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Case Name ACLU of Arizona v. U.S. Department of Homeland Security NS-AZ-0001
Docket / Court 2:17-cv-01083-DMF ( D. Ariz. )
State/Territory Arizona
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On April 12, 2017, the ACLU of Arizona filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen aimed at shedding light on how U.S. Customs and Border Protection implemented President Trump's January 27 and March 6 Executive Orders (EO) that banned admission to the ... read more >
On April 12, 2017, the ACLU of Arizona filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen aimed at shedding light on how U.S. Customs and Border Protection implemented President Trump's January 27 and March 6 Executive Orders (EO) that banned admission to the U.S. for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.

Specifically, the plaintiff sought information “concerning CBP’s local implementation of President Trump’s January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding the Executive Order,” including President Trump’s March 6, 2017 Executive Order. The request concerned implementation at sites within the purview of CBP’s Tucson Field Office, including Phoenix Sky Harbor International Airport. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the EO.

In the complaint, the plaintiff argued that the requested records “would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders,” and that “[s]uch information is critical to the public’s ability to hold the government accountable.”

The case was assigned to Judge Deborah M. Fine.

On May 8, 2017, the government filed a motion to treat all of these FOIA cases as “multidistrict litigation,” effectively consolidating them before the U.S. District Court for the District of Columbia. The ACLU filed their opposition to the motion to transfer on May 30, arguing that “[g]ranting consolidation and transfer would promote forum-shopping and delay, not justice.” On August 3, 2017 the U.S. District Judicial Panel on Multidistrict Litigation denied the government’s consolidation motion. In its order, the Panel found that, although the thirteen FOIA cases shared “a limited number of factual issues,” these issues “appear[ed] relatively straightforward and unlikely to entail extensive pretrial proceedings.”

Litigation continued over a production schedule, and on June 5, 2018 the court (now Judge Diane Humetewa) ordered the government to complete its production on a rolling basis by November 30, 2018. On June 22, 2018 the court amended its order to indicate that documents were to be processed by, rather than produced by, November 30, 2018.

On December 4, 2018, the defendants reported that the processing of documents was completed on October 31, 2018. On May 24, 2019, the plaintiff filed a motion for attorneys’ fees, claiming that it was entitled to an award of attorneys’ fees in the amount of $88,900 and costs in the amount of $400.00. The court granted the plaintiff’s attorneys’ fees in the amount of $76,900 and costs in the amount of $400.00 on March 27, 2020. On March 31, 2020, the court directed the court clerk to close the case.

This case is closed.

Virginia Weeks - 05/04/2017
Virginia Weeks - 06/30/2018
Jamie Kessler - 08/07/2017
Bogyung Lim - 08/14/2020


compress summary

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Issues and Causes of Action
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Issues
Content of Injunction
Required disclosure
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Racial profiling
Record-keeping
Records Disclosure
Religious programs / policies
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Border police
Detention - conditions
Refugees
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Customs and Border Protection
U.S. Department of Homeland Security
Plaintiff Description ACLU of Arizona
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 04/12/2017
Case Closing Year 2020
Case Ongoing No
Case Listing NS-TX-0004 : ACLU Foundation of Texas v. U.S. Customs and Border Protection (S.D. Tex.)
NS-ME-0001 : American Civil Liberties Union of Maine v. U.S. Customs and Border Protection (D. Me.)
NS-FL-0002 : American Civil Liberties Union of Florida v. U.S. Department of Homeland Security (S.D. Fla.)
NS-CA-0024 : American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security (N.D. Cal.)
NS-CA-0025 : American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security (S.D. Cal.)
NS-VA-0007 : American Civil Liberties Union of Virginia v. U.S. Department of Homeland Security (E.D. Va.)
NS-IL-0004 : American Civil Liberties Union of Illinois v. U.S. Department of Homeland Security (N.D. Ill.)
NS-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  We Sued for Records About Trump’s Muslim Bans. Here’s What We Found Out.
www.aclu.org
Date: Oct. 24, 2017
By: Vera Eidelman (American Civil Liberties Union)
[ Detail ] [ External Link ]

  ACLU Files Lawsuits Demanding Local Documents on Implementation of Trump Muslim Ban
www.aclu.org
Date: Apr. 12, 2017
By: American Civil Liberties Union (ACLU)
[ Detail ] [ External Link ]

Docket(s)
2:17-cv-1083 (D. Ariz.)
NS-AZ-0001-9000.pdf | Detail
Date: 03/31/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 [ECF# 1]
NS-AZ-0001-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 33] (D. Ariz.)
NS-AZ-0001-0005.pdf | Detail
Date: 08/02/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 70]
NS-AZ-0001-0007.pdf | Detail
Date: 05/08/2019
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 80] (2020 WL 1494328) (D. Ariz.)
NS-AZ-0001-0008.pdf | WESTLAW | Detail
Date: 03/27/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Breyer, Charles R. (N.D. Cal.) show/hide docs
NS-AZ-0001-0005
Humetewa, Diane Joyce (D. Ariz.) show/hide docs
NS-AZ-0001-9000
Huvelle, Ellen Segal (D.D.C.) show/hide docs
NS-AZ-0001-0005
Kaplan, Lewis A. (S.D.N.Y.) show/hide docs
NS-AZ-0001-0005
Perry, Catherine D. (E.D. Mo.) show/hide docs
NS-AZ-0001-0005
Proctor, R. David (N.D. Ala.) show/hide docs
NS-AZ-0001-0005
Vance, Sarah S. (E.D. La.) show/hide docs
NS-AZ-0001-0005
Plaintiff's Lawyers Bodney, David Jeremy (Arizona) show/hide docs
NS-AZ-0001-0007 | NS-AZ-0001-9000
Brody, Kathleen E. (Arizona) show/hide docs
NS-AZ-0001-0001 | NS-AZ-0001-0007 | NS-AZ-0001-9000
DiGiacomo, Michael Anthony (Arizona) show/hide docs
NS-AZ-0001-0007 | NS-AZ-0001-9000
Lieberman, Martin (Arizona) show/hide docs
NS-AZ-0001-9000
Peard, William Bradford (Arizona) show/hide docs
NS-AZ-0001-0007 | NS-AZ-0001-9000
Defendant's Lawyers Berns, Matthew (District of Columbia) show/hide docs
NS-AZ-0001-9000
Federighi, Carol (District of Columbia) show/hide docs
NS-AZ-0001-0007 | NS-AZ-0001-9000
Hunt, Joseph H. (District of Columbia) show/hide docs
NS-AZ-0001-0007
Patil, Chetan Adinath (District of Columbia) show/hide docs
NS-AZ-0001-9000
Shapiro, Elizabeth J. (District of Columbia) show/hide docs
NS-AZ-0001-0007
Strange, Elizabeth A. (Arizona) show/hide docs
NS-AZ-0001-0007

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