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Case Name ACLU of Florida v. U.S. Department of Homeland Security NS-FL-0002
Docket / Court 1:17-cv-21382-DPG ( S.D. Fla. )
State/Territory Florida
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On Apr. 12, 2017, the ACLU of Florida filed this lawsuit in the U.S. District Court for the Southern District of Florida, under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented ... read more >
On Apr. 12, 2017, the ACLU of Florida filed this lawsuit in the U.S. District Court for the Southern District of Florida, under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented President Trump's January 27 and March 6 Executive Orders that ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs 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 Executive Order No. 1, including President Trump’s March 6, 2017 Executive Order." The request at issue in this case in particular concerned implementation at CBP’s Miami Field Office (including Miami International Airport and various ports of entry) and CBP’s Tampa Field Office (including Orlando International Airport and various ports of entry).

In the complaint, plaintiffs argued that the requested records "would facilitate the public’s understanding" of how defendants implemented and enforced the Executive Orders through the Miami and Tampa Field Offices, and that "[s]uch information is critical to the public’s ability to hold the government accountable." Plaintiffs noted that the Miami and Orlando airports are especially busy hubs for international passengers, and that a direct flight route runs from Dubai to Orlando.

On Apr. 12, the case was assigned to Judge Darrin P. Gayles.

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively seeking to consolidate them before the U.S. District Court for the District of Columbia. For the transfer motion and subsequent procedure see this case.

On June 29, Judge Gayles administratively closed the case, so that it was stayed pending a transfer decision by the Judicial Panel on Multidistrict Litigation. Once that panel denied defendants' transfer motion, on Aug. 2, the parties jointly moved to reopen the case on Aug. 8. Judge Gayles reopened it on Aug. 22.

On Nov. 16, the parties submitted a joint scheduling report, agreeing that setting a trial date would be premature. Judge Gayles ordered the parties instead to submit a joint status report by Dec. 15.

In the Dec. 15 status report, the parties explained that defendant was working to identify whether records it released in the other ACLU cases were also responsive to this one. Defendant's processing capacity had recently improved. Plaintiff continued to monitor production.

The next status report is due Jan. 8, 2018.

The case is ongoing.

Ava Morgenstern - 12/16/2017


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Issues and Causes of Action
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Issues
Discrimination-basis
National origin discrimination
General
Record-keeping
Records Disclosure
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Border police
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
Refugees
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Special Case Type
Multi-District Litigation (MDL)
Type of Facility
Government-run
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 American Civil Liberties Union of Florida
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing NS-TX-0004 : ACLU Foundation of Texas v. U.S. Customs and Border Protection (S.D. Tex.)
NS-ME-0001 : ACLU of Maine v. U.S. Customs and Border Protection (D. Me.)
NS-CA-0024 : ACLU of Hawai'i v. U.S. Department of Homeland Security (N.D. Cal.)
NS-CA-0025 : ACLU of San Diego v. U.S. Department of Homeland Security (S.D. Cal.)
NS-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
NS-VA-0007 : ACLU of Virginia v. U.S. Department of Homeland Security (E.D. Va.)
NS-IL-0004 : ACLU of Illinois, Inc. v. U.S. Department of Homeland Security (N.D. Ill.)
NS-MI-0005 : ACLU of Michigan v. U.S. Department of Homeland Security (E.D. Mich.)
NS-GA-0001 : ACLU of Georgia v. U.S. Department of Homeland Security (N.D. Ga.)
NS-OR-0005 : ACLU of Oregon v. U.S. Department of Homeland Security (D. Or.)
NS-WA-0004 : ACLU of Washington v. U.S. Department of Homeland Security (W.D. Wash.)
NS-AZ-0001 : ACLU of Arizona v. U.S. Department of Homeland Security (D. Ariz.)
Additional Resources
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  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)
1:17-cv-21382 (S.D. Fla.)
NS-FL-0002-9000.pdf | Detail
Date: 10/24/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-FL-0002-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Unopposed Motion for Enlargement of Time to File Response to Complaint [ECF# 17]
NS-FL-0002-0002.pdf | Detail
Date: 05/26/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Gayles, Darrin Phillip (S.D. Fla.)
NS-FL-0002-9000
Plaintiff's Lawyers Abudu, Nancy G (Florida)
NS-FL-0002-0001 | NS-FL-0002-9000
Kacou, Amien (Florida)
NS-FL-0002-9000
Mogensen, Andrea Flynn (Florida)
NS-FL-0002-0001 | NS-FL-0002-9000
Stevenson, Benjamin James (Florida)
NS-FL-0002-0001 | NS-FL-0002-9000
Tannebaum, Brian Lee (Florida)
NS-FL-0002-0001 | NS-FL-0002-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-FL-0002-0002 | NS-FL-0002-9000
D'Ottavio, Kari E. (District of Columbia)
NS-FL-0002-9000
Lee, Dexter (Florida)
NS-FL-0002-0002
Patil, Chetan (District of Columbia)
NS-FL-0002-0002 | NS-FL-0002-9000
Readler, Chad A. (District of Columbia)
NS-FL-0002-0002
Shapiro, Elizabeth J. (District of Columbia)
NS-FL-0002-0002

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