University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American-Arab Anti-Discrimination Committee v. U.S. Customs and Border Protection IM-DC-0028
Docket / Court 1:17-cv-00708-CRC ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection Trump Administration FOIA cases
Case Summary
On April 18, 2017, the American-Arab Anti-Discrimination Council ("ADC") filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Christopher R. Cooper. Represented by private counsel, the plaintiff sued the U.S. Customs and Border Protection ("CBP" ... read more >
On April 18, 2017, the American-Arab Anti-Discrimination Council ("ADC") filed this lawsuit in the U.S. District Court for the District of Columbia. The case was assigned to Judge Christopher R. Cooper. Represented by private counsel, the plaintiff sued the U.S. Customs and Border Protection ("CBP") under 5 U.S.C. § 552, the Freedom of Information Act ("FOIA").

The plaintiff alleged that the CBP unlawfully withheld agency records relating to actions taken by defendant to revoke, suspend, or terminate participation in the Global Entry System (“GES” or “Global Entry”) for certain Arab and Muslim U.S. Citizens and Lawful Permanent Residents (“LPRs”) without any legal justification, in violation of the Freedom of Information Act. CBP failed to disclose the requested agency records within the time period specified by Congress or offer any meaningful estimate of when these records will become available. Accordingly, ADC sought declaratory and injunctive relief under the FOIA Act to compel DHS to search for and produce the records requested. The plaintiff asked for the Court to order defendant to conduct an expedited search for records responsive to their requests under the FOIA; permanently enjoin and restrain defendant from withholding the agency records at issue in this case; order defendant to produce to all agency records which are responsive to plaintiff’s requests and not exempt pursuant to FOIA; and award plaintiff attorneys’ fees and costs.

Early on in the case, the Court ordered the parties to submit a series of joint status updates to inform it of the status of ADC's FOIA requests.

The last status update, submitted to the Court on March 1, 2019, stated that the parties resolved their differences as to CBP’s search for and production of non-exempt, responsive records subject to the FOIA. The only remaining issue was possible attorney's fees under FOIA. There was supposed to be a status update regarding the issue on March 22, 2019. As of April 1, 2019, there has not been such a status update submitted to the court.

The case is ongoing.

Michael Beech - 03/31/2019


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
General
Records Disclosure
Immigration/Border
Immigration lawyers
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) United States Customs and Border Protection
Plaintiff Description American-Arab Anti-Discrimination Committee ("ADC")
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
1:17−cv−00708 (D.D.C.)
IM-DC-0028-9000.pdf | Detail
Date: 03/22/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-DC-0028-0001.pdf | Detail
Date: 04/18/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 30]
IM-DC-0028-0002.pdf | Detail
Date: 03/01/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Cooper, Christopher Reid (D.D.C.) show/hide docs
IM-DC-0028-9000
Plaintiff's Lawyers Free, R. Andrew (Tennessee) show/hide docs
IM-DC-0028-0001 | IM-DC-0028-0002 | IM-DC-0028-9000
Siskind, Gregory H. (Tennessee) show/hide docs
IM-DC-0028-0001
Defendant's Lawyers D'Ottavio, Kari E. (District of Columbia) show/hide docs
IM-DC-0028-0002 | IM-DC-0028-9000
Drezner, Michael Leon (District of Columbia) show/hide docs
IM-DC-0028-9000
Patil, Chetan Adinath (District of Columbia) show/hide docs
IM-DC-0028-9000

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