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Case Name ACLU of Southern California v. U.S. Department of Homeland Security NS-CA-0026
Docket / Court 2:17-cv-02778-BRO-AS ( C.D. Cal. )
State/Territory California
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
ACLU of Southern California
Case Summary
On April 12, 2017, the ACLUs of Southern California and Nevada filed this suit 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 implemented President Trump's January 27 and March 6 Executive ... read more >
On April 12, 2017, the ACLUs of Southern California and Nevada filed this suit 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 implemented President Trump's January 27 and March 6 Executive Orders (EO) 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 concerned implementation at international airports within the purview of CBP's Los Angeles Field Office, including Los Angeles International Airport and McCarran 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 plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders in the Los Angeles Field Office" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Beverly Reid O'Connell.

On May 8, 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. For the transfer motion see this case. On May 17, the government moved to stay the proceedings pending the consolidation decision. 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 Jun. 21, the court ordered proceedings stayed for 60 days.

On Aug. 3, 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 share "a limited number of factual issues," these issues "appear relatively straightforward and unlikely to entail extensive pretrial proceedings." Following the Panel's denial, Judge O'Connell lifted the stay and litigation continued.

On Nov. 3, the case was reassigned to Judge Robert H. Whaley.

The case is ongoing.

Virginia Weeks - 05/22/2017
Virginia Weeks - 11/06/2017
Jamie Kessler - 08/21/2017


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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
Refugees
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description ACLUs of Southern California and Nevada
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Southern California
Class action status sought No
Class action status granted Moot
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-FL-0002 : ACLU of Florida v. U.S. Department of Homeland Security (S.D. Fla.)
Additional Resources
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  ACLU Files Lawsuits Demanding Local Documents on Implementation of Trump Muslim Ban
https://www.aclu.org/
Date: Apr. 12, 2017
By: American Civil Liberties Union (American Civil Liberties Union)
[ Detail ] [ External Link ]

Docket(s)
2:17−cv−02778−BRO−AS (C.D. Cal.)
NS-CA-0026-9000.pdf | Detail
Date: 08/22/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunction Relief for Violation of the Freedom of Information Act [ECF# 1]
NS-CA-0026-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 28] (C.D. Cal.)
NS-CA-0026-0006.pdf | Detail
Date: 08/03/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Breyer, Charles R. (N.D. Cal.)
NS-CA-0026-0006
Huvelle, Ellen Segal (D.D.C.)
NS-CA-0026-0006
Kaplan, Lewis A. (S.D.N.Y.)
NS-CA-0026-0006
O'Connell, Beverly Reid (C.D. Cal.)
NS-CA-0026-9000
Perry, Catherine D. (E.D. Mo.)
NS-CA-0026-0006
Proctor, R. David (N.D. Ala.)
NS-CA-0026-0006
Sagar, Alka Court not on record [Magistrate]
NS-CA-0026-9000
Vance, Sarah S. (E.D. La.)
NS-CA-0026-0006
Plaintiff's Lawyers Bibring, Peter (California)
NS-CA-0026-0001 | NS-CA-0026-9000
Burke, Thomas R. (California)
NS-CA-0026-0001 | NS-CA-0026-9000
Charney, Brendan Nathaniel (California)
NS-CA-0026-0001 | NS-CA-0026-9000
Ebadolahi, Mitra (New York)
NS-CA-0026-0001 | NS-CA-0026-9000
Porter, Devon Erickson (California)
NS-CA-0026-0001 | NS-CA-0026-9000
Rose, Amy M (Nevada)
NS-CA-0026-0001 | NS-CA-0026-9000
Tajsar, Mohammad K. (California)
NS-CA-0026-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-CA-0026-9000
Patil, Chetan (District of Columbia)
NS-CA-0026-9000
Young, Danielle Wolfson (District of Columbia)
NS-CA-0026-9000

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