University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Muslim Advocates v. United States Department of Homeland Security NS-DC-0110
Docket / Court 1:17-cv-00813 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
National Security
Special Collection Trump Administration FOIA cases
Attorney Organization Muslim Advocates
Case Summary
On May 2, 2017, the non-profit organization Muslim Advocates filed this suit under the Freedom of Information Act (FOIA). The suit aimed to shed light on the government's border searches of electronic devices in the possession of persons from the seven Muslim-majority countries covered by President ... read more >
On May 2, 2017, the non-profit organization Muslim Advocates filed this suit under the Freedom of Information Act (FOIA). The suit aimed to shed light on the government's border searches of electronic devices in the possession of persons from the seven Muslim-majority countries covered by President Trump's Jan. 27 and Mar. 6 Executive Orders (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen). The plaintiffs additionally aimed to learn about the government's border searches of electronic devices in the possession of all persons - including U.S. citizens - whom U.S. Customs and Border Protection ("CBP") agents "perceived to be Muslim." The plaintiffs contended that DHS had yet to make the requested records available. The plaintiffs therefore filed this suit seeking injunctive and declaratory relief.

In the complaint, the plaintiffs argued that the plaintiffs had submitted their FOIA request to the Department of Homeland Security ("DHS") on March 7, 2017. Specifically, the plaintiffs sought the following:
1. Records created on or after Jan. 24, 2017 related to CBP's search, review, retention, and dissemination of information located on or accessed through electronic devices in the possession of individuals who are encountered by CBP at the border (and the border's functional equivalents); and
2. Records created on or after Feb. 27, 2017 that pertain to the second Executive Order and are otherwise responsive to the first request.

On May 2, this case was assigned to Judge Tanya S. Chutkan. Also on May 2, the plaintiffs filed notice that they believe this case should be marked related to Knight First Amendment v. DHS.

On July 13, DHS answered the plaintiffs' complaint. On Aug. 4, the parties filed a joint status report. On Oct. 6, the parties filed a joint status report discussing the progress of the search and document turnover. On Nov. 3, the parties filed another status report. On Nov. 28, the parties met for a status conference before Judge Tanya S. Chutkan. Judge Chutkan ordered that the government provide the plaintiffs with an estimate regarding the completion date of document production by Dec. 19.

This case is ongoing. The parties shall file another joint status report by Jan. 19.

Julie Aust - 12/03/2017


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
Religion discrimination
General
Racial profiling
Record-keeping
Records Disclosure
Terrorism/Post 9-11 issues
Watchlist
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Border police
Status/Classification
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) The Department of Homeland Security ("DHS")
Plaintiff Description The Muslim Advocates are a not-for-profit corporation working to "ensure the civil rights for Americans of all faiths through national legal advocacy, policy engagement, and civic education."
Indexed Lawyer Organizations Muslim Advocates
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing NS-DC-0108 : Knight First Amendment Institute v. U.S. Department of Homeland Security (D.D.C.)
Docket(s)
1:17-cv-00813 (D.D.C.)
NS-DC-0110-9000.pdf | Detail
Date: 08/07/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
NS-DC-0110-0001.pdf | Detail
Date: 05/02/2017
Source: PACER [Public Access to Court Electronic Records]
Answer [ECF# 15]
NS-DC-0110-0002.pdf | Detail
Date: 07/13/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Chutkan, Tanya Sue (D.D.C.)
NS-DC-0110-9000
Plaintiff's Lawyers Ali, Amir H. (District of Columbia)
NS-DC-0110-0001 | NS-DC-0110-9000
Bousquet, Daniel F (District of Columbia)
NS-DC-0110-0001 | NS-DC-0110-9000
Chapuis, Emily Lauren (District of Columbia)
NS-DC-0110-9000
Khan, Juviara (New York)
NS-DC-0110-0001 | NS-DC-0110-9000
Morrison, Kelly M. (District of Columbia)
NS-DC-0110-0001 | NS-DC-0110-9000
Parker, Joshua M. (District of Columbia)
NS-DC-0110-0001 | NS-DC-0110-9000
Shebaya, Sirine (District of Columbia)
NS-DC-0110-9000
Smith, Johnathan James (California)
NS-DC-0110-0001
Tulin, Leah J. (District of Columbia)
NS-DC-0110-0001 | NS-DC-0110-9000
Defendant's Lawyers Glass, David M (District of Columbia)
NS-DC-0110-0002 | NS-DC-0110-9000
Philips, Channing D. (District of Columbia)
NS-DC-0110-0002
Readler, Chad A. (District of Columbia)
NS-DC-0110-0002
Shapiro, Elizabeth J. (District of Columbia)
NS-DC-0110-0002

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