This suit, filed October 4, 2017, sought to compel the Department of Homeland Security (DHS) and the Department of State (DOS) to release certain records under the Freedom of Information Act (FOIA). The plaintiff - a nonprofit organization dedicated to protecting freedom of speech and press - sought "records concerning the exclusion or removal of individuals from the United States based on their speech, beliefs, or associations." The case was filed in the U.S. District Court for the Southern District of New York.

The plaintiff is the Knight First Amendment Institute at Columbia University. It argued that pursuant to President Trump's immigration policies, DHS and DOS created new policies with which to vet visa applicants and refugees. In particular, the Knight Institute pointed to the development of a questionnaire that asked for "any social media platforms and handles used during the last five years," as well as a new policy proposal slated to go into effect October 18, 2017 to have DHS' immigration records "include the 'social media handles, aliases, [and] associated identifiable information,' as well as 'publicly available information obtained from the internet,...and information obtained and disclosed pursuant to information sharing agreements.'" The Knight Instituted argued that these changes would have an expansive affect, reaching visa applicants, naturalized U.S. citizens, and lawful permanent residents.

The Knight Institute submitted a FOIA request to DHS and DOS seeking information on these new vetting policies as well as the government's rationale that it can "base immigration decisions on individuals’ speech, beliefs, or associations." ICE released only one document in response to this request, prompting the plaintiff to bring this suit.

The case was assigned to Judge Andrew L. Carter, Jr. on Oct. 5.

On Dec. 28, 2017, the government filed a letter seeking to dismiss the complaint, arguing that the Knight Institute had failed to exhaust administrative remedies. On Jan. 16, the parties filed stipulation of voluntary dismissal as to ICE. The plaintiffs filed an amended complaint on Mar. 14, 2018.

Through a series of orders, the court (Judge Carter) ordered the various components of the government to complete processing and producing responsive records between June and July of 2018. A status report filed on Oct. 5, 2018 indicated that the government had completed much but not all of the production request yet, and that the parties were continuing to work together to complete it.

The case is ongoing.

Virginia Weeks - 10/05/2017
Virginia Weeks - 10/09/2018


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