University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Commonwealth of Massachusetts v. U.S. Department of Homeland Security IM-MA-0013
Docket / Court 1:17-cv-12022 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Immigration and/or the Border
Special Collection Trump Administration FOIA cases
Case Summary
On Oct. 17, 2017, the Commonwealth of Massachusetts, District of Columbia, and States of California, Hawai'i, Illinois, Iowa, Maryland, New York, Oregon, and Washington, filed this lawsuit in the U.S. District Court of Massachusetts against the U.S. Department of Homeland Security (DHS) and its ... read more >
On Oct. 17, 2017, the Commonwealth of Massachusetts, District of Columbia, and States of California, Hawai'i, Illinois, Iowa, Maryland, New York, Oregon, and Washington, filed this lawsuit in the U.S. District Court of Massachusetts against the U.S. Department of Homeland Security (DHS) and its components U.S. Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP). All plaintiffs were represented by their respective Attorneys General.

Plaintiffs sought disclosure under the Freedom of Information Act (FOIA) of agency records that would shed light on federal immigration enforcement activities within the respective States. Due to a significant increase in such enforcement in 2017, plaintiffs asserted that they had an urgent need for this information.

The complaint alleged that on June 29, 2017, plaintiffs submitted a FOIA request to ICE, USCIS, and CBP seeking copies of records relating to:
1. the Deferred Action for Childhood Arrivals program (DACA);
2. arrests and/or detentions of individuals at certain locations; and
3. ICE or CBP detainer requests and databases.

The complaint further alleged that, to date, plaintiffs had not received a substantive response from ICE. Plaintiffs sought an expedited disclosure order under FOIA and sought legal fees.

The case was filed in the U.S. District Court for the District of Massachusetts and was assigned to Judge F. Dennis Saylor. A status conference is set for Jan. 11, 2018. This case is ongoing.

Ava Morgenstern - 12/08/2017


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Issues and Causes of Action
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Issues
Benefit Source
DACA (Deferred Action for Childhood Arrivals)
Defendant-type
Law-enforcement
General
Over/Unlawful Detention
Record-keeping
Records Disclosure
Immigration/Border
Border police
Criminal prosecution
Deportation - criteria
Deportation - procedure
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
State Plaintiff
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Citizenship and Immigration Services
U.S. Customs and Border Protection
U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
Plaintiff Description The Commonwealth of Massachusetts, District of Columbia, and States of California, Hawai'i, Illinois, Iowa, Maryland, New York, Oregon, and Washington
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
Additional Resources
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  Nine States Sue Feds for Records on Immigration Crackdown
www.courthousenews.com
Date: Oct. 17, 2017
By: Huffman, Zach (Courthouse News)
[ Detail ] [ External Link ]

Docket(s)
1:17-cv-12022 (D. Mass.)
IM-MA-0013-9000.pdf | Detail
Date: 10/17/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-MA-0013-0001.pdf | Detail
Date: 10/17/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Saylor, F. Dennis IV (FISC, D. Mass.)
IM-MA-0013-9000
Plaintiff's Lawyers Sclarsic, Jonathan (Massachusetts)
IM-MA-0013-0001 | IM-MA-0013-9000

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