On Jan. 3, 2018, the Center for Investigative Reporting (CIR) brought this suit in the U.S. District Court for the Northern District of California. Represented by its own counsel, plaintiff sued the U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA).

Plaintiff is a national nonprofit investigative news organization. Plaintiff sought information on the United States' land acquisition and expenses at the southern border for construction of a wall. According to plaintiff, the federal government had, over more than a decade, acquired land at the southern border through eminent domain cases and purchases. In particular, the Trump administration's Jan. 25, 2017 Executive Order 13767 demanded new construction of a wall along parts of the border. Plaintiff maintained that the federal government's funding of the border wall was a matter of national concern, and sought to produce news reports on the topic.

The complaint alleged that on Mar. 21, 2017, plaintiff had submitted a FOIA request to defendant's component agency Customs and Border Protection (CBP), seeking documents on land acquisition and real estate costs at the southern U.S. border, specifically the following items related to border wall construction:
1. The amount defendant had paid to private landowners in non-condemnation real estate transactions to acquire private property;
2. The amount defendant had paid to the Department of the Interior in environmental mitigation fees and costs;
3. The amount defendant had paid to the Department of Justice (DOJ) in litigation fees and costs related to border wall condemnation suits;
4. The amount defendant had paid to property owners for land condemned and taken through eminent domain;
5. The number of pending condemnation suits;
6. The location of all acquisitions;
7. The total amount of real estate costs.

The complaint further alleged that, to date, plaintiff had not received a substantive response from defendants. Plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On Jan. 3, 2018, the case was assigned to Magistrate Judge Kandis A. Westmore. A joint case management statement filed in June indicated that the government was in the process of producing responsive records. An August status report indicated the same.

This case is ongoing.

Ava Morgenstern - 04/21/2018
Virginia Weeks - 08/26/2018


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