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).

The plaintiff was a national nonprofit investigative news organization. It 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. The 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, the 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 the 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, the 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.

On Mar. 29, 2019, the DHS filed a stipulation with a proposed order of settlement and dismissal. The settlement indicated that the FOIA request had been completed to the satisfaction of both parties and $5,000 in attorneys' fees would be paid to the plaintiff. Judge Westmore granted the stipulation of settlement, dismissing the case with prejudice on Apr. 1, 2019. The case is now closed.

Ava Morgenstern - 04/21/2018
Virginia Weeks - 08/26/2018
Carter Powers Beggs - 12/02/2019


compress summary