University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Electronic Privacy Information Center v. U.S. Immigration & Customs Enforcement IM-DC-0042
Docket / Court 1:17-cv-02684 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Special Collection Trump Administration FOIA cases
Case Summary
This Freedom of Information Act (FOIA) complaint was filed on Dec. 15, 2017. The Electronic Privacy Information Center (EPIC) sued Immigration and Customs Enforcement (ICE) for records pertaining to the data collection systems FALCON and Investigative Case Management (ICM). EPIC argued that ICE's ... read more >
This Freedom of Information Act (FOIA) complaint was filed on Dec. 15, 2017. The Electronic Privacy Information Center (EPIC) sued Immigration and Customs Enforcement (ICE) for records pertaining to the data collection systems FALCON and Investigative Case Management (ICM). EPIC argued that ICE's use of these systems risked violating the Privacy Act of 1974 and the E-Government Act. The case was filed in the U.S. District Court for the District of Columbia and assigned to Judge Randolph D. Moss.

EPIC is a nonprofit organization that aims to expose new issues related to privacy and civil liberties. The complaint stated that ICE had a contract with Palantir Technologies, a data mining firm, to create and maintain information systems "designed to make determinations about specific, identifiable individuals." FALCON and ICM are two such information systems that ICE used. EPIC argued that Palantir's products provide "the basis for deportation determinations" by collecting "massive amounts of data on individuals and applying, secretive, proprietary techniques [to make] determinations about their fitness for employment, travel, and whether they should be targeted for further investigations." FALCON and ICM specifically enabled ICE to secretly collect personal data from numerous federal databases with information on individuals not suspected of any crimes. The complaint further asserted that ICE sought to make FALCON exempt from several Privacy Act safeguards, while ICM is already exempt from those safeguards.

Status reports filed in May through September 2018 indicated that the government was in the process of producing responsive records on a rolling basis.

The case is ongoing.

Virginia Weeks - 01/23/2018
Virginia Weeks - 09/26/2018


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Issues and Causes of Action
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Issues
Immigration/Border
Deportation - criteria
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Immigration and Customs Enforcement
Plaintiff Description Electronic Privacy Information Center
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Docket(s)
1:17-cv-2684 (D.D.C.)
IM-DC-0042-9000.pdf | Detail
Date: 07/16/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief [ECF# 1]
IM-DC-0042-0001.pdf | Detail
Date: 12/15/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Moss, Randolph Daniel (D.D.C.)
IM-DC-0042-9000
Plaintiff's Lawyers Butler, Alan (District of Columbia)
IM-DC-0042-0001 | IM-DC-0042-9000
Rotenberg, Marc (District of Columbia)
IM-DC-0042-0001 | IM-DC-0042-9000
Scott, Jeramie D. (District of Columbia)
IM-DC-0042-0001 | IM-DC-0042-9000
Defendant's Lawyers Sroka, Scott Leeson (District of Columbia)
IM-DC-0042-9000

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