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Case Name American Civil Liberties Union of Oregon v. U.S. Department of Homeland Security IM-OR-0006
Docket / Court 3:18-cv-00247-PK ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
Case Summary
On Feb. 7, 2018, the American Civil Liberties Union of Oregon filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). Represented by its own counsel and by the private law ... read more >
On Feb. 7, 2018, the American Civil Liberties Union of Oregon filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). Represented by its own counsel and by the private law firm Davis Wright Tremaine, the plaintiff filed this lawsuit in the U.S. District Court for the District of Oregon.

According to the plaintiff, in Jan. 2017, ICE had confirmed to news media that its agents were arresting noncitizens at Oregon courthouses. The plaintiff sought information on ICE practices of monitoring, detaining, and arresting individuals on suspicion of immigration violations at and around state courthouses within Oregon, as well as surveillance of legal observers filming federal immigration agents or participating in rallies, protests and vigils in the vicinity of courthouses in Oregon.

The plaintiff stated that it had submitted a FOIA request to ICE on Oct. 10, 2017, seeking the following:
1. Records created or received in the ICE Seattle Field Office or any ICE Oregon offices since Jan. 20, 2017 regarding immigration enforcement actions in or near Oregon courthouses;
2) Records concerning the number of individuals who had been detained, arrested, or otherwise subject to questioning by ICE agents or any officials working in cooperation with ICE, in or near an Oregon courthouse, since Jan. 1, 2017;
3) Records concerning policies, guidelines, and standards of conduct for officers conducting enforcement actions at or near courthouses;
4) Records concerning policies, guidelines, and standards of conduct related to discrimination, race-based or otherwise, for officers conducting enforcement actions;
5) Records regarding compliance with 8 U.S.C. § 1229(e) (procedures for the government to initiate removal proceedings), including internal policies;
6) Communications since Jan. 1, 2017 between any public employees working in an Oregon county’s district attorney’s office and any ICE
employees working in Oregon;
7) Communications since Jan. 1, 2017 between any public employees working in Oregon’s judicial branch and any ICE employees working in
Oregon;
8) Communications since Jan. 1, 2017 between any public employees working for an Oregon law enforcement agency and any ICE employees working in Oregon;
9) Records concerning activities and enforcement action(s) of ICE agents or officials working in Hillsboro, OR on Sept. 18, 2017 (site of the arrest of two Latino U.S. citizens at a courthouse vigil, who alleged that ICE racially profiled and wrongly identified them as undocumented persons);
10) Records created by ICE agents or officials that were deployed to, worked in, present in Hillsboro, OR on Sept. 18, 2017;
11) Communications with or records sent from any ICE official to any other federal government agency or official with information from, about or related to events or persons at the Washington County courthouse(s) and/or in Hillsboro, OR on Sept. 18, 2017.

The complaint further alleged that, to date, the plaintiff had not received a substantive response from any of the defendant agencies, and that the plaintiff had constructively exhausted all required administrative remedies. The plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On Feb. 8, this case was assigned to Magistrate Judge Paul Papak. The parties filed a joint status report on May 4, and an initial status conference is set for May 7.

This case is ongoing.

Ava Morgenstern - 05/05/2018


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
General
Access to lawyers or judicial system
Access to public accommodations - governmental
False arrest
Government Services (specify)
Racial profiling
Record-keeping
Records Disclosure
Search policies
Immigration/Border
Constitutional rights
Criminal prosecution
ICE/DHS/INS raid
Undocumented immigrants - rights and duties
National Origin/Ethnicity
Hispanic
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
Plaintiff Description ACLU of Oregon
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted Moot
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  ACLU sues for answers about ICE agents at Oregon's courthouses
www.oregonlive.com
Date: Feb. 7, 2018
By: Aimee Green (The Oregonian)
[ Detail ] [ External Link ]

Docket(s)
3:18-cv-247 (D. Or.)
IM-OR-0006-9000.pdf | Detail
Date: 02/14/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-OR-0006-0001.pdf | Detail
Date: 02/07/2018
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 8]
IM-OR-0006-0002.pdf | Detail
Date: 05/04/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Papak, Paul J. (D. Or.) [Magistrate]
IM-OR-0006-9000
Plaintiff's Lawyers Dos Santos, Mathew William (California)
IM-OR-0006-0002
Green, Derek (Oregon)
IM-OR-0006-0001 | IM-OR-0006-0002 | IM-OR-0006-9000
LeDuc, Alicia Jo (Oregon)
IM-OR-0006-0001 | IM-OR-0006-0002 | IM-OR-0006-9000
Simon, Kelly K. (Oregon)
IM-OR-0006-0002
Defendant's Lawyers Danielson, Kevin C. (Oregon)
IM-OR-0006-0002
Williams, Billy J. (Oregon)
IM-OR-0006-0002

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