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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) (5 U.S.C. § 552). Represented by its own counsel and ... 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) (5 U.S.C. § 552). 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. The case was assigned to Magistrate Judge Paul Papak.

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 June 26, the court ordered the defendants to produce 2,500 pages of records per month for July and August. In August, the court ordered the defendants to produce in September all of the documents currently in ICE's possession relating to specific search terms provided by the plaintiffs, as well as 5,000 records per month in October and November.

The case was reassigned to Magistrate Judge Jolie A. Russo on Sept. 20.

In a November status report, the plaintiff reported that the defendants' production of responsive records remained incomplete and that they had been failing to comply with the court's production order for the preview two months. Consequently, the plaintiff requested additional court involvement in order to obtain the defendants' compliance. The defendants argued that they could not produce the court-ordered number of pages in the timeframes set forward due to lack of staff and overall FOIA workload.

In a November 28, 2018, telephonic proceeding, the court ordered the defendants to produce all outstanding documents by July 1, 2019 (with a production rate of at least 2,000 documents per month). This deadline was later changed to August 1, 2019.

In an August 2019 status report the parties reported that the defendants had completed initial production of all identified records responsive to the plaintiff's Oct. 2017 FOIA request. The parties requested additional time to confer and discuss issues the plaintiff had identified concerning the records produced. The defendants later agreed to some supplemental record production, but the parties continued to disagree over the scope of redactions and information withheld by the defendants.

On April 7, 2020, the defendants filed a motion for summary judgment. The defendants argued that they had properly withheld information under various FOIA exemptions and privileges and that they had complied with their obligations under FOIA.

The case is ongoing.

Ava Morgenstern - 05/05/2018
Virginia Weeks - 09/21/2018
Sam Kulhanek - 05/14/2020


compress summary

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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
Discrimination-basis
National origin discrimination
General
Access to lawyers or judicial system
Access to public accommodations - governmental
False arrest
Government Services (specify)
Racial profiling
Record-keeping
Records Disclosure
Immigration/Border
Constitutional rights
Criminal prosecution
ICE/DHS/INS raid
Immigration lawyers
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 No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Document production
Source of Relief Litigation
Filed 02/07/2018
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  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: 05/12/2020
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]
show all people docs
Judges Papak, Paul J. (D. Or.) [Magistrate] show/hide docs
IM-OR-0006-9000
Plaintiff's Lawyers Baxter-Neal, Leland (Oregon) show/hide docs
IM-OR-0006-9000
Dos Santos, Mathew William (California) show/hide docs
IM-OR-0006-0002 | IM-OR-0006-9000
Green, Derek (Oregon) show/hide docs
IM-OR-0006-0001 | IM-OR-0006-0002 | IM-OR-0006-9000
LeDuc, Alicia Jo (Oregon) show/hide docs
IM-OR-0006-0001 | IM-OR-0006-0002 | IM-OR-0006-9000
Simon, Kelly K. (Oregon) show/hide docs
IM-OR-0006-0002 | IM-OR-0006-9000
Defendant's Lawyers Danielson, Kevin C. (Oregon) show/hide docs
IM-OR-0006-0002 | IM-OR-0006-9000
Williams, Billy J. (Oregon) show/hide docs
IM-OR-0006-0002

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