On Mar. 26, 2018, Human Rights Watch filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Citizenship and Immigration Services (USCIS) under the Freedom of Information Act (FOIA) and Administrative Procedures Act (APA). Represented by private counsel, the plaintiff filed this lawsuit in the U.S. District Court for the Northern District of California.

According to the complaint, the Human Rights Watch is a "non-profit, non-partisan international human rights organization." It sought information on USCIS officers' knowledge of Customs and Border Protection (CBP)'s alleged due process violations toward asylum seekers at the U.S.-Mexican border.

The plaintiff stated that it had submitted a FOIA request to the defendants on Nov. 17, 2015, seeking the following records from Oct. 1, 2006 to the present:
"[A]ll records held by the USCIS Asylum Division and prepared by USCIS asylum officers relating to, and/or mentioning or referring to alleged due process violations or other alleged misconduct by Customs and Border Protection (CBP)[,] [specifically] any alleged or asserted due process Violations; alleged conduct inconsistent or in violation of agency policy or regulations; alleged conduct outside the scope of the law, allegations that CBP failed to record fear of return expressed by migrants at the border; and alleged intimidation, coercion and physical abuse. This request include[s] all Records referring to due process violations by CBP agents discovered by Asylum officers during credible fear interviews with noncitizens."

The complaint alleged that the defendants' productions were substantially flawed with many omissions. The plaintiff further alleged that it had constructively exhausted all required administrative remedies, and that the defendants violated the APA by failing to timely respond. The plaintiff and sought a disclosure order under FOIA, legal fees, and expedited action.

On Mar. 26, 2018, this case was assigned to Magistrate Judge Donna M. Ryu. A case management statement is due July 11 with an initial conference on July 18.

This case is ongoing.

Ava Morgenstern - 04/07/2018


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