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Case Name American Immigration Council v. U.S. Immigration and Customs Enforcement IM-DC-0052
Docket / Court 1:18-cv-01614-ABJ ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Immigration and/or the Border
Attorney Organization American Immigration Council's Legal Action Center
Case Summary
On July 9, 2018 plaintiff, the American Immigration Council, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiff sued U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). Represented by the American Immigration ... read more >
On July 9, 2018 plaintiff, the American Immigration Council, filed this lawsuit in the United States District Court for the District of Columbia. The plaintiff sued U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE). Represented by the American Immigration Council and Dorsey & Whitney, the plaintiff brought their claim under the Freedom of Information Act (FOIA). The plaintiff brought three claims under FOIA: Failure to Conduct an Adequate Search for Responsive Records, Failure to Disclose Responsive Records, and Failure to Grant Plaintiff's Public Interest Fee Waiver Request. The case was assigned to Judge Amy Berman Jackson.

The FOIA request sought specific identified data regarding (a) each individual who was
apprehended by CBP, (b) each individual who was encountered by ICE, (c) each individual who was arrested by ICE, (d) each individual who was arrested by CBP, and (e) each individual who was removed or returned from the United States between January 1, 2016 and October 10, 2017.

On July 16, 2018 plaintiff filed an amended complaint reasserting the claims from the July 9th complaint.

After several joint status reports, the defendants moved for summary judgment on March 29, 2019. The plaintiffs filed a cross-motion for summary judgment on April 26, 2019. Judge Berman Jackson issued an order on the motions for summary judgment on May 27, 2020, partially granting and denying both sides' motions. She granted the plaintiff's motion for summary judgment related to birthdates and identifying information on the spreadsheets ICE redacted in previous versions. She wrote that birthdates alone would not constitute a risk of identity theft, ICE's proffered reason for withholding the information. She granted the defendant's motion for summary judgment with regards to the location information of ICE stations, since this would tangentially provide information on staffing levels at various ICE posts across the country, a protected internal procedure under FOIA. As a result, ICE was instructed to resubmit documents with the identifying information provided. 2020 WL 2748515.

The case is ongoing.

Anna Belkin - 04/08/2018
Ellen Aldin - 06/08/2020


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Issues and Causes of Action
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Issues
General
Records Disclosure
Immigration/Border
Border police
Immigration lawyers
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Customs and Border Protection
U.S. Immigration and Customs Enforcement
Plaintiff Description The American Immigration Council, a 501(c)(3) nonprofit, is a powerful voice in promoting laws, policies, and attitudes that honor our proud history as a nation of immigrants. Through research and policy analysis, litigation and communications, and international exchange, the Council seeks to shape a twenty-first century vision of the American immigrant experience.
Indexed Lawyer Organizations American Immigration Council's Legal Action Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 07/09/2018
Case Ongoing Yes
Additional Resources
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Docket(s)
1:18-cv-1614 (D.D.C.)
IM-DC-0052-9000.pdf | Detail
Date: 05/27/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-DC-0052-0002.pdf | Detail
Date: 07/09/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 4]
IM-DC-0052-0001.pdf | Detail
Date: 07/16/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [ECF# 36] (2020 WL 2748515) (D.D.C.)
IM-DC-0052-0003.pdf | WESTLAW | Detail
Date: 05/27/2020
Source: PACER [Public Access to Court Electronic Records]
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Judges Jackson, Amy Berman (D.D.C.) show/hide docs
IM-DC-0052-0003 | IM-DC-0052-9000
Plaintiff's Lawyers Creighton, Emily J. (District of Columbia) show/hide docs
IM-DC-0052-9000
Grant, Michelle S. (Minnesota) show/hide docs
IM-DC-0052-0001 | IM-DC-0052-0002 | IM-DC-0052-9000
Magid, Creighton R. (District of Columbia) show/hide docs
IM-DC-0052-0001 | IM-DC-0052-0002 | IM-DC-0052-9000
Realmuto, Trina (Massachusetts) show/hide docs
IM-DC-0052-0001 | IM-DC-0052-0002 | IM-DC-0052-9000
Defendant's Lawyers Cirino, Paul (District of Columbia) show/hide docs
IM-DC-0052-9000
Kolsky, Joshua (District of Columbia) show/hide docs
IM-DC-0052-9000

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