FOIA Lawsuit Seeking Disclosure of the CBP Officers’ Resource Tool

FOIA Lawsuit Seeking Disclosure of the CBP Officers’ Resource Tool

AILA v. DHS et. al., No. 1:16-cv-02470 (D.D.C. filed 12/19/16)

STATUS:
Pending
On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council, in cooperation with Foley and Lardner, LLP, filed a lawsuit under the Freedom of Information Act against U.S. Customs and Border Patrol (CBP) seeking the public release of CBP’s Officers’ Resource Tool (ORT). The ORT replaced the CBP Inspector’s Field Manual (IFM), which previously provided guidance regarding the inspection and admission of individuals into the United States at U.S. ports of entry. AILA seeks to ensure that CBP makes a copy of the ORT available to the public, as it did with the IFM.
 
AILA seeks records relating to the issuance and implementation of the ORT, and how it has come to replace the IFM. Over the past three years, CBP has repeatedly refused to disclose any information regarding the ORT. After AILA filed its initial FOIA request over two years ago, CBP failed to respond, a failure which continued even after AILA filed an appeal in 2015. AILA now seeks to compel CBP to disclose all portions of the ORT which are covered by the FOIA.

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