FOIA Litigation

  • FOIA Litigation

Council Sues USCIS To Obtain Records About Humanitarian Parole Applications of Afghan Nationals

This Freedom of Information Act (FOIA) suit seeks to compel U.S. Citizenship and Immigration Services (USCIS) to disclose information about the massive delays in processing of applications for humanitarian parole filed for Afghan nationals who have not been able to travel to the United States.
  • FOIA Litigation

CBP Faces FOIA Lawsuit for Failing to Disclose Information About Border Patrol Practices in Ohio

This FOIA lawsuit seeks records about Border Patrol activities at the Sandusky Bay Station located in northern Ohio to improve the public’s understanding of CBP’s enforcement practices at northern U.S. borders, including cooperation with local law enforcement.
  • FOIA Litigation

Council Sues ICE for Records on Enforcement Actions Against People Who Didn’t Meet Guidelines

This FOIA lawsuit seeks authorizations that ICE officers were required to submit to supervisors when they sought to arrest individuals who did not meet the enforcement priorities in effect from Feb. 18 until Nov. 29, as well as information related to the approvals.
  • FOIA Litigation

Council Sues CBP To Obtain Records About CBP One

This FOIA Lawsuit seeks to compel CBP to release information about its implementation of CBP One, an app designed to streamline interactions between CBP officers and travelers, including asylum seekers, that has raised concerns amongst advocates.
  • FOIA Litigation

Council Sues to Obtain ICE’s Reports on Enforcement Actions and Removals

This FOIA lawsuit seeks to compel DHS and ICE to disclose the weekly reports ICE was required to produce about their enforcement activities and removals pursuant to the DHS’ January 20 and February 18 memos establishing new immigration enforcement priorities.
  • FOIA Litigation

Council Sues to Press for Records About the Treatment of Black Immigrants in Detention

This FOIA suit seeks to compel ICE to release information about conditions, treatment, and outcomes in eight immigration detention facilities in the U.S. South.
  • FOIA Litigation

Council Sues Immigration Agencies for Records of Enforcement Databases

This Freedom of Information Act lawsuit seeks to uncover information about the databases and systems that Department of Homeland Security (DHS) agencies use in immigration enforcement.
  • FOIA Litigation

Council Sues Customs and Border Protection to Release Records of Militarized Raids on Humanitarian Aid Station

This Freedom of Information Act lawsuit calls on CBP to release records documenting the agency’s aggressive and militarized response to the provision of humanitarian aid.
  • FOIA Litigation

Council Files FOIA Lawsuit to Expose Immigration Enforcement in Federal Prisons

The American

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  • FOIA Litigation

Government Faces Lawsuit for Failing to Disclose Information on Expansion of Immigration Courts and Immigration Adjudication Centers

Public information about the location and expansion of these courts and centers is critically important.
  • FOIA Litigation

Council Sues Trump Administration for Records on Treatment of Migrant Children During COVID-19 Pandemic

U.S. Customs and Border Protection may have mistreated migrant children when implementing the Centers for Disease Control and Prevention interim final rule that suspends people from entering the United States due to the COVID 19 pandemic.
  • FOIA Litigation

Lawsuit Demands Records on U.S. Immigration Enforcement’s Role in Protests Following the Killing of George Floyd

Given the agency’s history of civil and human rights abuses that have largely gone unchecked, and the possibility of continued deployments, there is an urgent need for further information about CBP’s participation in these law enforcement efforts.
  • FOIA Litigation

Council Sues Government to Compel Release of Records about ‘Remain in Mexico' Program

This Freedom of Information Act (FOIA) lawsuit seeks to uncover information about the Migration Protection Protocols (MPP)—also known as the "Remain in Mexico" program.
  • FOIA Litigation

After Filing Suit, Council Releases Records Describing ICE’s Response to the COVID-19 Pandemic

The American Immigration Council filed a lawsuit after Immigration and Customs Enforcement (ICE) failed to timely respond to the Council’s Freedom of Information Act (FOIA) request.

The...
  • FOIA Litigation

FOIA Lawsuit Presses for Records on How Appellate Immigration Judges Are Hired

A FOIA request seeking information about new hiring procedures for Board of Immigration Appeals judges was ignored by the government. The Council will now press for their release in court.
  • FOIA Litigation

FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process

This lawsuit seeks to uncover information about the government’s troubling new practice of employing U.S. Custom and Border Protection officers to screen asylum seekers.
  • FOIA Litigation

FOIA Lawsuit Demands Release of Information on the Institutional Hearing Program

This FOIA lawsuit sought information from the EOIR on the Institutional Hearing Program (IHP), which it runs jointly with ICE and the Bureau of Prisons (BOP).
  • FOIA Litigation

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays

This nationwide class action lawsuit challenges systemic delays in providing immigration files.
  • FOIA Litigation

Lawsuit Demands Response to FOIAs Seeking Data About Immigrant and Nonimmigrant Adjudications

With the data sought through the requests, the Council hopes to better understand USCIS’ adjudication of employment-based immigrant and nonimmigrant petitions and how the adjudication process has evolved over multiple years.
  • FOIA Litigation

FOIA Seeks Information Regarding CBP Responses to Complaints of Officer Abuse

This lawsuit seeks to compel U.S. Customs and Border Protection (CBP) to release records relating to CBP’s complaint process and actions taken in response to complaints made to CBP concerning its agents and officers since January 1, 2012.
  • FOIA Litigation

Uncovering the Government’s Internal Family Separation Policies, Guidance, and Data

This lawsuit seeks to compel government agencies to produce documents regarding family separation policies.
  • FOIA Litigation

Lawsuit Demands USCIS Comply with FOIA Requests regarding H-1B Adjudications

On behalf of the American Immigration Lawyers Association (AILA), the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) challenging U.S. Citizenship and...
  • FOIA Litigation

U.S. Customs and Border Protection’s Port of Entry Practices FOIA Lawsuit

In the year and a half since the FOIA request was filed, CBP largely failed to provide any records in response to the request. On June 11, 2018, the Council, represented by O’Melveny & Myers LLP, filed a lawsuit to compel DHS and CBP to comply with FOIA and to release additional records related to the 2016 request.
  • FOIA Litigation

FOIA Lawsuit Seeking Disclosure of the CBP Officer’s Reference Tool

The Council and its partners filed suit after CBP failed to respond to a 2013 FOIA After the case was filed, CBP disclosed only a handful of documents—primarily, indices of two ORT chapters without any substantive information—and then moved for summary judgment, claiming that it was not required to search for or produce any additional documents.
  • FOIA Litigation

FOIA Lawsuit on H-1B Lottery Policies and Procedures

On behalf of the American Immigration Lawyers Association (AILA), the Council, in cooperation with Hughes Socol Piers Resnick & Dym, Ltd., filed a lawsuit against USCIS and DHS seeking the...
  • FOIA Litigation

Class Action Lawsuit Challenging CBP Delays in Responding to FOIA Requests

In March 2015, the American Immigration Council, in collaboration with the Law Office of Stacy Tolchin, the Northwest Immigrant Rights Project, and the National Immigration Project of the National Lawyers Guild, filed a class action lawsuit against CBP over its nationwide pattern and practice of failing to timely respond to requests under the Freedom of Information Act (FOIA). The plaintiffs included both immigration attorneys and individuals, all of whom had FOIA requests pending for over 20 business days.
  • FOIA Litigation

FOIA Lawsuit on Use of Expedited Removal Against Families

On October 21, 2014, the American Immigration Council, the American Civil Liberties Union, and the National Immigration Project of the National Lawyers Guild, with co-counsel, the National Immigration Law Center and Jenner & Block LLP, filed a lawsuit under the Freedom of Information Act to compel the release of government documents regarding the use of the expedited removal process against families with children, including those detained by the Department of Homeland Security (DHS) in Artesia, New Mexico. The suit was filed in the federal district court for the Southern District of New York.

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