Filed Date: April 14, 2003
Closed Date: May 31, 2005
Clearinghouse coding complete
In 2003 a coalition of immigration rights organizations, represented by the ACLU Immigration Rights Project, brought suit against the U.S. Department of Justice (DOJ) to compel production of internal DOJ policy memorandum relating to state and local police agency authority to enforce the federal immigration laws. The suit was filed in the U.S. District Court for the Southern District of New York and brought pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552.
Until 2002, the DOJ's official position was that state and local police lacked inherent authority to enforce non-criminal immigration laws. That position changed in 2002 and was announced to the public in a press conference in June 2002 by then Attorney General John Ashcroft. During the press conference, the Attorney General referred to an unpublished DOJ Office of Legal Counsel Memorandum issued in April 2002. Plaintiffs sought production of the April 2002 OCL Memorandum and documents associated with it. The DOJ resisted disclosure and the litigation ensued.
The District Court (Judge Lewis A. Kaplan) granted the organizations' motion to compel disclosure of the April 2002 OCL Memorandum, with certain redactions, but denied disclosure of documents leading up to the formulation of that Memorandum. National Council of La Raza v. Department of Justice, 337 F.Supp.2d 524 (S.D.N.Y. 2004) and National Council, 345 F.Supp.2d 412 (S.D.N.Y. 2004).
The DOJ appealed and the Court of Appeals for the Second Circuit (Circuit Judge Katzmann) affirmed, overruling claims of deliberative process exemption and attorney-client privilege. National Council of La Raza v. Department of Justice, 411 F.3d 350 (2nd Cir. 2005) No further case activity is noted.
A redacted version of the April 2002 OCL Memorandum that was produced appears as part of our document collection for this case.
Summary Authors
Elizabeth Daligga (7/6/2012)
Baer, Harold (New York)
Campos, Sara (California)
Cassell, Michael David (New York)
Comey, James B. (New York)
Corwin, Neil M. (New York)
Last updated Dec. 19, 2024, 10:14 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 14, 2003
Closing Date: May 31, 2005
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Public interest immigration organizations
Plaintiff Type(s):
Attorney Organizations:
National Immigration Law Center
ACLU Immigrants' Rights Project
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Justice, Federal
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Constitutional Clause(s):
Federalism (including 10th Amendment)
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2004 - None
Issues
General/Misc.:
Immigration/Border: