Case: National Council of La Raza v. Department of Justice

1:03-cv-02559 | U.S. District Court for the Southern District of New York

Filed Date: April 14, 2003

Closed Date: May 31, 2005

Clearinghouse coding complete

Case Summary

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…

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 During the press conference, the Attorney General referred to an unpublished DOJ Office of Legal Counsel Memorandum issued in April 2002.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)

People


Judge(s)

Feinberg, Wilfred (New York)

Kaplan, Lewis A. (New York)

Katzmann, Robert A. (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Campos, Sara (California)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Judge(s)

Feinberg, Wilfred (New York)

Kaplan, Lewis A. (New York)

Katzmann, Robert A. (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Campos, Sara (California)

Dunn, Christopher (New York)

Eisenberg, Arthur (New York)

Gelernt, Lee (New York)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Lieberman, Donna (New York)

Wishnie, Michael J. (New York)

Attorneys(s) for Defendant

Comey, James B. (New York)

Corwin, Neil M. (New York)

Kelley, David N. (New York)

Letter, Douglas (District of Columbia)

Normand, Susan S. (New York)

Shapiro, Elizabeth J. (District of Columbia)

Solet, Irene M. (District of Columbia)

Expert/Monitor/Master

Katsas, Gregory George (District of Columbia)

Keisler, Peter D. (District of Columbia)

Norman, Sarah S. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

National Council of La Raza et al. v. Department of Justice

Nov. 15, 2005 Docket
1

Complaint

National Council of La Raza et al. v. Department of Justice

April 14, 2003 Complaint
24

Memorandum Opinion

National Council of La Raza et al. v. Department of Justice

337 F.Supp.2d 524

Sept. 24, 2004 Order/Opinion
30

Order

National Council of La Raza et al. v. Department of Justice

2004 WL 2283822

Oct. 12, 2004 Order/Opinion
37

Memorandum Opinion

National Council of La Raza et al. v. Department of Justice

345 F.Supp.2d 412

Nov. 22, 2004 Order/Opinion

Appellate Opinion

National Council of La Raza et al. v. Department of Justice

U. S. Court of Appeals for the Second Circuit

411 F.3d 350

May 31, 2005 Order/Opinion

OCL - Memorandum for the Attorney General

National Council of La Raza et al. v. Department of Justice

July 22, 2005 Pleading / Motion / Brief

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 470150. (gf) (Entered: 04/15/2003)

April 14, 2003
2

RULE 7.1 CERTIFICATE filed by National Council, NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm. . (gf) (Entered: 04/15/2003)

April 14, 2003

Magistrate Judge Frank Maas is so designated. (gf) (Entered: 04/15/2003)

April 14, 2003
4

AFFIDAVIT OF SERVICE of summons and complaint as to Dept. of Justice by certified mail on 4/14/03. Government Answer due on 6/13/03 for Dept. of Justice. (sb) (Entered: 04/21/2003)

April 16, 2003
5

AFFIDAVIT OF SERVICE of summons and complaint by Attorney General by certified mail on 4/14/03. (sb) (Entered: 04/21/2003)

April 16, 2003
6

SCHEDULING ORDER: Pretrial conference for 11:00 a.m. on 5/20/03. ( signed by Judge Lewis A. Kaplan ); (jco) (Entered: 04/24/2003)

April 23, 2003
7

AMENDED COMPLAINT by National Council, NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm. (Government Answer due on 5/9/03 for Dept. of Justice ) amending [1-1] complaint; Summons issued. (cd) (Entered: 05/01/2003)

April 29, 2003
8

ANSWER to Complaint by Dept. of Justice (Attorney Sarah S. Norman). (moc) (Entered: 05/16/2003)

May 14, 2003
10

Memorandum to Docket Clerk: Pretrial conference held and concluded on 6/2/03. (ph) (Entered: 06/17/2003)

June 2, 2003

PRETRIAL CONFERENCE held on 6/2/03 before Judge Lewis A. Kaplan. (ph) (Entered: 06/17/2003)

June 2, 2003
9

ORDER, the defendant shall move for summary judgment by 7/25/03. The plaintiff shall file an opposition brief by 8/25/03. The defendant shall file a repl brief by 9/8/03. Discovery in this case is stayed pending decision on the motion for summary judgment . ( signed by Judge Lewis A. Kaplan ); (kw) (Entered: 06/09/2003)

June 5, 2003
11

NOTICE OF MOTION by Dept. of Justice for an Order granting summary judgment in favor of defendant pursuant to FRCP 56 . Return Date not indicated. Statement pursuant to Local Civil Rule 56.1, declarations of Sarah S. Normand, Melanie A. Pustay, M. Edward Whelan, III attached. (yv) (Entered: 07/30/2003)

July 25, 2003
12

MEMORANDUM OF LAW by Dept. of Justice in support of [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56. Received in night deposit box on 7/25/03 at 5:59 p.m. (yv) (Entered: 07/30/2003)

July 25, 2003
13

Memo-Endorsement on letter addressed to Judge Kaplan from Sarah S. Normand, dated 8/20/03. counsel on behalf of all parties request a modification of the scheduling order such that plaintiffs' opposition papers will be due on or before 9/12/03 re: [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56 and, defendant's reply papers will be due on or before 10/3/03 re: [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56. Application granted . ( signed by Judge Lewis A. Kaplan ); (yv) (Entered: 08/26/2003)

Aug. 22, 2003
14

MEMORANDUM OF LAW by National Council, NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm. in opposition to [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56 . (sb) (Entered: 09/17/2003)

Sept. 12, 2003
15

DECLARATION of Omar C. Jadwat by National Council, NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm. in opposition to [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56. (sb) (Entered: 09/17/2003)

Sept. 12, 2003
16

REPLY MEMORANDUM by Dept. of Justice re: [11-1] motion for an Order granting summary judgment in favor of defendant pursuant to FRCP 56 . (cd) (Entered: 10/07/2003)

Oct. 3, 2003
17

DECLARATION of Sarah Normand by Dept. of Justice in support Re: [16-1] reply memorandum . (cd) (Entered: 10/07/2003)

Oct. 3, 2003
18

SUPPLEMENTAL DECLARATION of M. Edward Whelan III by Dept. of Justice in support Re: [16-1] reply memorandum . (cd) (Entered: 10/07/2003)

Oct. 3, 2003
19

SECOND DECLARATION of Melanie Ann Pustay by Dept. of Justice in support Re: [16-1] reply memorandum . (cd) (Entered: 10/07/2003)

Oct. 3, 2003
20

Memo-Endorsement on letter addressed to Judge Kaplan from Sasrah S. Normand, dated 10/1/03: Granting defendant USDOJ's request for leave to file it's reply memorandum of law in support of its motion for summary judgment of up to 15 pages . ( signed by Judge Lewis A. Kaplan ). (tp) (Entered: 10/08/2003)

Oct. 7, 2003
21

NOTICE OF MOTION by National Council, NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm. for leave to file a supplemental Declaration and Supplemental Memorandum of Law in further opposition to defendant's motion for summary judgment. Attached is Declaration in support. (djc) (Entered: 11/17/2003)

Nov. 12, 2003
22

MEMORANDUM OF LAW by NY Immigration, American Imm., National Imm., National Immigration, Nat'l Imm. Project, Massachusetts Imm., Dept. of Justice in support of [21-1] motion for leave to file a supplemental Declaration and Supplemental Memorandum of Law in further opposition to defendant's motion for summary judgment. Attached is Declaration in support. . (djc) (Entered: 11/17/2003)

Nov. 12, 2003
23

ORDER granting [21] Motion for Leave to File Document . (Signed by Judge Lewis A. Kaplan on 9/22/04) copies sent by chambers.(cd, ) (Entered: 09/27/2004)

Sept. 23, 2004
24

MEMORANDUM AND OPINION # 90689 re: [11] Motion for Summary Judgment filed by Department of Justice...The defendant's motion for summary judgment dismissing the complaint (docket item 11) is granted to the extent that the plaintiffs' first claim for relief is dismissed insofar as it relates to documents numbered 1 through 22 inclusive, 26 and 27. The motion for summary judgment is denied in all other respects. The defendant is directed to produce documents 23 through 25, on or before 10/12/04, for in camera inspection. Plaintiffs are entitled to summary judgment with respect to document 28, and the defendant is directed to produce that document on or before 10/12/04. (Signed by Judge Lewis A. Kaplan on 9/24/04) "copies mailed by chambers".(rag, ) (Entered: 09/28/2004)

Sept. 27, 2004

Transmission to Judgments and Orders Clerk. Transmitted re: [24] Memorandum & Opinion,,,, Terminate Motions,,,, to the Judgments and Orders Clerk for preparation of Judgment. (rag, ) (Entered: 09/28/2004)

Sept. 28, 2004
25

MOTION for an order granting reconsideration of the court's memorandum opinion dated 9/24/04, for a stay pending consideration of appeal. Document filed by Department of Justice. (dle, ) (Entered: 10/12/2004)

Oct. 7, 2004
26

MEMORANDUM OF LAW in Support re: [25] MOTION for Reconsideration.. Document filed by Department of Justice. (dle, ) (Entered: 10/12/2004)

Oct. 7, 2004
27

RESPONSE to Motion re: [25] MOTION for Reconsideration. Document filed by National Council of La Raza. (cd, ) (Entered: 10/14/2004)

Oct. 12, 2004
30

ORDER; that dft. Shall submit the OLC opinion to the court for in camera inspection no later than 10/14/04; The Dft's obligation to produce the document to the plaintiffs is stayed to and including 10/24/04 to permit further reconsideration of whether to appeal. The Court will indicate whether a further stay will be granted when it rules on the motion for reconsideration following in camera inspection. (Signed by Judge Lewis A. Kaplan on 10/12/04) (pl, ) (Entered: 10/16/2004)

Oct. 13, 2004
28

MEMORANDUM OPINION # 90779. defendant's motion for reconsideration is granted to the extent indicated in this Memorandum Opinion. On reconsideration, the Court adheres to its original decision in all respects save that: 1. Defendant shall produce to plaintiffs, on or before 10/19/04, the portions of documents 23 and 24 that the Dept. previously had marked as exempt, and those portions of document 28 marked "disclose" on copies of that document that will be furnished to counsel for the defendant and filed under seal. 2. Defendant's motion for summary judgment dismissing the complaint is granted also insofar as plaintiffs seek production of document 25. 3. Defendant's motion for a stay is granted to the extent that defendant's obligation to produce document 28, as redacted, is stayed until 4:30 p.m. on 10/24/04. The unredacted copies of documents 23-25 will be filed under seal. (Signed by Judge Lewis A. Kaplan on 10/14/04) (ae, ) (Entered: 10/14/2004)

Oct. 14, 2004
29

MEMORANDUM OPINION (Corrected) # 90689. The defendant's motion for summary judgment dismissing the complaint [docket item 11] is granted to the extent that the plaintiffs' first claim for relief is dismissed insofar as it relates to documents numbered 1 through 22 inclusive, 26 and 27. The motion for summary judgment is denied in all other respects. The defendant is directed to produce documents 23 through 25, on or before 10/12/04, for in camera inspection. Plaintiffs are entitled to summary judgment w/ respect to document 28, and the defendant is directed to produce that document on or before 10/12/04. (Signed by Judge Lewis A. Kaplan on 10/14/04) (ae, ) (Entered: 10/14/2004)

Oct. 14, 2004
32

NOTICE OF INTERLOCUTORY APPEAL from [29] Memorandum & Opinion,,. Document filed by Department of Justice. Copies of Notice of Interlocutory Appeal mailed to Attorney(s) of Record: OMAR C. JADWAT. (USA NO FILING FEE DUE)(pr, ) (Entered: 10/22/2004)

Oct. 21, 2004

Transmission of Notice of Appeal to the District Judge re: [32] Notice of Interlocutory Appeal. (pr, ) (Entered: 10/22/2004)

Oct. 21, 2004

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [32] Notice of Interlocutory Appeal. (pr, ) (Entered: 10/22/2004)

Oct. 21, 2004

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: [32] Notice of Interlocutory Appeal. (pr, ) (Entered: 10/22/2004)

Oct. 21, 2004
33

ORDER of USCA (Certified Copy) USCA Case Number 04- 5474-cv. Motion for partial stay of district court disclosure, order pending consideration of appeal & expedited briefing schedule & argument. ORDERED that a temporary stay is GRANTED pending submission of the motion for a stay to a panel of the court at 10 am Tuesday 11/2/04. MACKECHNIE, Clerk USCA. Certified: 10/26/04. (pr, ) (Entered: 11/05/2004)

Nov. 5, 2004

Appeal Remark as to [32] Notice of Interlocutory Appeal filed by Department of Justice USCA Case Number 04-5474-cv: Copy sent to Judge. (pr, ) (Entered: 11/05/2004)

Nov. 5, 2004
34

LETTER addressed to Judge Lewis A. Kaplan from Omar C.Jadwat dated 11/18/04 re: Plaintiffs letter in brief response to defendant's contention that its filing of an interlocutory notice of appeal deprives this Court of jurisdiction to consider plaintiffs' 11/15/04 request. Document filed by American Immigration Lawyers Association, Massachusetts Immigrant and Refugee Advocacy Coalition, National Council of La Raza, National Immigration Forum, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition.(sac, ) (Entered: 11/23/2004)

Nov. 18, 2004
35

LETTER addressed to Judge Lewis A. Kaplan from Omar C. Jadwat dated 11/15/04 re: Plaintiffs request that the Court require defendant to describe briefly the portion of the 2002 OLC opinion that the 10/14/04 opinion of this Court permits the government to redact. Document filed by American Immigration Lawyers Association, Massachusetts Immigrant and Refugee Advocacy Coalition, National Council of La Raza, National Immigration Forum, National Immigration Law Center, National Immigration Project of the National Lawyers Guild, New York Immigration Coalition.(sac, ) (Entered: 11/23/2004)

Nov. 18, 2004
36

LETTER addressed to Judge Lewis A. Kaplan from Sarah S. Normand dated 11/17/04 re: defendant United States Department of Justice in opposition to plaintiff's letter application dated 11/15/04. Document filed by Department of Justice.(sac, ) (Entered: 11/23/2004)

Nov. 18, 2004
37

MEMORANDUM OPINION #90912; re: plaintiffs' application is granted. The defendant shall supplement its Vaughn index with respect to the 2002 OLC memorandum as indicated above no later than 12/3/04. (Signed by Judge Lewis A. Kaplan on 11/22/04) Copies Mailed By Chambers.(sac, ) (Entered: 11/24/2004)

Nov. 23, 2004
38

USCA SCHEDULING ORDER as to [32] Notice of Interlocutory Appeal filed by Department of Justice USCA Case Number 04-5474-cv. Roseann B. MacKechnie, Clerk USCA. Appeal Record due by 12/27/2004. Appellant Brief due by 1/3/2005. Appellee Brief due by 2/2/2005. (dt, ) (Entered: 12/09/2004)

Dec. 9, 2004
39

Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for [32] Notice of Interlocutory Appeal filed by Department of Justice USCA Case Number 04- 5474, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp, ) (Entered: 12/22/2004)

Dec. 22, 2004
40

MANDATE of USCA (Certified Copy) as to [32] Notice of Interlocutory Appeal filed by Department of Justice, USCA Case Number 04-5474-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 7/22/2005. (nd, ) (Entered: 08/01/2005)

July 29, 2005
41

ENDORSED LETTER addressed to Judge Lewis A. Kaplan from Omar C. Jadwat dated 8/19/05 re: Plaintiffs seeks an extension with the consent of the government so that the parties may attempt to resolve all issues relating to costs and attorneys' fees without the need for further litigation or other involvement of the Court. ENDORSEMENT: granted (Signed by Judge Lewis A. Kaplan on Lewis A. Kaplan) (js, ) (Entered: 08/26/2005)

Aug. 23, 2005
42

ENDORSED LETTER: addressed to Judge Lewis A. Kaplan from Omar C. Jadwat dated 10/4/05 re: The parties now jointly request that the Court further extend that time up to and including 11/7/05 so that they may continue to discuss a resolution of these issues. ENDORSEMENT: GRANTED no further extensions. (Signed by Judge Lewis A. Kaplan on 10/5/05) (js, ) (Entered: 10/06/2005)

Oct. 5, 2005
43

STIPULATION AND ORDER OF DISMISSAL; defendant has fully complied with the 9/24/04 and 10/14/04 opinions of this Court and the 5/31/05 opinion of the Court of Appeals. Plaintiffs agree to accept release of the 2002 OLC Opinion and the E-mail documents in full settlement and satisfaction of any and all claims and demands. The United States shall pay to the "American Civil Liberties Union Foundation-Immigrants' Rights Project" the sum of $103,500.00 in full settlement of any and all claims. This action is hereby dismissed with prejudice, subject to the payment of attorney's fees as required in paragraph 4. (Signed by Judge Lewis A. Kaplan on 11/8/05) (kco, ) (Entered: 11/15/2005)

Nov. 14, 2005

Transmission to Judgments and Orders Clerk. Transmitted re: [43] Stipulation and Order of Dismissal to the Judgments and Orders Clerk. (kco, ) (Entered: 11/15/2005)

Nov. 15, 2005

State / Territory: New York

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

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:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2004 - None

Issues

General:

Records Disclosure

Immigration/Border:

Undocumented immigrants - state and local regulation