Filed Date: Oct. 21, 2014
Closed Date: 2017
Clearinghouse coding complete
On October 21, 2014, the American Immigration Council, National Immigration Project of the National Lawyers Guild, and American Civil Liberties Union filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the U.S. Department of Homeland Security (“DHS”) under the Freedom of Information Act (“FOIA”). The plaintiffs, represented by private counsel, the National Immigration Law Center, the American Immigration Council, the National Immigration Project/NLG and the ACLU Foundation Immigrants’ Rights Project sought injunctive and declaratory relief as well as reasonable attorney’s fees and costs. The plaintiffs claimed that the defendants failed to disclose documents regarding information and practices in an Artesia, New Mexico immigration detention center. Specifically, the defendants failed to disclose information concerning the expedited removal of families Artesia after 2014.
There had been growing concern about the policies, procedures and practices related to the implementation of the expedited removal process in Artesia, sparking major concern from the media and the public. The facility in Artesia held women and minor children who had fled Central America, seeking refuge in the United States. Many of these migrants fled persecution and extreme danger in their home countries, and sought asylum in the U.S. However, some of these families have since been deported back to the countries from which they had fled, raising concern about the removal process. The plaintiffs sought to examine the extent to which these women and children had valid claims of asylum and if these families were receiving the process required by law. In order to understand this process, the plaintiffs submitted FOIA requests to each of the defendants for any agency records that the defendants prepared, received, transmitted, collected or maintained that concerned the policies, procedures and guidelines with respect to the Immigration and Nationality Act as well as a request for expedited processing. However, none of the defendants had made any determination as to whether they would comply with the plaintiffs’ request for the documents. The defendants also denied the plaintiffs request for expedited processing, even though the plaintiffs claimed that these documents were necessary to educate the public about time critical government activities.
On February 3, 2015, Judge Lorna G. Schofield ordered that the parties submitted to the Court a proposed schedule for the production of documents responsive to the plaintiffs' request. On February 13, 2015, the parties agreed on the number of pages each defendant should produce and review per month, until all responsive documents were gathered.
The parties settled on June 6, 2017. The defendants agreed to pay different amounts of money to the Plaintiffs, as the following: (i) $16,800 should be paid by the US Immigration and Customs Enforcement; (ii) $21,600 should be paid by the US Citizenship and Immigration Services; and (iii) $9,600 should be paid by the Office for Civil Rights and Civil Liberties. The parties provided that the settlement agreement did not constitute an admission by the US or its agencies, including defendants, that plaintiffs or their counsels were entitled to fees and costs. The settlement agreement also provided that the Court should retain jurisdiction over any issue that may arise relating to it.
The case is now closed.
Summary Authors
Matt Ramirez (5/31/2016)
Daniele de Oliveira Nunes (10/12/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4354328/parties/american-immigration-council-v-united-states-department-of-homeland/
Archerd, Erin (New York)
Abdo, Alexander Abraham (New York)
Abdo, Alex (New York)
Amezquita, Hope Renee (New York)
Amiri, Brigitte (New York)
Abdo, Alexander Abraham (New York)
Amezquita, Hope Renee (New York)
Arterburn, Jennifer (New York)
Atkinson, Theodore W (New York)
Attorney, Noticing INS (New York)
Attorney, OIL-DCS Trial (New York)
AUSA, Erica Benites (New York)
Bamberger, Michael A. (New York)
Bannon, Alicia Lorraine (New York)
Barghaan, Dennis Carl (New York)
Batsides, Demetrios Christos (New York)
Bauer, Jeffrey Michael (New York)
Beckenhauer, Eric B (New York)
Bennett, Richard Wesley (New York)
Bentley, Elizabeth G. (New York)
Bettwy, Samuel William (New York)
Bingham, Lauren Crowell (New York)
Blain, Jennifer Ellen (New York)
Bloch-Wehba, Hannah (New York)
Block, Joshua Abraham (New York)
Braunstein, Joshua E (New York)
Bressler, Steven Y. (New York)
Bricker, Matthew J. (New York)
Brock, Chad Michael (New York)
Buckingham, Stephen J. (New York)
Byars, Michael James (New York)
Cagle, Matthew Thomas (New York)
Castelli, Thomas H. (New York)
Chaudhury, Arastu Kabeer (New York)
Church, Rebecca Grace (New York)
Clark, Melanca Durham (New York)
Clarke, Chieko Maria (New York)
Colangelo-Bryan, Joshua Nicholas (New York)
Coll-Very, Alexis Susan (New York)
Condon, Jennifer Brooke (New York)
Crump, Catherine Newby (New York)
Daeubler, Kirsten L (New York)
Darrow, Joseph Anton (New York)
Defoe, Craig Andrew (New York)
Diakun, Anna Natalia (New York)
Dolinger, Samuel Hilliard (New York)
Dunn, Christopher T (New York)
Dupre, Brock Darren (New York)
Eisenberg, Arthur Nelson (New York)
Freeborne, Paul Gerald (New York)
Goldsmith, Aaron S. (New York)
Gorski, Ashley Marie (New York)
Habeas, US Attorney (New York)
Haddad, Richard Inad (New York)
Hafetz, Jonathan L. (New York)
Halaska, Alexander James (New York)
Hauss, Brian Matthew (New York)
Hearn, Marcellene Elizabeth (New York)
Henson-DOJ, Angie L (New York)
Hofmann, Marcia Clare (New York)
Hogan, Alexander James (New York)
Hollis, Christopher W (New York)
Jafek, Timothy Bart (New York)
Johnson, Kristin Berger (New York)
Kabrawala, Ameet B. (New York)
Kelly, Genevieve M. (New York)
Kolbi-Molinas, Alexa Rebecca (New York)
Kuehler, Natalie Nancy (New York)
LA-CV, Assistant 2241-194 (New York)
Lambert, Marissa Paige (New York)
Lewis, Megan Elizabeth (New York)
Llewellyn, Nicholas P. (New York)
London, Ronald Gary (New York)
Lustberg, Lawrence S. (New York)
Manes, Jonathan Matthew (New York)
Mantoan, Kathryn Grzenczyk (New York)
Marshall, Randall C. (New York)
Marutollo, Joseph Anthony (New York)
Mathews, Patrick Casey (New York)
Mehta, Leslie Chambers (New York)
Navarro, Heather B. (New York)
Nemeroff, Patrick George (New York)
North, Noticing 2254 (New York)
Opsahl, Kurt Bradford (New York)
Oswald, Craig Arthur (New York)
PHV, Elliot Tarloff (New York)
PHV, Lindsay Harrison (New York)
Robinson, Stuart Justin (New York)
Rocah, David Robert (New York)
Rothert, Anthony E. (New York)
Ruzicka, Eric Andrew (New York)
Schwartztol, Laurence Michael (New York)
Sheffield, Carlton Frederick (New York)
Shinners, Katherine J (New York)
Singh, Rukhsanah L. (New York)
Sneed, Sekret Tamara (New York)
Spurlock, Matthew Douglas (New York)
Steinberg, Michael J. (New York)
Stevens, Elizabeth J. (New York)
Sun, Christine Patricia (New York)
Sweren-Becker, Eliza (New York)
Swinton, Nathan Michael (New York)
Theis, John Kenneth (New York)
Toomey, Patrick Christopher (New York)
Tyler, John Russell (New York)
Ulrich, Tamara Lynn (New York)
Union, American Civil (New York)
Walker, James Joseph (New York)
Wall, Sheetul Sheth (New York)
Ward, Brian Christopher (New York)
Waterman, Brandon Matthew (New York)
Watson, Elizabeth K (New York)
Weaver, Heather Lynn (New York)
Weinbeck, Michael P (New York)
Wessler, Nathan Freed (New York)
Westmoreland, Rachael (New York)
Westwater, Gisela A (New York)
Williams, Angela Givens (New York)
Wishnie, Michael J. (New York)
Young, Danielle Wolfson (New York)
See docket on RECAP: https://www.courtlistener.com/docket/4354328/american-immigration-council-v-united-states-department-of-homeland/
Last updated Sept. 21, 2025, 5:04 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Multi-LexSum (in sample)
Key Dates
Filing Date: Oct. 21, 2014
Closing Date: 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The American Immigration Council, the National Immigration Project of the National Lawyers Guild, and the American Civil Liberties Union on the behalf of women and minor children in a New Mexico detention center.
Plaintiff Type(s):
Non-profit NON-religious organization
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
United States Department of Homeland Security, Federal
Office for Civil Rights and Civil Liberties, Federal
U.S. Immigration and Customs Enforcement, Federal
U.S. Citizenship and Immigration Services, Federal
U.S. Customs and Border Protection, Federal
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: 48,000
Issues
General/Misc.:
Access to lawyers or judicial system
Discrimination Basis:
Affected National Origin/Ethnicity(s):
Affected Sex/Gender(s):
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: