Case: ACLU Foundation of Texas v. U.S. Customs and Border Protection

4:17-cv-01128 | U.S. District Court for the Southern District of Texas

Filed Date: April 12, 2017

Closed Date: Feb. 12, 2019

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLU Foundation of Texas filed this suit under the Freedom of Information Act (FOIA) (5 U.S.C. § 552). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) that banned admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning CBP’s local implementation of Presid…

On April 12, 2017, the ACLU Foundation of Texas filed this suit under the Freedom of Information Act (FOIA) (5 U.S.C. § 552). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) that banned admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen.

Specifically, plaintiffs sought information "concerning CBP’s local implementation of President Trump’s January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding the Executive Order," including President Trump’s March 6, 2017 Executive Order. The request concerned implementation at international airports within the purview of CBP's Houston Field Office, including Dallas/Fort Worth International Airport and Bush Intercontinental Airport. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the EO.

In the complaint, the plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Vanessa D. Gilmore.

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion, see this case. The ACLU filed their opposition to the motion to transfer May 30, arguing that "[g]ranting consolidation and transfer would promote forum-shopping and delay, not justice." On Jun. 26, the court ordered proceedings stayed pending the decision by the Judicial Panel on Multidistrict Litigation on the government's transfer motion. On Aug. 3, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's consolidation motion. In its order, the Panel found that although the thirteen FOIA cases share "a limited number of factual issues," these issues "appear relatively straightforward and unlikely to entail extensive pretrial proceedings."

The parties filed a joint status report on Jan. 8, 2018 indicating that the government had produced a batch of responsive records, that its search for additional records was ongoing, and that it would make future productions on a rolling basis. Production continued throughout 2018 and was completed around the end of that year.

The plaintiffs stipulated to dismissal on February 1, 2019, and the court officially dismissed the case on February 12, 2019.

Summary Authors

Virginia Weeks (5/2/2017)

Virginia Weeks (2/12/2018)

Jamie Kessler (8/21/2017)

Alex Moody (5/26/2020)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6067337/parties/aclu-foundation-of-texas-inc-v-us-customs-and-border-protection/


Judge(s)

Gilmore, Vanessa D. (Texas)

Attorneys(s) for Plaintiff

Cohn, Kali Alanna (Texas)

Saldivar, Edgar (Texas)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Bobb, Andrew A. (Texas)

Hunt, Joseph H. (District of Columbia)

Martinez, Abe (Texas)

Patrick, Ryan K. (Texas)

Powers, James R (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Judge(s)

Gilmore, Vanessa D. (Texas)

Attorneys(s) for Plaintiff

Cohn, Kali Alanna (Texas)

Saldivar, Edgar (Texas)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Bobb, Andrew A. (Texas)

Hunt, Joseph H. (District of Columbia)

Martinez, Abe (Texas)

Patrick, Ryan K. (Texas)

Powers, James R (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

4:17-cv-01128

Docket [PACER]

Feb. 12, 2019

Feb. 12, 2019

Docket
1

4:17-cv-01128

Plaintiff ACLU Foundation of Texas, Inc.'s Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552

April 12, 2017

April 12, 2017

Complaint
32

4:17-cv-01128

Joint Status Report

ACLU Foundation of Texas v. US Department of Homeland Security

Dec. 14, 2018

Dec. 14, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6067337/aclu-foundation-of-texas-inc-v-us-customs-and-border-protection/

Last updated May 30, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-18210188) filed by ACLU Foundation of Texas, Inc.. (Attachments: # 1 Complaint, # 2 Exhibit)(Saldivar, Edgar) (Entered: 04/12/2017)

1 Complaint

View on RECAP

2 Exhibit

View on PACER

April 12, 2017

April 12, 2017

PACER
2

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 9/1/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) Parties notified.(LinhthuDoadi, ) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
3

NOTICE of Related Cases by ACLU Foundation of Texas, Inc., filed. (Saldivar, Edgar) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER
4

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation)(Saldivar, Edgar) (Entered: 04/26/2017)

1 Continuation

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2 Continuation

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3 Continuation

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April 26, 2017

April 26, 2017

PACER
5

CERTIFICATE OF INTERESTED PARTIES by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER

Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security. Issued summons delivered to plaintiff by First-class mail, filed.(jdav, 4)

May 2, 2017

May 2, 2017

PACER
6

NOTICE of motion filed with the United States Judicial Panel on MultiDistrict Litigation to Transfer this Action Pursuant to 28 USC 1407 by U.S. Department of Homeland Security, filed. (Attachments: # 1 Exhibit index of exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Bobb, Andrew) (Entered: 05/08/2017)

1 Exhibit index of exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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May 8, 2017

May 8, 2017

PACER
7

Letter re: Defendant's Transfer Motion, filed. (agarcia, 7) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
8

RETURN of Service of SUMMONS Executed as to U.S. Customs and Border Protection served on 5/11/2017, answer due 7/10/2017, filed.(Saldivar, Edgar) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
9

RETURN of Service of SUMMONS Executed as to U.S. Department of Homeland Security served on 5/11/2017, answer due 7/10/2017, filed.(Saldivar, Edgar) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
10

Unopposed MOTION for Extension of Time Respond to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 6/15/2017. (Attachments: # 1 Proposed Order)(Bobb, Andrew) (Entered: 05/25/2017)

1 Proposed Order

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May 25, 2017

May 25, 2017

PACER
11

ORDER granting 10 Motion for Extension of Time to Respond to Complaint; Answer due for U.S. Customs and Border Protection 7/27/2017; U.S. Department of Homeland Security 7/27/2017. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
12

NOTICE OF MEMORANDUM OF PLAINTIFFS, 42 AMERICAN CIVIL LIBERTIES UNION AFFILIATES, IN OPPOSITION TO DEFENDANTS MOTION FOR TRANSFER TO THE DISTRICT OF COLUMBIA FOR CONSOLIDATION re: 6 Notice (Other), by ACLU Foundation of Texas, Inc., filed. (Attachments: # 1 Exhibit)(Saldivar, Edgar) (Entered: 05/30/2017)

1 Exhibit

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May 30, 2017

May 30, 2017

PACER
13

COPIES OF DOCUMENTS FILED IN THE MDL CASE, filed.(SandraSilva, 7) (Entered: 06/01/2017)

May 31, 2017

May 31, 2017

PACER
14

Copies of Documents Filed in the MDL Case, filed.(MonicaBalboa, ) (Additional attachment(s) added on 6/2/2017: # 1 Attachment) (MonicaBalboa, ). (Entered: 06/02/2017)

1 Attachment

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June 2, 2017

June 2, 2017

PACER
15

NOTICE Reply Notice in Support of Defendants' Motion for Transfer of Action Pursuant to 18 USC 1407 by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Attachments: # 1 Exhibit Reply in Support of Defendants' Motion for Transfer of Actions Pursuant to 28 USC 1407)(Bobb, Andrew) (Entered: 06/06/2017)

1 Exhibit Reply in Support of Defendants' Motion for Transfer of Actions Purs

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June 6, 2017

June 6, 2017

PACER
16

Unopposed MOTION to Stay Proceedings by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 7/14/2017. (Attachments: # 1 Proposed Order)(Hu, Daniel) (Entered: 06/23/2017)

1 Proposed Order

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June 23, 2017

June 23, 2017

PACER
17

ORDER granting 16 Motion to Stay Proceedings Pending Decision by Judicial Panel on Multidistrict Litigation on Defendant's Motion to Transfer. In the event that the Judicial Panel on Multidistrict Litigation denies the motion to transfer, Defendants shall file their responsive pleading no later than 14 days after the date of the denial. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
18

NOTICE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION ORDER DENYING TRANSFER by ACLU Foundation of Texas, Inc., filed. (Saldivar, Edgar) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
19

ANSWER to 1 Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed.(Bobb, Andrew) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
20

Agreed MOTION for Continuance of Initial Pretrial & Scheduling Conference by ACLU Foundation of Texas, Inc., filed. Motion Docket Date 9/7/2017. (Saldivar, Edgar) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
21

NOTICE of Appearance by James R. Powers on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Powers, James) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
22

Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
23

ORDER granting 20 Agreed MOTION for Continuance of Initial Pretrial & Scheduling Conference. (Scheduling Conference reset for 9/15/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore) (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
24

JOINT DISCOVERY/CASE MANAGEMENT PLAN by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

RECAP
25

NOTICE of Resetting. Parties notified. Scheduling Conference set for 10/20/2017 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER

Minute Entry for proceedings held before Judge Vanessa D Gilmore. SCHEDULING CONFERENCE held on 10/20/2017. A Status Report is due by 1/8/2018. Scheduling Order entered. Order to follow.. Appearances: Edgar Saldivar, Kali Cohen, James Powers.(Court Reporter: Mayra Malone), filed.(bthomas, 4)

Oct. 20, 2017

Oct. 20, 2017

PACER
26

ORDER FOR STATUS REPORT. Status Report due by 1/8/2018(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
27

SCHEDULING ORDER. Plaintiff to send Requests for Production and Interrogatories regarding search terms by 11/3/2017; Responses due by 12/4/2017; Status Report due by 1/8/2018. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
28

AO 435 TRANSCRIPT REQUEST by James R. Powers for Transcript of Scheduling Conference on 10/20/17 before Judge Gilmore. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Powers, James) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
29

TRANSCRIPT re: Initial Conference held on October 20, 2017 before Judge Vanessa D Gilmore. Court Reporter/Transcriber Mayra Malone. Ordering Party James R. Powers Release of Transcript Restriction set for 2/15/2018., filed. (mmalone, ) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
30

Notice of Filing of Official Transcript as to 29 Transcript. Party notified, filed. (hcarr, 4) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
31

STATUS REPORT by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
32

STATUS REPORT by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

RECAP
33

Unopposed MOTION to Stay by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. Motion Docket Date 2/13/2019. (Attachments: # 1 Proposed Order)(Powers, James) (Entered: 01/23/2019)

1 Proposed Order

View on PACER

Jan. 23, 2019

Jan. 23, 2019

PACER
34

ORDER granting 33 Motion to Stay in Light of Lapse of Appropriations. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
35

NOTICE of Restoration of Appropriations re: 34 Order on Motion to Stay by U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed. (Powers, James) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
36

STIPULATION of Dismissal by ACLU Foundation of Texas, Inc., filed.(Saldivar, Edgar) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
37

ORDER OF DISMISSAL granting 36 Stipulation of Dismissal. Case terminated on 2/12/2019. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER

Case Details

State / Territory: Texas

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 12, 2017

Closing Date: Feb. 12, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU Foundation of Texas

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Litigation

Issues

General:

Racial profiling

Record-keeping

Records Disclosure

Religious programs / policies

Discrimination-basis:

Immigration status

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Detention - conditions

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern