Filed Date: April 12, 2017
Closed Date: Feb. 12, 2019
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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)
ACLU of Michigan v. U.S. Department of Homeland Security, Eastern District of Michigan (2017)
ACLU of Georgia v. U.S. Department of Homeland Security, Northern District of Georgia (2017)
ACLU of Oregon v. U.S. Department of Homeland Security, District of Oregon (2017)
ACLU of Washington v. U.S. Department of Homeland Security, Western District of Washington (2017)
ACLU of Arizona v. U.S. Department of Homeland Security, District of Arizona (2017)
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/
Barghaan, Dennis Carl (Texas)
Bergman, Jacob Max (Texas)
Berns, Matthew (District of Columbia)
Attorney, Noticing INS (Texas)
Bigelow, Jason M. (Texas)
Berns, Matthew (District of Columbia)
Hunt, Joseph H. (District of Columbia)
LA-CV, Assistant 2241-194 (Texas)
Powers, James R (District of Columbia)
Readler, Chad Andrew (District of Columbia)
Shapiro, Elizabeth J. (District of Columbia)
Shinners, Katherine J. (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/6067337/aclu-foundation-of-texas-inc-v-us-customs-and-border-protection/
Last updated April 15, 2024, 3:13 a.m.
State / Territory: Texas
Case Type(s):
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:
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
Facility Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Basis:
National origin discrimination
Affected National Origin/Ethnicity(s):
Immigration/Border: