Case: Democracy Forward Foundation v. U.S. Department of Homeland Security

1:18-cv-00375 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 20, 2018

Case Ongoing

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Case Summary

On Feb. 20, 2018, the Democracy Forward Foundation filed this lawsuit against the U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA). Represented by its own counsel, the plaintiff filed this lawsuit in the U.S. District Court for the District of Columbia.According to the complaint, the plaintiff is a nonprofit organization that "works to promote transparency and accountability in government, in part, by educating the public on government actions and policies.…

According to the complaint, the plaintiff is a nonprofit organization that "works to promote transparency and accountability in government, in part, by educating the public on government actions and policies." The plaintiff stated that the Trump administration sought to expand the detention of undocumented immigrants with Executive Order 13767 -- a practice which would increase reliance on private detention facilities. However, these facilities had long faced criticism for health and safety hazards resulting in deaths, sexual abuse, and other injuries. Further, the private detention industry significantly supported Trump's campaign and business enterprises, raising questions as to the extent of these contributions in the administration's use of private detention. The plaintiff thus sought information on DHS's relationship with private detention corporations.

The plaintiff stated that it had submitted a FOIA request to DHS on May 18, 2017, seeking the following records created since Trump's inauguration on Jan. 20, 2017:

1. Records relating to the procurement of services for the planning, construction, operation, or maintenance of private detention or immigration-detention centers and/or facilities, or by private detention center and/or facility companies;

2. New contracts or new amendments to contracts related to services rendered for private detention centers and/or facilities, or by private detention center and/or facility companies; and

3. Records containing certain relevant keywords, that were sent or received by specific DHS employees.

The complaint further alleged that, to date, the plaintiff had not received a substantive response from DHS, and that the plaintiff had constructively exhausted all required administrative remedies. The plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On Feb. 20, this case was assigned to Judge Rudolph Contreras. Per a joint status report filed on May 15, 2018, the government completed the requested searches and was to process 500 pages per month. Beginning in June, the government was to produce any responsive records on a monthly basis. Subsequent status reports indicated the production was ongoing.

The joint status report dated March 21, 2019 indicated that the defendants had completed their response to the plaintiff’s request, but that the plaintiffs had asked the defendant for “additional information regarding the searches that each agency component performed, as well as a Vaughn index for Defendant’s withholdings under FOIA Exemption 5, 5 U.S.C. § 552(b)(5)."

According to a status report dated May 17, 2019, the defendant provided the plaintiff with descriptions of its searches performed by DHS Headquarters, U.S. Immigration and Customs Enforcement (“ICE”), and U.S. Customs and Border Protection on May 3. ICE also completed a supplemental search, as reported on July 15. A year of status reports followed, during which ICE reported that it had reviewed non-exempt responsive records on a monthly basis, at a rate of 500 pages per month, with some pages redacted as per FOIA exemptions.

The case remains ongoing with the next status report due June 16, 2020.

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Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (10/24/2018)

Averyn Lee (6/3/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6310482/parties/democracy-forward-foundation-v-department-of-homeland-security/

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Grogg, Adam Anderson (District of Columbia)

Guzman, Javier M (District of Columbia)

Attorney for Defendant

Cirino, Paul (District of Columbia)

Kolsky, Joshua (District of Columbia)

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Grogg, Adam Anderson (District of Columbia)

Guzman, Javier M (District of Columbia)

Seel, Benjamin (District of Columbia)

Attorney for Defendant

Cirino, Paul (District of Columbia)

Kolsky, Joshua (District of Columbia)

Liu, Jessie K. (District of Columbia)

Shea, Timothy J (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-00375	Docket [PACER] Democracy Forward Foundation v. Department of Homeland Security	April 17, 2020	April 17, 2020 Docket
1 1:18-cv-00375	Complaint Democracy Forward Foundation v. Department of Homeland Security	Feb. 20, 2018	Feb. 20, 2018 Complaint
8 1:18-cv-00375	Joint Status Report Democracy Forward Foundation v. Department of Homeland Security	April 26, 2018	April 26, 2018 Pleading / Motion / Brief
16 1:18-cv-00375	Joint Status Report	March 21, 2019	March 21, 2019 Pleading / Motion / Brief
17 1:18-cv-00375	Joint Status Report	April 4, 2019	April 4, 2019 Pleading / Motion / Brief
21 1:18-cv-00375	Joint Status Report	July 15, 2019	July 15, 2019 Pleading / Motion / Brief
27 1:18-cv-00375	Joint Status Report	March 16, 2020	March 16, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6310482/democracy-forward-foundation-v-department-of-homeland-security/

Last updated April 9, 2025, 10:11 a.m.

ECF Number	Description	Date	Link Date / Link
	Case Assigned to Judge Rudolph Contreras. (jd) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-5338164) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Guzman, Javier) (Entered: 02/20/2018) 1 Exhibit View on PACER 2 Civil Cover Sheet View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	Feb. 20, 2018	Feb. 20, 2018 Clearinghouse
2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018
	Case Assigned to Judge Rudolph Contreras. (jd)	Feb. 20, 2018	Feb. 20, 2018
3	SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 02/20/2018)	Feb. 20, 2018	Feb. 20, 2018
4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 2/22/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/23/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/23/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/25/2018.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018
5	NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Kolsky, Joshua) (Entered: 03/26/2018)	March 26, 2018	March 26, 2018
6	ANSWER to 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Kolsky, Joshua) Modified to add link on 3/27/2018 (znmw). (Entered: 03/26/2018)	March 26, 2018	March 26, 2018
	MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before April 11, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 3/28/2018. (lcrc3) (Entered: 03/28/2018)	March 28, 2018	March 28, 2018
	MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before April 11, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 3/28/2018. (lcrc3)	March 28, 2018	March 28, 2018
7	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018
	MINUTE ORDER: Upon consideration of 7 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on April 27, 2018 describing the status of Defendant's searches. SO ORDERED. Signed by Judge Rudolph Contreras on 4/12/2018. (lcrc3) (Entered: 04/12/2018)	April 12, 2018	April 12, 2018
	MINUTE ORDER: Upon consideration of 7 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on April 27, 2018 describing the status of Defendant's searches. SO ORDERED. Signed by Judge Rudolph Contreras on 4/12/2018. (lcrc3)	April 12, 2018	April 12, 2018
	Set/Reset Deadlines: Status Report due by 4/27/2018 (tj) (Entered: 04/13/2018)	April 13, 2018	April 13, 2018
	Set/Reset Deadlines: Status Report due by 4/27/2018 (tj)	April 13, 2018	April 13, 2018
8	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 Clearinghouse
9	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 05/15/2018)	May 15, 2018	May 15, 2018
	MINUTE ORDER: Upon consideration of the 9 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on June 25, 2018, and every 60 days thereafter until the government's production is complete. It is FURTHER ORDERED that the parties shall submit a proposed briefing schedule within 30 days after the government's final production. SO ORDERED. Signed by Judge Rudolph Contreras on May 16, 2018. (lcrc3) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018
	MINUTE ORDER: Upon consideration of the 9 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on June 25, 2018, and every 60 days thereafter until the government's production is complete. It is FURTHER ORDERED that the parties shall submit a proposed briefing schedule within 30 days after the government's final production. SO ORDERED. Signed by Judge Rudolph Contreras on May 16, 2018. (lcrc3)	May 16, 2018	May 16, 2018
	Set/Reset Deadlines: Status Report due by 6/25/2018. (tj) (Entered: 05/22/2018)	May 22, 2018	May 22, 2018
	Set/Reset Deadlines: Status Report due by 6/25/2018. (tj)	May 22, 2018	May 22, 2018
10	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018
11	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 08/24/2018)	Aug. 24, 2018	Aug. 24, 2018
12	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 10/23/2018)	Oct. 23, 2018	Oct. 23, 2018
13	NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/17/2018)	Dec. 17, 2018	Dec. 17, 2018
14	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 12/24/2018)	Dec. 24, 2018	Dec. 24, 2018
15	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 02/22/2019)	Feb. 22, 2019	Feb. 22, 2019
	MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 21, 2019. (lcrc3). Modified on 3/21/2019. (lcrc3) (Entered: 03/21/2019)	March 21, 2019	March 21, 2019
16	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 03/21/2019)	March 21, 2019	March 21, 2019 Clearinghouse
	.Order	March 21, 2019	March 21, 2019
	MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 21, 2019. (lcrc3). Modified on 3/21/2019. (lcrc3)	March 21, 2019	March 21, 2019
	Set/Reset Deadlines: Status Report due by 4/4/2019 (tj) (Entered: 03/22/2019)	March 22, 2019	March 22, 2019
	Set/Reset Deadlines	March 22, 2019	March 22, 2019
	Set/Reset Deadlines: Status Report due by 4/4/2019 (tj)	March 22, 2019	March 22, 2019
	MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 4, 2019. (lcrc3) (Entered: 04/04/2019)	April 4, 2019	April 4, 2019
17	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/04/2019)	April 4, 2019	April 4, 2019 Clearinghouse
	.Order	April 4, 2019	April 4, 2019
	MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 4, 2019. (lcrc3)	April 4, 2019	April 4, 2019
	Set/Reset Deadlines: Status Report due by 4/18/2019 (tj) (Entered: 04/05/2019)	April 5, 2019	April 5, 2019
	Set/Reset Deadlines	April 5, 2019	April 5, 2019
	Set/Reset Deadlines: Status Report due by 4/18/2019 (tj)	April 5, 2019	April 5, 2019
	MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on May 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 18, 2019. (lcrc3) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019
18	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019
	.Order	April 18, 2019	April 18, 2019
	MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on May 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 18, 2019. (lcrc3)	April 18, 2019	April 18, 2019
	Set/Reset Deadlines: Status Report due by 5/17/2019. (tj) (Entered: 04/24/2019)	April 24, 2019	April 24, 2019
	Set/Reset Deadlines	April 24, 2019	April 24, 2019
	Set/Reset Deadlines: Status Report due by 5/17/2019. (tj)	April 24, 2019	April 24, 2019
	MINUTE ORDER granting 19 Joint Status Report and Proposed Schedule: It is hereby ORDERED that the parties shall submit a further Joint Status Report on or before July 1, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on May 17, 2019. (lcrc3) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019
19	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019
	.Order	May 17, 2019	May 17, 2019
	MINUTE ORDER granting 19 Joint Status Report and Proposed Schedule: It is hereby ORDERED that the parties shall submit a further Joint Status Report on or before July 1, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on May 17, 2019. (lcrc3)	May 17, 2019	May 17, 2019
	Set/Reset Deadlines: Status Report due by 7/1/2019 (tj) (Entered: 05/21/2019)	May 21, 2019	May 21, 2019
	Set/Reset Deadlines	May 21, 2019	May 21, 2019
	Set/Reset Deadlines: Status Report due by 7/1/2019 (tj)	May 21, 2019	May 21, 2019
	MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before July 15, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on July 1, 2019. (lcrc3) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019
20	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019
	.Order	July 1, 2019	July 1, 2019
	MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before July 15, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on July 1, 2019. (lcrc3)	July 1, 2019	July 1, 2019
	MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report every 60 days informing the court of the status of this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 15, 2019. (lcrc3) (Entered: 07/15/2019)	July 15, 2019	July 15, 2019
21	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 07/15/2019)	July 15, 2019	July 15, 2019 Clearinghouse
	.Order	July 15, 2019	July 15, 2019
	MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report every 60 days informing the court of the status of this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 15, 2019. (lcrc3)	July 15, 2019	July 15, 2019
22	NOTICE of Appearance by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 08/08/2019)	Aug. 8, 2019	Aug. 8, 2019
23	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 09/13/2019)	Sept. 13, 2019	Sept. 13, 2019
24	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019
25	NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered: 11/26/2019)	Nov. 26, 2019	Nov. 26, 2019
26	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 01/14/2020)	Jan. 14, 2020	Jan. 14, 2020
27	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 03/16/2020)	March 16, 2020	March 16, 2020 Clearinghouse
	MINUTE ORDER: Upon consideration of 28 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before June 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/17/2020. (lcrc3) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020
	Set/Reset Deadlines: Status Report due by 6/16/2020 (tj) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020
28	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 RECAP
	.Order	April 17, 2020	April 17, 2020
	Set/Reset Deadlines	April 17, 2020	April 17, 2020
	MINUTE ORDER: Upon consideration of 28 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before June 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/17/2020. (lcrc3)	April 17, 2020	April 17, 2020
	Set/Reset Deadlines: Status Report due by 6/16/2020 (tj)	April 17, 2020	April 17, 2020
29	Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 06/16/2020)	June 16, 2020	June 16, 2020
	MINUTE ORDER: Upon consideration of 29 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on or before July 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 06/16/2020. (lcrc3)	June 16, 2020	June 16, 2020
	Set/Reset Deadlines: Status Report due by 7/16/2020. (tj)	June 16, 2020	June 16, 2020
	.Order	June 16, 2020	June 16, 2020
	Set/Reset Deadlines	June 16, 2020	June 16, 2020
30	Status Report	July 16, 2020	July 16, 2020 RECAP
	.Order	July 16, 2020	July 16, 2020
	Set/Reset Deadlines	July 17, 2020	July 17, 2020
31	Status Report	Aug. 5, 2020	Aug. 5, 2020
	.Order	Aug. 5, 2020	Aug. 5, 2020
	Set/Reset Deadlines	Aug. 6, 2020	Aug. 6, 2020
32	Status Report	Aug. 27, 2020	Aug. 27, 2020
	.Order	Aug. 27, 2020	Aug. 27, 2020
	Set/Reset Deadlines	Aug. 27, 2020	Aug. 27, 2020
33	Stipulation of Dismissal	Sept. 28, 2020	Sept. 28, 2020