Case: American Civil Liberties Union of Maine Foundation v. U.S. Department of Homeland Security

2:18-cv-00182 | U.S. District Court for the District of Maine

Filed Date: May 8, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is one of a pair of lawsuits filed by state affiliates of the American Civil Liberties Union (ACLU), each relating to two separate Freedom of Information Act requests seeking agency records on immigration enforcement practices in Maine, New Hampshire, and Vermont. (The other case is IM-ME-0001, American Civil Liberties Union of Maine Foundation v. U.S. Department of Homeland Security.) Both cases were brought in U.S. District Court for the District of Maine; the ACLU sought declaratory and…

This is one of a pair of lawsuits filed by state affiliates of the American Civil Liberties Union (ACLU), each relating to two separate Freedom of Information Act requests seeking agency records on immigration enforcement practices in Maine, New Hampshire, and Vermont. (The other case is IM-ME-0001, American Civil Liberties Union of Maine Foundation v. U.S. Department of Homeland Security.) Both cases were brought in U.S. District Court for the District of Maine; the ACLU sought declaratory and injunctive relief—specifically, the release of documents responsive to each request—as well as attorneys' fees and costs. This action was filed on May 8, 2018 against the Department of Homeland Security (DHS) and its component agencies U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). (The other had been filed seven days prior and did not include ICE as a defendant.) Both cases were partially coordinated and assigned to District Judge John D. Levy.

The ACLU sent the FOIA request that triggered this case on September 5, 2017 amid reports of substantially increased raids, arrests, and searches by federal immigration authorities in Maine, Vermont, and New Hampshire. The request asked for records pertaining to each agency's immigration enforcement practices in the three states, including its communications with local businesses and law enforcement. Two weeks later, according to the ACLU's complaint, DHS delivered its "final response" that contained only one page of data and only responded to arrests made by ICE; the ACLU alleged that DHS failed to search CBP records or otherwise respond to any of the other items of the request, in violation of its legal duties under FOIA. The complaint also said that DHS acknowledged receiving the ACLU's subsequent appeal in February 2018, but failed to issue a notification within 20 days indicating whether it would comply, again in violation of FOIA.

DHS filed its answer on June 18, 2018. It acknowledged receiving the ACLU's September 5 request, but otherwise effectively denied the remaining allegations.

On July 5, 2018, Magistrate Judge John H. Rich III granted the parties' joint motion, in which DHS said that it was in the process of searching for possible additional responsive documents, subject to later status report to be filed by August 17. That report indicated that the defendants had agreed to identify and produce additional responsive documents according to search parameters jointly drafted by the parties. A November 2018 status report indicated the parties were unable to agree on a production schedule. Judge Levy granted that request and set a schedule, which had to be amended several times.

Finally, on October 11, 2019, plaintiffs submitted a status briefing with a proposed scheduling to adjudicate the issue of several redacted materials. Four days later, the court set the schedule telling plaintiffs to submit a brief as to why they were entitled to the redacted material by December 16, 2019. Following this, the defendants were to submit a brief in response by January 10, 2020. The plaintiffs would then have a chance to reply to that response by January 24, 2020. This schedule proved difficult to maintain and was altered a few times, so ultimately the plaintiffs submitted their first brief by December 20, defendants responded on February 5, 2020, and the plaintiffs replied two weeks later.

On July 6, 2020, the court issued its order regarding the redacted materials. Judge Levy ordered some of the contested documents to be unredacted, but most of the documents he found were covered by Exemption 7(E) of FOIA. This exemption protects information that might reveal law enforcement tactics which are not known to the general public. The court ordered that the defendants release any of the unprotected information by July 20, 2020. 2020 WL 3643126.

The case is ongoing as of July 9, 2020.

Summary Authors

Jake Parker (6/19/2018)

Alexander Walling (8/22/2018)

Virginia Weeks (11/17/2018)

Jack Hibbard (7/9/2020)

Related Cases

American Civil Liberties Union of Maine Foundation v. U.S. Department of Homeland Security, District of Maine (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7218966/parties/american-civil-liberties-union-of-maine-foundation-v-us-department-of/


Judge(s)

Levy, Jon David (Maine)

Rich, John H. III (Maine)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Bond, Emma E. (Maine)

Ernst, Lia (Vermont)

Heiden, Zachary L. (Maine)

Attorneys(s) for Defendant

Concannon, James D. (Maine)

Lizotte, Andrew K. (Maine)

Judge(s)

Levy, Jon David (Maine)

Rich, John H. III (Maine)

Attorneys(s) for Plaintiff

Bissonnette, Gilles R (New Hampshire)

Bond, Emma E. (Maine)

Ernst, Lia (Vermont)

Heiden, Zachary L. (Maine)

Attorneys(s) for Defendant

Concannon, James D. (Maine)

Lizotte, Andrew K. (Maine)

Documents in the Clearinghouse

Document

Docket [PACER]

July 6, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et seq.

May 8, 2018 Complaint
58

Memorandum Decision and Order on Objection to Public Record Redactions Pursuant to FOIA

470 F.Supp.3d 40, 2020 WL 3643126

July 6, 2020 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7218966/american-civil-liberties-union-of-maine-foundation-v-us-department-of/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. (Service of Process Deadline 8/6/2018) Fee due by 5/10/2018. (Attachments: # 1 Exhibit A 9/5/17 DHS FOIA request, # 2 Exhibit B acknowledgement, coditional grant, fee waiver, # 3 Exhibit C ICE FOIA request, # 4 Exhibit D 9/27/17 DHS release in full letter, # 5 Exhibit D1 9/27/17 DHS record production, # 6 Exhibit E 2/1/18 FOIA appeal, # 7 Exhibit F Acknowledgement, standard letter1)(bfa) (Entered: 05/08/2018)

1 Exhibit A 9/5/17 DHS FOIA request

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2 Exhibit B acknowledgement, coditional grant, fee waiver

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3 Exhibit C ICE FOIA request

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4 Exhibit D 9/27/17 DHS release in full letter

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5 Exhibit D1 9/27/17 DHS record production

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6 Exhibit E 2/1/18 FOIA appeal

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7 Exhibit F Acknowledgement, standard letter1

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May 8, 2018 PACER
2

CIVIL COVER SHEET. (bfa) (Entered: 05/08/2018)

May 8, 2018 PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1837870.), filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT.(BOND, EMMA)

May 8, 2018 PACER
3

CERTIFICATION for Admission Pro Hac Vice of Gilles Bissonnette filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837874.) (BOND, EMMA) (Entered: 05/08/2018)

May 8, 2018 PACER
4

CERTIFICATION for Admission Pro Hac Vice of Lia Ernst filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837882.) (BOND, EMMA) (Entered: 05/08/2018)

May 8, 2018 PACER

Set Deadlines : Attorney Lia Ernst, Gilles Bissonnette shall register for the District of Maine's Electronic Case Filing (ECF) System by 5/16/2018. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (bfa)

May 9, 2018 PACER
5

NOTICE of Appearance by JAMES D. CONCANNON on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (CONCANNON, JAMES) (Entered: 05/15/2018)

May 15, 2018 PACER
6

NOTICE of Appearance by ANDREW K. LIZOTTE on behalf of All Defendants (LIZOTTE, ANDREW) (Entered: 05/16/2018)

May 16, 2018 PACER
7

Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons - CBP, # 2 Summons - ICE)(akr) (Entered: 05/16/2018)

1 Summons - CBP

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2 Summons - ICE

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May 16, 2018 PACER
8

AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. All Defendants. (Attachments: # 1 Exhibit Return Receipt - Certified Mail)(BOND, EMMA) (Entered: 05/21/2018)

1 Exhibit Return Receipt - Certified Mail

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May 21, 2018 PACER

Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 7/17/2018. (akr)

May 22, 2018 PACER

Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 6/18/2018 pursuant to 5 U.S.C. § 552(a)(4)(C). (akr)

May 22, 2018 PACER

Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 6/18/2018 pursuant to 5 U.S.C. ยง 552(a)(4)(C). (akr)

May 22, 2018 PACER
9

ANSWER to 1 Complaint,,,, by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(CONCANNON, JAMES) (Entered: 06/18/2018)

June 18, 2018 PACER
10

SCHEDULING ORDER: Discovery due by 11/5/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 11/13/2018. Motions due by 11/26/2018. Ready for Trial on 2/4/2019. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 06/19/2018)

June 19, 2018 PACER
11

Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 7/24/2018. (CONCANNON, JAMES) (Entered: 07/03/2018)

July 3, 2018 PACER
12

ORDER granting without objection 11 Motion to Amend Scheduling Order. Without objection, the parties are directed to file a written joint status report by August 17, 2018, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/05/2018)

July 5, 2018 PACER

Set Deadlines Pursuant to Order #12 entered on July 5, 2018: Status Report due by 8/17/2018-the parties are directed to file a written joint status report addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. (mtm)

July 5, 2018 PACER
13

STATUS REPORT Submitted by Joint Agreement by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
14

MOTION for Permission to File Second Joint Status Report (No PDF attached. See ECF #13) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
15

ORDER granting without objection 14 Joint Motion for leave to file second joint status report. The parties shall file their second Joint Status Report, as requested, by October 12, 2018. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 08/19/2018)

Aug. 19, 2018 PACER

Set Deadlines : Status Report due by 10/12/2018. (akr)

Aug. 19, 2018 PACER
16

STATUS REPORT and Joint Motion for Permission to File Third Joint Status Report by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 10/12/2018)

Oct. 12, 2018 PACER
17

MOTION for Permission to File Third Joint Status Report (No PDF attached. See ECF #16) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 10/15/2018)

Oct. 12, 2018 PACER
18

ORDER granting without objection 17 Joint Motion for Leave to File Third Joint Status Report. The parties shall file their third Joint Status Report by November 16, 2018, addressing the parties' agreed-upon production schedule or, if the parties are unable to agree on a production schedule, each parties' position regarding a proposed production schedule. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2018)

Oct. 15, 2018 PACER

Set Deadlines : Status Report due by 11/16/2018. (akr)

Oct. 15, 2018 PACER

Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/22/2018 as to AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (akr)

Oct. 16, 2018 PACER
19

NOTICE of Interested Parties by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (BOND, EMMA) (Entered: 10/22/2018)

Oct. 22, 2018 PACER
20

STATUS REPORT (Joint) and Motion for the Court to Set Production Schedule by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
21

Joint MOTION for the Court to Set Production Schedule (No PDF attached - See ECF #20) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (akr) (Entered: 11/19/2018)

Nov. 16, 2018 PACER
22

ORDER granting 21 Joint Motion for the court to set production schedule. Upon careful consideration of the parties' Third Joint Status Report, the court sets the following production schedule for the release of records in the Defendants' possession: (1) without objection, by December 10, 2018, Defendants ICE and CBP will make a production of responsive, non-exempt records; by January 10, 2019, Defendants ICE and CBP will make an additional production of responsive, non-exempt records; and, by February 11, 2019 (February 10 being a Sunday), Defendants ICE and CBP will, respectively, complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non-exempt records identified pursuant to the priority search parameters; (2) regarding Defendant DHS, over objection and weighing the parties' competing interests set out in detail in the Third Joint Status Report, including Plaintiffs' contention that DHS should be subject to the same schedule as ICE and CBP and DHS's contention that it is only able to commit to reviewing 250 pages of records per month beginning in January, I ORDER Defendant DHS to produce, beginning in January 2019, the 1,735 potentially responsive pages to the Plaintiffs at an average rate of 350 pages and a minimum rate of 250 pages per month, as follows: By January 10, 2019, Defendant DHS will make a production of at least 250 responsive, non-exempt records; by February 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; by March 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; by April 10, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; and by May 10, 2019, Defendant DHW will complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non-exempt records identified pursuant to the priority search parameters. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/25/2018)

Nov. 25, 2018 PACER
23

Consent MOTION to Amend Production Schedule by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 1/30/2019. (CONCANNON, JAMES) (Entered: 01/09/2019)

Jan. 9, 2019 PACER
24

ORDER granting without objection 23 Motion to Amend scheduling order. The court's November 25, 2018, production schedule, ECF No. 22, is amended to postpone defendants' January 10, 2019, production of responsive, non-exempt records until the next scheduled production date of February 11, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/14/2019)

Jan. 14, 2019 PACER
25

Consent MOTION to Amend Production Schedule by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 3/4/2019. (CONCANNON, JAMES) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
26

ORDER granting without objection 25 Motion to Amend Production Schedule. The court's November 25, 2018, production schedule, ECF No. 22, as amended, ECF No. 24, is further amended to postpone defendants' February 11, 2019, production of responsive, non-exempt records until February 15, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
27

NOTICE of Hearing: Telephone Conference re Scheduling Order Deadlines set for 5/20/2019 at 01:00 PM before MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall call chambers at the number provided once all parties are on the line.(slg) (Entered: 05/15/2019)

May 15, 2019 PACER
28

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Conference of Counsel held re: case status; docket order to follow. (Court Reporter: FTR) (RICH III, JOHN) (Entered: 05/20/2019)

May 20, 2019 PACER
29

ORDER re 27 Notice of Hearing. On May 20, 2019, I held a telephonic status conference with Attorneys Bond, Heiden, and Ernst for the plaintiffs and Attorney Concannon for the defendants to discuss the status of this matter following the expiration of the May 10 deadline for defendant DHS to complete processing its priority search documents, ECF No. 22, a date set prior to the last government partial shutdown. After discussion, the parties orally moved for an extension of DHS's deadline to June 10, 2019, and for leave to file a written status report by June 24, 2019. Accordingly, I ORDERED that DHS complete processing the entirety of the priority search documents and produce to the plaintiffs any responsive, non-exempt records by June 10, 2019, and that the parties file a written joint status report by June 24, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 05/22/2019)

May 22, 2019 PACER

Order

May 22, 2019 PACER

Set Deadlines : Status Report pursuant to ECF #29 due by 6/24/2019. (akr)

May 22, 2019 PACER
30

STATUS REPORT and Motion to Set Deadline for Fifth Status Report by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (Attachments: # 1 Attachment A - Plaintiffs' Sample Redaction Concerns)(BOND, EMMA) (Entered: 06/24/2019)

1 Attachment A - Plaintiffs' Sample Redaction Concerns

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June 24, 2019 PACER
31

MOTION to Set Deadline for Fifth Status Report (No PDF attached to this entry. To view Motion see ECF #30). by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (tcs) (Entered: 06/25/2019)

June 24, 2019 PACER
32

ORDER granting without objection 31 Joint Motion for leave to file Fifth Status Report. The parties shall file their Fifth Status Report by July 12, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 06/26/2019)

June 26, 2019 PACER

Order on Motion for Miscellaneous Relief 1

June 26, 2019 PACER

Set Deadlines: Pursuant to ORDER at ECF #32, Fifth Status Report due by 7/12/2019. (tcs)

June 26, 2019 PACER
33

STATUS REPORT and Motion for Additional Scheduling Order by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 07/12/2019)

July 12, 2019 PACER
34

MOTION for Additional Scheduling Order(No PDF attached; see ECF #33). by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) Modified on 7/15/2019 to correct title and date filed (akr). (Entered: 07/15/2019)

July 12, 2019 PACER
35

NOTICE of Docket Entry Modification regarding 34 MOTION for Additional Scheduling Order : This entry has been modified to replace "to Set Deadline for Sixth Status Report" with "for Additional Scheduling Order" (akr) (Entered: 07/15/2019)

July 15, 2019 PACER
36

SCHEDULING ORDER granting 34 Motion for Additional Scheduling Order By JUDGE JON D. LEVY. (akr) (Entered: 07/18/2019)

July 18, 2019 PACER

Reset Deadlines : Status Report due by 9/17/2019. (akr)

July 18, 2019 PACER
37

Sixth Joint Status Report and Motion for Additional Scheduling Order by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 10/8/2019. (BOND, EMMA) Modified on 9/17/2019 to clarify docket text (lrc). (Entered: 09/17/2019)

Sept. 17, 2019 PACER
38

ORDER granting without objection 37 Joint Motion for Additional Scheduling Order. On the parties' joint motion and the showing made, U.S. Immigration and Customs Enforcement shall produce responsive documents from the Enforcement and Removal Operations folder in the shared drive by September 27, 2019, and the parties shall file a joint status report, with a proposed briefing schedule on the challenged redactions, by October 11, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/24/2019)

Sept. 24, 2019 PACER

Order on Motion for Order

Sept. 24, 2019 PACER

Set Deadlines : Status Report due by 10/11/2019. (akr)

Sept. 24, 2019 PACER
39

Seventh Joint Status Report and MOTION for Additional Scheduling Order by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 11/1/2019. (BOND, EMMA) Modified on 10/11/2019 for consistency (akr). (Entered: 10/11/2019)

Oct. 11, 2019 PACER
40

ORDER granting without objection 39 Joint Motion for Order setting briefing schedule on redaction disputes. The parties having filed a joint status report, with a proposed briefing schedule on the challenged redactions, as contemplated by the court's order dated September 24, 2019, the following briefing schedule to resolve redaction disputes is ORDERED: By October 23, 2019, the Plaintiffs shall file an appendix with all public documents containing redactions that Plaintiffs intend to challenge; by November 8, 2019, the Defendants shall file final Vaughn indices explaining the bases for the challenged redactions; by December 6, 2019, the Plaintiffs shall file a brief, no longer than 20 pages, challenging the legal bases for the redactions; by January 10, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by January 24, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2019)

Oct. 15, 2019 PACER

Order on Motion for Order

Oct. 15, 2019 PACER

Set Deadlines : Defendant shall file Vaughn indices by 11/8/2019. Plaintiffs' Brief (1) due by 12/6/2019. Defendants' Responsive Brief (2) due by 1/10/2020. Plaintiffs' Reply Brief (3) due by 1/24/2020. (akr)

Oct. 15, 2019 PACER
41

APPENDIX of Challenge to Redactions Under FOIA by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (Attachments: # 1 Appendix)(HEIDEN, ZACHARY) Modified on 10/21/2019 to replace "Administrative Record" with "Appendix" (akr). (Entered: 10/18/2019)

1 Appendix

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Oct. 18, 2019 PACER
42

STATUS REPORT by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - ICE Vaughn Index, # 2 Exhibit B - CBP Vaughn Index)(CONCANNON, JAMES) (Entered: 11/12/2019)

1 Exhibit A - ICE Vaughn Index

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2 Exhibit B - CBP Vaughn Index

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Nov. 12, 2019 PACER
43

Consent MOTION to Amend Scheduling Order for briefing on redaction disputes by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 12/26/2019. (BOND, EMMA) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
44

ORDER granting without objection 43 Consent Motion to Amend Scheduling Order. By December 20, 2019, the Plaintiffs shall file a brief, no longer than 20 pages, challenging the legal bases for the redactions; by January 24, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by February 7, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 12/09/2019)

Dec. 9, 2019 PACER

Order on Motion to Amend Scheduling Order

Dec. 9, 2019 PACER

Reset Deadlines : Plaintiffs' Brief Deadline (1) due by 12/20/2019. Defendants' Responsive Brief Deadline (2) due by 1/24/2020. Plaintiffs' Reply Brief Deadline (3) due by 2/7/2020. (akr)

Dec. 9, 2019 PACER
45

STATUS REPORT by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - ICE Vaughn Index, # 2 Exhibit B - CBP Vaughn Index)(CONCANNON, JAMES) (Entered: 12/20/2019)

1 Exhibit A - ICE Vaughn Index

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2 Exhibit B - CBP Vaughn Index

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Dec. 20, 2019 PACER
46

OBJECTION to Redaction of Public Records by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) Modified on 1/8/2020 to modify docket entry per the court (nrg). (Entered: 12/20/2019)

Dec. 20, 2019 PACER

SET Deadlines as to 46 OBJECTION pursuant to ECF No. 44: Responses due by 1/24/2020. Reply due by 2/7/2020. (nrg)

Jan. 8, 2020 PACER
47

Consent MOTION to Extend Time and to Amend Scheduling Order by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 2/12/2020. (CONCANNON, JAMES) (Entered: 01/22/2020)

Jan. 22, 2020 PACER
48

ORDER granting without objection 47 Motion to Extend Time. By February 5, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by February 19, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/23/2020)

Jan. 23, 2020 PACER

Order on Motion to Extend Time

Jan. 23, 2020 PACER

***FILED IN ERROR*** Reset Deadlines : Defendants' Responsive Brief (2) due by 1/24/2020. Plaintiffs' Reply Brief (3) due by 2/7/2020. (akr) Modified on 1/27/2020 (akr).

Jan. 23, 2020 PACER
49

NOTICE of Docket Entry Modification regarding Set/Reset Deadlines : This entry has been marked "Filed in Error" and the deadlines have been terminated. (akr) (Entered: 01/27/2020)

Jan. 27, 2020 PACER

Reset Deadlines pursuant to the Order at ECF #48 as to 46 OBJECTION : Responses due by 2/5/2020. Reply due by 2/19/2020. (akr) Modified on 1/27/2020 (akr).

Jan. 27, 2020 PACER
50

NOTICE of Docket Entry Modification regarding Set/Reset Motion and R&R Deadlines/Hearings : This entry has been modified to add "pursuant to the Order at ECF #48." (akr) (Entered: 01/27/2020)

Jan. 27, 2020 PACER
51

Consent MOTION for Enlargement of Page Limit by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 2/21/2020. (CONCANNON, JAMES) (Entered: 01/31/2020)

Jan. 31, 2020 PACER
52

ORDER granting without objection 51 Motion for leave to file overlong brief. By February 5, 2020, the Defendants shall file a responsive brief, no longer than 25 pages, in support of the redactions. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/03/2020)

Feb. 3, 2020 PACER

Order on Motion for Miscellaneous Relief 1

Feb. 3, 2020 PACER
53

AFFIDAVIT of Justin A. Bristow, Acting FOIA Coordinator for CBP filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 02/05/2020)

Feb. 5, 2020 RECAP
54

RESPONSE to 46 OBJECTION to Redaction of Records filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 02/05/2020)

Feb. 5, 2020 PACER
55

Consent MOTION Enlargement of Page Limit in Reply by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 3/4/2020. (BOND, EMMA) (Entered: 02/12/2020)

Feb. 12, 2020 PACER
56

ORDER granting without objection 55 Motion for leave to file overlong brief. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/14/2020)

Feb. 14, 2020 PACER

Order on Motion for Miscellaneous Relief 1

Feb. 14, 2020 PACER
57

REPLY to Response to Motion re 46 OBJECTION Reply in Opposition to Redaction under FOIA filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) (Entered: 02/19/2020)

Feb. 19, 2020 PACER
58

MEMORANDUM DECISION AND ORDER ON OBJECTION TO PUBLIC RECORD REDACTIONS PURSUANT TO FOIA re 46 Objection to Redaction of Public Records. By MAGISTRATE JUDGE JOHN H. RICH III. (slg) Modified docket text per the court on 7/7/2020 (slg).

July 6, 2020 RECAP

Set Deadlines per Order #58: ICE and CBP to produce documents to the ACLU by 7/20/2020. (slg)

July 6, 2020 PACER

Order on Motion to Extend Time

July 20, 2020 PACER

Order on Motion for Order

Sept. 4, 2020 PACER

Order on Motion to Amend Scheduling Order

Sept. 25, 2020 PACER

Order on Motion to Amend Scheduling Order

Nov. 30, 2020 PACER

State / Territory: Maine

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: May 8, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Civil Liberties Union of Maine, New Hampshire, and Vermont.

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

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Records Disclosure

Search policies

Transportation

Type of Facility:

Government-run

Immigration/Border:

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation