Case: American Immigration Council v. U.S. Immigration and Customs Enforcement

1:18-cv-01531 | U.S. District Court for the District of District of Columbia

Filed Date: June 27, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 27, 2018, the American Immigration Council filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Immigration & Customs Enforcement ("ICE"), the U.S. Customs & Border Protection ("CBP"), and the U.S. Department of Homeland Security ("DHS") under 5 U.S.C. § 552, the Freedom of Information Act ("FOIA"). The plaintiff sought injunctive relief and attorneys' fees. The plaintiff sought to compel the disclosure of records regarding the separati…

On June 27, 2018, the American Immigration Council filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Immigration & Customs Enforcement ("ICE"), the U.S. Customs & Border Protection ("CBP"), and the U.S. Department of Homeland Security ("DHS") under 5 U.S.C. § 552, the Freedom of Information Act ("FOIA"). The plaintiff sought injunctive relief and attorneys' fees. The plaintiff sought to compel the disclosure of records regarding the separation of families who arrive at the U.S.-Mexico border. The statutory deadline for a response had expired, and the defendants had failed to make a determination on the requests as required by FOIA. This case was assigned to District Judge Royce C. Lamberth.

The plaintiff claimed there was an urgent need for information regarding the defendants' current policies and practices regarding the treatment of noncitizens (many of them seeking asylum) who arrive as family units at the U.S.-Mexico border and, in many cases, have been prosecuted and separated. The plaintiff claimed that the defendants had been the primary decisionmakers in the implementation of this policy and in the initial separation of families. As such, the plaintiff claimed that records explaining the defendants' policies and practices were of vital importance to the public's understanding of the implementation of family separation.

On August 29, 2018, Judge Lamberth ordered the defendants to produce a Vaughn Index with a supporting motion to dismiss or motion for summary judgement, as appropriate. A Vaughn Index is a document that agencies prepare in FOIA litigation to justify the withholding of information under a FOIA exemption.

On September 21, 2018, the defendants filed an unopposed motion to stay the proceedings. None of the defendants had completed processing the plaintiff's FOIA requests. The defendants forwarded to the plaintiff proposed search terms to be used in completing the FOIA searches. The plaintiff stated that it would respond to the defendants' proposals on or before September 28, 2018. Judge Lamberth granted the motion and stayed the proceedings until October 15, 2018. Judge Lamberth also ordered the parties to file a proposed schedule for further proceedings on or before October 15, 2018.

After this stay and another short stay due to a lapse in government appropriations in early 2019, the parties continued filing status reports. On August 30, 2019, the parties proposed a discovery schedule where DHS, ICE, and CBP would process 500 pages of material per month in response to the plaintiff's search requests. The parties promised to provide more status updates at the end of the year regarding the state of discovery on this schedule.

The parties released a joint status report on December 3, 2019; ICE and CBP met their processing goals, and DHS largely transferred the work to its component offices when it found relevant records. The plaintiffs contested part of ICE's disclosure, saying the agency unnecessarily delayed in telling them that it would be unable to process certain subparts of the FOIA request due to the volume of documents involved. Both parties filed proposed orders with the status report; the plaintiff's proposed order asked for ICE to continue with 500 pages a month of discovery, while the defendants only asked for further joint status reports in early 2020.

Questions over ICE's compliance with the discovery schedule continued into 2020; in a March 20, 2020 status report, the plaintiffs again questioned the delay in compliance and ICE reiterated that the volume of documents was greater than anticipated. The parties' proposed order from this status report reflects the positions from late 2019.

The court sided with the plaintiff's view on March 23, 2020, ordering ICE to provide updates on processing in line with the proposed schedule from 2019 every six weeks. The next status report is due June 22, 2020.

Summary Authors

Victoria Fiengo (9/30/2018)

Ellen Aldin (6/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7295196/parties/american-immigration-council-v-us-immigration-customs-enforcement/


Judge(s)
Attorney for Plaintiff

Asta, Christopher James (District of Columbia)

Cedarbaum, Jonathan (District of Columbia)

Cohen, Rachel Weiner (District of Columbia)

Creighton, Emily J. (District of Columbia)

Attorney for Defendant

Braswell, Marina Utgoff (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:18-cv-01531

Docket [PACER]

American Immigration Council v. U.S. Immigration & Customs Enforcement

April 30, 2020

April 30, 2020

Docket
1

1:18-cv-01531

Complaint

American Immigration Council v. U.S. Immigration & Customs Enforcement

June 27, 2018

June 27, 2018

Complaint
16

1:18-cv-01531

Order

Aug. 29, 2018

Aug. 29, 2018

Order/Opinion
17

1:18-cv-01531

Defendants' Unopposed Motion to Stayorder and Order

Sept. 21, 2018

Sept. 21, 2018

Order/Opinion
50

1:18-cv-01531

Order

American Immigration Council v. U.S. Immigrations & Customs Enforcement

March 23, 2020

March 23, 2020

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7295196/american-immigration-council-v-us-immigration-customs-enforcement/

Last updated June 2, 2026, 1:20 a.m.

Docket for: AMERICAN IMMIGRATION COUNCIL v. U.S. IMMIGRATION & CUSTOMS ENFORCEMENT
ECF Number Date Description Link
1 June 27, 2018

COMPLAINT against U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-5558276) filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D1, # 5 Exhibit D2, # 6 Exhibit E1, # 7 Exhibit E2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H1, # 11 Exhibit H2, # 12 Civil Cover Sheet, # 13 Summons US Customs & Border Protection, # 14 Summons US Department of Homeland Security, # 15 Summons US Immigration Customs Enforcement)(Qian, Ni) (Entered: 06/27/2018)

RECAP
2 June 27, 2018

Corporate Disclosure Statement by AMERICAN IMMIGRATION COUNCIL. (Qian, Ni) (Entered: 06/27/2018)

RECAP
3 June 27, 2018

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John F. Walsh, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1225 Seventeenth St. Suite 2600 Denver, CO 80202. Phone No. - 720 274 3154. Fax No. - (720) 274-3133 Filing fee $ 100, receipt number 0090-5558458. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of John F. Walsh in Support of Motion, # 2 Text of Proposed Order)(Qian, Ni) (Entered: 06/27/2018)

RECAP
4 June 27, 2018

WITHDRAWN PURSUANT TO ENTRY 7 ..... MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Weiner Cohen, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- Rachel.Cohen@wilmerhale.com. Phone No. - 202 663 6068. Fax No. - (202) 663-6363 Filing fee $ 100, receipt number 0090-5558596. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Rachel W. Cohen in Support of Motion, # 2 Text of Proposed Order)(Qian, Ni) Modified on 7/27/2018 (zjf). (Entered: 06/27/2018)

RECAP
5 June 27, 2018

NOTICE of Appearance by Emily Creighton on behalf of AMERICAN IMMIGRATION COUNCIL (Creighton, Emily) (Entered: 06/27/2018)

RECAP
June 27, 2018

Case Assigned to Judge Royce C. Lamberth. (zsth)

6 June 28, 2018

SUMMONS (3) Issued Electronically as to U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Notice and Consent)(zsth) (Entered: 06/28/2018)

RECAP
June 28, 2018

SUMMONS Not Issued as to US Attorney and US Attorney General. (zsth)

7 July 25, 2018

NOTICE OF WITHDRAWAL OF MOTION by AMERICAN IMMIGRATION COUNCIL re 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel Weiner Cohen, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- Rachel.Cohen@wilmerhale.com. Phone No. - 202 663 6068. Fax No. - (202) 663-6363 Filing fee & (Qian, Ni) (Entered: 07/25/2018)

RECAP
8 July 30, 2018

NOTICE of Appearance by Marina Utgoff Braswell on behalf of U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 07/30/2018)

RECAP
9 Aug. 3, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/5/2018. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2018. (Attachments: # 1 Summons Executed as to the US Department of Homeland Security, # 2 Summons Executed as to US Customs& Border Protection, # 3 Affidavit of Service as to US Attorney General Jeff Sessions, # 4 Affidavit of Service as to US Attorney's Office - District of DC)(Qian, Ni) (Entered: 08/03/2018)

RECAP
10 Aug. 3, 2018

Unopposed MOTION for Extension of Time to File Response/Reply to Complaint by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 08/03/2018)

RECAP
11 Aug. 3, 2018

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS & BORDER PROTECTION served on 7/3/2018; U.S. DEPARTMENT OF HOMELAND SECURITY served on 7/3/2018; U.S. IMMIGRATION & CUSTOMS ENFORCEMENT served on 7/2/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/05/2018. (See Docket Entry 9 to view document) (jf) (Entered: 08/06/2018)

RECAP
Aug. 6, 2018

NOTICE OF ERROR re 9 Summons Returned Executed in FOIA as to U.S. Attorney; emailed to Ni.Qian@wilmerhale.com, cc'd 7 associated attorneys -- The PDF file you docketed contained errors: 1. DO NOT REFILE - Counsel is reminded to docket all parts of their filing(s) (zjf, )

12 Aug. 8, 2018

ORDER granting 10 Motion for Extension of Time to File Response/Reply to Complaint ; Responses due by 8/22/2018. Signed by Judge Royce C. Lamberth on 8/7/18. (lsj) (Entered: 08/08/2018)

RECAP
13 Aug. 16, 2018

NOTICE of Appearance by John F. Walsh on behalf of AMERICAN IMMIGRATION COUNCIL (Walsh, John) (Entered: 08/16/2018)

RECAP
14 Aug. 22, 2018

ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 8/21/18. (lsj) (Entered: 08/22/2018)

RECAP
15 Aug. 22, 2018

ANSWER to Complaint by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT.(Braswell, Marina) (Entered: 08/22/2018)

RECAP
16 Aug. 29, 2018

ORDER: Government shall produce a Vaughn index with a supporting motion to dismiss or motion for summary judgment, as appropriate, within 30 days of this date (see Order for details). Signed by Judge Royce C. Lamberth on 8/28/18. (lcrcl3) (Main Document 16 replaced on 8/29/2018) (zlsj). (Entered: 08/29/2018)

RECAP
Aug. 29, 2018

Set/Reset Deadlines: Vaughn Index with supporting Dispositive Motions or Summary Judgment motions due by 9/28/2018. (lsj)

17 Sept. 21, 2018

Unopposed MOTION to Stay re 16 Scheduling Order, by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 09/21/2018)

RECAP
18 Sept. 27, 2018

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher James Asta, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, 20006. Phone No. - 202-663-6332. Fax No. - (202) 663-6363 Filing fee $ 100, receipt number 0090-5709861. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of Christopher Asta, # 2 Text of Proposed Order)(Walsh, John) (Entered: 09/27/2018)

RECAP
19 Sept. 27, 2018

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David P. Yin, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 1875 Pennsylvania Avenue NW, 20006. Phone No. - 202-663-6677. Fax No. - (202) 663-6363 Filing fee $ 100, receipt number 0090-5710071. Fee Status: Fee Paid. by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Declaration of David P. Yin, # 2 Text of Proposed Order)(Walsh, John) (Entered: 09/27/2018)

RECAP
20 Oct. 3, 2018

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney Ni Qian terminated. (Qian, Ni) (Entered: 10/03/2018)

RECAP
21 Oct. 5, 2018

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 10/05/2018. (lcrcl3) (Entered: 10/05/2018)

RECAP
22 Oct. 5, 2018

ORDER granting 18 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Royce C. Lamberth on 10/05/2018. (lcrcl3) (Entered: 10/05/2018)

RECAP
23 Oct. 5, 2018

ORDER granting 17 Motion to Stay proceedings until October 15, 2018. The Court further ORDERS the parties to file a proposed schedule for further proceedings on or before October 15, 2018. Signed by Judge Royce C. Lamberth on 10/05/2018. (lcrcl3) Modified on 10/9/2018 (zlsj). (Entered: 10/05/2018)

RECAP
24 Oct. 15, 2018

Unopposed MOTION for Extension of Time to File Joint Schedule for Further Proceedings by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 10/15/2018)

RECAP
25 Oct. 17, 2018

ORDER granting 24 Motion for Extension of Time to File. The parties shall file a proposed schedule by 10/19/2018. Signed by Judge Royce C. Lamberth on 10/17/18. (lcrcl3) (Entered: 10/17/2018)

RECAP
26 Oct. 19, 2018

Joint MOTION for Scheduling Order (Joint Motion for Entry of Scheduling Order), by AMERICAN IMMIGRATION COUNCIL (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 10/19/2018)

1 Text of Proposed Order

View on PACER

RECAP
27 Nov. 26, 2018

ORDER granting 26 Joint Proposed Scheduling Order. Signed by Judge Royce C. Lamberth on 11/21/2018. (lcrcl3) (Entered: 11/26/2018)

RECAP
28 Dec. 4, 2018

MOTION for Extension of Time to Comply with December 5, 2018, and December 10, 2018 by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 12/04/2018)

RECAP
29 Dec. 6, 2018

Memorandum in opposition to re 28 MOTION for Extension of Time to Comply with December 5, 2018, and December 10, 2018 and request for expedited consideration filed by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 [Plaintiff's Proposed] Scheduling Order, # 2 Declaration of David P. Yin in Support of Plaintiff's Brief in Opposition to Defendants' Motion for Extension of Time, # 3 Exhibit A, # 4 Exhibit B)(Walsh, John) (Entered: 12/06/2018)

RECAP
30 Dec. 6, 2018

MOTION to Expedite Consideration by AMERICAN IMMIGRATION COUNCIL. (See Docket Entry 29 to view document). (znmw) (Entered: 12/10/2018)

RECAP
31 Dec. 13, 2018

REPLY to opposition to motion re 28 MOTION for Extension of Time to Comply with December 5, 2018, and December 10, 2018 Deadlines filed by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Holzer Declaration)(Braswell, Marina) (Entered: 12/13/2018)

RECAP
32 Jan. 11, 2019

MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Braswell, Marina) (Entered: 01/11/2019)

RECAP
33 Jan. 14, 2019

Memorandum in opposition to re 32 MOTION to Stay (Defendants' Motion to Stay Proceedings in Light of Lapse in Appropriations) filed by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 01/14/2019)

RECAP
34 Jan. 24, 2019

ORDER granting 32 Motion to Stay. Signed by Judge Royce C. Lamberth on 1/24/2019. (lcrcl2) (Entered: 01/24/2019)

RECAP
35 Feb. 8, 2019

NOTICE to the Court by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 02/08/2019)

RECAP
36 Feb. 12, 2019

RESPONSE re 35 Notice (Other) filed by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 02/12/2019)

RECAP
37 March 29, 2019

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney John F. Walsh terminated. (Walsh, John) (Entered: 03/29/2019)

RECAP
38 March 29, 2019

STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 03/29/2019)

RECAP
39 May 24, 2019

STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 05/24/2019)

RECAP
40 June 3, 2019

NOTICE of Appearance by Jonathan G. Cedarbaum on behalf of AMERICAN IMMIGRATION COUNCIL (Cedarbaum, Jonathan) (Entered: 06/03/2019)

RECAP
41 July 24, 2019

STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Cedarbaum, Jonathan) (Entered: 07/24/2019)

RECAP
42 July 29, 2019

STATUS REPORT and Response to Plaintiff's Status Report, ECF 41, by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) (Entered: 07/29/2019)

RECAP
43 July 30, 2019

RESPONSE re 41 Response to Status Report, ECF 41 filed by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Braswell, Marina) Modified to add link on 8/1/2019 (znmw). (Entered: 07/30/2019)

RECAP
July 30, 2019

Notice of QC

July 30, 2019

NOTICE OF ERROR re 42 Status Report; emailed to Marina.Braswell@usdoj.gov, cc'd 8 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same document using the Response to non-motion category (zjf, )

44 July 31, 2019

ORDER granting 28 Motion for Extension of Time; denying 30 Motion to Expedite. The Court further orders the parties to file a status report with a proposed scheduling order by August 30, 2019. SEE ORDER FOR FULL DETAILS. Signed by Judge Royce C. Lamberth on 07/31/2019. (lcrcl3) (Entered: 07/31/2019)

RECAP
July 31, 2019

Set/Reset Deadlines

July 31, 2019

Set/Reset Deadlines: Status Report due by 8/30/2019 (lsj)

45 Aug. 30, 2019

Joint STATUS REPORT and Proposed Scheduling Order by AMERICAN IMMIGRATION COUNCIL. (Cedarbaum, Jonathan) (Entered: 08/30/2019)

RECAP
46 Sept. 3, 2019

ORDER adopting the parties' proposed scheduling order. The parties shall file a joint status report no later than December 20, 2019 to update the Court on the processing of Plaintiff's FOIA request. Signed by Judge Royce C. Lamberth on 09/03/2019. (lcrcl3) (Entered: 09/03/2019)

RECAP
Sept. 4, 2019

Set/Reset Deadlines

Sept. 4, 2019

Set/Reset Deadlines: Joint Status Report due by 12/20/2019 (lsj)

47 Dec. 20, 2019

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order [PLAINTIFFS], # 2 Text of Proposed Order [DEFENDANTS])(Cedarbaum, Jonathan) (Entered: 12/20/2019)

RECAP
48 March 19, 2020

NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda) (Entered: 03/19/2020)

RECAP
49 March 20, 2020

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Cedarbaum, Jonathan) (Entered: 03/20/2020)

RECAP
50 March 23, 2020

ORDER that the parties shall file a further Joint Status Report no later than 06/22/2020. Defendant ICE shall comply with the Court's September 3, 2019 Order. Defendant ICE shall further provide plaintiff with a progress report every six weeks, beginning in April 2020, regarding the progress of its phase 2 responsiveness review. Signed by Judge Royce C. Lamberth on 03/23/2020. (lcrcl3) (Entered: 03/23/2020)

RECAP
March 24, 2020

Set/Reset Deadlines

March 24, 2020

Set/Reset Deadlines: Joint Status Report due by 6/22/2020 (lsj)

51 April 30, 2020

NOTICE of Appearance by John F. Walsh on behalf of AMERICAN IMMIGRATION COUNCIL (Walsh, John) (Entered: 04/30/2020)

RECAP
52 June 22, 2020

NOTICE of Appearance by Michael A. Tilghman on behalf of U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT (Tilghman, Michael) (Entered: 06/22/2020)

RECAP
53 June 22, 2020

Joint STATUS REPORT filed by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 06/22/2020)

RECAP
54 June 25, 2020

ORDER that the parties shall submit a further Joint Status Report no later than 09/21/2020. Defendant ICE shall make up for all delayed productions no later than 11/30/2020. Signed by Judge Royce C. Lamberth on 06/25/2020. (lcrcl3) (Entered: 06/25/2020)

RECAP
55 Sept. 21, 2020

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 09/21/2020)

RECAP
56 Sept. 23, 2020

ORDER that the parties shall submit a further Joint Status Report no later than 12/21/2020. Signed by Judge Royce C. Lamberth on 09/23/2020. (lcrcl3) (Entered: 09/23/2020)

RECAP
57 Sept. 23, 2020

NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. Attorney Brenda A Gonzalez terminated. (Gonzalez, Brenda) (Entered: 09/23/2020)

RECAP
58 Dec. 21, 2020

Joint STATUS REPORT by U.S. CUSTOMS & BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Tilghman, Michael) (Entered: 12/21/2020)

1 Text of Proposed Order

View on PACER

RECAP
59 Dec. 21, 2020

ORDER that the parties shall submit a further Joint Status Report no later than 3/22/2021. Signed by Judge Royce C. Lamberth on 12/21/2020. (lcrcl3) (Entered: 12/21/2020)

RECAP
60 Jan. 4, 2021

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney Jonathan G. Cedarbaum terminated. (Cedarbaum, Jonathan) (Entered: 01/04/2021)

RECAP
61 March 22, 2021

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 03/22/2021)

RECAP
62 March 23, 2021

ORDER: The parties shall submit a further Joint Status Report no later than 6/22/2021. Signed by Judge Royce C. Lamberth on 3/23/2021. (lcrcl3) (Entered: 03/23/2021)

RECAP
63 April 26, 2021

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN IMMIGRATION COUNCIL. Attorney Christopher James Asta terminated. (Walsh, John) (Entered: 04/26/2021)

RECAP
64 June 22, 2021

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 06/22/2021)

RECAP
65 June 29, 2021

ORDER: The parties shall submit a further Joint Status Report no later than 9/22/2021. Signed by Judge Royce C. Lamberth on 06/29/2021. (lcrcl3) (Entered: 06/29/2021)

RECAP
66 Sept. 22, 2021

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 09/22/2021)

RECAP
67 Sept. 23, 2021

ORDER: The parties shall submit a further Joint Status Report no later than 12/22/2021. Signed by Judge Royce C. Lamberth on 09/23/2021. (lcrcl3) (Entered: 09/23/2021)

RECAP
Sept. 23, 2021

Set/Reset Deadlines: Status Report due by 12/22/2021. (znbn)

Sept. 24, 2021

Set/Reset Deadlines

68 Dec. 22, 2021

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 12/22/2021)

RECAP
69 Dec. 23, 2021

ORDER: The parties shall submit a further Joint Status Report no later than 03/22/2022. Signed by Judge Royce C. Lamberth on 12/23/2021. (lcrcl1) (Entered: 12/23/2021)

RECAP
70 March 22, 2022

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 03/22/2022)

RECAP
71 April 12, 2022

ORDER: The parties shall submit a further Joint Status Report no later than 6/22/2022. Signed by Judge Royce C. Lamberth on 4/12/2022. (lcrcl3) (Entered: 04/12/2022)

RECAP
72 June 21, 2022

NOTICE of Appearance by Dedra Seibel Curteman on behalf of All Defendants (Curteman, Dedra) (Entered: 06/21/2022)

RECAP
73 June 22, 2022

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 06/22/2022)

RECAP
74 June 23, 2022

ORDER: The parties shall submit a further Joint Status Report no later than 9/22/2022. Signed by Judge Royce C. Lamberth on 6/22/2022. (lcrcl3) (Entered: 06/23/2022)

RECAP
June 23, 2022

RESOLVED.....NOTICE of Provisional Status re 73 Joint STATUS REPORT (Walsh, John).Your attorney renewal has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 6/30/2022. (znm) Modified on 6/23/2022 (znm).

June 23, 2022

Notice of Provisional/Government Not Certified Status

75 July 5, 2022

NOTICE OF WITHDRAWAL OF APPEARANCE as to U.S. CUSTOMS & BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT. Attorney Dedra Seibel Curteman terminated. (Curteman, Dedra) (Entered: 07/05/2022)

RECAP
76 Sept. 1, 2022

NOTICE OF SUBSTITUTION OF COUNSEL by Stephanie R. Johnson on behalf of U.S. CUSTOMS & BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION & CUSTOMS ENFORCEMENT Substituting for attorney Michael A. Tilghman, II (Johnson, Stephanie) (Entered: 09/01/2022)

RECAP
77 Sept. 22, 2022

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Walsh, John) (Entered: 09/22/2022)

RECAP
Sept. 23, 2022

MINUTE ORDER: The parties are hereby ORDERED to submit a further Joint Status Report no later than 12/22/2022. Signed by Judge Royce C. Lamberth on 09/23/2022 (lcrcl3)

Sept. 23, 2022

.Order

78 Dec. 22, 2022

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 12/22/2022)

1 Text of Proposed Order

View on PACER

RECAP
Jan. 3, 2023

MINUTE ORDER; Set/Reset Deadlines: The parties are hereby ORDERED to file a further Joint Status Report by 03/22/2023. Signed by Judge Royce C. Lamberth on 01/03/2023. (lcrcl3)

Jan. 3, 2023

~Util - Set/Reset Deadlines AND .Order

79 March 22, 2023

Joint STATUS REPORT by AMERICAN IMMIGRATION COUNCIL. (Attachments: # 1 Text of Proposed Order)(Walsh, John) (Entered: 03/22/2023)

RECAP
April 12, 2023

~Util - Set/Reset Deadlines AND .Order

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: June 27, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The American Immigration Council seeking the court to compel disclosure under FOIA.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Customs & Border Protection

U.S. Department of Homeland Security

U.S. Immigration & Customs Enforcement

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:18-cv-01531

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Required disclosure

Issues

General/Misc.:

Family reunification

Juveniles

Language access/needs

Pattern or Practice

Record-keeping

Records Disclosure

Discrimination Basis:

Immigration status

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures

Family Separation

Status/Classification

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

Policing:

Inadequate citizen complaint investigations and procedures

Recommended Citation