Filed Date: July 24, 2025
Case Ongoing
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This case challenges DHS’s failure to respond to Freedom of Information Act requests related to the Executive Order’s revival of the Alien Registration Act. On his first day of his second term, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion,” directing the Secretary of the U.S. Department of Homeland Security (DHS) to ensure that all previously unregistered non-citizens comply with the Alien Registration Act of 1940, also known as the Smith Act. The Act was used in the 1940s to compel millions of non-citizens to register and contributed to the internment of Japanese Americans during World War II, but has not been widely enforced since that time.
On March 12, 2025, DHS and U.S. Citizenship and Immigration Services (USCIS) published an interim final rule implementing the Registration Provision. Effective April 11, 2025, the rule introduced Form G-325R, which required non-citizens aged 14 or older who had not been registered and fingerprinted when applying for a visa and had remained in the United States for 30 days or more to register, with noncompliance possibly resulting in criminal penalties.
On July 24, 2025, American Oversight, a nonpartisan, non-profit organization focused on government transparency, filed this lawsuit in the U.S. District Court for the District of Columbia against DHS, USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement under the Freedom of Information Act (FOIA) and the Declaratory Judgement Act §§ 2201 and 2202.
Plaintiffs claimed that DHS, USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) failed to respond to FOIA requests submitted in February and April 2025 concerning the implementation of Executive Order 14159, thereby violating FOIA’s requirements for timely and adequate responses. Plaintiffs alleged that they received no records or final determinations in response to its requests. They argued that the agencies unlawfully withheld records regarding how the executive order and the Registration Provision were being enforced, particularly in connection with fingerprinting appointments at Application Support Centers where non-citizens could be detained.
Represented by in-house counsel, American Oversight sought declaratory and injunctive relief compelling the defendants to conduct adequate searches for responsive records, produce all non-exempt records, and provide indexes justifying any withholdings. They also sought declaratory relief.
On September 24, 2025, DHS and the other immigration agency-defendants answered the complaint filed by American Oversight. They asserted six defenses to American Oversight’s claims: lack of subject matter jurisdiction; exemption from producing records under the exceptions enumerated in FOIA; failure to “reasonably describe the records sought and imposes an undue burden”; violation of Rule 8(a)(2) by alleging information that is unnecessary to a “short and plain” statement of the claim; lack of entitlement to attorney's fees; and that plaintiffs are not entitled to declaratory relief.
The court ordered the parties meet and confer to file a joint status report by October 31, 2025. In the Status Report, Plaintiffs stated that “[t]he government shutdown has prevented the parties from meeting and conferring per the Court’s Order…. Once the shutdown ends, Plaintiff will endeavor to meet and confer with Defendants as soon as practicable.”
The case is ongoing.
Summary Authors
Victoria Tan (7/31/2025)
Madena Mustafa (11/2/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70903713/parties/american-oversight-v-us-department-of-homeland-security/
Martinez, Daniel Havlir (District of Columbia)
Stark, Loree (District of Columbia)
Bardo, John (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/70903713/american-oversight-v-us-department-of-homeland-security/
Last updated Jan. 17, 2026, 1:11 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: July 24, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
American Oversight, a nonpartisan, non-profit organization focused on government transparency
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Homeland Security (- United States (national) -), Federal
U.S. Customs and Border Protection (- United States (national) -), Federal
U.S. Immigration and Customs Enforcement (- United States (national) -), Federal
U.S. Citizenship and Immigration Services (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Declaratory Judgment Act, 28 U.S.C. § 2201
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
District of District of Columbia 1:25-cv-02390
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
General/Misc.: