Filed Date: July 24, 2025
Case Ongoing
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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 noncitizens 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 noncitizens to register and contributed to the internment of Japanese Americans during World War II. The Registration Provision of the Act has not been widely enforced since that time. This case challenges DHS’s failure to respond to Freedom of Information Act requests related to the order’s revival of the Alien Registration Act.
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 noncitizens 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)
Plaintiffs claimed that DHS and its components 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 noncitizens could be detained.
Represented by in-house counsel, American Oversight sought an order compelling the defendants to conduct adequate searches for responsive records, produce all non-exempt records, and provide indexes justifying any withholdings.
The case is ongoing.
Summary Authors
Victoria Tan (7/31/2025)
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)
See docket on RECAP: https://www.courtlistener.com/docket/70903713/american-oversight-v-us-department-of-homeland-security/
Last updated Aug. 21, 2025, 11:55 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Trump Administration 1.0 & 2.0 FOIA cases
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (FOIA)
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
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.: