Case: International Union, United Automobile, Aerospace and Agricultural Implement Workers of America v. United States Department of State

1:25-cv-08566 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 16, 2025

Case Ongoing

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Case Summary

This lawsuit challenges an interagency program (the “Challenged Surveillance Program”), which allegedly involves mass surveillance and public intimidation aimed at identifying and locating online expression the government disfavors. Jointly operated by the Department of Homeland Security (DHS) and the Department of State (State Department), the program is said to (i) intimidate lawfully present noncitizens by monitoring their online expression to identify disfavored viewpoints, and (ii) threate…

On October 16, 2025, the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”), along with two other labor unions, filed this lawsuit in the Southern District of New York against the DHS, the State Department, other federal agencies, and the leadership of each. The plaintiffs brought claims under the First Amendment and the Administrative Procedure Act (APA). They sought declaratory and injunctive relief, and attorneys’ fees. This case was assigned to Judge Alvin K. Hellerstein.

In their complaint, plaintiffs alleged that the defendants, through the Challenged Surveillance Program, violated the First Amendment by (i) surveilling and seeking to punish lawfully present noncitizens for disfavored viewpoints; (ii) coercively threatening Plaintiffs’ members to suppress their speech and association; (iii) infringing the right to privacy by requiring visa re-applicants lawfully present in the U.S. to make their social media profiles public and treating refusal as a negative factor; and (iv) imposing burdens on Plaintiffs’ and their members’ right to receive information from lawfully present noncitizen speakers. The plaintiffs also maintained that defendants violated the APA by (i) acting arbitrarily and capriciously in designing and implementing the Challenged Surveillance Program; (ii) acting in excess of statutory authority; and (iii) taking action contrary to law.

This case is ongoing.

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Summary Authors

Dahlia Gottlieb (12/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71666715/parties/international-union-united-automobile-aerospace-and-agricultural/

Judge(s)

Hellerstein, Alvin K. (New York)

Attorney for Plaintiff

Fakhimi, Golnaz (New York)

Langford, John (New York)

Livingston, Stacy (New York)

Raju, Tobin (New York)

Judge(s)

Hellerstein, Alvin K. (New York)

Attorney for Plaintiff

Fakhimi, Golnaz (New York)

Langford, John (New York)

Livingston, Stacy (New York)

Raju, Tobin (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-08566	Complaint	Oct. 16, 2025	Oct. 16, 2025 Complaint
15 1:25-cv-08566	Complaint	Oct. 17, 2025	Oct. 17, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71666715/international-union-united-automobile-aerospace-and-agricultural/

Last updated Dec. 8, 2025, 12:43 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-31858265)Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025 Clearinghouse
2	CIVIL COVER SHEET filed..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
3	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
4	REQUEST FOR ISSUANCE OF SUMMONS as to Marco Rubio, in his official capacity as Secretary of the U.S. Department of State, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
5	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
6	REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, in her official capacity as Secretary of the U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
7	REQUEST FOR ISSUANCE OF SUMMONS as to Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
8	REQUEST FOR ISSUANCE OF SUMMONS as to Todd Lyons, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
9	REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Service, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
10	REQUEST FOR ISSUANCE OF SUMMONS as to Joseph B. Edlow, in his official capacity as Director of U.S. Citizenship and Immigration Service, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
11	REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: 1 Complaint,. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Langford, John) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
12	NOTICE OF APPEARANCE by Tobin Raju on behalf of American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Raju, Tobin) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
13	NOTICE OF APPEARANCE by Stacy Livingston on behalf of American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW)..(Livingston, Stacy) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025 RECAP
14	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Golnaz Fakhimi on behalf of American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW).(Fakhimi, Golnaz) (Entered: 10/16/2025)	Oct. 16, 2025	Oct. 16, 2025
15	COMPLAINT against Joseph B. Edlow, Todd Lyons, Kristi Noem, Marco Rubio, United States Citizenship and Immigration Service, United States Department of Homeland Security, United States Department of State, United States Immigration and Customs Enforcement, United States of America. Document filed by American Federation of Teachers, Communications Workers of America, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America..(Langford, John) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025 Clearinghouse
16	ELECTRONIC SUMMONS ISSUED as to United States Department of State. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
17	ELECTRONIC SUMMONS ISSUED as to Marco Rubio. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
18	ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
19	ELECTRONIC SUMMONS ISSUED as to Kristi Noem. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
20	ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
21	ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Service. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
22	ELECTRONIC SUMMONS ISSUED as to Joseph B. Edlow. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
23	ELECTRONIC SUMMONS ISSUED as to Todd Lyons. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
24	ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General. (vf) (Entered: 10/17/2025)	Oct. 17, 2025	Oct. 17, 2025
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Langford. The party information for the following party/parties has been modified: International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Marco Rubio, Kristi Noem, Joseph B. Edlow, Todd Lyons. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf)	Oct. 17, 2025	Oct. 17, 2025
	Case Opening Initial Assignment Notice	Oct. 17, 2025	Oct. 17, 2025
	Notice to Attorney Regarding Deficient Pleading	Oct. 17, 2025	Oct. 17, 2025
	Notice to Attorney Regarding Party Modification	Oct. 17, 2025	Oct. 17, 2025
	***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Langford to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)	Oct. 17, 2025	Oct. 17, 2025
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)	Oct. 17, 2025	Oct. 17, 2025
	Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)	Oct. 17, 2025	Oct. 17, 2025
	Case Designated ECF. (vf)	Oct. 17, 2025	Oct. 17, 2025
25	Appear Pro Hac Vice	Nov. 17, 2025	Nov. 17, 2025
26	Order on Motion to Appear Pro Hac Vice	Nov. 18, 2025	Nov. 18, 2025
	Notice Regarding Pro Hac Vice Motion	Nov. 18, 2025	Nov. 18, 2025
28	Appear Pro Hac Vice	Nov. 19, 2025	Nov. 19, 2025
29	Order on Motion to Appear Pro Hac Vice	Nov. 20, 2025	Nov. 20, 2025
	Notice Regarding Pro Hac Vice Motion	Nov. 20, 2025	Nov. 20, 2025
30	Notice of Appearance	Nov. 26, 2025	Nov. 26, 2025
31	Appear Pro Hac Vice	Nov. 26, 2025	Nov. 26, 2025
32	Order on Motion to Appear Pro Hac Vice	Dec. 1, 2025	Dec. 1, 2025
	Notice Regarding Pro Hac Vice Motion	Dec. 1, 2025	Dec. 1, 2025