Case: American Oversight v. U.S. Department of Homeland Security

1:26-cv-01968 | U.S. District Court for the District of District of Columbia

Filed Date: June 3, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves a request for documents from the Department of Homeland Security regarding the operations of two of its internal oversight offices. American Oversight, a nonprofit focused on government transparency and accountability, filed a lawsuit on June 3, 2026 in U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP). The complaint alleged violations of the Freedom of Information Act (FOIA) st…

This case involves a request for documents from the Department of Homeland Security regarding the operations of two of its internal oversight offices. American Oversight, a nonprofit focused on government transparency and accountability, filed a lawsuit on June 3, 2026 in U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP). The complaint alleged violations of the Freedom of Information Act (FOIA) stemming from the defendants' failure to respond to four FOIA requests American Oversight submitted in April 2026. The plaintiff asked the court to order DHS to conduct a reasonable search for the requested records, to release all non-exempt responsive documents within 20 days, and to provide an index justifying any withholdings. American Oversight also requested an injunction against the Department's continued failure to respond to its requests, and sought the costs of litigation. 

In March 2025, DHS announced that it planned to close two oversight offices: the Office of Civil Rights and Civil Liberties (CRCL) and the Office of Immigration Detention Ombudsman (OIDO). Though DHS later retained a small number of staff for these offices, American Oversight alleged that CRCL and OIDO had effectively ceased fulfilling their statutory responsibilities, including responding to civil rights complaints and addressing conditions in immigration detention facilities. The plaintiff further alleged that these failures contributed to ongoing risks, including deaths in custody.

In April 2026, American Oversight submitted four FOIA requests to DHS and CBP seeking records related to the operations and oversight activities of these offices. The first request sought information on the status of OIDO and CRCL investigations opened since March 21, 2025, while the second sought policies, procedures, and protocols governing those offices' handling of deaths in immigration custody. The third and fourth requests focused on CBP and DHS Office of Inspector General (OIG) records: the third pertained to deaths of individuals formerly in CBP custody, and the fourth addressed broader policies on deaths in immigration detention. Despite acknowledging receipt of the requests, DHS and CBP failed to provide any determinations, records, or further communication within the statutory timeframe. As of the filing date, American Oversight had not received any substantive response to its requests.

On June 4, 2026, the case was assigned to District Judge Loren AliKhan.

The case is ongoing.

 

Summary Authors

Trump2.0 Collection (6/14/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73435503/parties/american-oversight-v-us-department-of-homeland-security/


Attorney for Plaintiff

Martinez, Daniel Havlir (District of Columbia)

Sparks, Benjamin A. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01968

Complaint

June 3, 2026

June 3, 2026

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73435503/american-oversight-v-us-department-of-homeland-security/

Last updated Sept. 17, 2026, 3:21 a.m.

Docket for: AMERICAN OVERSIGHT v. U.S. DEPARTMENT OF HOMELAND SECURITY
ECF Number Date Description Link
1 June 3, 2026

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12463621) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons to USAO, # 7 Summons to USAG, # 8 Summons to CBP, # 9 Summons to DHS)(Sparks, Benjamin) (Entered: 06/03/2026)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Civil Cover Sheet

View on PACER

6 Summons to USAO

View on PACER

7 Summons to USAG

View on PACER

8 Summons to CBP

View on PACER

9 Summons to DHS

View on PACER

Clearinghouse
2 June 3, 2026

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Sparks, Benjamin) (Entered: 06/03/2026)

RECAP
3 June 4, 2026

SUMMONS (4) Issued Electronically as to U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/04/2026)

RECAP
4 June 4, 2026

NOTICE of Appearance by Daniel Havlir Martinez on behalf of AMERICAN OVERSIGHT (Martinez, Daniel) (Entered: 06/04/2026)

RECAP
June 4, 2026

Case Assigned/Reassigned

June 4, 2026

Case Assigned to Judge Loren L. AliKhan. (znmw)

5 June 18, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. CUSTOMS AND BORDER PROTECTION served on 6/8/2026; U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/8/2026 (Attachments: # 1 Declaration)(Martinez, Daniel) (Entered: 06/18/2026)

RECAP
6 June 18, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/8/2026., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2026. ( Answer due for ALL FEDERAL DEFENDANTS by 7/5/2026.) (See Docket Entry 5 to view document). (znmw) Modified on 6/22/2026 (znmw). (Entered: 06/22/2026)

RECAP
June 22, 2026

Summons Returned Executed as to U.S. Attorney General AND Summons Returned Executed in FOIA case as to U.S. Attorney

June 30, 2026

MINUTE ORDER: Upon consideration of Defendants' Consent Motion for an Extension of Time 8, it is hereby ORDERED that the motion is GRANTED and that Defendants shall respond to Plaintiff's Complaint 1 on or before July 27, 2026. Signed by Judge Loren L. AliKhan on 06/30/2026. (lclla3)

Aug. 24, 2026

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 12, it is hereby ORDERED that the parties shall file another joint status report on or before October 23, 2026, updating the court on the status of Plaintiff's FOIA requests. Signed by Judge Loren L. AliKhan on 08/24/2026. (lclla3)

Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 3, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit organization that seeks to promote transparency in government through public records requests

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

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 1:26-cv-01968

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Document/Information

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Incident/accident reporting & investigations

Neglect by staff

Records Disclosure

Immigration/Border:

Detention - conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Grievance procedures

Recommended Citation