Case: East Bay Sanctuary Covenant v. United States Citizenship And Immigration Services
3:26-cv-06367 | U.S. District Court for the Northern District of California
Filed Date: June 25, 2026
Case Ongoing
Clearinghouse coding complete
Case Summary
This is a case seeking to compel U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) to provide records requested under the Freedom of Information Act (FOIA) regarding a recent delay in processing Deferred Action for Childhood Arrivals (DACA) grant renewal requests.
On June 25, 2026, the East Bay Sanctuary Covenant (EBSC) and the Immigration Institute of the Bay Area (IIBA) filed this lawsuit in the U.S. District Court for the Northern District of California. They sued ICE and USCIS under FOIA and 6 CFR § 5.5(e)(4) (DHS regulation regarding expedited FOIA requests). Since November 2025, DACA recipients have reported severe delays in processing their renewal requests. As a result, many DACA recipients have had their grants lapse, which has caused many to lose their jobs and the ability to structure their lives.
Seeking information about the delays, the plaintiffs made a FOIA request on May 7, 2026, seeking two categories of records: 1) internal policies, guidance, and communications regarding DACA renewal requests and Employment Authorization Document (EAD) renewal requests, and 2) records relating to request processing, such as average processing times, numbers of resolved and pending requests, and the average number of days requests remained pending with USCIS. The plaintiffs requested expedited processing and a fee waiver, claiming that the delays have been the subject of extensive media coverage and public interest and that the request was noncommercial.
On June 15, 2026, USCIS denied the request for expedited processing but granted the fee waiver. ICE, as of June 25, 2026, had not acknowledged or responded to the FOIA request and neither defendant had informed the plaintiffs of whether or not they would comply with the FOIA request.
The plaintiffs, represented by private counsel, claimed that USCIS and ICE’s failures to respond to the FOIA request within 30 days and make reasonable efforts to search for the requested records violated FOIA, that their failure to grant expedited processing violated 6 CFR § 5.5(e)(4), and that ICE’s failure to grant a fee waiver violated FOIA. The plaintiffs sought a declaratory judgment, an injunction compelling the defendants to produce the requested records, and attorneys’ fees and costs.
The case was assigned to Magistrate Judge Sallie Kim.
The case is ongoing.
Summary Authors
Sam Black (7/27/2026)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73535388/parties/east-bay-sanctuary-covenant-v-united-states-citizenship-and-immigration/
Kim, Sallie (California)
Krislov, Zachary (California)
Li, Hillary (California)
Overvold, Leif Eric (California)
Pincus, Andrew John (California)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/73535388/east-bay-sanctuary-covenant-v-united-states-citizenship-and-immigration/
Last updated Sept. 28, 2026, 3:12 a.m.
Docket for: East Bay Sanctuary Covenant v. United States Citizenship And Immigration Services
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: June 25, 2026
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs East Bay Sanctuary Covenant (EBSC) and Immigration Institute of the Bay Area (IIBA) are nonprofit organizations providing legal services to noncitizens.
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
Federal
United States Citizenship and Immigration Services
United States Immigration and Customs Enforcement
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Other Dockets:
Northern District of California 3:26-cv-06367
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Immigration/Border:
DACA (Deferred Action for Childhood Arrivals)
Presidential/Gubernatorial Authority:
Case Summary of East Bay Sanctuary Covenant v. United States Citizenship And Immigration Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48321/ (last updated 7/27/2026).