Filed Date: Nov. 8, 2011
Closed Date: 2015
Clearinghouse coding complete
On November 8, 2011, the American Immigration Council (AIC), an immigrant rights advocacy organization, filed this lawsuit against the U.S. Department of Homeland Security (DHS) in the U.S. District Court for the District of Columbia. AIC sued under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706. The complaint sought declaratory and injunctive relief, claiming that DHS had failed to make a reasonable search for and disclosure of requested documents concerning individuals' access to legal counsel during their interactions with U.S. Customs and Border Protection (CBP). (That same day, AIC filed a similar lawsuit relating to a similar records request made to a different DHS component, U.S. Citizenship and Immigration Services. For information on that one, see American Immigration Council v. U.S. Department of Homeland Security.)
DHS moved for summary judgment, but withdrew the motion voluntarily several months later. On May 22, 2012, DHS filed a consent motion that set out a schedule for a rolling production of responsive documents over a period of between six and nine months, with monthly status reports to the court. Following this period, the parties agreed to consult regarding a renewed briefing schedule.
For more than a year, DHS produced documents on a rolling basis. At the August 27, 2013, status conference, the parties identified nine documents that remained at issue. AIC requested that DHS release four of the nine documents and in exchange, AIC would forego challenges to the exemptions asserted by the defendants in the remaining five documents.
On September 10, 2013, DHS determined that it could not release the four documents in full. A briefing schedule was therefore set. On November 5, 2013, DHS filed a motion for summary judgment and argued that withholding those four documents were appropriate under FOIA Exemption 7, which protects certain information that could be expected to risk circumvention of the law when disclosed.
On February 25, 2014, the district court (Judge James E. Boasberg) decided that an in camera (in chambers) review of the documents in question was necessary and ordered DHS to produce redacted and unredacted copies of the disputed records. On March 21, 2014, Judge Boasberg granted the defendants’ motion for summary judgment after because the in camera review of the documents convinced the court that DHS had a better argument, albeit the thin applicability of the claimed exemptions. The court agreed with DHS that each of the withheld records has a “rational nexus” to the agency’s law enforcement duties, including the prevention of terrorism and unlawful immigration. The documents therefore fell under Exemption 7 of FOIA. As a result, the court granted DHS's summary judgment for Documents 1 through 6 and dismissed as moot AIC's claim regarding Document 7.
On August 29, 2014, AIC filed a motion to set a schedule regarding plaintiff’s attorneys' fees, which the court granted on September 24, 2014. In its motion for attorneys' fees and costs on October 17, 2014, AIC mainly argued for fees and costs because DHS voluntarily and unilaterally changed its position, and that AIC was entitled to reasonable attorneys’ fees and costs because it substantially prevailed under FOIA. AIC also argued that the fees and costs sought were reasonable and that AIC was entitled to those fees because it met all four factors for entitlement: (1) the public benefited from plaintiff’s request, (2) plaintiff derived no commercial benefit from its request, (3) nature of plaintiff’s interest in the information supported award of fees, and (3) defendant’s conduct was not reasonable. On March 10, 2015, Judge Boasberg awarded fees and costs in the total amount of $82,513.42 out of the $131,100.21 that the plaintiff originally sought.
The case is now closed.
Summary Authors
Elizabeth Daligga (7/23/2012)
Jennifer Bronson (11/25/2013)
MJ Koo (4/9/2017)
American Immigration Council v. U.S. Department of Homeland Security, District of Columbia (2011)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4211397/parties/american-immigration-council-v-united-states-department-of-homeland/
Adams, Matt (District of Columbia)
Abel, Charlotte A. (District of Columbia)
Adebonojo, Kenneth A. (District of Columbia)
BECK, GILL P. (District of Columbia)
Bianco, Anthony Daniel (District of Columbia)
Boasberg, James Emanuel (District of Columbia)
Adams, Matt (District of Columbia)
Borum, Marian L. (District of Columbia)
Coleman, Brian Arthur (District of Columbia)
Crow, Melissa E. (District of Columbia)
Epner, Justin (District of Columbia)
Grant, Michelle S. (Minnesota)
Hartman, Gerald S. (District of Columbia)
Jauss, Frederick G. (District of Columbia)
Macleod-Ball, Kristin (District of Columbia)
Magid, Creighton R. (District of Columbia)
Mircheff, Alexander K. (District of Columbia)
Realmuto, Trina Ann (District of Columbia)
Starnes, Thomas Eliot (District of Columbia)
Abel, Charlotte A. (District of Columbia)
Adebonojo, Kenneth A. (District of Columbia)
BECK, GILL P. (District of Columbia)
Bianco, Anthony Daniel (District of Columbia)
Borson, Joseph Evan (District of Columbia)
Braswell, Marina Utgoff (District of Columbia)
Campbell, Rhonda Lisa (District of Columbia)
Caplen, Robert Aaron (District of Columbia)
Cohen, Jason Todd (District of Columbia)
Coles-Huff, Doris Denise (District of Columbia)
DARROW, JOSEPH ANTON (District of Columbia)
DAUENHEIMER, DAVID EDWARD (District of Columbia)
Dawgert, Jessica (District of Columbia)
DiLauro, Michael Anthony (District of Columbia)
Field, Brian J. (District of Columbia)
Fishman, Dillon Ariel (District of Columbia)
FORNEY, GEOFFREY (District of Columbia)
Gavoor, Aram A. (District of Columbia)
Girdharry, Glenn M. (District of Columbia)
Glass, David Michael (District of Columbia)
Gostin, Kieran Gavin (District of Columbia)
Graham-Oliver, Heather D. (District of Columbia)
Grauman, Jesse Z. (District of Columbia)
Guzman, Javier M. (District of Columbia)
Haas, Alexander Kenneth (District of Columbia)
Hammond, Derek S. (District of Columbia)
Harris, Julie Straus (District of Columbia)
Holloway, Tammy Allison (District of Columbia)
Hudak, Brian P. (District of Columbia)
Kelly, Wynne Patrick (District of Columbia)
Kishore, Deepthy (District of Columbia)
Kisor, Colin Abbott (District of Columbia)
Kolsky, Joshua M. (District of Columbia)
Lee, Lynn Yuhee (District of Columbia)
Lee, Jennifer Joy (District of Columbia)
LONEGAN, BRYAN K. (District of Columbia)
Machen, Ronald C (District of Columbia)
McBride, Patricia K. (District of Columbia)
Mead, Joseph Wilfred (District of Columbia)
Nebeker, William Mark (District of Columbia)
Perez, Elianis N. (District of Columbia)
Peterson, Benton Gregory (District of Columbia)
Press, Joshua Samuel (District of Columbia)
REUVENI, EREZ (District of Columbia)
Richards, Debra G. (District of Columbia)
Ross, Carl Ezekiel (District of Columbia)
Roth, Dena Michal (District of Columbia)
SADLOWSKI, CAROLINE A. (District of Columbia)
Schaefer, Daniel Patrick (District of Columbia)
Sealls, Kenneth Elliot (District of Columbia)
Sheffield, Carlton Frederick (District of Columbia)
Simon, Jeremy S. (District of Columbia)
Smith, Peter S. (District of Columbia)
Sokolower, Heather G. (District of Columbia)
Soskin, Eric J. (District of Columbia)
Sowles, Marcia Kay (District of Columbia)
Theis, John Kenneth (District of Columbia)
Tilghman, Michael A. (District of Columbia)
Truong, John Cuong (District of Columbia)
Vanhorn, Daniel F. (District of Columbia)
Van Horn, Daniel F (District of Columbia)
Verdi, John Arthur (District of Columbia)
Voltaire, Jean-Michel (District of Columbia)
Vuong, Sarah Lake (District of Columbia)
Walker, Johnny Hillary (District of Columbia)
Wechsler, Peter T. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4211397/american-immigration-council-v-united-states-department-of-homeland/
Last updated April 12, 2024, 3:13 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 8, 2011
Closing Date: 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Non-profit organization dedicated to immigration policy and law advocacy
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Homeland Security, Federal
U.S. Customs and Border Protection, Federal
Defendant Type(s):
Case Details
Causes of Action:
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $82,513.42
Issues
General:
Access to lawyers or judicial system
Immigration/Border: