LexisNexis® Legal Newsroom
ACLU Sues DHS for Records on Checkpoints, Roving Patrols

"The ACLU of Arizona and two University of Arizona law professors filed a public information lawsuit today against the U.S. Department of Homeland Security for records relating to U.S. Border Patrol’s interior enforcement operations in southern Arizona. DHS has completely ignored two requests...

No Action Taken: Lack of CBP Accountability in Responding to Complaints of Abuse

"Data obtained by the American Immigration Council shine a light on the lack of accountability and transparency which afflicts the U.S. Border Patrol and its parent agency, U.S. Customs and Border Protection (CBP). The data, which the Immigration Council acquired through a Freedom of Information...

E-Mail from CBP FOIA re New Website for I-94 and Travel History Retrieval

"From: CBP FOIA [mailto: CBPFOIA@cbp.dhs.gov ] Sent: Tuesday, May 06, 2014 3:32 PM Subject: Message from CBP FOIA - CBP Announces new Website for I-94 and travel history retrieval To: Freedom of Information Act (FOIA) Requesters From: U.S. Customs and Border Protection (CBP) FOIA Office This message...

DHS and Private Prisons Refuse to Release Records on Dollar Per Day Wages Paid to ICE Prisoners; FOIA Lawsuit Filed

"The last year I've been conducting research on the legality of ICE contracts authorizing private prisons to meet performance goals by paying one dollar per day to the people they're locking up. ICE is not forthcoming about the program and it has not responded to my FOIA requests submitted...

USCIS SOPs from Gluckman FOIA

David E. Gluckman writes: "I filed a FOIA with USCIS for updated SOPs on various application forms. I received the response , which includes updated SOPs on I-485, I-90, and I-765 processing. Lots of interesting stuff, including several mentions of CARRP in the I-485 SOPs." - [IMPORTANT! -...

News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

TRAC Sues DHS Over FOIA Classification

" TRAC co-directors Susan B. Long and David Burnham have filed a lawsuit alleging that the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) violated the Freedom of Information Act (FOIA) by blocking their access to data. Long and Burnham say ICE unfairly classified...

DOS Releases Asylum Country Profiles to Settle FOIA Lawsuit

CATHOLIC CHARITIES OF WASHINGTON DC IS PLEASED TO ANNOUNCE THAT THE DEPARTMENT OF STATE RELEASES 15 “ASYLUM COUNTRY PROFILES” TO SETTLE A FOIA LAWSUIT On June 16, 2014 David L. Cleveland wrote: "The Department of State recently released 15 “Asylum Country Profiles” to...

Initial Asylum-Related FOIA Victory in D.C.: Mezerhane de Schnapp v. USCIS

Sandra Grossman and Rachel Zoghlin write: "On July 18, 2014, U.S. District Court Judge John D. Bates ordered USCIS to produce to the Court unredacted copies of all disputed documents remaining at issue in long-pending asylum-related litigation under the Freedom of Information Act (FOIA), 5 USC Section...

USCIS FOIA Stakeholder Meeting Wednesday, Aug. 20, 2014,1:30 to 3:30 p.m. (Eastern)

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder engagement on Wednesday, Aug. 20, 2014, from 1:30 to 3:30 p.m. (Eastern) to discuss the agency’s Freedom of Information Act (FOIA) program. During this engagement, representatives from the USCIS...

Partial FOIA Victory - US District Court for the District of Columbia

Sandra Grossman writes: "On September 9, 2014, after previously ordering in-camera review of withheld documents, Judge Bates of the U.S. District Court for the District of Columbia denied Defendant USCIS's Motion for Summary Judgment in a case addressing the withholding of responsive records...

Strategic Use of Expedited Removal Authority - 2011 ICE Memo

Thanks to a FOIA request filed for LexisNexis by Steve Yale-Loehr , this April 5, 2011 ICE memo has been uncovered. ICE Policy # 11009.1 April 5, 2011

Advocates to Reveal Policies at Artesia Immigration Jail for Moms, Kids

"Immigrant rights advocates today filed Freedom of Information Act (FOIA) litigation to compel the release of documents regarding the federal government’s use of the expedited removal process against families with children, including those detained at the government’s family detention...

More Documents from PERM FOIA Litigation (Gluckman v. DOL)

Jonathan Moore writes: "David Gluckman and I wanted to pass along two additional documents that were produced in the Gluckman v. DOL PERM FOIA litigation (prior posts here and here ). Specifically, these two documents are directives from November 2009 from William Carlson, Administrator of the Office...

CBP Restrictions on Access to Counsel: American Immigration Council

"Over the last several years, AILA members have consistently reported that U.S. Customs and Border Protection (CBP) officers routinely stymie their efforts to provide legal representation to clients during CBP encounters, often without a clear explanation of the policies underlying the decision...

FOIA Lawsuit Against CBP Seeks Ohio Profiling Records

"This week students from Ohio State University’s Civil Law Clinic and the Ohio legal services group Advocates for Basic Legal Equality, Inc. (ABLE) jointly sued the Border Patrol in a continued attempt to gather documents about the agency’s immigration policing practices in northern...

Identities of Immigration Judges Shielded in FOIA Litigation: AILA v. EOIR

"The conduct of the nation’s immigration judges has been the focus of considerable public concern in recent years. Seeking to shed additional light on this important issue, the American Immigration Lawyers Association (“AILA”) filed a Freedom of Information Act (“FOIA”...

$82K in Attorney's Fees Awarded to AIC in FOIA Lawsuit: AIC v. DHS

"A D.C. federal judge on Tuesday awarded the American Immigration Council about $80,000 in attorneys’ fees after it prevailed in its bid to get the Department of Homeland Security to turn over information about noncitizens' access to counsel during their interactions with federal immigration...

Groups File Lawsuit Challenging Failures of CBP to Respond to FOIA Requests

"Yesterday, a class action lawsuit was filed by three immigration attorneys and eleven noncitizens challenging U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for case information under the Freedom of Information Act (FOIA). FOIA gives...

DHS Struggles Under FOIA Backlog

"The U.S. Department of Homeland Security is struggling to keep up with a record-breaking number of open-records requests under the Freedom of Information Act in 2014, a vast majority of which dealt with immigration-related records, according to [an April 8, 2015] report . The DHS said it received...

Immigration Attys Sue CBP Over 'Sluggish' FOIA Responses

"U.S. Customs and Border Protection is violating federal laws and stymieing immigration relief petitions by routinely failing to timely respond to Freedom of Information Act requests, immigration lawyers and noncitizens contended Wednesday in their amended putative class action. The plaintiffs...

Immigration Attys Say DOJ Isn't Complying With FOIA Request

"The American Immigration Lawyers Association on Thursday urged a D.C. federal court to enforce an order that the Executive Office for Immigration Review must turn over documents related to AILA’s request for information on complaints against immigration judges, saying the government is shirking...

From AILA: USCIS Provides I-601 and I-601A Statistics for FY2010 - FY2015

"USCIS provided statistics on approval rate, denial rate, and RFE rate for Forms I-601 and Forms I-601A, for FY2010 through FY2015. Information was provided in response to an AILA FOIA. The highlights: Since FY2010 thru January of FY2015, the average approval rate for I-601s is 79.6% and...

USCIS Agrees To Pay NY Atty $47K In Fees To End FOIA Fight

Law360, May 29, 2015 - "U.S. Citizenship and Immigration Services has agreed to pay a New York immigration attorney more than $47,000 in attorneys' fees , ending a yearslong fight over Freedom of Information Act requests, according to a court order made available Thursday. U.S. Magistrate...

DHS Proposes to Amend FOIA Regs - July 29, 2015 NPRM

"This rule proposes to amend the Department of Homeland Security’s (DHS) regulations under the Freedom of Information Act (FOIA). The Department (DHS) is proposing to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments...