LexisNexis® Legal Newsroom
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...

Positive Decision on Segregability in FOIA Cases from D.D.C.

Rachel C. Zoghlin writes: "On July 30, 2015, after over two years of litigation, Judge John D. Bates of the U.S. District Court for the District of Columbia issued a highly-anticipated decision in the companion FOIA cases Mezerhane Gosen v. USCIS and Mezerhane de Schnapp v. USCIS. Nos. 13-1091...

CA7 on FOIA, H-1B Stats: Rubman v. USCIS

"H-1B visas allow U.S. companies to hire noncitizen workers with specialized skills. The United States Citizenship and Immigration Services (“CIS”), an agency within the Department of Homeland Security (“DHS”), is responsible for their issuance. David Rubman sent CIS a request...

CBP Must Meet FOIA Deadlines: Brown v. CBP

"Plaintiffs submitted Freedom of Information Act (“FOIA”) requests to defendants United States Customs and Border Protection and Department of Homeland Security (together, “CBP”) that have gone unanswered far beyond the deadline Congress mandated. They allege a single claim...

New DHS FOIA Documents Posted: Nov. 2, 2015

Records Related to Illegal Immigration Across the Southern Border of the U.S. Records Relating to Locations of Facilities for Unaccompanied Alien Children

#VisaGate2015 FOIA Request Filed

Bob Gibbs' FOIA request regarding October 2015 Visa Bulletin switch.

CBP Final Rule: FOIA Procedures

Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 - "This final rule amends the U.S. Customs and Border Protection (‘‘CBP’’) Freedom of Information Act (‘‘FOIA’’) regulations. Due to the transfer of CBP from the Department of the Treasury...

Private Immigration Prison Owners Ask Courts for Secrecy: Detention Watch Network v. ICE

CCR, Dec. 23, 2015 - "In a Freedom of Information Act (FOIA) case related to the federal immigration detention bed quota, advocates today pointed to the government’s inclusion of several affidavits from private prison corporations who are not parties to the case as evidence of undue corporate...

FOIA Lawsuit Filed Seeking Hutto Bond Data: Gilman v. ICE

Jazmine Ulloa, Austin American-Statesman, Dec. 30, 2015 - "As a national debate has simmered this year over the detention of immigrant families, a University of Texas law professor is seeking access to public records that she says could prove officials are setting higher bonds for women at the T...

PEP FOIA Lawsuit Filed: NDLON v. ICE

Adolfo Flores, Jan. 19, 2016 - "Three immigrant advocacy groups filed a lawsuit Tuesday against several federal agencies who failed to turn over information on a deportation program after the group filed repeated Freedom of Information Act requests. The lawsuit centers around information regarding...

Groups File Immigration 'Rocket Docket' FOIA Lawsuit Against Feds

CNS, Feb. 3, 2016 - "The Department of Justice makes it harder for vulnerable children and families to avoid deportation by hiding its priority immigration docketing policies from the public, the American Immigration Lawyers Association claims in court. Joined by three other legal groups, the AILA...