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Immigration Law

FOIA Victory: Brennan Center v. ICE

Brennan Center v. ICE

"Now before the Court are the parties' cross motions
for summary judgment. See ECF Nos. 15, 18. Two
issues remain in dispute: (1) whether the search
ICE conducted was adequate, and (2) whether ICE
properly withheld several sections of a requested
handbook pursuant to FOIA Exemption 7(E). As
set forth in further detail below, the Court finds that
ICE's search was inadequate and orders ICE to
conduct a new search. The Court also finds that
while ICE properly withheld some sections [*4]
under FOIA Exemption 7 (E), other sections were
not properly withheld under Exemption 7 (E).
Accordingly, the Court grants partial summary
judgment in favor of the Brennan Center, on the
grounds that ICE's search was inadequate and that
Sections 7.18, 11.6, 12.1, 12.2, 12.4, 12.5, and 12.7
of the National Security Investigation ("NSI")
Handbook were not properly withheld under FOIA
Exemption 7 (E); and grants partial summary
judgment in favor of ICE, on the ground that
Sections 7.2, 7.4, 11.3, and 11.4 of the NSI
Handbook were properly withheld under FOIA
Exemption 7(E)."

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