LexisNexis® Legal Newsroom
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...

NJIC Sues DHS, ICE for PEP FOIA Disclosure

NJIC, Feb. 8, 2016 - "Heartland Alliance’s National Immigrant Justice Center (NIJC) filed a federal lawsuit today in the U.S. District Court for the District of Columbia demanding that the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) release data...

In FOIA Litigation, DOJ Calls Immigration Judges "Low-Level Employees"

Josh Gerstein, Politico, Feb. 18, 2016 - "A federal appeals court is wrestling with the question of whether the government should be forced to make public the names of immigration judges accused of misconduct either on or off the job. A three-judge panel of the D.C. Circuit heard arguments for nearly...

News Excerpts From the April 1, 2016, Bender’s Immigration Bulletin

H-1B FY 2017 Cap Season Begins April 1 | USCIS will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap on April 1, 2016. The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree...

Advance Copy of DOS Final Rule re FOIA/PA

FR Doc. 2016-07900 Filed: 4/5/2016 8:45 am; Publication Date: 4/6/2016 - "The Department of State (the Department) finalizes its revisions to its regulations implementing the Freedom of Information Act (FOIA) and the Privacy Act. The final rule reflects changes in FOIA and other statutes and consequent...

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California...

H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS

Rubman v. USCIS, May 25, 2016, Joint Stipulation of Dismissal -"1. Defendants agree to continue processing their response to Mr. Rubman’s May 10, 2012, FOIA request, which is assigned USCIS case number COW2012000535, in good faith and in accordance with the parties’ prior agreement,...

FOIA Lawsuit Filed Against CBP: AIC v. DHS

AIC, June 6, 2016 - "Two years ago, the American Immigration Council released an analysis of data it had obtained from the Department of Homeland Security detailing an utter lack of responsiveness to complaints filed against agents employed by United States Border Patrol. In fact, the report, No...

DC Circ. on FOIA: Bayala v. DHS

Bayala v. DHS, June 28, 2016 - "Florent Bayala filed a Freedom of Information Act (“FOIA”) lawsuit when the Department of Homeland Security failed to disclose many of the immigration documents he had requested and gave no particularized explanation for its withholding decision. Shortly...

FOIA Improvement Act of 2016 Signed into Law

DOJ, July 30, 2016 - "The FOIA Improvement Act of 2016 contains several substantive and procedural amendments to the FOIA, as well as new reporting requirements for agencies. In order to assist agencies in understanding all of the new changes to the FOIA, OIP has added two new resources to its website...

FOIA Changes Afoot - OIP Guidance

DOJ OIP, July 18, 2016 - "On June 30, 2016, President Obama signed into law the FOIA Improvement Act of 2016, Pub. L. No. 114-185, 130 Stat. 538, which contains several substantive and procedural amendments to the FOIA. OIP has prepared a summary of the amendments as well as a redlined version of...