Saturday, May 26th, 2018

FOIA Victory in D.C. – American Immigration Council v. ICE

"Plaintiff American Immigration Council brought this action under the Freedom of Information Act seeking records on immigrants' access to legal counsel during their interactions with U.S. Immigration and Customs Enforcement authorities. Defendant ICE (a component of the Department of Homeland Security, the second Defendant) eventually produced nearly 8,000 pages of responsive records, withholding and partially redacting hundreds of pages.  In its suit, Plaintiff challenges the sufficiency of Defendants' search for responsive records, as well as the propriety of many of their withholdings.  Arguing they have complied with their obligations, Defendants now move for summary judgment on both issues.  As to the first, the Court concludes that an issue of material fact exists as to whether Defendants conducted a sufficiently exhaustive search to satisfy FOIA.  Having also reviewed Defendants' justifications for their various withholdings and having examined