U.S. District Court District of Connecticut (New Haven) CIVIL DOCKET FOR CASE #: 3:17−cv−01061−RMS

EFILE

Council on American−Islamic Relations − Connecticut et al v. US Citizenship and Immigration Services et al Assigned to: Judge Robert M. Spector Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 06/27/2017 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

Council on American−Islamic Relations − Connecticut

represented by Adam Taylor Bates International Refugee Assistance Project One Battery Park Plaza Fourth Floor New York, NY 10004 405−473−1936 Fax: 929−999−8119 Email: abates@refugeerights.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Esther Sung Justice Action Center P.O. Box 27280 Los Angeles, CA 90027 713−560−7518 Email: esther.sung@justiceactioncenter.org TERMINATED: 09/18/2019 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Justin B. Cox International Refugee Assistance Project PO BOX 170208 Atlanta, GA 30317 516−701−4233 Fax: 212−533−4598 Email: jcox@refugeerights.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Karen C. Tumlin Justice Action Center P.O. Box 27280 Los Angeles, CA 90027 323−316−0944 Email: karen.tumlin@justiceactioncenter.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mariko Hirose International Refugee Assistance Project, Inc. One Battery Park Plaza 4th Floor New York, NY 10004 516−701−4620 Email: mhirose@refugeerights.org

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Keaney International Refugee Assistance Project PO Box 2291 Fair Oaks, CA 95628 916−546−6125 Email: mkeaney@refugeerights.org TERMINATED: 05/30/2019 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Muneer I. Ahmad Jerome N. Frank Legal Services − Wall St Yale Law School 127 Wall Street New Haven, CT 06511 202−432−4800 Fax: 202−432−1426 Email: muneer.ahmad@yale.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Espiritu National Immigration Law Center 3450 Wilshire Boulevard #108−62 Los Angeles, CA 90010 213−639−3900 Fax: 213−639−3911 Email: espiritu@nilc.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Stephen Poellot International Refugee Assistance Project 1 Battery Park Plaza, 4th Floor New York, NY 10004 516−701−4666 Email: spoellot@refugeerights.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joshua T. Stehlik National Immigration Law Center 3450 Wilshire Boulevard #108−62 Los Angeles, CA 90010 213−639−3900 Fax: 213−639−3911 Email: stehlik@nilc.org ATTORNEY TO BE NOTICED
Linda B. Evarts International Refugee Assistance Project One Battery Park Plaza, 4th Floor New York, NY 10004 516−838−1655 Fax: 929−999−8119 Email: levarts@refugeerights.org ATTORNEY TO BE NOTICED

Plaintiff Make the Road New York

Michael J. Wishnie Jerome N. Frank Legal Services − Wall St Yale Law School 127 Wall Street New Haven, CT 06511 203−432−4800 Fax: 203−432−1426 Email: michael.wishnie@ylsclinics.org ATTORNEY TO BE NOTICED
Reena Parikh Yale Law School 133 Wall Street Jerome N. Frank Legal Services Organization New Haven, CT 06511 203−432−4800 Email: reena.parikh@ylsclinics.org ATTORNEY TO BE NOTICED
represented by Adam Taylor Bates (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Sung (See above for address) TERMINATED: 09/18/2019 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Justin B. Cox (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Karen C. Tumlin (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mariko Hirose (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Keaney (See above for address) TERMINATED: 05/30/2019 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Muneer I. Ahmad (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nicholas Espiritu

(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Stephen Poellot (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joshua T. Stehlik (See above for address) ATTORNEY TO BE NOTICED
Linda B. Evarts (See above for address) ATTORNEY TO BE NOTICED
Michael J. Wishnie (See above for address) ATTORNEY TO BE NOTICED
Reena Parikh (See above for address) ATTORNEY TO BE NOTICED

V. Defendant US Citizenship and Immigration Services
Defendant U.S. Customs and Border Protection
Defendant U.S. Department of State

represented by Michael L. Drezner DOJ−Civ 1100 L. St. NW Room 12210 Washington, DC 20005 202−514−4505 Email: michael.l.drezner@usdoj.gov ATTORNEY TO BE NOTICED
represented by Michael L. Drezner (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Drezner (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/27/2017
06/27/2017 06/27/2017

# Docket Text
1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205−4448842.), filed by Council on American−Islamic Relations − Connecticut, Make the Road New York.(Ahmad, Muneer) Modified on 6/27/2017 (Walker, A). (Entered: 06/27/2017)
Judge Alfred V. Covello added. (Anastasio, F.) (Entered: 06/27/2017)
2 ELECTRONIC FILING ORDER − PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Alfred V. Covello on 6/27/2017.(Hushin, Z.) (Entered: 06/28/2017)

06/28/2017
06/29/2017 07/12/2017 07/13/2017
07/14/2017 07/14/2017
08/08/2017 08/08/2017 08/10/2017 09/08/2017 09/12/2017 09/18/2017
09/18/2017
09/18/2017

3 NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 1 Complaint filed by Council on American−Islamic Relations − Connecticut, Make the Road New York Signed by Clerk on 6/28/2017.(Hushin, Z.) (Entered: 06/28/2017)
4 EXHIBIT A−I by Council on American−Islamic Relations − Connecticut, Make the Road New York re 1 Complaint. (Ahmad, Muneer) (Entered: 06/29/2017)
Request for Clerk to issue summons as to All Defendants. (Ahmad, Muneer) (Entered: 07/12/2017)
5 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services* with answer to complaint due within *30* days. Attorney *Muneer I. Ahmad* *Jerome N. Frank Legal Services − Wall St − Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Hushin, Z.) (Entered: 07/13/2017)
6 NOTICE of Appearance by Michael J. Wishnie on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Wishnie, Michael) (Entered: 07/14/2017)
7 SUMMONS Returned Executed by Council on American−Islamic Relations − Connecticut, Make the Road New York. U.S. Customs and Border Protection served on 7/14/2017, answer due 8/13/2017; U.S. Department of State served on 7/14/2017, answer due 8/13/2017; US Citizenship and Immigration Services served on 7/14/2017, answer due 8/13/2017. (Ahmad, Muneer) (Entered: 07/14/2017)
8 NOTICE of Appearance by Michael L. Drezner on behalf of U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services (Drezner, Michael) (Entered: 08/08/2017)
9 Consent MOTION for Extension of Time until September 13, 2017to Respond to Plaintiffs' Complaint by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/08/2017)
10 ORDER granting 9 motion for extension of time. The time for the defendants to respond to the plaintiffs' complaint is extended to and including September 13, 2017. Signed by Judge Alfred V. Covello on August 10, 2017. (Modzelewski, C.) (Entered: 08/10/2017)
11 Consent MOTION for Extension of Time until October 13, 2017to Respond to Plaintiffs' Complaint by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 09/08/2017)
12 ORDER granting 11 motion for extension of time. The time for the defendants to respond to the plaintiffs' complaint is extended to and including October 13, 2017. Signed by Judge Alfred V. Covello on September 12, 2017. (Modzelewski, C.) (Entered: 09/12/2017)
13 MOTION for Attorney(s) Justin B. Cox to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4536777) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing, # 3 Affidavit)(Ahmad, Muneer) (Entered: 09/18/2017)
14 MOTION for Attorney(s) Mariko Hirose to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4536831) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing)(Ahmad, Muneer) (Entered: 09/18/2017)
15 MOTION for Attorney(s) Stephen Poellot to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4536844) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Exhibit Certificate of Good Standing)(Ahmad, Muneer) (Entered:

09/19/2017 09/19/2017 09/19/2017 09/19/2017 09/28/2017 10/02/2017 10/04/2017 10/10/2017 10/11/2017
11/04/2017 11/09/2017 11/13/2017 12/01/2017

09/18/2017)
16 MOTION for Attorney(s) 1 to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4538798) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of standing, # 3 Text of Proposed Order)(Ahmad, Muneer) (Entered: 09/19/2017)
17 MOTION for Attorney(s) Esther Sung to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4538799) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of standing, # 3 Text of Proposed Order)(Ahmad, Muneer) (Entered: 09/19/2017)
18 MOTION for Attorney(s) Melissa Keaney to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4538800) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of standing, # 3 Text of Proposed Order)(Ahmad, Muneer) (Entered: 09/19/2017)
19 MOTION for Attorney(s) Nicholas Espiritu to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−4538801) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of standing, # 3 Text of Proposed Order)(Ahmad, Muneer) (Entered: 09/19/2017)
20 ORDER granting 13 motion to appear; granting 14 motion to appear; granting 15 motion to appear; granting 16 motion to appear; granting 17 motion to appear; granting 18 motion to appear; granting 19 motion to appear Certificate of Good Standing due by 11/27/2017. Signed by Judge Alfred V. Covello on 09/28/17. (Covello, Alfred) (Entered: 09/28/2017)
21 NOTICE of Appearance by Mariko Hirose on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Hirose, Mariko) (Entered: 10/02/2017)
22 NOTICE of Appearance by Stephen Poellot on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Poellot, Stephen) (Entered: 10/04/2017)
23 MOTION for Extension of Time and Entry of Briefing Schedule by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 10/10/2017)
24 ORDER granting in part and denying in part 23 motion for extension of time. The time for the defendants to respond to the plaintiffs' complaint is hereby extended to and including November 17, 2017. The defendants' motion is denied in all other respects. The response and reply, if any, shall be filed in accordance with the federal and local rules of civil procedure. Signed by Judge Alfred V. Covello on October 11, 2017. (Kontyko, K.) (Entered: 10/11/2017)
Answer deadline updated for All Defendants. The time for the defendants to respond to the plaintiffs' complaint is hereby extended to and including November 17, 2017 (Alexander, R.) (Entered: 11/04/2017)
25 Joint MOTION to Stay Briefing Schedule by Council on American−Islamic Relations − Connecticut, Make the Road New York.Responses due by 11/30/2017 (Attachments: # 1 Text of Proposed Order)(Ahmad, Muneer) (Entered: 11/09/2017)
26 ORDER granting in part and denying in part 25 motion to stay. The briefing schedule is hereby stayed to and including December 28, 2017. Any future motions for an extension of the stay shall include a specific articulation of the basis of the need for additional time. Signed by Judge Alfred V. Covello on November 13, 2017. (Kontyko, K.) (Entered: 11/13/2017)
27 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Ahmad, Muneer) (Entered: 12/01/2017)

12/28/2017 12/28/2017 01/26/2018 02/02/2018
02/02/2018
02/06/2018 02/06/2018 02/28/2018 02/28/2018 03/05/2018
03/27/2018 04/09/2018 05/25/2018 06/25/2018 07/24/2018 09/24/2018 09/25/2018

28 ANSWER to 1 Complaint with Affirmative Defenses by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.(Drezner, Michael) (Entered: 12/28/2017)
29 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 12/28/2017)
30 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Ahmad, Muneer) (Entered: 01/26/2018)
31 MOTION for Attorney(s) Joshua T. Stehlik to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4705454) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Ahmad, Muneer) (Entered: 02/02/2018)
32 MOTION for Attorney(s) Linda B. Evarts to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4705519) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order, # 3 Appendix Certificate of Good Standing)(Ahmad, Muneer) (Entered: 02/02/2018)
33 ORDER granting 31 Motion for Attorney Joshua T. Stehlik to be Admitted Pro Hac Vice. Certificate of Good Standing due by 4/7/2018. Signed by Clerk on 2/6/2018. (Bozek, M.) (Entered: 02/06/2018)
34 ORDER granting 32 Motion for Attorney Linda B. Evarts to be Admitted Pro Hac Vice. Signed by Clerk on 2/6/2018. (Bozek, M.) (Entered: 02/06/2018)
35 NOTICE of Appearance by Joshua T. Stehlik on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Stehlik, Joshua) (Entered: 02/28/2018)
36 NOTICE of Appearance by Linda B. Evarts on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Evarts, Linda) (Entered: 02/28/2018)
37 CERTIFICATE OF GOOD STANDING re 31 MOTION for Attorney(s) Joshua T. Stehlik to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4705454) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Stehlik, Joshua) (Entered: 03/05/2018)
38 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 03/27/2018)
39 ORDER for production of documents. Signed by Judge Alfred V. Covello on April 9, 2018. (Kontyko, K.) (Entered: 04/09/2018)
40 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 05/25/2018)
41 Joint STATUS REPORT (Amended) by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 06/25/2018)
42 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 07/24/2018)
43 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 09/24/2018)
44 STATUS REPORT (Corrected Signature Line) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Ahmad, Muneer) (Entered: 09/25/2018)

11/26/2018 01/09/2019 01/23/2019
01/23/2019 02/01/2019 02/06/2019
02/19/2019
02/19/2019 02/22/2019 03/20/2019 04/23/2019 05/16/2019 05/29/2019 05/30/2019 06/24/2019 07/01/2019
07/16/2019

45 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Ahmad, Muneer) (Entered: 11/26/2018)
46 MOTION to Stay Production Schedule by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 1/30/2019 (Drezner, Michael) (Entered: 01/09/2019)
47 ORDER granting 46 motion to stay. Counsel shall notify the court within 10 days after congress has restored appropriations to the department of justice. The court will address the issue of appropriate deadlines and extensions after it is notified by counsel that appropriations have been restored. Signed by Judge Alfred V. Covello on 1/23/19. (Hall, Gregory) (Entered: 01/23/2019)
Case Stayed per 47 Order. (Bozek, M.) (Entered: 01/24/2019)
48 NOTICE by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services (Drezner, Michael) (Entered: 02/01/2019)
49 Consent MOTION to Modify Production Schedule by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 2/27/2019 (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 02/06/2019)
50 ORDER granting 49 motion to modify production schedule. It is hereby ordered that defendants U.S. Department of State and U.S. Customs and Border Protection will make their next production of those non−exempt, fully processed documents which require the use of electronic search terms, on 3/8/19. Thereafter, the U.S. Department of State and U.S. Customs and Border Protection will continue to make such productions on a rolling basis every 8 weeks. The parties will submit the next joint status report on 2/22/19, and every 60 days thereafter. The stay shall be lifted. Signed by Judge Alfred V. Covello on 2/19/19. (Hall, Gregory) (Entered: 02/19/2019)
Set Deadline: Status Report due by 2/22/2019 per 50 Order. (Bozek, M.) (Entered: 02/20/2019)
51 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Ahmad, Muneer) (Entered: 02/22/2019)
52 NOTICE of Appearance by Reena Parikh on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Parikh, Reena) (Entered: 03/20/2019)
53 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Parikh, Reena) (Entered: 04/23/2019)
54 NOTICE by Council on American−Islamic Relations − Connecticut, Make the Road New York OF WITHDRAWAL OF COUNSEL BY MELISSA S. KEANEY (Keaney, Melissa) (Entered: 05/16/2019)
55 MOTION for Melissa S. Keaney to Withdraw as Attorney by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Text of Proposed Order)(Keaney, Melissa) (Entered: 05/29/2019)
56 ORDER granting 55 motion to withdraw as attorney for the plaintiffs. Attorney Melissa Keaney terminated. Signed by Judge Alfred V. Covello on 5/30/19. (Hall, Gregory) (Entered: 05/30/2019)
57 Joint STATUS REPORT by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Parikh, Reena) (Entered: 06/24/2019)
58 MOTION for Leave to File Law Student Appearance of Alexandra Vaughn by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Exhibit A − law student and supervising attorney authorization, # 2 Exhibit B − Plaintiffs' authorization, # 3 Certificate of Service)(Parikh, Reena) (Entered: 07/01/2019)
59 MOTION to Modify Scheduling Order or Refer to Magistrate Judge for Mediation by Council on American−Islamic Relations − Connecticut, Make the Road New York.Responses due by 8/6/2019 (Attachments: # 1 Text of Proposed Order)(Parikh,

07/17/2019 07/17/2019 07/17/2019 08/05/2019
08/09/2019 08/15/2019
08/16/2019
08/16/2019 08/20/2019
08/20/2019 08/22/2019 08/23/2019 08/23/2019

Reena) (Entered: 07/16/2019)
60 ORDER granting 58 motion for leave to file; granting in part and denying in part 59 motion. The scheduling order is hereby amended as follows: discovery due by 8/14/19; dispositive motions due by 9/11/19; trial brief due by 10/9/19; trial ready date 11/6/19. Signed by Judge Alfred V. Covello on 7/17/19. (Hall, Gregory) (Entered: 07/17/2019)
Set Deadlines/Hearings: Discovery due by 8/14/2019. Dispositive Motions due by 9/11/2019. Trial Brief due by 10/9/2019. Trial Ready Date 11/6/2019. (Murphy, Tatihana) Modified on 7/22/2019 to correct discovery deadline (Bozek, M.). (Entered: 07/18/2019)
Set Deadline per 60 Order : Discovery due by 8/14/2019. (Bozek, M.) (Entered: 07/22/2019)
61 Joint MOTION to Stay Schedule and for Referral to Magistrate Judge for All Matters by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 8/26/2019 (Attachments: # 1 Text of Proposed Order)(Drezner, Michael). Added MOTION to Transfer Judge on 8/9/2019 (Bozek, M.). (Entered: 08/05/2019)
62 ORDER granting 61 joint motion to transfer the case "in its entirety, to a Magistrate Judge for final resolution." Signed by Judge Alfred V. Covello on 8/9/2019. (Sondergeld, C.) (Entered: 08/09/2019)
63 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Robert M. Spector. This matter has been transferred to a magistrate judge. All non−efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Alfred V. Covello on 8/15/2019.(Bozek, M.) (Entered: 08/15/2019)
64 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A TELEPHONIC Status and Scheduling Conference is set for 8/29/2019 at 12:00 PM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 08/16/2019)
65 Joint STIPULATION and [Proposed] Scheduling Order by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Parikh, Reena) (Entered: 08/16/2019)
66 ORDER: The 65 Joint Stipulation and Proposed Scheduling Order filed by Council on American−Islamic Relations − Connecticut, Make the Road New York is SO ORDERED. The scheduling of a settlement conference will be discussed during the call with the Court, scheduled for 12:00pm on August 29, 2019. Signed by Judge Robert M. Spector on 8/20/2019.(Watson, M.) (Entered: 08/20/2019)
67 ORDER finding as moot 61 Motion to Stay in light of Doc. Nos. 62−63, 65−66. Signed by Judge Robert M. Spector on 8/20/2019. (Watson, M.) (Entered: 08/20/2019)
68 Consent MOTION to Reschedule Status Conference by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 9/12/2019 (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/22/2019)
69 ORDER granting 68 Consent Motion to Reschedule Status Conference. The telephonic conference is rescheduled to August 30, 2019 at noon. Signed by Judge Robert M. Spector on 8/23/2019. (Watson, M.) (Entered: 08/23/2019)
70 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 8/29/2019 at Noon At the request of counsel: Rescheduled Telephonic Status Conference is set for 8/30/2019 at 12:00 PM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code 7040261. (Watson, M.) (Entered:

08/30/2019 08/30/2019 09/06/2019 09/09/2019 09/09/2019
09/17/2019 09/18/2019 10/15/2019 10/15/2019 10/15/2019 10/15/2019 10/16/2019 10/16/2019
10/16/2019 10/28/2019 10/28/2019

08/23/2019)
71 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 8/30/2019. 30 minutes (Watson, M.) (Entered: 08/30/2019)
72 ORDER: As agreed upon by counsel during the telephonic status conference held today, counsel shall file a Joint Proposed Scheduling Order by September 6, 2019. Signed by Judge Robert M. Spector on 8/30/2019.(Watson, M.) (Entered: 08/30/2019)
73 Joint STIPULATION and Proposed Joint Scheduling Order by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 09/06/2019)
74 ORDER: 73 The Joint Stipulation and Joint Scheduling Order is SO ORDERED in large part. The pretrial conference pursuant to Fed. R. Civ. P. 16 is set for October 16, 2019 at 10 a.m.. Signed by Judge Robert M. Spector on 9/9/2019.(Watson, M.) (Entered: 09/09/2019)
75 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Rule 16 Conference is set for 10/16/2019 at 10:00 AM in Chambers Room 303, 141 Church St., New Haven, CT before Judge Robert M. Spector. (Watson, M.) (Entered: 09/09/2019)
76 MOTION for Esther H. Sung to Withdraw as Attorney by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Text of Proposed Order)(Sung, Esther) (Entered: 09/17/2019)
77 ORDER granting 76 Motion to Withdraw as Attorney. Attorney Esther Sung terminated. Signed by Judge Robert M. Spector on 9/18/2019. (Watson, M.) (Entered: 09/18/2019)
78 Joint MOTION for Telephonic Status Conference by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 11/5/2019 (Drezner, Michael) (Entered: 10/15/2019)
79 MOTION for Attorney(s) Adam T. Bates to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−5483779) by Council on American−Islamic Relations − Connecticut, Make the Road New York. (Attachments: # 1 Affidavit of Adam T. Bates, # 2 Text of Proposed Order)(Ahmad, Muneer) (Entered: 10/15/2019)
80 ORDER granting 78 Motion For Telephonic Conference in lieu of appearing in person for the October 16, 2019 Conference. Counsel shall use the following conference dial in for this call: (877) 873−8017, access code: 7040261. Signed by Judge Robert M. Spector on 10/15/2019. (Watson, M.) (Entered: 10/15/2019)
81 ORDER granting 79 Motion to Appear Pro Hac Vice. Signed by Clerk on 10/15/19. (Campbell, A) (Entered: 10/15/2019)
82 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 10/16/2019. 15 minutes (Watson, M.) (Entered: 10/16/2019)
83 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A TELEPHONIC Status Conference is set for 10/28/2019 at 10:00 AM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 10/16/2019)
84 NOTICE of Appearance by Adam Bates on behalf of Council on American−Islamic Relations − Connecticut, Make the Road New York (Bates, Adam) (Entered: 10/16/2019)
85 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 10/28/2019. 20 minutes (Watson, M.) (Entered: 10/28/2019)
86 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE

11/06/2019 11/15/2019 11/18/2019 11/27/2019 12/02/2019 04/01/2020 04/01/2020 04/02/2020 04/03/2020
04/03/2020
04/22/2020

COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Telephonic Status Conference is set for 11/6/2019 at 09:30 AM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 10/28/2019)
87 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 11/6/2019. 10 minutes. As discussed on this call, the parties will file a stipulation or joint status report on November 15, 2019. (Watson, M.) (Entered: 11/06/2019)
88 Joint STIPULATION and Proposed Order by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 11/15/2019)
89 ORDER: The 88 Joint Stipulation filed by U.S. Department of State, U.S. Customs and Border Protection, US Citizenship and Immigration Services is SO ORDERED. The parties shall file a stipulation or joint status report by March 31, 2020. Signed by Judge Robert M. Spector on 11/18/2019.(Watson, M.) (Entered: 11/18/2019)
90 Consent MOTION for Extension of Time until December 6, 2019to Propose Date for Draft Sample Vaughn Index by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 11/27/2019)
91 ORDER granting 90 Consented to Motion for Extension of Time until December 6, 2019. Signed by Judge Robert M. Spector on 12/2/2019. (Watson, M.) (Entered: 12/02/2019)
92 NOTICE re 89 Order issued on November 18, 2019: On November 18, 2019, the Court issued an order directing the parties to file a stipulation or joint status report by March 31, 2020. Counsel shall file their stipulation of joint status report in compliance with this order. Signed by Judge Robert M. Spector on 4/1/2020.(Watson, M.) (Entered: 04/01/2020)
93 Joint STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services. (Drezner, Michael) (Entered: 04/01/2020)
94 MOTION to Stay and Extend Production Schedule by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 4/23/2020 (Attachments: # 1 Exhibit A− Declaration of Eric Stein, # 2 Text of Proposed Order)(Drezner, Michael) (Entered: 04/02/2020)
95 ORDER GRANTING IN PART 94 MOTION TO STAY AND TO EXTEND PRODUCTION SCHEDULE: The production schedule is extended for one week, to April 10, 2020, with regard to Defendant U.S. Customs and Border Patrol ["CBP"] and CBP's obligation to process 1,500 pages each production period is also extended to that date. Further CBP productions will continue to occur every six weeks, with the next production occurring on or before May 22, 2020, and a temporary stay concerning the U.S. Department of State's production schedule is granted to April 30, 2020. A telephonic status conference is set for April 27, 2020 at 12:00 p.m. Signed by Judge Robert M. Spector on 4/3/2020. (Watson, M.) (Entered: 04/03/2020)
96 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A TELEPHONIC Status Conference is set for 4/27/2020 at 12:00 PM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 04/03/2020)
97 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM April 27, 2020 at 12:00 PM Please Note the Change in Time: A Telephonic Status Conference is set for 4/27/2020 at 03:00 PM before Judge Robert M. Spector. Please use the following dial in for this

04/27/2020 04/27/2020 04/27/2020 05/21/2020 05/22/2020
05/27/2020 05/27/2020 05/27/2020 05/28/2020

call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 04/22/2020)
98 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 4/27/2020. 15 minutes (Watson, M.) (Entered: 04/27/2020)
99 ORDER re 94 MOTION to Stay: The temporary stay concerning the U.S. Department of State's production schedule is continued to May 31, 2020. A telephonic status conference is set for May 27, 2020 at 4:30 p.m. Signed by Judge Robert M. Spector on 4/27/2020.(Watson, M.) (Entered: 04/27/2020)
100 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Telephonic Status Conference is set for 5/27/2020 at 04:30 PM before Judge Robert M. Spector. Please use the following dial in for this call: (877) 873−8017, access code: 7040261. (Watson, M.) (Entered: 04/27/2020)
101 Consent MOTION to Modify Production Order by U.S. Customs and Border Protection, U.S. Department of State, US Citizenship and Immigration Services.Responses due by 6/11/2020 (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 05/21/2020)
102 ORDER: Upon consideration of Defendant's Consent Motion to Modify Production Order 101 , it is hereby: ORDERED that the consent motion is GRANTED, and it is further ORDERED that CBP will continue to process the remaining potentially responsive pages in this matter, and produce those potentially responsive pages that have been fully processed, including completing any appropriate third party review, every six weeks. CBP is not required to process any set amount of pages per six weeks in this modified schedule, and it is further ORDERED that this schedule applies to the production date of May 22, 2020, going forward, and it is further ORDERED that CBP will keep Plaintiffs informed concerning where potentially responsive pages have been referred, and of any estimated timetables for responses, and it is further ORDERED that the parties will meet and confer on or before June 5, 2020 to discuss potential next steps with regard to CBP in this matter, and the parties will file a joint status report on or before June 19, 2020, setting forth any proposed next steps with regard to CBP in this matter. Signed by Judge Robert M. Spector on 5/22/2020. (Watson, M.) (Entered: 05/22/2020)
103 Minute Entry for proceedings held before Judge Robert M. Spector: Telephonic Status Conference held on 5/27/2020. 10 minutes (Watson, M.) (Entered: 05/27/2020)
104 ORDER re 94 MOTION to Stay: The temporary stay concerning the U.S. Department of State's production schedule is continued to June 30, 2020. A telephonic status conference is set for June 24, 2020 at 4:30 p.m. Signed by Judge Robert M. Spector on 5/27/2020.(Watson, M.) (Entered: 05/27/2020)
105 NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Telephonic Status Conference is set for 6/24/2020 at 04:30 PM before Judge Robert M. Spector. Please use the following dial in for this call: 877−873−8017, access code: 7040261. (Watson, M.) (Entered: 05/27/2020)
Set Deadlines/Hearings: Status Report due by 6/19/2020. (Murphy, Tatihana) (Entered: 05/28/2020)

 
 Case 3:17-cv-01061-AVC Document 1 Filed 06/27/17 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

COUNCIL ON AMERICAN-ISLAMIC RELATIONS – CONNECTICUT and MAKE THE ROAD NEW YORK,
Plaintiffs,
v.
U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, and U.S. DEPARTMENT OF STATE,

Civil Action No. 3:17-cv-1061
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 et. seq.

Defendants.

This action seeks to enhance public understanding of an urgent concern: discrimination in immigration enforcement against Muslims, Latinos, and other members of disfavored groups by the U.S. Department of State (“DOS”) and the U.S. Department of Homeland Security (“DHS”). The contemporary importance of this issue is no accident. Throughout the 2016 presidential campaign, then-candidate Donald J. Trump asserted he would ban all Muslims, including refugees fleeing war-torn regions of the world, from entering the United States. Candidate Trump also perpetuated harmful and racially charged stereotypes about Mexican and other Latino immigrants, to whom he referred as murderers, rapists, and “bad hombres.” He subsequently called for “extreme vetting” of immigrants. In his first week in office, President Trump continued his anti-immigrant and anti-refugee rhetoric and moved promptly to issue a thinly veiled “Muslim Ban” executive order that indefinitely blocked Syrian refugees from entering the United States, suspended all refugee admissions for 120 days, and prohibited individuals from seven predominantly Muslim countries from entering the United States for 90

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days. Numerous lawsuits challenging the order’s constitutionality were swiftly brought, and courts around the country preliminarily enjoined that ban. Undaunted, the Administration replaced it with a second executive order, which multiple courts again enjoined. During this time, protests erupted at airports across the country, and media coverage focused on allegations and instances of discrimination in immigration enforcement. The same day he signed the second Muslim Ban executive order, the President issued a memorandum directing the Secretaries of State and Homeland Security to develop procedures for “enhanced vetting” for applications for visas and immigration benefits. Since then, however, the Trump Administration has disclosed little information concerning its policies and practices regarding targeted immigration enforcement.
These events and concerns directly implicate the work of the Plaintiff nonprofit organizations, the Council on American-Islamic Relations – Connecticut (“CAIR-CT”) and Make the Road New York (“MRNY”) (together, “Plaintiffs”). Plaintiff CAIR-CT endeavors to enhance the public’s understanding of Islam, while Plaintiff MRNY strives to empower immigrant and working-class communities. As a critical component of its work, each Plaintiff disseminates information through publications, educational sessions, and electronic communications.
In furtherance of their missions, on April 12, 2017 Plaintiffs submitted three specific and narrow requests pursuant to the Freedom of Information Act, 5 U.S.C. § 552 et seq., as amended (“FOIA”), to U.S. Citizenship and Immigration Services (“USCIS”), U.S. Customs and Border Protection (“CBP”), and U.S. Department of State (“DOS”) (collectively, “Defendants”). The requests seek disclosure of agency policies, communications, and statistics related to visa processing and visa issuances for individuals applying abroad; to adjudication of entry document
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applications; and to screening and searching of individuals arriving at U.S. ports of entry. The requests are not limited to policies, communications, and statistics produced pursuant to, or as a result of, the President’s travel ban orders, but encompass immigration enforcement policies broadly. Plaintiffs are concerned that in recent months, either as a result of the travel ban orders or otherwise, Defendants have been targeting individuals based on their actual or perceived religion, ethnicity, race, national origin, and/or other group identity for special treatment with respect to entry document applications, visa processing, and screening of individuals arriving at U.S. ports of entry. Plaintiffs also sought expedited processing and waiver of fees on multiple grounds.
Despite the intense and justified public scrutiny surrounding these issues, the Defendants failed to timely respond to Plaintiffs’ requests. Instead, over 60 days after Plaintiffs submitted their FOIA requests, Defendants have failed to disclose a single record. Plaintiffs accordingly bring this action pursuant to FOIA for declaratory and injunctive relief, seeking to compel the disclosure and release of urgently needed records that Defendants have improperly withheld from public scrutiny.
JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to the FOIA, 5 U.S.C. § 552(a)(4)(B), and 28 U.S.C. § 1331. 2. Venue properly lies in this district under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. §§ 1391(e) and 1402(a)(2), as Plaintiff CAIR-CT’s principal place of business is in the District of Connecticut.
PARTIES
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Plaintiff CAIR-CT 3. CAIR-CT is a non-profit 501(c)(3) organization dedicated to presenting an
Islamic perspective on issues of importance to the American public. 4. CAIR-CT’s mission is to enhance the public’s understanding of Islam, encourage
dialogue, protect civil liberties, empower American Muslims, and build coalitions that promote justice and mutual understanding. CAIR-CT works to promote civil rights by mediating on behalf of Muslims who have experienced discrimination, helps elected officials to understand policy issues related to Islam and Muslims, and monitors legislation and government activities. As the Connecticut chapter of a national organization, CAIR-CT specifically works on behalf of Connecticut’s more than 150,000 Muslim residents, many of whom would be affected by the requested policies and practices.
5. As part of its policy advocacy and monitoring of news media and public policy, CAIR-CT publishes news and alerts regarding issues affecting the Muslim community, including “Action Alerts” and press releases regarding legal issues affecting Muslims. CAIR-CT also conducts trainings and educational workshops addressing interactions with law enforcement and other government officials, including conducting regular trainings at local mosques and Islamic centers throughout Connecticut that aim to educate people on issues affecting the Muslim community. CAIR-CT also works with local and national media to ensure that an accurate image of Islam and Muslims is presented to the American public.
6. CAIR-CT’s office and principal place of business is in Hartford, Connecticut.
Plaintiff MRNY 7. MRNY is a non-profit, membership-based 501(c)(3) organization dedicated to
empowering immigrant, Latino, and working-class communities in New York City. MRNY has
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more than 19,000 dues-paying members residing in New York City and Long Island, many of whom would be affected by the requested policies and practices.
8. MRNY’s mission includes educating the public about civil rights issues affecting working-class and immigrant communities through electronic newsletters, reports, fact sheets, trainings, curricula, classes, and other educational and informational material. MRNY also disseminates information and analyses on pending and proposed legislation and mobilizes community members to advocate to their legislators.
9. MRNY also engages in organizing and public-policy advocacy efforts, including research on issues affecting the community it serves as well as substantial outreach to policymakers and the media. MRNY regularly conducts research and publishes reports, fact sheets, and other informational material on issues important to the immigrant, Latino, and working class communities it serves. Additionally, MRNY frequently releases media statements, and disseminates information about local, state, and national issues to its thousands of members and to the public at large.
10. MRNY’s office and principal place of business is in Brooklyn, New York.
Defendants 11. USCIS is an agency within DHS, which oversees lawful immigration to the
United States with the stated mission of securing America’s promise as a nation of immigrants. This includes the processing of visa petitions and applications for various immigration benefits. USCIS is an agency within the meaning of 5 U.S.C. § 552(f), and is in possession of, and exerts control over, records responsive to Plaintiffs’ FOIA request to it.
12. CBP is an agency within DHS with the primary mission of detecting and preventing the unlawful entry of persons and goods into the United States. CBP officials conduct
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inspections at ports of entry of immigrants seeking to enter the United States. CBP is an agency within the meaning of 5 U.S.C. § 552(f), and is in possession of, and exerts control over, records responsive to Plaintiffs’ FOIA request to it.
13. DOS is a cabinet department of the United States federal government with the mission of shaping and sustaining a peaceful, prosperous, just, and democratic world and fostering conditions for stability and progress. DOS conducts consular interviews of visa applicants and decides whether to approve or deny visa applications. DOS is an agency within the meaning of 5 U.S.C. § 552(f), and is in possession of, and exerts control over, records responsive to Plaintiffs’ FOIA request to it.
STATEMENT OF FACTS Discriminatory Policies and Practices in Border Screening, Visa Petitions and Visa Applications Under President Trump
14. Throughout the 2016 presidential campaign, then-candidate Donald J. Trump repeatedly “called for a total and complete shutdown of Muslims entering the United States.” Press Release, Donald J. Trump for President, Inc., Donald J. Trump Statement on Preventing Muslim Immigration (Dec. 7, 2015). Candidate Trump also advanced racially charged stereotypes about individuals of Mexican heritage. See, e.g., Donald J. Trump, Presidential Campaign Announcement (June 16, 2015) (“When Mexico sends its people, they’re not sending their best. . . . They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”).
15. On January 27, 2017, President Donald J. Trump issued an executive order (“EO1”) that indefinitely blocked Syrian refugees from entering the United States, barred all refugee admissions for 120 days, and prohibited individuals from seven predominantly Muslim
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countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—from entering the United States for 90 days. Exec. Order No. 13,769, 82 Fed. Reg. 8977 (Feb. 1, 2017).
16. The order spread chaos at international airports across the country. Large groups of people gathered at several airports to protest EO1. Because the president gave little to no guidance as to the implementation of the order, CBP officers at the border were in the dark as to how to proceed with their duties and, when confronted with individuals from the seven listed countries attempting to enter the United States on validly issued visas, were left to guess as to who was admissible and who was not. See Jonathan Allen & Brendan O’Brien, How Trump’s Abrupt Immigration Ban Sowed Confusion at Airports, Agencies, Reuters (Jan. 29, 2017), http://www.reuters.com/article/us-usa-trump-immigration-confusion-idUSKBN15D07S. By the following day, January 28, 2017, CBP officials across the country had detained hundreds of people arriving at airports throughout the United States. Laura Jarrett, More Than 700 Foreigners Held Over First Weekend of Travel Ban, CNN (Feb. 24, 2017), http://www.cnn.com/2017/02/23/politics/700-detained-travel-ban-weekend/.
17. On the evening of January 28, 2017, following the filing of a nationwide class action, the U.S. District Court for the Eastern District of New York issued a nationwide order prohibiting the government from removing from the United States pursuant to EO1 any detained travelers, including refugees and nationals of the seven enumerated countries, who had been legally authorized to enter the United States. Decision and Order, Darweesh v. Trump, No. 17 Civ. 480 (AMD) (E.D.N.Y. Jan. 28, 2017).
18. On February 3, 2017, the U.S. District Court for the Western District of Washington issued a nationwide order suspending enforcement of several provisions of EO1. Temporary Restraining Order, Washington v. Trump, No. C17-0141JLR (W.D. Wash. Feb. 3,
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2017). Days later, the Ninth Circuit Court of Appeals—construing the temporary restraining order as a preliminary injunction—denied the government’s motion to stay the injunction pending appeal. Washington v. Trump, 847 F.3d 1151, 1155 (9th Cir. 2017), reconsideration en banc denied, 853 F.3d 933 (9th Cir. 2017).
19. In response, President Trump issued a new executive order (“EO2”) on March 6, 2017, which revoked EO1; banned travel from six of the same seven predominantly Muslim countries (removing Iraq) for a period of at least 90 days; and suspended the refugee program for a period of at least 120 days. Exec. Order No. 13,780, 82 Fed. Reg. 13209 (Mar. 6, 2017). The order was scheduled to go into effect on March 16, 2017 and was meant to ban travel while the administration implemented an “extreme vetting” program. See S.A. Miller & Dave Boyer, Trump Signs New Extreme Vetting Order, Wash. Times (Mar. 6, 2017), http://www.washingtontimes.com/news/2017/mar/6/trump-sign-new-extreme-vetting-order/.
20. In addition to the two travel ban orders, President Trump also issued a memorandum instructing the Department of Homeland Security and the State Department, in consultation with the Attorney General, to “implement protocols and procedures” to “enhance the screening and vetting of applications for visas and all other immigration benefits.” Memorandum from the President to the Sec’y of State, the Att’y Gen., and the Sec’y of Homeland Sec. (Mar. 6, 2017), https://www.whitehouse.gov/the-pressoffice/2017/03/06/memorandum-secretarystate-attorney-general-secretary-homeland-security. Defendant DOS has instituted new security measures pursuant to that memorandum. See, e.g., Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants, 82 Fed. Reg. 20,956 (May 4, 2017).
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21. Prior to EO2 taking effect, federal district courts in Hawaii and Maryland granted a preliminary injunction against enforcement of the sections affecting travel and refugees, finding that the order was likely motivated by discriminatory animus against Muslims. Hawai’i v. Trump, ___F. Supp. 3d ___, 2017 WL 1011673 (D. Haw. Mar. 15, 2017); Int’l Refugee Assistance Project v. Trump, __F. Supp. 3d ___, 2017 WL 1018235 (D. Md. Mar. 16, 2017).
22. The Fourth Circuit, sitting en banc, has largely affirmed the preliminary injunction granted by the District of Maryland, holding, inter alia, that the plaintiffs were likely to succeed on the merits of their Establishment Clause claim because “the reasonable observer would likely conclude that EO-2’s primary purpose is to exclude persons from the United States on the basis of their religious beliefs.” Int’l Refugee Assistance Project v. Trump, 857 F.3d 554, 2017 WL 2273306, at *24 (4th Cir. May 25, 2017) (en banc).
23. Similarly, on June 12, 2017, the Ninth Circuit largely affirmed the preliminary injunction granted by the District Court of Hawaii, holding, inter alia, that the plaintiffs were likely to succeed on the merits of their statutory claims that EO2 did not make “sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States’” and that it runs afoul of other provisions of the INA that prohibit nationality-based discrimination and require the President to follow a specific process when setting the annual cap on the admission of refugees.” Hawai’i v. Trump.,___ F.3d ___, 2017 WL 2529640, at *1 (9th Cir. June 12, 2017).
24. On June 1, the government sought certiorari, see Pet. for a Writ of Certiorari, Trump v. Int’l Refugee Assistance Project, No. 16-1436 (June 1, 2017), as well as a stay pending the disposition of the petition for a writ of certiorari, see Application for Stay, Trump v. Int’l
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Refugee Assistance Project, No. 16A1190 (June 1, 2017); see also Application for Stay, Trump v. Hawai’i, No. 16A1191 (June 1, 2017).
25. On June 26, 2017, the Supreme Court granted certiorari and granted the Government’s applications to stay the Fourth and Ninth Circuits’ injunctions, to the extent they prevented enforcement of §2(c) with respect to foreign nationals who lack any “bona fide relationship with a person or entity in the United States.” Trump v. Int’l Refugee Assistance Project, ___ U.S. ___ (June 26, 2017) (per curiam).
26. Despite the lower court decisions blocking implementation of the executive orders, news organizations have reported that Muslim travelers and travelers from Muslimmajority countries, both U.S. citizens and non-citizens, have been detained and interrogated about their religious beliefs at U.S. airports. See, e.g., Alex Kane, Even Muslim-American Citizens Have Been Caught in the Net of Trump’s Travel Ban, Nation (Mar. 23, 2017), https://www.thenation.com/article/even-muslim-american-citizens-have-been-caught-in-the-netof-trumps-travel-ban/. Civil liberties advocacy organizations report that CBP has subjected Muslim travelers and travelers from Muslim-majority countries at ports of entry to additional questioning and demanded that they unlock phones and other electronic devices for search. See, e.g., Emanuella Grinberg & Jay Croft, American NASA Scientist Says His Work Phone Was Seized at Airport, CNN (Feb. 15, 2017), http://cnn.it/2klWgMd. Other news outlets cite evidence that the executive orders, though suspended, have emboldened federal officers to act more aggressively towards individuals seeking visas or admission to the United States. See Nicholas Kulish, Caitlin Dickerson & Ron Nixon, Immigration Agents Discover New Freedom to Deport Under Trump, N.Y. Times (Feb. 25, 2017), http://nyti.ms/2mie63i.
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27. Although much discrimination at airports has targeted Muslims and those perceived to be Muslim, individuals of other backgrounds have also reported additional scrutiny, possibly due to other forms of profiling. See, e.g., Ivan Espinoza-Madrigal, Airports: The Next Racial Profiling Frontier, Huffington Post (Mar. 04, 2017), http://www.huffingtonpost.com/ entry/airports-the-next-racial-profiling-frontier_us_58d045abe4b07112b64730d2 (describing experience of suspected racial profiling by CBP at Boston Logan Airport); Spencer Ackerman, TSA Screening Program Risks Racial Profiling Amid Shaky Science – Study, Guardian (Feb. 8, 2017), https://www.theguardian.com/us-news/2017/feb/08/tsa-screening-racial-religiousprofiling-aclu-study (describing internal Transportation Security Administration documents “indicat[ing] a substantial focus on Arabs, Muslims, and Latinos, despite repeated TSA assurances that [DHS] does not profile travelers based on ethnicity, race, or religion”).
Plaintiffs’ FOIA Request to CBP 28. On April 12, 2017, Plaintiffs submitted a request to CBP (“CBP Request”) via
foiaonline.regulations.gov under tracking number CBP-2017-048412. Plaintiffs also submitted the request to U.S. Department of Homeland Security, Privacy Office, Senior Director of FOIA Operations via FedEx overnight shipping. The CBP Request is attached hereto as Exhibit A.
29. The CBP Request sought policies, training materials, and communications related to the search, screening, and processing of individuals by CBP at ports of entry and preclearance locations, as well as records related to the custody conditions during such search, screening, and processing. The CBP Request also sought numerical data and statistics showing the number of people who had been subject to heightened screening procedures, visa revocations, waivers of enforcement, and complaints of treatment. The CBP Request also sought a fee waiver and expedited processing. See Ex. A.
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30. CBP acknowledged receipt of the request on April 18, 2017. Exhibit B, CBP Confirmation Email.
31. In its acknowledgment of receipt, however, CBP did not provide a determination as to whether, or when, CBP would comply with the request. Nor did it make a decision regarding Plaintiffs’ requests for a fee waiver and expedited processing. See id.
32. As of the filing date of this Complaint, more than 40 days (excepting Saturdays, Sundays, and federal holidays) have elapsed since CBP received the CBP Request.
33. As of the filing date of this Complaint, CBP has not notified Plaintiffs of a determination as to whether it will comply with the CBP Request.
34. Because CBP failed to comply with the time limit provision of FOIA, Plaintiffs are deemed to have exhausted their administrative remedies with respect to the CBP Request. See 5 U.S.C. § 552(a)(6)(C)(i).
Plaintiffs’ FOIA Request to USCIS 35. On April 12, 2017, Plaintiffs submitted a request to USCIS (“USCIS Request”)
addressed to the USCIS National Records Center, FOIA/PA Office and the U.S. Department of Homeland Security, Privacy Office, Senior Director of FOIA Operations via certified, trackable United States mail. The USCIS Request is attached hereto as Exhibit C, USCIS Request.
36. The USCIS Request sought policies, training materials, and communications related to the criteria and/or grounds to be considered during visa application adjudications, visa revocations, and consideration of refugee applications, including case-by-case waivers pursuant to recent Executive Orders. The USCIS Request also sought numerical data and statistics showing the number of individuals who have been subject to additional scrutiny, visa
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revocations, waivers of enforcement, or unfavorable treatment. The USCIS Request also sought expedited processing and a fee a waiver. See Ex. C.
37. USCIS acknowledged receipt of the USCIS Request on April 20, 2017 and granted Plaintiffs’ request for fee waiver and request for expedited processing. Exhibit D, USCIS Confirmation Email.
38. USCIS’s confirmation email did not provide a determination as to whether, or when, USCIS would comply with the USCIS Request. See id.
39. Also on April 20, 2017, Dawn D. Horn, a Government Information Specialist at USCIS, emailed to summarize the agency’s understanding of Plaintiffs’ FOIA request and request clarification of the terms “case-by-case waivers” and “travel document applications” as used in the USCIS Request. Exhibit E, First USCIS Follow-Up Email.
40. On April 27, 2017, Plaintiffs responded to USCIS’s email, clarifying that the USCIS Request sought “all records concerning adjudication or consideration of visa petitions, revocations, refugee/asylum applications, waiver applications, and travel document applications during the specified time period.” Exhibit F, Plaintiffs’ First Email Response to USCIS. Plaintiffs’ email emphasized that “[t]he same applies to our request for email, text, and electronic communications, which reaches communications concerning all such categories of agency action or policy, not just refugee/asylum applications or the Executive Orders.” Id. Additionally, Plaintiffs confirmed that the request was limited to records created on or after November 8, 2016, except with regard to Item 4 of the USCIS Request. Id. Finally, Plaintiffs provided the requested definitions for “case-by-case waivers” and “travel document applicants,” and disputed the agency’s contention that Item 5 of the USCIS Request would need to be submitted as a separate request. Id.
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Case 3:17-cv-01061-AVC Document 1 Filed 06/27/17 Page 14 of 17
41. More than a month later, on May 31, 2017, Anna Gillispie, a Government Information Specialist at USCIS, sent a series of additional follow-up questions about the scope of the USCIS Request. Exhibit G, Second USCIS Follow-Up Conversation at 6-7. Specifically, the email requested definitions for the terms “communications,” “informal understanding,” “sent,” and “received,” and clarification on the scope of the emails and records referenced in the USCIS Request. Id.
42. On June 7, 2017, Plaintiffs responded to USCIS’s follow-up email, clarifying the scope of the USCIS Request and providing relevant definitions. Id. at 5.
43. On the same day, Ms. Gillispie responded to Plaintiffs with two follow-up questions concerning the definitions of “procedures and practices” and “policies.” Id. at 3.
44. The same day, Plaintiffs responded to these questions and requested a timeframe for the production of documents responsive to their request. Id. at 2.
45. On June 20, 2017, Plaintiffs again requested a timeframe for the production of documents response to their request. Id. at 1.
46. As of the filing date of this Complaint, USCIS has yet to respond to Plaintiffs’ request for an expected timeframe for the production of documents.
47. As of the filing date of this Complaint, more than 40 days (excepting Saturdays, Sundays, and legal public holidays) have elapsed since USCIS received the USCIS Request.
48. As of the filing date of this Complaint, USCIS has not notified Plaintiffs of a determination as to whether it will comply with the USCIS Request.
49. Because Defendants USCIS failed to comply with the time limit provision of FOIA, Plaintiffs are deemed to have exhausted their administrative remedies with respect to the USCIS Request. See 5 U.S.C. § 552(a)(6)(C)(i).
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Case 3:17-cv-01061-AVC Document 1 Filed 06/27/17 Page 15 of 17
Plaintiffs’ FOIA Request to DOS 50. On April 12, 2017, Plaintiffs submitted a request to DOS (“DOS Request”),
addressed to the Office of Information Programs and Services at DOS, via FedEx overnight shipping. The DOS Request is attached hereto as Exhibit H.
51. The DOS Request sought policies, training materials, and communications related to the criteria and/or grounds to be considered during visa application adjudications, visa revocations, and consideration of refugee applications, including case-by-case waivers pursuant to recent Executive Orders. The DOS Request also sought numerical data and statistics showing the number of individuals who have been subject to additional scrutiny, visa revocations, waivers of enforcement, or unfavorable treatment. The DOS Request also sought a fee waiver and expedited processing. See Ex. H.
52. DOS acknowledged receipt of the Request on April 17, 2017 and granted Plaintiffs’ request for expedited processing and a fee waiver. Exhibit I, DOS Confirmation.
53. As of the filing date of this Complaint, more than 40 days (excepting Saturdays, Sundays, and legal public holidays) have elapsed since DOS received the DOS Request.
54. As of the filing date of this Complaint, DOS has not notified Plaintiffs of a determination as to whether it will comply with the DOS Request.
55. Because DOS failed to comply with the time limit provision of FOIA, Plaintiffs are deemed to have exhausted their administrative remedies with respect to the DOS Request. See 5 U.S.C. § 552(a)(6)(C)(i).
CLAIM FOR RELIEF 56. Plaintiffs repeat and re-allege each of the foregoing allegations as if fully set forth
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Case 3:17-cv-01061-AVC Document 1 Filed 06/27/17 Page 16 of 17
herein. 57. Plaintiffs have a legal right under FOIA to obtain the specific agency records
sought in the Requests, and Defendants’ failure to promptly make the requested records available to Plaintiffs has no legal basis.
58. Each Defendant’s failure to determine within 20 days (excepting Saturdays, Sundays, and legal public holidays) after receipt whether to comply with the Request directed to it violates FOIA, 5 USC § 552(a)(6)(A)(i), and applicable regulations promulgated thereunder.
59. Defendants’ failure to conduct a reasonable search for the records responsive to the Requests and to promptly make them available violates FOIA, 5 U.S.C. § 552(a)(3), and applicable regulations promulgated thereunder.
60. The failure of Defendants DOS and USCIS to process as soon as practicable the Requests, which were granted expedited processing, violates FOIA, 5 U.S.C. § 552(a)(6)(E)(iii) and applicable regulations promulgated thereunder.
61. On information and belief, Defendants currently have possession, custody or control of the requested records.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court:
1. Declare that Defendants violated FOIA by unlawfully withholding the requested records; 2. Order Defendants to conduct a reasonable search for the requested records and to disclose them to Plaintiffs in their entireties and on an expedited basis; 3. Award Plaintiffs’ costs and reasonable attorneys’ fees in this action as provided by 5 U.S.C. § 552(a)(4)(E); and 4. Grant other such relief as the Court may deem just and proper.
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Case 3:17-cv-01061-AVC Document 1 Filed 06/27/17 Page 17 of 17

Respectfully submitted,

Dated: June 27, 2017

__/s/ Muneer I. Ahmad______________ _______

Muneer I. Ahmad (ct28109), Supervising Attorney Michael J. Wishnie, (ct27221), Supervising Attorney Ruben Loyo, Supervising Attorney* Adam Bradlow, Law Student Intern David Chen, Law Student Intern Joseph Laris Cohen, Law Graduate Intern Susanna D. Evarts, Law Student Intern Amit Jain, Law Student Intern Clare Kane, Law Student Intern Aaron Korthuis, Law Graduate Intern Zachary Manfredi, Law Graduate Intern Joseph Meyers, Law Student Intern Victoria Roeck, Law Student Intern
Jerome N. Frank Legal Services Organization Yale Law School** P.O. Box 902020 New Haven, CT 06520 (203) 432-4800 muneer.ahmad@ylsclinics.org

Justin B. Cox† National Immigration Law Center 1989 College Ave. NE Atlanta, GA 30317 Tel: (678) 404-9119 Fax: (213) 639-3911 cox@nilc.org
Karen C. Tumlin† Nicholas Espíritu† Melissa S. Keaney† Esther Sung† National Immigration Law Center 3435 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Tel: (213) 639-3900 Fax: (213) 639-3911 tumlin@nilc.org espiritu@nilc.org keaney@nilc.org sung@nilc.org

Counsel for Plaintiffs

Rebecca Heller† Stephen Poellot† International Refugee Assistance Project Urban Justice Center 40 Rector St., 9th Floor New York, NY 10006 Phone: (646) 704-3922 bheller@refugeerights.org spoellot@refugeerights.org

* Application for admission to the U.S. District Court for the District of Connecticut forthcoming. ** This complaint does not purport to state the views of Yale Law School, if any. † Pro Hac Vice applications forthcoming.
17

 
 Case 3:17-cv-01061-RMS Document 101 Filed 05/21/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

COUNCIL ON AMERICAN-ISLAMIC RELATIONS – CONNECTICUT and MAKE THE ROAD NEW YORK,

Plaintiffs, v.

Civil Action No. 3:17-cv-1061-RMS

U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, and U.S. DEPARTMENT OF STATE,

Defendants.

DEFENDANTS’ CONSENT MOTION TO MODIFY PRODUCTION ORDER

Defendant U.S. Customs and Border Patrol (“CBP”) hereby moves to modify the

applicable production order in this case for the reasons that follow.

1. In this Freedom of Information Act matter, pursuant to the parties’ stipulation of

November 15, 2019, ECF No. 88, and this Court’s Order of November 18, 2019, ECF No. 89,

Defendant U.S. Customs and Border Patrol (“CBP”) is required to process 1,500 pages of

potentially responsive documents every six weeks and produce those non-exempt records which

have been fully processed.

2. CBP has now largely completed processing potentially responsive records in this

matter, and after the next production of May 22, 2020, less than 1,500 potentially responsive

pages will remain for review and potential production.

3. Of the remaining potentially responsive pages, multiple documents may require

referral or consultation with outside agencies or entities within the Government, and CBP cannot

Case 3:17-cv-01061-RMS Document 101 Filed 05/21/20 Page 2 of 4

currently predict when such referrals or consultations will be completed and when all such documents will be fully processed.
4. Accordingly, CBP proposes to modify the governing production order in this matter such that it will process the remaining potentially responsive pages in this matter, and produce those potentially responsive pages that have been fully processed, including completing any appropriate third party review, every six weeks. Because CBP cannot reasonably predict how long the remaining processing at outside entities may take, it will not be required to process any set amount of pages per six weeks in this modified schedule. This schedule would apply to the upcoming production date of May 22, 2020, going forward.
5. CBP commits to keeping Plaintiffs informed of and up to date on where the remaining potentially responsive pages have been referred, and any estimated timetables for responses.
6. CBP further proposes that the parties meet and confer on or before June 5, 2020, to discuss potential next steps with regard to CBP in this matter, and that the parties file a joint status report on or before June 19, 2020, setting forth any proposed next steps with regard to CBP in this matter.
7. The parties have conferred, through counsel, and Plaintiffs consent to the relief sought herein. A proposed order is attached.

Dated: May 21, 2020

Respectfully submitted, JOSEPH H. HUNT Assistant Attorney General ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
2

Case 3:17-cv-01061-RMS Document 101 Filed 05/21/20 Page 3 of 4 /s/ Michael L. Drezner MICHAEL L. DREZNER Trial Attorney, U.S. Department of Justice Civil Division, Federal Programs Branch 1100 L. Street, NW Washington, DC 20005 Telephone: (202) 514-4505 Facsimile: (202) 616-8470 Counsel for Defendants
3

Case 3:17-cv-01061-RMS Document 101 Filed 05/21/20 Page 4 of 4 CERTIFICATE OF SERVICE
I hereby certify that on May 21, 2020 I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which sent notice of such filing to all parties.
/s/ Michael L. Drezner MICHAEL L. DREZNER Trial Attorney
4

Case 3:17-cv-01061-RMS Document 101-1 Filed 05/21/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

COUNCIL ON AMERICAN-ISLAMIC RELATIONS – CONNECTICUT and MAKE THE ROAD NEW YORK,

Plaintiffs, v.

Civil Action No. 3:17-cv-1061-RMS

U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, and U.S. DEPARTMENT OF STATE,

Defendants.

[PROPOSED] ORDER Upon consideration of Defendant’s Consent Motion to Modify Production Order, it is hereby: ORDERED that the consent motion is GRANTED, and it is further ORDERED that CBP will continue to process the remaining potentially pages in this matter, and produce those potentially responsive pages that have been fully processed, including completing any appropriate third party review, every six weeks. CBP is not required to process any set amount of pages per six weeks in this modified schedule, and it is further ORDERED that this schedule applies to the production date of May 22, 2020, going forward, and it is further ORDERED that CBP will keep Plaintiffs informed concerning where potentially responsive pages have been referred, and of any estimated timetables for responses, and it is further

Case 3:17-cv-01061-RMS Document 101-1 Filed 05/21/20 Page 2 of 2

ORDERED that the parties will meet and confer on or before June 5, 2020 to discuss potential next steps with regard to CBP in this matter, and the parties will file a joint status report on or before June 19, 2020, setting forth any proposed next steps with regard to CBP in this matter.

SO ORDERED.

____________________________________ UNITED STATES MAGISTRATE JUDGE