STAYED,TYPE I−FOIA
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:18−cv−01546−TSC

MUSLIM ADVOCATES et al v. UNITED STATES DEPARTMENT OF STATE et al Assigned to: Judge Tanya S. Chutkan Cases: 1:17−cv−02080−TSC
1:20−cv−01143−TSC Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 06/28/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

MUSLIM ADVOCATES

represented by Baher Azmy CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway 7th Floor New York, NY 10012 (212) 614−6427 Fax: (212) 614−6422 Email: bazmy@ccrjustice.org PRO HAC VICE ATTORNEY TO BE NOTICED

Diala Shamas CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway 7th Floor New York, NY 10012 212−614−6426 Email: dshamas@ccrjustice.org PRO HAC VICE ATTORNEY TO BE NOTICED

Johnathan James Smith MUSLIM ADVOCATES P.O. Box 34440 Washington, DC 20043 (202) 897−1897 Fax: (202) 508−1007 Email: johnathan@muslimadvocates.org TERMINATED: 02/01/2019

Nimra H. Azmi MUSLIM ADVOCATES P.O. Box 34440 Washington, DC 20043 202−897−2564 Email: nimra@muslimadvocates.org ATTORNEY TO BE NOTICED

Sirine Shebaya NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD 2201 Wisconsin Ave NW Suite 200 Washington, DC 20007 202−656−4788 Email: sirine@nipnlg.org TERMINATED: 08/16/2019

Plaintiff CENTER FOR CONSTITUTIONAL RIGHTS
V. Defendant UNITED STATES DEPARTMENT OF STATE
Defendant UNITED STATES DEPARTMENT OF HOMELAND SECURITY
Defendant UNITED STATES CUSTOMS AND BORDER PROTECTION

represented by Baher Azmy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Diala Shamas (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Johnathan James Smith (See above for address) TERMINATED: 02/01/2019
Nimra H. Azmi (See above for address) ATTORNEY TO BE NOTICED
Sirine Shebaya (See above for address) TERMINATED: 08/16/2019
represented by Robert Aaron Caplen UNITED STATES ATTORNEY'S OFFICE 555 4th Street, NW Washington, DC 20530 (202) 252−2523 Email: robert.caplen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Mark Nebeker U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2536 Fax: (202) 252−2599 Email: mark.nebeker@usdoj.gov TERMINATED: 03/09/2020
represented by Robert Aaron Caplen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Mark Nebeker (See above for address) TERMINATED: 03/09/2020
represented by Robert Aaron Caplen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant L. FRANCIS CISSNA

William Mark Nebeker (See above for address) TERMINATED: 03/09/2020
represented by Robert Aaron Caplen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Mark Nebeker (See above for address) TERMINATED: 03/09/2020

Date Filed 06/28/2018 06/28/2018 06/28/2018 06/28/2018
06/29/2018 06/29/2018 06/29/2018 06/29/2018
06/29/2018 07/09/2018 07/10/2018 07/11/2018
07/13/2018

# Docket Text
1 CIVIL COVER SHEET filed by MUSLIM ADVOCATES, CENTER FOR CONSTITUTIONAL RIGHTS. (Attachments: # 1 Statement of related case form)(Shebaya, Sirine). (Entered: 06/28/2018)
2 COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090−5560468) filed by MUSLIM ADVOCATES, CENTER FOR CONSTITUTIONAL RIGHTS. (Shebaya, Sirine) (Entered: 06/28/2018)
3 REQUEST FOR SUMMONS TO ISSUE filed by MUSLIM ADVOCATES,CENTER FOR CONSTITUTIONAL RIGHTS .(Shebaya, Sirine) (Entered: 06/28/2018)
4 ERRATA Complaint with exhibits by MUSLIM ADVOCATES, CENTER FOR CONSTITUTIONAL RIGHTS . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Shebaya, Sirine) (Entered: 06/28/2018)
5 NOTICE of Appearance by Sirine Shebaya on behalf of ALL PLAINTIFFS (Shebaya, Sirine) (Entered: 06/29/2018)
6 NOTICE OF RELATED CASE by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES. Case related to Case No. 17−cv−2080. (zmd) (Entered: 06/29/2018)
Case Assigned to Judge Tanya S. Chutkan. (zmd) (Entered: 06/29/2018)
SUMMONS Not Issued as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE, U.S. Attorney, U.S. Attorney General, (zmd) (Entered: 06/29/2018)
7 REQUEST FOR SUMMONS TO ISSUE filed by MUSLIM ADVOCATES.(Shebaya, Sirine) (Entered: 06/29/2018)
8 NOTICE of Appearance by Johnathan James Smith on behalf of All Plaintiffs (Smith, Johnathan) (Entered: 07/09/2018)
9 SUMMONS (1) Reissued Electronically as to UNITED STATES DEPARTMENT OF STATE (ztd) (Entered: 07/10/2018)
10 SUMMONS (5) Issued Electronically as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (ztd) (Entered: 07/11/2018)
11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Nimra Azmi, :Firm− Muslim Advocates, :Address− PO Box 66408, Washington DC 20035. Phone No. − (202) 897−2622. Fax No. − (202) 508−1007 Filing fee $ 100, receipt number 0090−5586438. Fee Status: Fee Paid. by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES (Shebaya, Sirine) (Entered: 07/13/2018)

07/14/2018 07/18/2018
07/23/2018
08/14/2018 08/14/2018 08/15/2018 08/17/2018 08/17/2018 08/22/2018
08/22/2018
08/22/2018 08/24/2018

12 Corporate Disclosure Statement by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES. (Shebaya, Sirine) (Entered: 07/14/2018)
MINUTE ORDER: Granting in part and denying in part 11 Motion for Admission Pro Hac Vice. Attorney Nimra H. Azmi may be heard in open court on behalf Plaintiffs, but may not file papers in this court. See Local Civil Rule 83.2(c)(2) ("An attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court."). Signed by Judge Tanya S. Chutkan on 7/18/18. (DJS) (Entered: 07/18/2018)
13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES served on 7/17/2018; UNITED STATES CUSTOMS AND BORDER PROTECTION served on 7/17/2018; UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 7/17/2018; UNITED STATES DEPARTMENT OF STATE served on 7/16/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 7/16/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/16/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 8/15/2018.) (Shebaya, Sirine) (Entered: 07/23/2018)
14 NOTICE of Appearance by William Mark Nebeker on behalf of All Defendants (Nebeker, William) (Entered: 08/14/2018)
15 MOTION for Extension of Time to File Answer by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 08/14/2018)
16 RESPONSE re 15 MOTION for Extension of Time to File Answer filed by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES. (Shebaya, Sirine) (Entered: 08/15/2018)
MINUTE ORDER: Granting Motion 15 for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint by September 5, 2018. Future requests for the extension of any deadline by any party (or the parties jointly) must be made at least 48 hours prior to expiration of the deadline. Signed by Judge Tanya S. Chutkan on 8/17/18. (DJS) (Entered: 08/17/2018)
Set/Reset Deadlines: Answer due by 9/5/2018. (tb) (Entered: 08/17/2018)
17 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Baher Azmy, :Firm− Center for Constitutional Rights, :Address− 666 Broadway, 7th Floor, New York, NY 10012. Phone No. − 212−614−6427. Fax No. − 212−614−6422 Filing fee $ 100, receipt number 0090−5653118. Fee Status: Fee Paid. by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES (Attachments: # 1 Declaration of Baher Azmy, # 2 Text of Proposed Order)(Smith, Johnathan) (Entered: 08/22/2018)
18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Diala Shamas, :Firm− Center for Constitutional Rights, :Address− 666 Broadway, 7th Floor, New York, NY 10012. Phone No. − 212−614−6426. Fax No. − 212−614−6422 Filing fee $ 100, receipt number 0090−5653192. Fee Status: Fee Paid. by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES (Attachments: # 1 Declaration of Diala Shamas, # 2 Text of Proposed Order)(Smith, Johnathan) (Entered: 08/22/2018)
19 NOTICE of Change of Address by Johnathan James Smith (Smith, Johnathan) (Entered: 08/22/2018)
MINUTE ORDER: Granting 17 18 Motions for Leave to Appear Pro Hac Vice. Baher Azmy and Diala Shamas are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiffs. Signed by Judge Tanya S. Chutkan on 8/24/18. (DJS) (Entered: 08/24/2018)

09/05/2018 10/24/2018
10/25/2018 11/19/2018 11/28/2018 11/28/2018 11/28/2018 12/18/2018 12/19/2018 12/19/2018 01/22/2019
01/22/2019
02/01/2019 02/11/2019

20 ANSWER to Complaint by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE.(Nebeker, William) (Entered: 09/05/2018)
MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiffs' FOIA request, the anticipated number of documents responsive to Plaintiffs' FOIA request, the anticipated date(s) for release of the documents requested by Plaintiffs, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order by 11/19/18. Signed by Judge Tanya S. Chutkan on 10/24/18. (DJS) (Entered: 10/24/2018)
Set/Reset Deadlines: Joint Status Report due by 11/19/2018. (tb) (Entered: 10/25/2018)
21 Joint STATUS REPORT by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES. (Shebaya, Sirine) (Entered: 11/19/2018)
MINUTE ORDER: Having considered the parties' Joint Status Report 21 , it is hereby ordered that the parties shall file another joint report by 12/20/18. The report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 11/28/18. (DJS) (Entered: 11/28/2018)
Set/Reset Deadlines: Joint Status Report due by 12/20/2018. (tb) (Entered: 11/28/2018)
Set/Reset Deadlines: Joint Status Report due by 12/20/2018. (tb) (Entered: 11/28/2018)
22 Joint MOTION for Extension of Time to file Second Joint Status Report by CENTER FOR CONSTITUTIONAL RIGHTS, MUSLIM ADVOCATES (Attachments: # 1 Text of Proposed Order)(Smith, Johnathan) (Entered: 12/18/2018)
MINUTE ORDER: Granting 22 Joint Motion for Extension of Deadlines. Joint Status Report and proposed order due January 22, 2019. Signed by Judge Tanya S. Chutkan on 12/19/18. (DJS) (Entered: 12/19/2018)
Set/Reset Deadlines: Joint Status Report due by 1/22/2019. (tb) (Entered: 12/19/2018)
23 Unopposed MOTION to Stay (Defendants' Unopposed Motion to Stay Proceedings in Light of Lapse in Appropriations) by UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/22/2019)
MINUTE ORDER: Granting 23 Motion to Stay. All deadlines are hereby STAYED. Within fourteen days of Congress appropriating funds for the Justice Department, the parties shall file a joint status report containing proposed deadlines for further proceedings in this case. The joint report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 1/22/19. (DJS) (Entered: 01/22/2019)
24 NOTICE OF WITHDRAWAL OF APPEARANCE as to MUSLIM ADVOCATES, CENTER FOR CONSTITUTIONAL RIGHTS. Attorney Johnathan James Smith terminated. (Smith, Johnathan) . (Entered: 02/01/2019)
25 Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 02/11/2019)

02/26/2019
02/27/2019 03/11/2019 05/10/2019 07/09/2019 08/16/2019 09/09/2019 11/08/2019 01/08/2020 03/09/2020 03/09/2020 03/30/2020
03/31/2020
03/31/2020 04/28/2020

MINUTE ORDER: Having considered the parties' joint status report, it is hereby ordered that the parties shall fine anther joint status report by 3/11/19 and every 60 days thereafter. To the extent the parties propose a production schedule and/or briefing schedule, the status report shall include a proposed order. Signed by Judge Tanya S. Chutkan on 2/26/19.(DJS) (Entered: 02/26/2019)
Set/Reset Deadlines: Joint Status Report due by 3/11/2019. (tb) (Entered: 02/27/2019)
26 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 03/11/2019)
27 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 05/10/2019)
28 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 07/09/2019)
29 NOTICE OF WITHDRAWAL OF APPEARANCE as to MUSLIM ADVOCATES. Attorney Sirine Shebaya terminated. (Shebaya, Sirine) (Entered: 08/16/2019)
30 Joint STATUS REPORT by MUSLIM ADVOCATES. (Azmi, Nimra) (Entered: 09/09/2019)
31 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 11/08/2019)
32 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Nebeker, William) (Entered: 01/08/2020)
33 NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of All Defendants Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 03/09/2020)
34 Joint STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 03/09/2020)
35 Unopposed MOTION to Stay by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE (Attachments: # 1 Declaration of Eric F. Stein, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 03/30/2020)
MINUTE ORDER: Granting 35 Unopposed Motion to Stay. This action is hereby STAYED pending further order of the court. Defendant shall file a status report by April 28, 2020, and every thirty (30) days thereafter advising the Court whether operations have resumed, except that to the extent operations have resumed, the report shall be filed jointly and shall be accompanied by jointly proposed schedule, as well as a proposed order for moving forward with this case. Signed by Judge Tanya S. Chutkan on 3/31/2020. (DJS) (Entered: 03/31/2020)
Set/Reset Deadlines: Defendant's status report due by 4/28/2020. (tb) (Entered: 03/31/2020)
36 STATUS REPORT by L. FRANCIS CISSNA, UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES DEPARTMENT OF STATE. (Caplen, Robert) (Entered: 04/28/2020)

 
 Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 1 of 15

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES P.O. Box 66408 Washington, D.C. 20035
and
CENTER FOR CONSITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012
Plaintiffs, v.
UNITED STATES DEPARTMENT OF STATE  2201 C Street NW  Washington, D.C. 20530
UNITED STATES DEPARTMENT OF HOMELAND SECURITY  3801 Nebraska Avenue NW Washington, D.C. 20016
UNITED STATES CUSTOMS AND BORDER PROTECTION  1300 Pennsylvania Avenue NW Washington, D.C. 20004
and
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES 20 Massachusetts Ave NW Washington, D.C. 20529

CASE NO.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Defendants.

1

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 2 of 15
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs Muslim Advocates and the Center for Constitutional Rights (“CCR”) (collectively, “Plaintiffs”) bring this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq. for declaratory, injunctive, and other appropriate relief to compel the disclosure and release of documents from Defendants U.S. Department of State, U.S. Department of Homeland Security (“DHS”), and DHS component agencies, U.S. Customs and Border Protection (“CBP”) and U.S. Citizenship and Immigration Services (“USCIS”) (collectively, “Defendants”).
NATURE OF THIS ACTION 1. Plaintiffs Muslim Advocates and the Center for Constitutional Rights are not-forprofit legal advocacy and educational organizations. On January 23, 2018, Plaintiffs submitted a FOIA Request (the “Request”) for materials related to the waiver provisions set forth in President Donald Trump’s September 24, 2017 Proclamation 9645, titled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (hereinafter “the Proclamation”). See Ex. A., Muslim Advocates and CCR FOIA Request (Jan. 23, 2018). Closely following the two earlier enjoined executive orders it replaced, the Proclamation forbids nationals of eight countries from entering the United States: Chad1, Iran, Libya, North Korea, Syria, Venezuela2, and Yemen. As with the earlier two iterations, the vast majority of the individuals and countries impacted by the Proclamation are Muslim. Under the Proclamation’s terms, individuals who are
1 On April 10, 2018, the U.S. Department of State issued revisions to the Proclamation, removing the visa restrictions imposed on Chadian nationals. Chad was not among the countries banned in the First or Second Executive Orders. 2 Unlike the other listed nations, for Venezuela, the Proclamation only bars the entry on nonimmigrant business and/or tourist visas of certain Venezuelan government officials who are “involved in screening and vetting procedures” and their immediate family members.
2

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 3 of 15

otherwise banned can only enter the United States by being granted a waiver on a case-by-case basis. Although the Proclamation covers more than 135 million foreign nationals and their U.S. citizen family members, information about the standards governing this waiver process have not been made available to the public in any meaningful way.
2. The documents and information Plaintiffs seek are of utmost concern to the public, and Plaintiffs’ Request sets out the compelling, urgent need for clarity regarding the waiver process. Although the Proclamation lists some examples of situations in which a waiver grant would be appropriate, it provides neither detailed guidance nor information for impacted individuals about requesting consideration or demonstrating their eligibility for a waiver.
3. In its public filings, the government has described the waiver process as “robust,”3 “comprehensive”4 and “individualized.”5 It has also characterized the process as entirely within the consular officer’s discretion.6 However, publicly available evidence7, as well as information Plaintiff organizations have obtained from directly affected individuals, suggest that the process is cursory, nonexistent, not left to consular discretion, or so limiting that it can be considered nonexistent. In any event, it is not public. A recently published report further documents the

3 Defendants’ Opposition to Plaintiff’s Renewed Application for Temporary Restraining Order &

Preliminary Injunction at 2, Doe v. Trump, No. 17-CV-112-WMC (W.D. Wis. Mar. 10, 2017),

2017

WL

975996

at

*12,

available

at

http://assets.documentcloud.org/documents/3519757/Show-Temp.pdf.

4 Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction and/or Temporary

Restraining Order at 1, 10, 25, Int’l Refugee Assistance Project v. Trump, 241 F. Supp. 3d 539

(2017) (No. 8:17-cv-00361-TDC), 2017 WL 1047713 at *4, *13, *28.

5 Application for Stay Pending Appeal to the U.S. Court of Appeals for the Ninth Circuit at 25

n.8, Trump v. Hawaii, 137 S. Ct. 2080 (2017) (No. 16-1540).

6 Transcript of Oral Argument at 76, Trump v. Hawaii, No. 17-965 (U.S. argued Apr. 25, 2018),

http://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-965_3314.pdf

7 See, e.g., Jeremy Stahl, “The Waivers Process Is Fraud”, SLATE (Jun. 15, 2018),

http://slate.com/news-and-politics/2018/06/trump-travel-ban-waiver-process-is-a-sham-two-

consular-officers-say.html; Jeremy Stahl, “Correct the Record, Noel Francisco”, SLATE (Jun. 15,

2018), https://slate.com/news-and-politics/2018/06/trump-v-hawaii-supreme-court-travel-ban-

case-solicitor-general-noel-francisco-needs-to-correct-the-record.html.

3

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 4 of 15
opacity of the process, the conflicting reports, the absence of guidelines, and the resulting challenges faced by those seeking to avail themselves of the waiver process.8
4. Two Supreme Court justices have noted that the transparency and effectiveness of the waiver scheme would be crucial in assessing the Proclamation’s lawfulness. Trump v. Hawaii, 585 U.S. ____, ____ (2018) (Breyer, J. dissenting). Furthermore, the lack of transparency and conflicting reports have led public officials to seek information about how waivers are assessed, granted or denied, and whether the waiver process is merely “window dressing.”9
5. Since the Proclamation, Plaintiffs have received a multitude of requests for advice on the waiver process from banned individuals and their families. Plaintiffs have also received numerous reports from affected individuals that describe inconsistent visa processing by U.S. consulates located in Djibouti, Armenia, and Turkey.
6. Given the dearth of official guidance on the waiver process and the conflicting public reports, the documents and information that Defendants are illegally withholding will inform Plaintiffs’ ability to thoroughly counsel and aid banned individuals. The information is also key to understanding the scope of the Proclamation’s waiver provision and whether it is being implemented in a discriminatory, unconstitutional, or otherwise unlawful manner.
7. As of this filing, Defendants have failed to comply with their obligations under FOIA: Defendants have not issued a final determination in response to Plaintiffs’ Request, and
8 Center for Constitutional Rights and the Rule of Law Clinic at Yale Law School, Window Dressing the Muslim Ban: Reports of Waivers and Mass Denials from Yemeni-American Families Stuck in Limbo (2018). 9 Transcript of Oral Argument, supra note 6 at 72, 76-77; Letter from Mary K. Waters, Assistant Sec’y for Legislative Affairs, Dep’t of State to Sen. Chris Van Hollen (Feb. 22, 2018), http://fingfx.thomsonreuters.com/gfx/reuterscom/1/60/60/letter.pdf.
4

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 5 of 15
have yet to produce any documents. Defendants had previously failed to respond to Plaintiff Muslim Advocates’ June 27, 2017 FOIA request seeking similar information about the waivers provision in Executive Order 13,780 (the “Second Executive Order”); that request is the subject of ongoing litigation in this court. See Muslim Advocates v. Dep’t of State, 1:17-CV-02080-TSC (D.D.C. Feb. 20, 2018).
8. Plaintiffs bring this action to compel Defendants to immediately process and release to Plaintiffs all responsive records that they have unlawfully withheld.
JURISDICTION AND VENUE 9. This Court has original jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1346. This Court also has subject matter jurisdiction over this action and personal jurisdiction over all parties pursuant to 5 U.S.C. § 552(a)(4)(B). 10. Venue is proper in this District pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e), because a substantial portion of the events giving rise to this action occurred in this District, and because Defendants maintain records and information subject to the Request in this District.
PARTIES 11. Plaintiff Muslim Advocates is a non-profit corporation with offices in Washington, D.C. and California that works to ensure civil rights for Americans of all faiths through national legal advocacy, litigation, policy engagement, and civic education. Muslim Advocates also regularly disseminates information to the public through its website, social media platforms, and email distribution lists. Muslim Advocates submitted the Request that is the subject of this action and is a “person” within the meaning of 5 U.S.C. § 551(2).
5

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 6 of 15
12. Plaintiff CCR is a non-profit, legal and public education organization located in New York City that engages in litigation, public advocacy, and the production of publications in the fields of civil rights, and domestic and international human rights. CCR also regularly disseminates information through CCR’s website as well as social media platforms. CCR submitted the Request that is the subject of this action and is a “person” within the meaning of 5 U.S.C. § 551(2).
13. Defendant Department of State is an “agency” within the meaning of 5 U.S.C. § 552(f)(1). Department of State is the executive department responsible for international relations and is an agency of the United States. Department of State has possession of and control over the documents and information requested by Plaintiffs under FOIA.
14. Defendant DHS is an “agency” within the meaning of 5 U.S.C. § 552(f)(1). DHS is the executive department responsible for enforcing federal immigration laws and is an agency of the United States. DHS has possession of and control over the documents and information requested by Plaintiffs under FOIA.
15. Defendant CBP is a component agency of DHS and an “agency” within the meaning of 5 U.S.C. § 552(f)(1). CBP is the component agency of DHS that manages the United States’ borders. CBP has possession of and control over the documents and information requested by Plaintiffs under FOIA.
16. Defendant USCIS is a component agency of DHS and an “agency” within the meaning of 5 U.S.C. § 552(f)(1). USCIS is the component agency of DHS that oversees immigration to the United States. USCIS has possession of and control over the documents and information requested by Plaintiffs under FOIA.
STATUTORY BACKGROUND
6

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 7 of 15
17. The Freedom of Information Act provides that any member of the public may request records from a United States agency. Upon receipt of a FOIA request, an agency must determine within 20 business days—or, in “unusual circumstances,” by 30 business days— whether it will comply with a request and notify the requestor of its determination and reasoning in writing. 5 U.S.C. § 552(a)(6)(A)(i)-(B)(i). This determination must also timely indicate the scope of the documents the office intends to produce and the exemptions, if any, that it will apply to withhold documents.
18. In response to a FOIA request, an agency must disclose in a timely manner all records that do not fall within nine narrowly construed statutory exemptions after engaging in a reasonable search for responsive records, including of any field offices that may possess relevant materials. 5 U.S.C. § 552 (a)(3)(A), (C), (b)(1)-(9).
19. Although a requester under FOIA must typically appeal agency action administratively before commencing litigation, if the agency has failed to abide by its obligations and issue a determination within the statutory timeframe, the administrative appeals process is considered exhausted. 5 U.S.C. § 552(a)(6)(C)(i). Upon complaint, a district court can enjoin an agency from withholding records and order production of records improperly withheld. 5 U.S.C. § 552(a)(4)(B).
FACTUAL BACKGROUND 20. On January 27, 2017, President Trump issued Executive Order 13,769, titled “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “First Executive Order”). The First Executive Order banned the entry of individuals from seven predominantly Muslim countries—Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen—into the United States for ninety days. It also suspended the entire United States Refugee Admissions Program for 120
7

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 8 of 15
days, indefinitely barred the entry of Syrian refugees, and included an exception for non-Muslim refugees. Exec. Order No. 13,769 § 5(a)-(c), 82 Fed. Reg. 8977 (Jan. 27, 2017).
21. Following a series of successful legal challenges enjoining the First Executive Order, President Trump issued a new executive order on March 6, 2017, Executive Order No. 13,780, which took effect on March 16, 2017 (“Second Executive Order”). This Second Executive Order maintained the ban on six Muslim majority countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—for 90 days, removing Iraq from the list of targeted countries but subjecting Iraqis to specific enhanced-vetting requirements. Exec. Order No. 13,780 § 2(c), 82 Fed. Reg. 13,209 (Mar. 6, 2017). The Second Executive Order also provided for the grant of case-by-case waivers for individuals whose entry was otherwise suspended. Id.
22. After the Fourth and Ninth Circuits nationally enjoined the Second Executive Order, the Secretary of Homeland Security undertook a “worldwide review” to assess what “additional information would be needed from each foreign country to assess adequately whether their nationals seeking to enter the United States pose a security or safety threat.” See Proclamation No. 9645 § 1(c), 82 Fed. Reg. 45161 (Sept. 24, 2017). This “worldwide review” ostensibly resulted in Presidential Proclamation 9645 on September 24, 2017, which is the subject of this Request. The Proclamation indefinitely bars nationals of eight countries from entry into the U.S.: Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen. See id. § 1(g). There is near-perfect overlap between the Muslim-majority countries whose nationals are banned before and after the “worldwide review.”
23. On June 26, 2018, the Supreme Court upheld the legality of the Proclamation, allowing the ban on nationals of five predominantly Muslim countries to remain in effect indefinitely.
8

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 9 of 15
24. The Proclamation, like the Second Executive Order, allows for case-by-case waivers from the ban on entry to the United States, which can be granted by a consular officer, the Commissioner, CBP, or the Commissioner’s designee in certain circumstances. Id. § 3(c). These circumstances include whether the denial of entry “would cause undue hardship,” when “entry would not pose a threat to national security,” and when entry “would be in the national interest.” See id. The Proclamation further requires the Secretary of State and the Secretary of Homeland Security to coordinate to adopt guidance establishing when waivers may be appropriate for otherwise barred foreign nationals. See id. No such guidance has been publicly promulgated to date, and the agencies have not provided any meaningful information about the waiver application procedure, how waiver eligibility determinations are made, and whether any recourse exists for persons denied a waiver. However, publicly available statements by consular officers have confirmed that some guidance has been promulgated, at least in the form of guidance cables, sample questions and answers, and other instructions.10 Such documents, essential to understanding the Proclamation “as it is written” and “as it is applied”, are reportedly not classified. Trump v. Hawaii, 585 U.S. ____, ____ (2018) (Breyer, J. dissenting) (internal quotes omitted).
25. Immediately after the Proclamation went into effect, Plaintiffs began receiving reports from banned individuals of pro forma, mass denials of both visas and waivers by consular offices in Armenia, Turkey, Djibouti, and elsewhere. Many of the individuals who were notified that they had been denied waivers had never even been provided an opportunity to seek a waiver. Automatically denied individuals include those who had previously been informed that their visas had been approved. Further, government statistics indicate that the number of waivers
10 See Stahl, supra note 7.
9

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 10 of 15
granted is “a miniscule percentage” of those eligible for visas—during the Proclamation’s first month, the State Department reported that of the 6,555 applicants it received, it approved only two for waivers. Hawaii, 585 U.S. at _____ (2018) (Breyer, J. dissenting) (internal quotes omitted).
26. This lack of clarity has augmented the chaos and hardship experienced by the affected individuals—many of whom are direct relatives of U.S. citizens or Lawful Permanent Residents.
27. In light of the Supreme Court’s ruling upholding the Proclamation’s indefinite ban, a waiver grant is the exclusive means by which banned nationals of the named countries may enter the United States, the records Plaintiffs request would provide information vitally important to the public and to Plaintiffs’ ability to advise impacted individuals and families. Moreover, the records requested are critical to illuminating whether the government is applying the waiver system in a non-discriminatory fashion. Hawaii, 585 U.S. at ____ (2018) (Breyer, J. dissenting).
PLAINTIFFS’ FOIA REQUEST 28. Plaintiffs submitted the Request to Defendants on January 23, 2018. 29. The Request seeks records created on or after September 24, 2017, the date of the Proclamation, that concern guidance, interpretation, implementation, or enforcement of the Proclamation’s waiver provision by DHS, CBP, the Department of State, or any other component agency of the federal government. See Ex. A, Muslim Advocates and CCR FOIA Request. 30. Broadly, the Request seeks policies, guidance, and procedures responsive to the relevant timeframe that illuminate how the individual waiver requests are accepted and assessed, including how the factors laid out in the Proclamation of “undue hardship”, “threat to national
10

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 11 of 15
security”, and entry “in the national interest” are evaluated. The Request also seeks quantitative data points such as the numbers of waiver requests received, granted, and denied under the Proclamation by the Department of State, CBP, DHS, or any DHS component agency.
31. Plaintiffs sought expedited processing pursuant to 5 U.S.C. § 552(a)(6)(E) due to the magnitude of public interest and the “compelling need” for greater transparency regarding government policies concerning implementation of the Proclamation.
32. Plaintiffs also sought a fee waiver pursuant to 5 U.S.C. § 552(a)(4)(A)(ii)(II), (iii) on the basis that “disclosure of the request materials is in the public interest because it is likely to contribute significantly to the public understanding of the activities or operations of the government and is not primarily in the commercial interest” of Plaintiffs, and in light of their roles as members of the news media.
AGENCY RESPONSE AND EXHAUSTION OF ADMINISTRATIVE REMEDIES Defendant DHS’s Response
33. On February 2, 2018, DHS sent a letter via email acknowledging receipt of the Request in their office on January 23, 2018 and granting expedited processing and fee waiver. See Ex. B, Letter from LaEbony Livingston, FOIA Program Specialist to Sirine Shebaya, Senior Staff Attorney (Feb. 2, 2018). Under 6 C.F.R. Part 5 § 5.5c, DHS invoked a 10-day extension beyond the typical 20-day statutory limit to respond to Plaintiffs’ Request. See id.
34. Therefore, DHS was required to respond to Plaintiffs’ Request on or before March 6, 2018.
35. As of this filing, Plaintiffs have not received the required determination from DHS; nor have they received any responsive records or any other substantive reply to their
11

Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 12 of 15
Request. In fact, Plaintiffs have received no further correspondence from DHS since the February 2, 2018 letter.
Defendant USCIS’s Response 36. On February 6, 2018, USCIS sent a letter via email acknowledging receipt of the Request and granting a fee waiver, denying expedited processing, and limiting the scope of responsive documents to those in USCIS’ possession as of February 6, 2018. See Ex. C, Letter from Jill A. Eggleston, Director of FOIA Operations to Sirine Shebaya, Senior Staff Attorney (Feb. 6, 2018). Pursuant to 5 U.S.C. § 552(a)(6)(B), USCIS invoked a 10-day extension beyond the typical 20-day statutory limit to respond to Plaintiffs’ Request. See id. 37. USCIS was therefore required to respond to Plaintiffs’ Request on or before March 20, 2018. 38. As of this filing, Plaintiffs have not received the required determination from USCIS; nor have they received any responsive records or any other substantive reply to their Request. Plaintiffs have received no communication from USCIS since their initial February 6, 2018 letter.
Defendant CBP’s Response 39. On February 7, 2018, CBP sent an email acknowledging receipt of the Request in their office on January 31, 2018 and denying both a fee waiver and expedited processing. See Ex. D, Letter from U.S. Customs and Border Protection to Sirine Shebaya, Senior Staff Attorney (Feb. 7, 2018). Pursuant to 5 U.S.C. § 552(a)(6)(B), CBP referenced a 10-day extension beyond the typical 20-day statutory limit to respond to Plaintiffs’ Request but did not invoke it. See id. 40. CBP’s Letter stated, “Currently the average time to process a FOIA request related to ‘travel/border incidents’ is a minimum of 3-6 months.” See id. However, the letter did
12

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not advise whether this amount of time would be required to respond to the Request or explain why Plaintiffs’ request for records relating to the Proclamation’s waiver process would be subject to the processing period for requests related to “travel/border incidents.”
41. Without the 10-day extension, CBP’s response to Plaintiffs was due on or before February 28, 2018. At the latest, even with the 10-day extension which it did not invoke, CBP’s response was due on or before March 14, 2018.
42. As of this filing, Plaintiffs have not received the required determination from CBP; nor have they received any responsive records or any other substantive reply to their Request. Plaintiffs have received no communication from CBP since their February 7, 2018 letter.
43. Moreover, while CBP’s letter provided a tracking number to monitor the Request online as it was being processed by CBP, as of this filing, a search for the Request on the online FOIA portal returns no results. See Ex. E.
Defendant Department of State’s Response 44. As of this filing, Plaintiffs have received no communication from the Department of State regarding receipt of the Request nor any communication regarding determination or processing nor any records responsive to Plaintiffs’ Request.
Exhaustion of Administrative Remedies 45. Despite their clear obligations under FOIA, Defendants have not provided any substantive determination in response to the Request nor released any records responsive to the Request within the statutory timeframe.
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46. Because Defendants have not complied with the statutory time limits set forth in the FOIA statute, Plaintiffs’ administrative remedies are considered exhausted under 5 U.S.C. § 552(a)(6)(C)(i).
CAUSE OF ACTION Violation of the Freedom of Information Act
5 U.S.C. § 552(a) 47. Defendants have violated 5 U.S.C. § 552(a)(6)(A)-(B) and applicable regulations promulgated thereunder by failing to determine whether to comply with Plaintiffs’ Request and communicate such determination to Plaintiffs within 30 days. 48. Defendants’ failure to timely release agency records in response to Plaintiffs’ request has violated 5 U.S.C. § 552(a)(3)(A). 49. Defendants have violated 5 U.S.C. § 552(a)(3)(C)-(D) by failing to make reasonable efforts to search for records responsive to Plaintiffs’ Request. 50. 5 U.S.C. § 552(a)(4)(B) authorizes the grant of injunctive relief to Plaintiffs because Defendants continue to flout FOIA and improperly withhold agency records. Because Defendants’ refusal to respond to Plaintiffs’ requests prevents Plaintiffs from properly advising impacted individuals and educating the public about the ramifications of the Proclamation’s waivers process, Plaintiffs will continue to suffer irreparable injury from Defendants’ withholding of government documents subject to Plaintiffs’ Request in defiance of FOIA mandates. 51. 28 U.S.C. § 2201 authorizes declaratory relief because an actual and justiciable controversy exists regarding Defendants’ improper withholding of agency records in violation of FOIA.
PRAYER FOR RELIEF
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Case 1:18-cv-01546-TSC Document 2 Filed 06/28/18 Page 15 of 15

WHEREFORE, Plaintiffs Muslim Advocates and the Center for Constitutional Rights respectfully pray that the Court:
A. Enter judgment that Defendants’ failure to determine within the statutorily appointed 30 days whether to comply with the Request and timely notify Plaintiffs of such determination and its reasoning violates FOIA;
B. Enter judgment that Defendants’ unlawful withholding of the records requested violates FOIA;
C. Enter an order requiring Defendants to immediately release any and all responsive and not otherwise exempt records to Plaintiffs;
D. Award Plaintiffs their reasonable costs and attorneys’ fees pursuant to 5 U.S.C. §  552(a)(4)(E); and  
E. Award such other further relief as the Court may deem just and proper. DATED: June 28, 2018 Respectfully submitted,

/s/Sirine Shebaya Johnathan Smith (D.C. Bar No. 1029373) Sirine Shebaya (D.C. Bar No. 1019748) Nimra H. Azmi*° MUSLIM ADVOCATES P.O. Box 66408 Washington, D.C. 20035 (202) 897-2622 sirine@muslimadvocates.org nimra@muslimadvocates.org

Baher Azmy* Diala Shamas* CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6426 dshamas@ccrjustice.org

* application for pro hac vice admission forthcoming °admitted in New York only; supervised by members of the DC bar

15

 
 Case 1:18-cv-01546-TSC Document 30 Filed 09/09/19 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS:
In addition to the productions identified in the previous Joint Status Reports, DOS made productions of non-exempt, responsive material to Plaintiffs on July 25, 2019, and August 26, 2019. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate, with the next production on September 25, 2019.

Case 1:18-cv-01546-TSC Document 30 Filed 09/09/19 Page 2 of 3
b. USCIS:
USCIS has finished its search, and has completed its review of potentially responsive records. In addition to the earlier USCIS production of documents, USCIS has processed 304 pages itself and referred 2045 pages to DHS for review, which remains pending.
c. CBP materials:
CBP has concluded its search for responsive documents and has identified five pages of responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records. Plaintiffs are currently reviewing CBP’s production and memorandum and will report any issues with the production to the court at the next status report. Plaintiffs’ counsel has asked CBP for some additional information about two redactions in the materials produced by CBP. Counsel for Defendants has responded to that inquiry and Plaintiff is considering the response.
DHS: As DHS has previously advised the Court, by email dated May 7, 2019, DHS advised Plaintiffs that it had reviewed 3,709 pages of which 595 pages were being released in full, 2,515 pages were withheld in full, 213 pages were withheld in part pursuant to FOIA exemptions (b)(5) and (b)(6), and 222 pages were determined to be duplicates or nonresponsive. DHS further advised that part of the reviewed 3,709 pages contained other equities and therefore sent 27 pages to the Office of Inspector General (OIG) for review and direct response to Plaintiffs and 138 pages for consultation to other agencies. As to the consultations, DHS is still awaiting a response from two agencies, ICE and State. DHS is also still processing the documents referred by USCIS, totaling 2,346 pages, and at this juncture cannot estimate
2

Case 1:18-cv-01546-TSC Document 30 Filed 09/09/19 Page 3 of 3

when it will complete processing of this referral. DHS will seek to provide an estimate of time at the next Joint Status Report.

On September 6, 2019, Plaintiffs sought DHS’ position on producing a Vaughn index for documents produced thus far that have been withheld and redacted. DHS has not yet reached a position on producing a Vaughn index.

The parties intend to consult again as productions proceed and propose that they file

another joint status report on November 8, 2019, pursuant to the Court’s Minute Order dated

February 26, 2019.

Dated: September 9, 2019

Respectfully submitted,

/s/ Nimra H. Azmi Nimra H. Azmi* MUSLIM ADVOCATES P.O. Box 34440 Washington, D.C. 20043 (202) 897-2564 nimra@muslimadvocates.org

JESSIE K. LIU, DC Bar #472845 United States Attorney
DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division

Baher Azmy*

Diala Shamas*

By:

/s/

CENTER FOR CONSTITUTIONAL W. MARK NEBEKER, DC Bar #396739

RIGHTS

Assistant United States Attorney

666 Broadway, 7th Floor

555 4th Street, N.W.

New York, NY 10012

Washington, DC 20530

(212) 614-6426

(202) 252-2536

dshamas@ccrjustice.org

mark.nebeker@usdoj.gov

*admitted pro hac vice Counsel for Plaintiffs

Counsel for Defendants

3

 
 Case 1:18-cv-01546-TSC Document 31 Filed 11/08/19 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.

a. DOS: In addition to the productions identified in the previous Joint Status Reports, DOS made
productions of non-exempt, responsive material to Plaintiffs on September 25, 2019, and October 25, 2019. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate. DOS estimates that approximately 2,900 potentially responsive pages remain to be processed in the case, which it estimates can be accomplished by the end of August 2020.

Case 1:18-cv-01546-TSC Document 31 Filed 11/08/19 Page 2 of 4
b. USCIS: USCIS has finished its search, and has completed its review of potentially responsive
records. In addition to the earlier USCIS production of documents, USCIS has processed 304 pages itself and referred over 2000 pages to DHS for review, which remains pending.
c. CBP materials: CBP has concluded its search for responsive documents and has identified five pages of
responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records. Plaintiffs are currently reviewing CBP’s production and memorandum and will report any issues with the production to the court at the next status report. Plaintiffs’ counsel has asked CBP for some additional information about two redactions in the materials produced by CBP. Counsel for Defendants has responded to that inquiry and Plaintiff continues its consideration of the response.
DHS: As DHS has previously advised the Court, by email dated May 7, 2019, DHS advised Plaintiffs that it had reviewed 3,709 pages of which 595 pages were being released in full, 2,515 pages were withheld in full, 213 pages were withheld in part pursuant to FOIA exemptions (b)(5) and (b)(6), and 222 pages were determined to be duplicates or non-responsive. DHS further advised that part of the reviewed 3,709 pages contained other equities and therefore sent 27 pages to the Office of Inspector General (“OIG”) for review and direct response to Plaintiffs and 138 pages for consultation to other agencies. As to the consultations, DHS is still awaiting a response from two agencies, ICE and State, but is reaching out to them to ascertain the current
2

Case 1:18-cv-01546-TSC Document 31 Filed 11/08/19 Page 3 of 4 status of those referrals for consultation. DHS is also still processing the documents referred by USCIS, totaling over 2,000 pages, and at this juncture cannot estimate when it will complete processing of this referral, but does anticipate that it can begin the processing of those materials after the production of another request is completed, which DHS anticipates will be next month.
Plaintiffs have sought DHS’ position on producing a Vaughn index for documents produced thus far that have been withheld and redacted. DHS has indicated that it believes that to commit to a complete Vaughn Index in advance of summary judgment briefing would place too much of a strain on DHS resources, but DHS would be willing to consider a more limited approach to an early Vaughn Index. DHS believes that there is often much non-controversial material that the parties can remove from the case early, and has asked if Plaintiffs would be willing to look at the DHS production and see if there are specific withholdings they plan on challenging and perhaps, depending on the number, DHS may be in a position to provide a partial Vaughn Index or other similar response. Plaintiffs are considering this approach.
3

Case 1:18-cv-01546-TSC Document 31 Filed 11/08/19 Page 4 of 4

The parties intend to consult again as productions proceed and propose that they file another joint status report on January 7, 2020, pursuant to the Court’s Minute Order dated February 26, 2019.

Dated: November 8, 2019

Respectfully submitted,

/s/ Nimra H. Azmi Nimra H. Azmi* MUSLIM ADVOCATES P.O. Box 34440 Washington, D.C. 20043 (202) 897-2564 nimra@muslimadvocates.org

JESSIE K. LIU, DC Bar #472845 United States Attorney
DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division

Baher Azmy*

Diala Shamas*

By:

/s/

CENTER FOR CONSTITUTIONAL W. MARK NEBEKER, DC Bar #396739

RIGHTS

Assistant United States Attorney

666 Broadway, 7th Floor

555 4th Street, N.W.

New York, NY 10012

Washington, DC 20530

(212) 614-6426

(202) 252-2536

dshamas@ccrjustice.org

mark.nebeker@usdoj.gov

*admitted pro hac vice Counsel for Plaintiffs

Counsel for Defendants

4

 
 Case 1:18-cv-01546-TSC Document 32 Filed 01/08/20 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.

a. DOS: In addition to the productions identified in certain previous Joint Status Reports, DOS
made productions of non-exempt, responsive material to Plaintiffs on September 25, 2019; October 25, 2019; November 21, 2019; and December 26, 2019. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate. DOS estimates that approximately 1,400 potentially responsive pages remain to be processed in the case, which it estimates can be accomplished by the end of May 2020.

Case 1:18-cv-01546-TSC Document 32 Filed 01/08/20 Page 2 of 4
b. USCIS: USCIS has finished its search, and has completed its review of potentially responsive
records. In addition to the earlier USCIS production of documents, USCIS has processed 304 pages itself and referred over 2000 pages to DHS for review, which remains pending.
c. CBP materials: CBP has concluded its search for responsive documents and has identified five pages of
responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records. Plaintiffs are currently reviewing CBP’s production and memorandum and will report any issues with the production to the court at the next status report. Plaintiffs’ counsel has asked CBP for some additional information about two redactions in the materials produced by CBP. Counsel for Defendants has responded to that inquiry and Plaintiffs do not have follow-up questions at this time.
DHS: As DHS has previously advised the Court, by email dated May 7, 2019, DHS advised Plaintiffs that it had reviewed 3,709 pages of which 595 pages were being released in full, 2,515 pages were withheld in full, 213 pages were withheld in part pursuant to FOIA exemptions (b)(5) and (b)(6), and 222 pages were determined to be duplicates or non-responsive. DHS further advised that part of the reviewed 3,709 pages contained other equities and therefore sent 27 pages to the Office of Inspector General (“OIG”) for review and direct response to Plaintiffs and 138 pages for consultation to other agencies. As to the consultations, DHS is still awaiting a response from two agencies, ICE and State, but is reaching out to them to ascertain the current
2

Case 1:18-cv-01546-TSC Document 32 Filed 01/08/20 Page 3 of 4 status of those referrals for consultation. DHS is also still processing the documents referred by USCIS, totaling over 2,000 pages, and at this juncture cannot estimate when it will complete processing of this referral, but does anticipate that it can begin the processing of those materials after the production of another request is completed, which DHS anticipates will be next month.
Plaintiffs have sought DHS’ position on producing a Vaughn index for documents produced thus far that have been withheld and redacted. DHS has indicated that it believes that to commit to a complete Vaughn Index in advance of summary judgment briefing would place too much of a strain on DHS resources, but DHS would be willing to consider a more limited approach to an early Vaughn Index. DHS believes that there is often much non-controversial material that the parties can remove from the case early, and has asked if Plaintiffs would be willing to look at the DHS production and see if there are specific withholdings they plan on challenging and perhaps, depending on the number, DHS may be in a position to provide a partial Vaughn Index or other similar response. Plaintiffs are considering this approach.
3

Case 1:18-cv-01546-TSC Document 32 Filed 01/08/20 Page 4 of 4

The parties intend to consult again as productions proceed and propose that they file another joint status report on March 9, 2020, pursuant to the Court’s Minute Order dated February 26, 2019.1

Dated: January 8, 2020

Respectfully submitted,

/s/ Nimra H. Azmi Nimra H. Azmi* MUSLIM ADVOCATES P.O. Box 34440 Washington, D.C. 20043 (202) 897-2564 nimra@muslimadvocates.org

JESSIE K. LIU, DC Bar #472845 United States Attorney
DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division

Baher Azmy*

Diala Shamas*

By:

/s/

CENTER FOR CONSTITUTIONAL W. MARK NEBEKER, DC Bar #396739

RIGHTS

Assistant United States Attorney

666 Broadway, 7th Floor

555 4th Street, N.W.

New York, NY 10012

Washington, DC 20530

(212) 614-6426

(202) 252-2536

dshamas@ccrjustice.org

mark.nebeker@usdoj.gov

*admitted pro hac vice Counsel for Plaintiffs

Counsel for Defendants

1 The parties note that the 60th day from the last status report ended on a day when the federal government and the Court were closed due to inclement weather. Thus, this joint status report is being filed in the first day thereafter on which the Court is accessible. See Fed. R. Civ. P. 6(a)(3).
4

 
 Case 1:18-cv-01546-TSC Document 21 Filed 11/19/18 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in response to the Court’s Minute Order dated October 24, 2018. 1. On June 27, 2018, Muslim Advocates and CCR filed a complaint alleging that DOS, DHS, CBP, and USCIS had failed to respond to Freedom of Information Act (“FOIA”) requests seeking records related to the waiver provisions* set forth in President Donald Trump’s September 24, 2017 Proclamation 9645 (hereinafter “the Proclamation”) that concern guidance, interpretation, implementation, or enforcement of the Proclamation’s waiver provision by DHS, CBP, DOS, or any other component agency of the federal government.

* Plaintiff provides this summary of the Proclamation: The Proclamation allows for case-by-case waivers from the ban on entry to the United States; these waivers can be granted to foreign nationals seeking entry into the United States by a consular officer, the Commissioner, CBP, or the Commissioner’s designee in certain circumstances.

Case 1:18-cv-01546-TSC Document 21 Filed 11/19/18 Page 2 of 5
2. Defendants filed a motion for extension of time to answer on August 14, 2018. On August 17, 2018, this Court granted Defendants’ request by minute order and reset the deadline for answer as September 5, 2018. Defendants filed their answer September 5, 2018.
3. On September 24, 2018, Plaintiffs spoke with Assistant United States Attorney Mark Nebeker and attorneys or representatives for CBP and DHS regarding the status of Defendants’ searches and productions. CBP represented that it had found 3 documents responsive to Plaintiffs’ request and would produce them in October. Plaintiffs were informed that DOS productions would begin in October and move forward on a monthly basis. Plaintiffs were also told updates on DHS and USCIS searches would follow shortly.
4. By minute order on October 24, 2018, the Court instructed the parties to “meet, confer, and propose a scheduling for proceeding in this matter” and address “the status of Plaintiffs’ FOIA request, the anticipated number of documents responsive to Plaintiffs’ FOIA request, the anticipated date(s) for release of the documents requested by Plaintiffs, whether a motion for an Open America stay is likely in this case, whether a Vaughn Index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues.”
5. On October 24, 2018 DOS produced to Plaintiffs 51 pages of responsive documents, primarily consisting of some e-mails and agency guidance.
6. On November 16-19, 2018, Defendants provided Plaintiffs with the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS: On October 24, 2018, DOS made available to Plaintiffs the first of its productions. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate. DOS has not completed its search for responsive documents
2

Case 1:18-cv-01546-TSC Document 21 Filed 11/19/18 Page 3 of 5
and does not have a number of responsive documents. DOS does not anticipate utilizing an Open America stay and will discuss whether a Vaughn Index will be needed after Plaintiffs have reviewed the completed production.
b. USCIS: USCIS’s search for documents responsive to Plaintiffs’ request is nearly complete and, thus far, has uncovered 345 potentially responsive pages. Those materials have not yet undergone a review to determine whether each is responsive to Plaintiffs’ request. USCIS anticipates that the searches will be completed by the end of November. USCIS also anticipates that production should begin in December and that it will make rolling disclosures until processing is complete. Assuming that the number of responsive pages does not change drastically, USCIS anticipates that it can complete its production by mid-January 2019. USCIS does not anticipate the need for an Open America stay. The parties do not know whether a Vaughn Index will be required yet, since the documents have not been processed. The parties intend to consult again after the final production.
c. CBP: CBP has identified three responsive documents: a muster issued to all CBP Field Operations employees setting forth implementation guidance for Presidential Proclamation 9645 (including guidance on the waiver provision), a memo setting forth that implementation guidance, and a delegation order in which the CBP Commissioner delegated his authority to approve waivers on a case by case basis to certain CBP officials. CBP intends to release these documents to Plaintiffs within 30 days of this filing. CBP does not anticipate utilizing an Open America stay and will discuss whether a Vaughn Index will be needed after Plaintiffs have reviewed the production.
d. DHS: The status of Plaintiffs’ FOIA request with DHS is that the search is complete, and after a preliminary review for responsiveness, DHS has identified as many as
3

Case 1:18-cv-01546-TSC Document 21 Filed 11/19/18 Page 4 of 5
3675 potentially responsive pages. DHS will make the final determination regarding the responsiveness of each document while processing the records for release. DHS anticipates that document production should begin by December 15, 2018, and anticipates making monthly rolling disclosures, processing 350 pages per month. DHS does not anticipate the need for a stay. The parties do not know whether a Vaughn Index will be required yet, since the documents have not all been processed. The parties intend to consult again after the final production.
7. Plaintiffs’ Statement. a. In consideration of the length of time this request has been pending,
Plaintiffs expect and hope that all Defendants will move quickly to meaningfully respond and produce documents.
b. Plaintiffs have not yet received, per the Court’s October 24, 2018 minute order, the “anticipated number of documents responsive to Plaintiffs’ FOIA request,” for DOS and USCIS. While Plaintiffs appreciate DOS’s October production and promise of forthcoming rolling productions, Plaintiffs request information regarding the total number of anticipated documents from DOS.
c. In order to fulfill the Court’s October 24, 2018 minute order, Plaintiffs ask that Defendants provide Plaintiffs with anticipated total numbers of responsive documents for DOS and USCIS by December 3, 2018.
d. In light of Defendants’ ongoing searches for and releases of records responsive to Plaintiffs’ FOIA request, the parties respectfully request that the Court defer the entry of a briefing schedule at this time and instead order the parties to submit another joint status report updating the Court on the status of Defendants’ responses to Plaintiffs’ FOIA requests within 31 days: on or before December 20, 2018.
4

Case 1:18-cv-01546-TSC Document 21 Filed 11/19/18 Page 5 of 5

Respectfully submitted,

/s/Sirine Shebaya

JESSIE K. LIU, D.C. Bar # 472845

Johnathan Smith (D.C. Bar # 1029373) United States Attorney

Sirine Shebaya (D.C. Bar # 1019748)

Nimra H. Azmi*°

MUSLIM ADVOCATES

DANIEL F. VAN HORN, D.C. Bar #

P.O. Box 34440

924092

Washington, D.C. 20043

Chief, Civil Division

(202) 897-2622

sirine@muslimadvocates.org

nimra@muslimadvocates.org

By:

/s/

W. MARK NEBEKER, D.C. Bar # 396739

Baher Azmy*

Assistant United States Attorney

Diala Shamas*

555 4th Street, N.W.

CENTER FOR CONSTITUTIONAL Washington, D.C. 20530

RIGHTS

(202) 252-2536

666 Broadway, 7th Floor

mark.nebeker@usdoj.gov

New York, NY 10012

(212) 614-6426

dshamas@ccrjustice.org

Counsel for Defendants

*admitted pro hac vice °admitted in New York only; supervised by members of the DC bar

Counsel for Plaintiffs

Dated: November 19, 2018

5

 
 Case 1:18-cv-01546-TSC Document 26 Filed 03/11/19 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. 1. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS: DOS made a production of non-exempt, responsive material to Plaintiffs on February 25, 2018. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate, with the next production on March 25, 2019.

Case 1:18-cv-01546-TSC Document 26 Filed 03/11/19 Page 2 of 3
b. USCIS: USCIS has finished its initial search, and has almost completed its review of approximately 2,700 remaining pages of potentially responsive records. Assuming that no additional searches are deemed necessary, USCIS still anticipates being able to begin rolling productions of responsive, non-exempt USCIS records starting no later than April 2019.
c. CBP: CBP has concluded its search for responsive documents and has identified five pages of responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records.
d. DHS: DHS has completed its search and the processing of the approximately 3,709 potentially responsive pages. At this juncture, DHS has begun review of the pages processed but is unable to provide an estimated release date. DHS will provide an estimated release date in the next joint status report. DHS anticipates that it will make a single production.
2

Case 1:18-cv-01546-TSC Document 26 Filed 03/11/19 Page 3 of 3

2. The parties intend to consult again as productions proceed and propose that they

file another joint status report on May 10, 2019 pursuant to the Court’s Minute Order dated

February 26, 2019.

Dated: March 11, 2019

Respectfully submitted,

/s/Sirine Shebaya Sirine Shebaya (D.C. Bar # 1019748) Nimra H. Azmi*° MUSLIM ADVOCATES P.O. Box 66408 Washington, D.C. 20035 (202) 897-2622 sirine@muslimadvocates.org nimra@muslimadvocates.org
Baher Azmy* Diala Shamas* CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6426 dshamas@ccrjustice.org
*admitted pro hac vice °admitted in New York only; practice limited to federal courts and agencies

JESSIE K. LIU, DC Bar #472845 United States Attorney

DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division

By:

/s/

W. MARK NEBEKER, DC Bar #396739

Assistant United States Attorney

555 4th Street, N.W.

Washington, DC 20530

(202) 252-2536

mark.nebeker@usdoj.gov

Counsel for Defendants

Counsel for Plaintiffs

3

 
 Case 1:18-cv-01546-TSC Document 25 Filed 02/11/19 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated January 22, 2019. 1. Defendants hereby notify the Court and Plaintiff that an appropriations act providing funding to the Department of Justice (“DOJ”) for a three-week period of time was enacted on January 25, 2019. Consequently, DOJ attorneys, including the undersigned Assistant United States Attorney assigned to this case, were authorized by law to resume work on January 28, 2019, to tend to civil matters, including matters that are not “emergencies involving the safety of human life or the protection of property.” 31 U.S.C. § 1342.

Case 1:18-cv-01546-TSC Document 25 Filed 02/11/19 Page 2 of 3
2. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS: On December 3, 2018, DOS reported to Plaintiffs that DOS has completed its initial searches, which yielded around 1,000 potentially responsive documents. However, the pool of responsive documents may increase if DOS determines that additional searches are necessary, for example, to follow leads uncovered in the documents. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate, with the next production on February 25, 2019.
b. USCIS: USCIS has finished its initial search, but is still reviewing approximately 2700 remaining pages of potentially responsive records. Assuming that no additional searches are deemed necessary, USCIS anticipates being able to begin rolling productions of responsive, non-exempt USCIS records starting no later than April, 2019. USICS is currently assessing whether it may begin rolling productions at an earlier date.
c. CBP: CBP has concluded its search for responsive documents and has identified five pages of responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records.
2

Case 1:18-cv-01546-TSC Document 25 Filed 02/11/19 Page 3 of 3

d. DHS:

DHS has completed its search and the processing of the approximately 3,709 potentially

responsive pages. At this juncture, DHS has begun review of the pages processed but is unable

to provide an estimated release date. DHS anticipates that it will make a single production.

3. The parties intend to consult again as productions proceed and propose that they

file another joint status report on March 11, 2019.

Dated: February 11, 2019

Respectfully submitted,

/s/Sirine Shebaya

Sirine Shebaya (D.C. Bar # 1019748)

Nimra H. Azmi*°

MUSLIM ADVOCATES

P.O. Box 66408

Washington, D.C

. 20035

(202) 897-2622

sirine@muslimadvocates.org

nimra@muslimadvocates.org

Baher Azmy* Diala Shamas* CENTER FOR CONSTITUTIONAL RIGHTS 666 Broadway, 7th Floor New York, NY 10012 (212) 614-6426 dshamas@ccrjustice.org

*admitted pro hac vice °admitted in New York only; supervised by members of the DC bar

JESSIE K. LIU, DC Bar #472845 United States Attorney

DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division

By:

/s/

W. MARK NEBEKER, DC Bar #396739

Assistant United States Attorney

555 4th Street, N.W.

Washington, DC 20530

(202) 252-2536

mark.nebeker@usdoj.gov

Counsel for Defendants

Counsel for Plaintiffs

3

 
 Case 1:18-cv-01546-TSC Document 27 Filed 05/10/19 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al.

Plaintiffs,

v.

Civil Action No. 18-1546 (TSC)

UNITED STATES DEPARTMENT OF STATE, et al.,

Defendants.

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS: DOS made productions of non-exempt, responsive material to Plaintiffs on March 25, 2018
and April 29, 2019. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate, with the next production on May 27, 2019.

Case 1:18-cv-01546-TSC Document 27 Filed 05/10/19 Page 2 of 3
b. USCIS: USCIS has finished its initial search, and has almost completed its review of approximately
2,700 remaining pages of potentially responsive records. In April 2019, USCIS made an initial production of approximately 777 pages. USCIS anticipates making its next production at the end of this month.
c. CBP materials:
CBP has concluded its search for responsive documents and has identified five pages of responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records. Plaintiffs are currently reviewing CBP’s production and memorandum and will report any issues with the production to the court at the next status report.
d. DHS:
DHS previously advised the Court that it had completed its search and the processing of the approximately 3,709 potentially responsive pages, and that it was reviewing the pages processed for release to the requester. By email dated May 7, 2019, DHS advised the plaintiff that it had reviewed 3,709 pages of which 595 pages were being released in full, 2,515 pages were withheld in full, 213 pages were withheld in part pursuant to FOIA exemptions (b)(5) and (b)(6), and 222 pages were determined to be duplicates or non-responsive. DHS further advised that part of the reviewed 3,709 pages contained other equities and therefore sent 27 pages to the Office of Inspector General (OIG) for review and direct response to the plaintiff and 138 pages for consultation to other agencies.
2

Case 1:18-cv-01546-TSC Document 27 Filed 05/10/19 Page 3 of 3

The parties intend to consult again as productions proceed and propose that they file

another joint status report on July 9, 2019 pursuant to the Court’s Minute Order dated February

26, 2019.

Dated: May 10, 2019

Respectfully submitted,

/s/Sirine Shebaya

Sirine Shebaya (D.C. Bar # 1019748) JESSIE K. LIU, DC Bar #472845

Nimra H. Azmi*°

United States Attorney

MUSLIM ADVOCATES

P.O. Box 66408

Washington, D.C. 20035

DANIEL F. VAN HORN, DC Bar #924092

(202) 897-2622

Chief, Civil Division

sirine@muslimadvocates.org

nimra@muslimadvocates.org

By:

/s/

Baher Azmy*

W. MARK NEBEKER, DC Bar #396739

Diala Shamas*

Assistant United States Attorney

CENTER FOR CONSTITUTIONAL 555 4th Street, N.W.

RIGHTS

Washington, DC 20530

666 Broadway, 7th Floor

(202) 252-2536

New York, NY 10012

mark.nebeker@usdoj.gov

(212) 614-6426

dshamas@ccrjustice.org

Counsel for Defendants

*admitted pro hac vice

°admitted in New York only; practice

limited to federal courts and agencies

Counsel for Plaintiffs

3

 
 Case 1:18-cv-01546-TSC Document 28 Filed 07/09/19 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MUSLIM ADVOCATES, et al. Plaintiffs,
v. UNITED STATES DEPARTMENT OF STATE, et al.,
Defendants.

Civil Action No. 18-1546 (TSC)

JOINT STATUS REPORT Defendants, the United States Department of State (“DOS”), United States Department of Homeland Security (“DHS”), United States Customs and Border Protection (“CBP”), United States Citizenship and Immigration Services (“USCIS”) and Plaintiffs, Muslim Advocates and Center for Constitutional Rights (“CCR”), each by its undersigned counsel, submit this joint status report in this Freedom of Information Action in response to the Court’s Minute Order dated February 26, 2019. Defendants provide the following updates regarding their responses to Plaintiffs’ FOIA requests.
a. DOS:
DOS made productions of non-exempt, responsive material to Plaintiffs on March 25, 2019, April 29, 2019, May 28, 2019, and June 25, 2019. DOS intends to continue providing rolling productions of non-exempt, responsive material to Plaintiffs at a monthly rate, with the next production on July 25, 2019.

Case 1:18-cv-01546-TSC Document 28 Filed 07/09/19 Page 2 of 3

b. USCIS:

USCIS has finished its search, and has completed its review of potentially responsive records. In addition to the earlier USCIS production of documents, USCIS has processed 304 pages itself and referred 2045 pages to DHS for review, which remains pending.

c. CBP materials:

CBP has concluded its search for responsive documents and has identified five pages of responsive documents; it released redacted versions of the responsive documents to Plaintiffs on February 5, 2019. Along with responsive records, CBP also provided to Plaintiffs a memorandum from a CBP official explaining the context and nature of the result of CBP’s search for responsive records. Plaintiffs are currently reviewing CBP’s production and memorandum and will report any issues with the production to the court at the next status report.

d.

DHS: As DHS has previously advised the Court, it completed its search and the

processing of the approximately 3,709 potentially responsive pages, and was reviewing the pages

processed for release to the requester. By email dated May 7, 2019, DHS advised Plaintiffs that it

had reviewed 3,709 pages of which 595 pages were being released in full, 2,515 pages were

withheld in full, 213 pages were withheld in part pursuant to FOIA exemptions (b)(5) and (b)(6),

and 222 pages were determined to be duplicates or non-responsive. DHS further advised that part

of the reviewed 3,709 pages contained other equities and therefore sent 27 pages to the Office of

Inspector General (OIG) for review and direct response to Plaintiffs and 138 pages for consultation

to other agencies. DHS is awaiting responses from some or all of the referrals.

2

Case 1:18-cv-01546-TSC Document 28 Filed 07/09/19 Page 3 of 3

The parties intend to consult again as productions proceed and propose that they file

another joint status report on September 9, 2019, pursuant to the Court’s Minute Order dated

February 26, 2019.

Dated: July 9, 2019

Respectfully submitted,

/s/Sirine Shebaya

Sirine Shebaya (D.C. Bar # 1019748) JESSIE K. LIU, DC Bar #472845

Nimra H. Azmi*

United States Attorney

MUSLIM ADVOCATES

P.O. Box 66408

Washington, D.C. 20035

DANIEL F. VAN HORN, DC Bar #924092

(202) 897-2622

Chief, Civil Division

sirine@muslimadvocates.org

nimra@muslimadvocates.org

By:

/s/

Baher Azmy*

W. MARK NEBEKER, DC Bar #396739

Diala Shamas*

Assistant United States Attorney

CENTER FOR CONSTITUTIONAL 555 4th Street, N.W.

RIGHTS

Washington, DC 20530

666 Broadway, 7th Floor

(202) 252-2536

New York, NY 10012

mark.nebeker@usdoj.gov

(212) 614-6426

dshamas@ccrjustice.org

*admitted pro hac vice

Counsel for Defendants

Counsel for Plaintiffs

3