Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 1 of 16

GREGORY A. CHAIMOV, OSB #822180 Email: gregchaimov@dwt.com
: Telephone 503 -778-5328
Facsimile: 503-778-5299 DEREK D. GREEN, OSB #042960 Email: derekgreen@dwt.com
: Telephone 503 -77 8-5264
Facsimile: 503-778-5299 DAVIS \ilRIGHT TREMAINE LLP
1300 SW 5ú Ave, Ste 2400 Portland, Oregon 97201
MATHEV/ V/. DOS SANTOS, OSB #155766
E-mail : mdossantos@aclu-or.org
KELLY K. SIMON, OSB #154213 E-mail: ksimon@aclu-or.org
AMERICAN CIVI LIBERTIES UNION OF OREGON
PO Box 40585 Portland, OR97240
Telephone : 503-227 -6928
Attorneys for Plaintiffs American Civil Liberties Union of Oregon, American Civil Liberties Union of Alaska, American Civil Liberties Union of Colorado, American Civil Liberties Union of Idaho, and American Civil Liberties Union of Wyoming
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
AT PORTLAND

AMERICAN CIVI LIBERTIES UNION OF OREGON; AMERICAN CIVI LIBERTIES
UNION OF ALASKA; AMERICAN CIVIL
LIBERTIES UNION OF COLORADO;
AMERICAN CIVI LIBERTIES UNION OF
IDAHO; and AMERICAN CIVIL LIBERTIES
UNION OF V/YOMING,

Case No.
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT,5 U.S.C. $ 552 et
seq.

PLAINTIFFS,

v
U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,

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4820-0 I 99-2006v. I 0050033-004090

DAVIS WRIGHT TREMAINE LLP 1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610 (503) 241-2300 main'(503) 778-5299 îax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 2 of 16

DEFENDANTS

INTRODUCTION

l.

The American Civil Liberties Union of Oregon, American Civil Liberties Union

of Alaska, American Civil Liberties Union of Colorado, American Civil Liberties Union of Idaho, and American Civil Liberties Union of \Myoming (collectively, "PlaintiffS" or *ACLU")

bring this action under the Freedom of Information Act ("FOIA"), 5 U.S.C. $ 552 et seq.,as

amended, to obtain injunctive and other appropriate relief requiring Defendants U.S. Department

of Homeland Security ("DHS") and U.S. Customs and Border Protection ("CBP") (collectively,

"Defendants") to respond to a FOIA request sent by Plaintifß on February 2,2017 ("Requesf'),

and to promptly disclose the requested records.
2. The Request seeks records concerning CBP's local implementation of President

Trump's January 27,2017 Executive Order titled "Protecting the Nation From Foreign Terrorist
Entry Into the United States," Exec. Order No. 13769, 82 Fed. Reg. 8977 (Feb. l, 2017)
("Executive Order No. 1"), as well as any other judicial order or executive directive issued

regarding Executive Order No.1, including President Trump's March 6,2017 Executive Order,

identically titled, Exec. OrderNo. 13780, 82 Fed. Reg. 13209 (Mar. 6,2017) ("Executive Order

No. 2") (collectively, "Executive Orders"). A true and correct copy of the Request is attached as

Exhibit 1.
3.

Specifically, the Request seeks records concerning CBP's local implementation of

the Executive Orders at sites within the purview of CBP's Portland Field Office. These include

the Portland International Airport, Denver International Airport, Ted Stevens International Airport,

Boise International Airport, and Casper/l.,latrona County International Airport ("Local International

Airports"), and the Anchorage, Denver, Boise, Portland, and Casper ports of entry ("Port of Entry

Offices").
4.

Among other things, these Executive Orders purport to halt refugee admissions

and bar entrants from several predominantly Muslim countries from entering the United States.
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Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 3 of 16

5. Defendants' implementation of the Executive Orders has been the subject of
significant public concern, as reflected by mass protests around the country, substantial news coverage, and numerous lawsuits filed following the President's signing of each Executive
Order.
6. Over the weekend of January 27-29,20t7, at least five lawsuits resulted in
emergency court orders enjoining implementation of various sections of Executive OrderNo. l.l
On March 15,2017, a district court enjoined implementation of Sections 2 and 6 of Executive Order No. 2.2
7. News reports described Defendants' implementation of the Executive Orders as
"chaotic" and "totalfly] lack[ing] 'r' {' * clarity and direction."3
8. Official DHS statements reflected this confusion. For example, DHS stated on
January 28 thatExecutive Order No. I would "bar green card holders."4 The next day, however,
DHS Secretary John Kelly deemed "the entry of lawful permanent residents to be in the national interest"5 and the government clarified that Executive Order No. 1 did not apply to green card

I Vayeghan v. Kelly,No. CV 17-0702,2017 WL 396531(C.D. Cal. Jan. 29,2017); Tootkaboni v. Trump,No. 17-CV-10154, 2017 WL 386550 (D. Mass. Jan.29,2017); Doe v. Trump, No. Cl7126,2017 WL 388532 (W.D. Wash. Jan.28,2017); Aziz v. Trump, No. 1:17-CV-l 16,2017 WL 386549 (E.D. Va. Jan.28,2017); Darweeshv. Trump,No. 17 CIV.480 (AMD), 2017 WL 388504 (E.D.N.Y. Jan. 28, 2017),
2 Howai'i v. Trump, No. CV 17-00050 DKV/-KSC,2017 WL 101 1673 (D. Haw. Mar. 15,2017).
3 See, e.g.,Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of
Muslim Ban, Orders Document Preservation,TnllNrERcepr, Feb. 1,2017, available at httE://theintercept.com/2017l02l01/homeland'security-inspector-general-opens-investigation-oÊ muslim-ban-rollout-orders-document-preservation/.
a See lrlax Greenwood , Immígration Ban Includes Green Card Holders: DHS, THe Hn l, Jan.28,
2017 , available ør http://thehill.com/policy/national-security/316670-trump-refugee-ban-barsgreen-card-holders-report.
s Statement By Seuetary John Kelty On The Entry Of Lawful Permanent Residents Into The United States, DEp'T oF HoMELAND SECURITv (Jan. 29,2017), available at
17/0
residents-united-states.

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DAVIS WRIGHT TREMAINE LLP

4820-0199-2006v. I 0050033-004090

1300 S.w. Fifth Avenue, Suite 2400 Portland, Oregon 97201 -5610
(503) 241-2300 main'(503) 778-5299 fax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 4 of 16

holders.ó
9.

Reportedly spurred by this chaos, on January 29, Senators Tammy Duckworth

and Dick Durbin called upon the Office of the Inspector General of the Department of Homeland

Security to investigate Defendants' implementation of Executive Order No. 1.7 The Senators

specifically sought information regarding: any guidance Defendants provided to the White

House in developing the order; any directions that were provided to Defendants in implementing

it; whether CBP officers complied with the relevant court orders; and whether DHS and CBP

officers kept a list of individuals that they had detained at ports of entry under the order. In

response, the Inspector General directed Defendants' personnel to preserve all records "that
might reasonably lead to the discovery of relevant information relating the implementation of'

Executive Order No. 1.8
10. Denver International Airport ranks as the sixth busiest airport nationally and the

nineteenth busiest airport globally.e It is the main hub for Frontier Airlines and Great Lakes

Airlines and is the fourth largest hub for United Airlines, and receives international arrivals from

Belize, Canada, Germany, Iceland, Japan, Mexico, Panama, and the United Kingdom.l0 In 2016,

ó See Robert Mackey, As Protests Escalate, Trump Retreats From Barríng Green Card Holders, THeINreRCEpr, Jan.2g,20lT,availableathttps:lltheintercept.com/20l7l0ll29ltrunpsexecutive-order-no- longer-bars- green-card-ho lders/.
7,See Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of
Muslím Ban, Orders Document Preservation,TqqlNrencspr, Feb. 1,2017, available at https://theintercept.com/2017l02l0llhomeland-security-inspector-general-opens-investisation-ofmuslim-ban-rollout-orders-document-preservation/. I Id.
e Yea, to Date Passenger Trffic,ArRponrs Cot-rNcll,INrenNetloNAL, (April ll,2016)
avaílable ar hftp://www.aci.aero/Data-CentreÀ4onthly-Traffic-Data/Passenger-SummarvlYearto-date.
t0 Nonstop Destinations Servedfrom Denver (DEN), City & County of Denver Department of
Aviation, http://www.flydenver.com/sites/default/files/services/denNonstopDestinations.pdf.

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DAVIS WRIGHT TREMAINE LLP

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1300 S.w. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610
(503) 241-2300 main' (503) 778-5299 fax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 5 of 16

2,304,253 passengers deplaned from international flights at Denver International Airport.ll

l.I

Portland International Airport is Oregon's largest airport and accounts for nearly

all of the state's public flight travel. It is a secondary hub for Alaska Airlines and Horizon Air,

and receives international arrivals from Canada, Germany, Iceland, Japan, Mexico, the Netherlands, and the United Kingdom.lz In20I6,343,370 passengers deplaned from international fl ights at Portland International Airport. I 3
12. On January 29,2017, a lawful permanent resident was detained and questioned

for several hours at Portland International Airport under the Executive Order because he was Iranian. Despite the availability of pro bono counsel, he was denied access to an immigration

attorney. CBP ultimately determined that he was allowed to enter the United States and he was

released.
13. More recently, on March 28,2017, at Portland International Airport, an Iranian

woman traveling on a lawful nonimmigrant visa was detained and interrogated for several hours. Without counsel present, CBP adjudicated her nonimmigrant visa invalid and determined that she would be removed from the United States on the next available flight to lran, which was not until the next day. Because Portland International Airport lacks ovemight facilities, she was transported to Northern Oregon Regional Correctional Facility ("NORCOR'), a county jail in Oregon that rents beds to DHS for detention. CBP continued to deny her access to counsel while at NORCOR and until she was transported back to Portland Intemational Airport on March 29, 2017. CBP intended to send her back to Iran on March 29,2017 and only did not do so because

rt Denuer International Airport Total Operations and Traffic, City & County of Denver Department of Aviation,
htto://www.fl),denver.com/sites/defaulVfiles/downloads/Dec%202016%20Management%20Mon thly%20Flydenver.pdf.
t2 Arrivals and Departures,Port of Portland, http://www.flypdx.comÆDX/Flights.
13 Portland International Airport (PDX) Monthly Trffic Report December, 2016: Calendar Year
Report, Port of Portland, http://cdn.portofportland.corn/pdfs/Dec2016webstats.pdf.

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1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610

(503) 241-2300 main ' (503) 778-5299 rax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 6 of 16

she pled a fear of returning.
14. Detention, interrogation, and adjudication without counsel-despite the

availability of pro bono counsel----occurred several times at Portland Intemational Airport

throughout the weekend of January 28,2017, and appears to be continuing. Upon information

and belief this is a result of Defendants' local implementation of the Executive Orders.
15. Disclosure of the records Plaintiffs seek through this action thus would facilitate

the public's understanding of how Defendants have implemented and enforced the Executive

Orders in the Portland Field Office, including in particular at Portland International Airport.

Such information is critical to the public's ability to hold the government accountable.
16. This action is necessary because Defendants have failed to provide Plaintiffs with

a determination as to whether they will comply with the Request, although more than 20 business

days have elapsed since Defendants received the Request.

JURISDICTION
17. This Court has subject-matter jurisdiction over this action and personal

jurisdiction over the parties under 5 U.S.C. $ 552(aXa)(B), 5 U.S.C. $ 701-706, and28 U.S.C.

$ 133r. VENUE
18. Venue in the District of Oregon is proper under 5 U.S.C. $ 552(aXa)(B) as the
requested agency records are, upon information and belief, situated within this District at CBP

facilities at or near Portland International Airport, 7000 NE Airport Way, Portland, OR 97218, and the Port of Portland, 8337 NE Alderwood Road, Portland, OF-g7220,and because Plaintiff

ACLU of Oregon's principal place of business is in the District of Oregon. For the same

reasons, venue also is proper under 28 U.S.C. $ 1391(e).
19. Assignment to the Portland Division is proper under District of Oregon LR 3-2
Divisions of Court because Portland International Airport, the Port of Portland, and the ACLU of

Oregon are all located in Multnomah County, which falls within the divisional venue of the

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DAVIS WRIGHT TREMAINE LLP

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1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201 -5610
(503) 241 -2300 main' (503) 77 8-5299 fax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 7 of 16

Portland Division. PARTIES
20. Plaintifß are nonprofit, 501(cX4) membership organizations that educate the
public about the civil liberties implications of pending and proposed state and federal legislation,
provide analysis of pending and proposed legislation, directly lobby legislators, and mobilize their members to lobby their legislators.
21. Defendant Department of Homeland Security is a department of the executive
branch of the U.S. government and is an agency within the meaning of 5 U.S.C. $ 552(Ð(1).
22. Defendant U.S. Customs and Border Protection is a component of DHS and is a
federal agency within the meaning of 5 U.S.C. $ 552(Ð(l).
23. Plaintiffs are informed and therefore believe that Defendants have possession,
custody, or control ofthe requested records. FACTS
24. On February 2,2017, Plaintiffs sent the Request to CBP's Portland Field Office,
CBP's San Francisco Field Office, and CBP's FOIA Officer at CBP Headquarters via FedEx Priority Overnight with atracking numbers 810251509055, 810251509066 and 810251509077,
respectively.
25. The Request sought copies of CBP's local interpretation and enforcement of the
Executive Order at: (1) certain airports specified in the Request, including Portland Intemational Airport, Denver lnternational Airport, Ted Stevens Intemational Airport, and Boise International
Airport, Casper/lllatrona County International Airport; and (2) certain Port of Entry offices specified in the Request, including Anchorage, Denver, Boise, Portland, and Casper. The Request expressly did not seek information held in the records of CBP Headquarters.

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4820-0199-2006v.1 0050033-004090

DAVIS WRIGHT TREMAINE LLP 1300 S.w. Fifth Avenue' Suite 2400
Portland, Oregon 97201-5610 (503) 241-2300 main ' (503) 778-5299 fax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 8 of 16

26. Specifically, the Request sought the following:

"1. Records created on or after January 27,2017 concerning

CBP's interpretation, enforcement, and implementation of the

following at Local Intemational Airports:
"a. President Trump's Executive Order, signed on

January 27,2017 and titled'Protecting the Nation From Foreign

Terrorist Entry Into the United States';
"b. Any guidance 'provided to DHS field personnel

shortly' after President Trump signed the Executive Order, as

o'c. referenced in CBP's online FAQ;to Associate Director of Field Operations for U.S.

Citizenship and Immigration Services Daniel M. Renaud's email,
ll sent at 12 A.M. on January 27,2017, instructing DHS

employees that they could not adjudicate any immigration claims

from

theosoedve.n

targeted countries;t) Judge Donnelly's Decision

and

Order

granting

an

Emergency Motion for Stay of Removal, issued in the Eastem

District of New York on January 28,2017, including records

related to CBP's efforts to comply with the court's oral order

requiring prompt production of a list of all class members detained

by CBP;16
"e. Judge Brinkema's Temporary Restraining Ordel

issued in the Eastem District of Virginia on January 28,2017;t7

ra To assist CBP in responding, the Request included the following information in a footnote for reference: 'oProtecting the Nationfrom Foreign Terrorist Entry into the United States, U.S. Cusrovs AND BoRDER PRorECtoN (Jan. 31, 2017), available ør hfips://www.cbp.gov/bordersecurity/protecting-nation-foreign-terrorist-entry-united-states ('The Executive Order and the instructions therein were effective at the time of the order's signing. Guidance was provided to DHS field personnel shortly thereafter.') (emphasis added)."
15 The following footnote was included for reference: "See Alice Speri and Ryan Devereatx, Turmoil at DHS and State Department-'There Are People Literally Crying in the Office Here,' Tur INrencEpr, Jan. 30, 2017, available athttps:lltheintercept.coml20lTl01/30/asylum-offrcials-
and-state-department-in-turmoil-there-are-peopleliterally-crying-in-the-office-here/."
t6 The following footnote was included for reference: "Decision and Order, Darweesh v. Trump, No. 17 Civ. 480 (AMD) (E.D.N.Y. Jan.28,2017), available ør hüps://www.aclu.org/legal-
documenfldarweesh-v-trump-decision-and-order. "
t7 The following footnote was included for reference: "Temporary Restraining Order, Aziz v. Trump,No. 1:17-cv-1 16 (E.D. Va. Jan. 28,2017), available at https://wwwiustice4all.org/wpcontent/uploads/20 1 7/0 1 /TRO-order-signed.pdf."

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1300 S.W. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610 (503) 241-2300 main '(503) 778-5299 Íax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 9 of 16

"f. Judge Zilly's Order Granting Emergency Motion
for Søy of Removal, !*sued in the rüy'estem District of Washington
o'g. on January 28,2017;tB Judge Burroughs' Temporary Restraining Ord^er,
issued inlhe Distriõt of Massachusetts on January 29,2017;te
"h. Judge Gee's Order granting an Amended Ex Parte
Application for Temporary Restraining Order, issued in the Central
nist¡ct of California on January 29,2017;20
"i. Assurances from the U.S. Attomey's Office for the
Eastem District of Perursylvania that all individuals detained at Philadelphia International Airport under the Executive Order would be admitted to the United States and released from custody
*j. on Sunday, January 29,2017;
DHS's 'Response to Recent Litigation' statement,
*k. issued on January 29,2017;21
DHS Secretary John Kelly's 'Statement on the Entry of Lawful Permanent Residents Into the United States,'
issued on January 29,2017;22
"1. DHS's 'Statement on Compliance with Court
Orders and the President's Executive Order,' issued on January 29,
2017;23 and

18 The following footnote was included for reference: o'Order Granting Emergency Motion for Stay of Removalo Doe v. Trump,No. C17-126 (W.D. V/ash. Jan.28,2017), avaílable at
hups://wwwjustsecurit)¡.ore/wpcontent/uploads/20I7l0I/Seattle-Order.pdf."

re The following footnote was included for reference: 'oTemporary Restraining Order, Tootknboni v. Trump,No. l7-cv-10154 (D. Mass. Ian.29,2017), available ar hftps://aclum.org/wpcontenluploads/20 1 7/0 1 /6-TRO-Jan-29-20 I 7.pdf."

'0 The following footnote was included for reference: "Order, Vayeghanv. Trump,No. CV 170702 (C.D. Cal. Jan. 29,2017), available at https://www.aclusocal.org/sites/defaullfiles/vayeghan --order-re-tro.pdf."

2t The following footnote was included for reference: "Department of Homeland Security Response to Recent Litigation, DEp't oF HoMELAND SEcuRIrv (Jan. 29,2017), available at
https://www.dhs.gov/news/2O17l01/29ldepartment-homeland-security-response-recentlitigation."

22 The following footnote was included for reference: "statement By Secretary John Kelly On
The Entry Of Løwful Permanent Residents Into The United State,$ D¡p't oF HOMELAND
Secunlry (Jan.29,2017),available athttps://www.dhs.gov/news/2017l01/29lstatementsecretary-john-kelly-entry-lawful-permanent-residents-united-states." Note: The corresponding footnote in the Request, footnote 30, incorrectly referred to a different statement by DHS.

23 The following footnote was included for reference: "DHS Statement On Complíance tVith Court Orders And The President's Executive Order, DEP'I oF HoMELAND SECURITY (Jan.29,

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Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 10 of 16

"m. Any other judicial order or executive directive

issued regarding the Executive Order on or after January 27,2017.
"2. Records concerning the number of individuals who were

detained or subjected to secondary screening, extending

questioning, an enforcement examination, or consideration for a

waiver at Local Intemational Airports pursuant to the Executive

Order, including:
"a. The total number of individuals who remain

detained or subject to secondary screening, extending questioning,

an enforcement examination, or consideration for a waiver at Local
International Airports both as of the date of this request and as of

the date on which this request is processed; and
"b. The total number of individuals who have been

detained or subjected to secondary screening, extending

questioning, an enforcement examination, or consideration for a

waiver for any length of time at Local International Airports since

January 27 ,2017 , including the number of individuals who have

been
'03.

"*ii.i.

released, transferred into immigration detention, or

"iii. removed from the United States;

Records concerning the number of individuals who have

been removed from Local International Airports fromJanuary 27,

2017 fo date pursuant to the Executive Order;
"4. Records concerning the number of individuals who arrived

at Local International Airports from January 27,2017 to date with

valid visas or green cards who subsequently agreed voluntarily to

return; and
'05. Records containing the 'guidance' that was 'provided to

DHS field personnel shortly' after President Trump signed the

Executive Order."24

Exhibit I at 5-7

27. The Request included an application for expedited processing, on the grounds that

2017), available ar https://www.dhs.gov/news/2017i01/29ldhs-statement-compliance-court-
orders-and-presidents-executive-order. "
2a The following footnote was included for reference: "Protecting the Nationfrom Foreign Terrorist Entry into the United States, U.S. Cusrous AND BoRDER PRorEcrloN (Jan. 31,20t7), available at https.llwww.cbp.gov/border-security/þrotecting-nation-foreign-terrorist-entryunited-states ('The Executive Order and the instructions therein were effective at the time of the order's signing. Guidance was provided to DHSfreld personnel shortly thereafier.') (emphasis
added)."

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there is a "compelling need" for these records under 5 U.S.C. $ 552(a)(6)(EXvXII) because the information requested is "urgen[tly]" needed by an organization primarily engaged in

disseminating information "to inform the public conceming actual or alleged Federal
Govemment activity." Exhibit I at 8.
28. The Request provided detail showing that the ACLU is primarily engaged in

disseminating information within the meaning of 5 U.S.C. $ 552(aX6)(EXv), given that a critical

and substantial aspect of the ACLU's mission is to obtain information about government activity,

analyze that information, and publish and disseminate that information widely to the press and

public. Exhibit 1 at 8-11.
29. The Request described examples of the ACLU's information-dissemination

function. Exhibit I at 8-l l.
30. The Request also included an application for a fee waiver or limitation under 5

U.S.C. g 552(aXa)(AXiiÐ on the grounds that disclosure of the requested records is in the public

interest and is "likely to contribute significantly to public understanding of the operations or

activities of the government and is not primarily in the commercial interest of the requester." In

particular, the ACLU emphasized that the Request would significantly contribute to public

understanding on a matter of profound public importance about which scant specific information

had been made public, i.e., how local CBP Field Offices had enforced, and continue to enforce,

the Executive Orders. The Request also made clear that the ACLU plans to disseminate the

information disclosed as a result of the Request to the public at no cost. Exhibit 1 at 11.
31. The Request also applied for a waiver of search fees under 5 U.S.C.

g 552(aXa)(AXiiXID on the grounds that Plaintiffs qualiff as'orepresentatives of the news

media" and the records are not sought for commercial use, given the ACLU's nonprofit mission

and substantial activities to publish information for dissemination to the public, as discussed in
greater detail inl29 above.
32. CBP received the Request on February 3,2017. See Exhibit 2.

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Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 12 of 16

33. To date, Plaintifß have not received any acknowledgement of receipt of the

Request.
34. As of April 12,2017, more than 20 days (excepting Saturdays, Sundays, and legal

public holidays) have elapsed since CBP received the Request.
35. As of the filing date of this Complaint, Defendants have not notified Plaintiffs of
a determination as to whether Defendants will comply with the Request.
36. Because Defendants failed to comply with the 20-business-day time limit

provision of FOIA, 5 U.S.C. $ 552(aX6)(AXD, Plaintiffs are deemed to have exhausted their administrative remedies with respect to the Request under 5 U.S.C. $ 552(aX6)(CXÐ.
Violation of FOIA for Failure to Provide a Determination \ilithin 20 Business Days
37. Plaintiffs repeat and reallege the allegations contained in paragraphs I through 36

above, inclusive.
38. Defendants have a legal duty under FOIA to determine whether to comply with a
request within 20 days (excepting Saturdays, Sundays, and legal public holidays) after receiving the request, and also have a legal duty to immediately notify a requester of the agency's

determination and the reasons therefor.
39. Defendants' failure to determine whether to comply with the Request within 20

business days after receiving it violates FOIA, 5 U.S.C. $ 552(aX6)(AXi), and applicable

regulations promulgated thereunder.

Violation of IA for Failure to Make

Aw¡ilnhle

40. Plaintiffs repeat and reallege the allegations contained in paragraphs I through 36

above, inclusive.
41. Plaintiffs have a legal right under FOIA to obtain the specific agency records
requested on February 2,2017, and there exists no legal basis for Defendants' failure to promptly
make the requested records available to Plaintiffs, their members, and the public.
42. Defendants' failure to promptly make available the records sought by the Request
Page 12 - COMPLAINT FOR DEC. & INJ. RELIEF FOR VIOLATION OF FOIA 5 U.S.C. $ 552 et seq.
4820-0ts%2006v.r 00500334040e0 Ìî'TtS#äÎil'Iff"KilÏå'J ,'o, r lii'.'ü,i¡ ?i'il,i"#l;iili"'".

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 13 of 16

violates FOIA, 5 U.S.C. $ 552(aX3)(A), and applicable regulations promulgated thereunder.
43. On information and belief, Defendants currently have possession, custody, or

control ofthe requested records.

Violation of T'OIA for

fn Provide a Determinefion

As To Expedited Processine Within 10 Davs

44. Plaintiffs repeat and reallege the allegations contained in paragraphs I through 36

above, inclusive.
45. Defendants have a legal duty under FOIA to determine whether to provide
expedited processing, and to provide notice of that determination to Plaintiffs, within 10 days

after the date of the Request.
46. Defendants' failure to determine whether to provide expedited processing and

provide notice of that determination to Plaintiffs within 10 days after the date of the Request

violates FOIA, 5 U.S.C. $ 552(aX6)(EXiÐ(I), and applicable regulations promulgated thereunder.
47. Because Defendants have not provided a complete response to the Request, this

Court has jurisdiction under FOIA, 5 U.S.C. $ 552(a)(6)(E)(iv), to review Defendants' failure to

make a determination concerning Plaintiffs' request for expedited processing.

WHEREFORE, Plaintiffs request that the Court award them the following relief:

l.

Declare that Defendants violated FOIA by failing to determine whether to comply

with the Request within 20 business days and by failing to immediately thereafter notify

Plaintiffs of such determination and the reasons therefor;
2. Declare that Defendants violated FOIA by unlawfully withholding the requested

records;
3.

Declare that Defendants violated FOIA by failing to determine whether to provide

expedited processing, and to provide notice of that determination to Plaintiffs, within l0 days;
4. Order Defendants to immediately disclose the requested records to the public and

make copies immediately available to Plaintiffs without charge for any search or duplication

Page l3 - COMPLAINT FOR DEC. & INJ. RELIEF FOR VIOLATION OF FOIA 5 U.S.C. $ 552 et seq.

4820-0199-2006v.1 0050033-004090

DAVIS WRIGHT TREMAINE LLP 1300 S.w. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610 (503) 241-2300 main ' (503) 778-5299 fax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 14 of 16
fees, or, in the alternative, provide for expedited proceedings to adjudicate Plaintiffs' rights
under FOIA;
5. Award Plaintiffs their reasonable costs and attomeys' fees; and 6. Grant such other relief as the Court may deem just and proper.
DATED this 12ú day of April,2\l7.
DAVIS WRIGHT TREMAINE I.I.P
By s/ GREGORY A. CHAIMOV Gregory A. Chaimov, OSB #822180 Telephone: 503-778-5328 Facsimile: 503-778-5299 Email: gregchaimov@dwt.com Derek D. Green, OSB #042960 Email: derekgreen@dwt.com Telephone: 503-778-5264 Facsimile: 503-778-5299 Attorneys for Plaintiffs American Civil Liberties
Union of Oregon, American Civil Liberties Union of
Alaska, American Civil Liberties Union of Colorado, American Civil Liberties Union of ldaho, and American Civil Liberties Union of V/yoming

Page 14 - COMPLAINT FOR DEC. & INJ. RELIEF FOR VIOLATION OF FOIA 5 U.S.C. $ 552 et seq.

4820-0199-2006v.1 0050033-004090

DAVIS WRIGHT TREMAINE LLP 1300 S.w. Fifth Avenue, Suite 2400
Portland, Oregon 97201-5610 (503) 241-2300 main' (503) 778-5299 rax

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 15 of 16

JS44 (RCV.O?/I6)

CIVIL COVER SHEET

providedbylocalnrlesofcourt. Thisforn¡,approvedbytheJudicialConferenceofthéUnitedStatesinSeptemberl9T4,isrequiredfortheuseoftheClerkofCourtforthe þurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

ArÈérican Civil Liberties Union of Oregon, American Civil Liberties Union U.S. Department of Homeland Security and U.S. Customs and Border

of Alaska, American Civil Liberties Union of Colorado, American Civil

Protection

Liberties Union of ldaho, and American Civil Liberties Union of Wyoming
(b) County of Residence of Fißt Listed Plaintiff Multnomah

County ofResidence ofFirst Lisæd Defendant

(EXCEPT IN U,S. PI.AINTIFF CASES)

(TN U.S. PLAINTIFF CASES ONLY)
NOTE: IN L^ND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attomevs (Fim Nane. Addrcss. and Telephone Number) Dàúis Wrighi Tremaine LLP, 1300 SW sth AveSte 2400, Portland, OR 97201,503-241-2300; and American Civil Liberties Union of Oregon, PO Box 40585, Portland, OR 97240, 503-227-6928

Attomeys (lfKnown)
U.S. Attorney for Oregon, 1000 SW 3rd Ave Ste 600, Portland, OR
97204,503-727-1 000

II. BASIS OF JURISDICTION ¡aace an "x" in one Box onty)

O I U.S. Govement
Plaintiff

3 D Federal Question
(U.5. Governnent Not a Pany)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "x" inone Boxlot Ptain,if

(For Diveßiry Cases Only) PTF DEF

mdOre Bufor Defendant)
PTF DEF

CilizenofThisstate O I O I lncorporatedorPrincipalPlace O 4 O4

of Business In This State

d z u.s. Govement
Defendant

I 4 Diveßity
(lndicate Citizenship ofPailies in lten III)

CilizenofAnotherst¿te O 2 CitizenorSubjectofa O3

O 2 IncorpontedardhincipalPlace
of Business In Anoths State
D 3 ForeignNation

D 5 05
o 6 a6

NA

an "X" in One Box

D I l0 Insumce O 120 Mrine D 130 Miller Act I 140 Negotiable Instrument D 150 Recovery of Overpayment
& Enforcement of O l5l MedicareAct
I 152 Reoovery of Def¿ulted
Studrt Loms
(Excludes Vet€rans)
O 153 Recovery of Overpalment of Vetem's Benefits
O 160 Stockholders' Suits 0 l90OtherContract O 195 Contract Product Liability ú 196 Fmchise
O 210 Lmd Condemnaton
CJ 220 Foreclosure
O 230 Rent Lease & Ejecünent O 240 Torts to Land D 245 Toft Product Liability Û 290 All Other Real Prcperty

PERSONAL INJURY D 3l0Airylme
t 315 Airplane Product
Liability O 320 Assaul¡, Libel &
Slmder O 330 Fedeml Employere'
Liability O 340 Marine O 345 Müine Product
Liability
0 350 Motor Vehicle
O 355 Motor Vehicle
Product Liability O 360 Other Personal
Injury O 362 Pe¡sonal Injury -
Medical

PERSONALINJURY O 3ó5 Personal Injury -
Product Liability O 367 Health C¿rei
Phmaceutiøl
Personal Injury
Product Liability O 368 Asbestos Peßonal
Injury Producr
Liability
PERSONAL PROPERTY
O 370 Other Fraud O 371 Truth in Lending
0 380 Other Pereonal
hoperty Damage O 385 Property Damage
Product Liability

O ,140 Other Civil Rights O 441 Voting O 442 Employmenl

Habeas Corpus:
O 463 Alien Detainee
0 510 Motions to Vacate

O ,143 Housing/

Sentence

Accommodations

O 530 Ceneral

O 445 Amer. ilDisabilities - ú 535 Deâû Penalty

Emplo)ment

Oth€r:

O ,146 Amer. ilDisabilities - 0 540 Mmdamus & Other

Othe¡
0 ,148 Education

O 550 Civil Rights
0 555 Prison Condition

B 560 Civil Detainee -

Conditions of

Confnement

O 625 Drug Related Seizure ofProperty 2l USC 88t
ú 690 Other
710 Act
720 Labor/Mmagement Relations
740 R¿ilway Labor Act 751 Family and Medical
Leave Act 790 Other Labor Litigation 791 Employee Retirement
Income S€curity Act
D 465 Other Immigmtion
Actions

O 422 Appeal 28 USC 158
tI 423 !,Vithdraw¿l
28 USC 157
O 820 Copyriglrts
0 830 P¿tent
O S40Tmdemak
O 862 Black Lmg (923) O 863 DIwC/DIww(a0s(g))
o 864 SSID Tirle XV¡ 0 865 RSI (aos(s)
O 870 Tües (U.S. Plaintiff
or Defendmt)
O 871 IRS-Third P¿rty
26 USC 7609

0 375 False Claims Act O 376QuiTm(3lUSC
372e(i))
D 400 State Reapportioment O 4loAntitrust O 430BanksmdBanking 0 450 Comerce O 460Deportation O 470 Racketeer Influencedmd
Compt Orgmizations
0 480 ConsmsCredit O 490 Cable./Sar TV O 850 Securiti€YcomoditieV
Exchmge
O 890 Other Ståtutory Actions O 891 Agricultural Acls 0 893 Enviromentâl Matters ûl 895 Freedom of Infomation
Act
O 896 Arbitmtion O 899 Administntive Procedue
Act/Review or Appeal of
Agency Decision
O 950 Comtitutionality of
State Statutes

V. ORIGIN (Place an "x" in Ore Box only)

X

Original O2 Removedfrom Proceeding StateCourt

O 3

Remanded Appellate

from Court

t

4

RReeinsotapteednoerd O

5

Transferred from AnotherDistrict

O 6 Multidistrict Litigation Transfer

û 8 Multidistrict
Litigation Direct File

Cite the U
VI. CAUSE OF ACTION 5 U.S.C

which you are fil ing (Do not c¡te juñtd¡ct¡onøl statuta unlæs diversþ):

lnformation Act

VII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P.

DEMAND$

CHECK YES only if demanded in complaint:
JURYDEMAND: D Yes ONo

vrrr. RELATED CASE(S)

TFANY

(See ißtruclioß):

JIJDGE

DOCKETNUMBER

DATE
o4t12t2017 luKuttlçt uùt tNLY

SIGNATURE OF ATTORNEY OF RECORD

RECEIPT #

AMOUNT

APPLYING IFP

ruDGE

MAG. ruDGE

Case 3:17-cv-00575-HZ Document 1 Filed 04/12/17 Page 16 of 16

JS,l4 Reverse (Rev. 07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as required by law, except as provided by local rules ofcourt. This form, approved by the Judicial Conference ofthe United States in September 1974, is requiredforthe'useoitheòlerkofCóurtforthepurposeofinitiatingthecivildocketsheet. Consequently,acivilcoversheetissubmittedtotheClerkof Court for each civil complaint filed. The attomey fìling a case should oomplete the form as follows:

I.(a) plaintilfs-Defendants. Enter names (las! first, middle initial) of plaintif and defenda¡rt. If the plaintiffor defendant is a govemment agency, use
only the ñ¡ll name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.
(b) County of Residõnce. For each civil case filed, except U.S. plaintiffcases, enter the name of the county where the first listed plaintiffresides at the
time oi filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the comty of rcsidence of the "defendant" is the locdion of the tract of land involved')
(c) Attorneys. Enter the firm name, address, telephone number, and aüomey ofrecord. Ifthere are severat attorneys, list them on an attachment noting
in this section "(see a$achment)".
il. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.Cv.P., which æquires that jurisdictions be shown in pleadings- Place an "X"
in one of the boxes. If there is more than orrc basis ofjurisdiction, precedence is given in the order shown below' United States plaintiff. (l) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here' United States âefendant. (2) When the plaintiff is suing the Uniæd States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, ar act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiffor defendant oode takes precedence, ald box I or2 should be marked. biversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizensúip ofthe diffeient parties must be checked" (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

ûL Residence (citÞenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for eadr principal party.

ry. Nature of Suit. place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
suflicient to enable the deputy clerk oi theitatistical clerk(s) in the Administrative Office to determine the nah¡re of suit. If the cause fits more than one nature of suit, select the most definitive.

v. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (l) Cases which originate in the United States district courts.
Removed from Staæ Court. (2) Proceedings initiated in state courts may be removed to the dishict courts under Title 28 U.S.C., Section l'141.

When the petition for removal is granted, check this box. Remandd from Appellate Court. (¡) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing

date.
Reinstated or Reopened. (4) Check this box for cases rcinstated or reopened in the dishict court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transfened under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

multidistrict litigation transfers.
Multidistrict t-itigation - Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.

Section 1407.

Multidistrict Litigation - Direct File. (S) Check this box when a multidistrict case is filed in the same distict as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin code 7 was used forhistorical records and is no longerrelevant

due to

changes in statue.

VL CauseofAction. Reportthecivilstatutedirectlyrelatedtothecauseofactionandgiveabriefdesøiptionofthecause. I)onoúciteiurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

vII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this spãce enter the actuat dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Chàck the appropriate box to indicate whether or not ajury is being demanded.

vIIL Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending caseg insert the docket
numbers and the conespondingjudge names for such cases'

Date and Attorney Signature. Date and sign the civil cover sheet'

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 1 of 14

EEITI

Þ
ll
H

ffi

E{
H

Nathan Woodliff-Stanley, Executive Director Mark Silverste¡n, Legal Director

February 2,2017

U.S. Customs & Border Protection 33 New Montgomery, Suite 1600 San Francisco, CA 94105

U.S. Customs & Border Protection 8337 NE Alderwood Road Portland, OR97220

FOIA Ofücer U.S. Customs & Border Protection 1300 Pennsylvania Avenue, NW Room 3.3D Washington, D.C.20229 Phone: (202)344-1610

Re: Request Under Freedom of Information Act (Exnedited Processine & Fee Waiverllimitation Reouætedl

To Whom It May Concern:
The American Civil Liberties Union of Colorado, Alaska, Idaho, Oregon, and rWyoming and the American Civil Liberties Union Foundation of Colorado, Alaska, Idaho and Oregon (together, "ACLU')1 submit this Freedom of Information Act ("FOIA") request ("Request") for records about the implementation of President Trump's January 27,2017 Executive Order ("Executive Order") by U.S. Customs and Border Protection (*CBP'). Titled "Protecting the Nation From Foreign Terrorist Entry Into the United States," the Executive Order halts refugee admissions and bars entrants from seven predominantly Muslim countries from entering the United States.2 By this letter, which constitutes a request pursuant to FOIA, 5 U.S.C. $ 552 et seq., andthe relevant implementing regulations, ,see 6 C.F.R. $ 5 et seq., the ACLU seeks
I The American Civil Liberties Union of Colorado, Alaska ldaho, and Oregon are non-profit, 501(c)(4) membership organizations that educate the public about the civil liberties implications ofpending and proposed state and federal legislation, provide analysis of pending and proposed legislation, directly lobby legislators, and mobilize their mãmbers to-lobby their iegislators. The American Civil Liberties Union Foundafion of Colorado, Alaska, Idaho, and Oregon are separate 501 (cX3) organizations that provide legal representation free ofcharge to individuals and organizations in civil rights and civil liberties cases, educate the public about the civil rights and civil liberties implications ofpending and proposed state and federal legislation, provide analyses ofpending and proposed legislation, directty lobby legislators, and mobilize their members to lobby their legislators.
2 Exec. Order No. 13769,82 Fed. Reg. 8977 (Feb. 1,2017)'

30-1 Ë. I7'h Avenue, SuiteA3C50L*UDeonf vCeor,loCrOad8o0.2..0B3 e*c7a?u0s-e4.0F2re-3e1d1o4m*F(AlaXn'3t 0P3r-7o7te7c-1t7l7t3se*mlfsih'erstsiníilacluE-cXoh.oirbgit 1 Page 1 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 2 of 14
information regarding CBP's local implementation of the Executive Order at international airports within the purview of Portland ("Field Office").
I. Backeround
On January 27,2017, President Donald J. Trump issued an executive order that indefinitely blocks refugees from Syria from entering the United States, bars all refugees for 120 days, and prohibits individuals from seven predominantly Muslim countries-Iran,Iraq, Libya" Somalia, Sudan, Syria and Yemen-from åntering the Únited States for 90 days.3 By the following day, January 28,2017, CBP oflicials across the country had detained an estimated 100 to 200 inâividuals at airports throughout the United States.a Two unions representing more than 21,000 federal immigraiion ofñcers praised the Executive Order,5 issuing a joint press release that "applaud[ed] the three executive orders [President Trump] has issued to date."" Daniel M. Renauá, Associate Director of Field Operations for U.S. Citizenship and Immigration Services,
instructed Department of Homeland Security ("DHS") employees that they could no longer ,
adjudicate any immigration clairhs from the seven countries targeted by the Executive Order.'
Beginning Saturday morning, protests erupted nationwide and attorneys rushed to airports toãssist detained individuals and their families.o Over the next twenty-four hours, five federal courts ordered ofTicials to temporarily stop enforcement of the Executive Order.e First, Judge Donnelly of the Eastem District ofNew York issued a nationwide order in Darweeshv. Trump,filed by the ACLU's Immigrants' Rights Project (among others), that prohibited the government from removing any detained travelers from the seven banned countries who had
t See, e.g., Michael D. Shear and Helene Cooper, Trump Bars Refugees and Citízens of 7 Muslin Countries,N.Y. TrMES, J an. 27, 20 I 7, av ai la b le at https:l I www.nytim es.com/20 I 7/ O I 127 / usl politi cs/trump-syrian-refugees.htm l. o See, e.g., Michael D. Shear et al., Judge Bloclu Trump Order on Refugees Amid Chaos and Outcry Lltorldwide, N.Y. TIMEs, Jan. 28, 2017, ovailable at https:llwww.nytimes.com/20171 0l/28luVrefugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html. t Robert Mackey, America's Deportation Agenls Love Trump's Ban and Rely on Breitbartfor Their News, THE INTERCEPT, Jan. 30, 2017, qvailable øthttps:lltheintercept.coml20lTl0ll30/ americas-deportati on-agents- love-trumps-ban-rely'breitbart-newV. 6 Joint Press Release Between Border Patrol and ICE Councíls,NAT'L ICE CotlNctr-, qvailable at http://iceunion.orglnews/joint-press-release-between-border-patrol-and-ice-councils. t Alice Speri and Ryan Devereaux, Turmoil at DHS and State Departmenl-"There Are People Literally Crying in
the ffice Here," THE INTERSEpT, Jan. 30,2017, avqílable at https://theintercept.com/2017101/30lasylum-officials-
and-state-department-in-turmoil-there-are-people-literally-crying-in-the-office-here/.
' See, e.g.,Peter Baker, Travelers Stranded and Protests Swell Over Trump Order, N'Y' TIMES, Jan.29,2017,
available øl https://www.nytimes.com/2017/0ll2gluslpolitics/white-house-official-in-reversal-says-green-cardholders-wont-bê-barred.html; Issie Lapowsky and Andy Greenberg, Trump's Ban Leaves Refugees in Civil Liberlies Limbo,WIRED, Jan.28,2017,waílableathttps:llwww.wired.com/2017/01/tnmps-refugee-ban-direct-assault-civil' liberties/; Zolan Kanno-Youngs and Ben Kesling, Thousands Flood Cities' Streets lo Protesl Donald Trump's Immigration Ban,WALLST. J., Jan. 30,2017,øvailable at https://www'wsj'comi articléVprotests-continue-against-trumps-executive-order-banning-some-from-u-s-1485735672-
t See, e.g.,Steve Vladeck , The Airport Cases: What Happened, and W'hat's Next? , JusT SECURITY, Jan- 30,2017 ,
avaitable af https://wwwjustsecurity.org/36960/stock-weekends-district-court-orders-immigration-eo/-
Exhibit 1 Page 2 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 3 of 14
been legally authorized to enter the United States.lo And a few hours later, in Tootkaboni v. Trwnp,-filedby the ACLU of Massachusetts (among others), Judge Burroughs and Magistrate Judgã Dein of the District of Massachusetts issued a nationwide order that not only prohibited the iemoval of such individuals, but also temporarily banned the government from detaining people affected by the Executive Order.ll
At the same time, President Trump remained publicly committed to his opposing position. In the early hours ofsunday, January 29,2017, after the five court orders had been issued, President Trump tweeted, "Our country needs strong borders and extreme vetting, NO'W."12 He also issued a statement on Facebook later that day, indicating that entry from the seven predominantly Muslim countries would remain blocked for the nexininety days.13
In the face of nationwide confusion about the scope and validity of the Executive Order, guidance from other relevant actors offered little clarity. For example, on Saturday, DHS
confirmed that the ban'îillbar green card holders."l4 But on Sunday, DHS Secretary John
Kelly deemed'the entry of lawful permanent residents to be in the national interest"'' and, that evening, the Trump administration clarified that the Executive Order does not apply to green
card holders.tó The same da¡ DHS stated, perhaps contradictorily and without any elaboration, "W'e are and will remain in compliance with judicial orders. We are and will continue to enforce
r0 Decision and Order, Darweeshv. Trump,No. l7 Civ. 480 (AMD) (E.D.N.Y. Jan.28,2017), øvailable at
https:/iwww.aclu.org/legal-document/darweesh-v-trump-decision-and-order. tt Temporary Restraining Otder, Tootkaboniv. Trunp, No. l7-cv-10154 (D. Mass. Jan. 29,2017), øvailable at https://aclum.org/wp-contenVuploads/2017l01/6-TRO-Jan-29-2017.pdf. Another federal court issued an order requiring that attorneys be allowed access to all lawful permanent residents detained at Dulles International Airport and barring the government from deporting any such individuals. See Temporary Restraining Order, Aziz v. Trump,
No. l:17-cv- l l6 (E.D. Va. Jan. 28,2017), wailable at https://wwwjustice4all.org/wpcontenyupload sl2}l7/OlnFtO-order-signed.pdf. In Doe v. Trump, filed in part by the ACLU of Washington, the court banned the removal of tr¡,o individuals. See Order Granting Emergency Motion for Stay of Removal, Doe v. Trump,No. Cl7-t26 (W.D. Wash. Jan. 28, 2017), avaílable athftps:llwwwjustsecurity.org/wpcontenlupload sl20lTl0llseattle-Order.pdf. Finally, in Vryeghanv. Trump, filed in part by the ACLU of Southern Califomig the court ordered the govemment to permit an Iranian individual who had already been removed to Dubai to return to the United States and to admit him pursuant to his approved visa. Order, Vayeghanv. Trump,No.
cv l7-0702 (c.D. cal. Jan.28,2017), nailable athttpst/www.aclusocal.orgisitev
defau lVf i les/vaye ghan---order-re-tro. pdf. 12 Donald J. Trump, Twn-rER (Jan.29,2017 5:08 A.M.), https://twitter.com/realDonaldTrump/ statuV825692045 5326187 53. 13 Donald J. Trump, Statement Regarding Recent Executive Order Concerning Extreme Vetling, Jart' 29'2017, øvailable at https://www.facebook.com/DonaldTrump/posts/101585676436107 25 (..We will again be issuing visas to all countries once we are sure we have reviewed and implemented the most secure policies over the next 90 days.')' 'o Max Greenw ood, Immigration Ban Includes Green Card Holders: DHS, TIÌE HILL, Jan. 28,2017 , ovailable at http://thehill.com/policy/national-security/3 I 6670-trump-refugee-ban-bars-green-card-holders-report. ts Statement By Secretary John Ketly On The Entry Of Løwful Permanent Resìdents Into The United Stat¿J, DEP'T oF H6MELAND SE6URTTy (Jan.29,2017), available at hltps:llwww.dhs.gov/newsl20l7 l01129/statement-secretaryj ohn- kelly -entry-lawful-permanent-residents-united-states. tu Robert Mackey, As Protests Escalate, Trump Retreals From Barring Green Card Holders, THE INTERCEPT, Jan, 29,2017, availabte ør https://theintercept.com/2 017 /01/29ltrumps-executive-order-noJonger-bars-green-cardholderV.
Exhibit 1 Page 3 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 4 of 14
President Trump's executive order humanely and with professionalism."lT On Monday, thenActing Attorney General Sally Yates announced that the Department of Justice would not nresent arguments in defense of the Executive Order unless and until she became convinced that
'¡t *ur law"ful.18 Shortly thereafter, Ms. Yates was relieved of her position by President Trump.le
The same evening, President Trymp also replaced the acting director of U.S. Immigration and Customs Enforcement ("ICE').20
In spite of court orders to the contrary some CBP ofTicials app€ar to be continuing to detain individuals-though the approach appears to differ by location.'' Accordingly, the ACLU seeks to supplement the public record to clariff CBP's understanding and implementation of the Executive Order at Denver Intemational Airport, Ted Stevens International Airport, Boise International Airport, Portland International Airport, Casper/l',latrona County International Airport ("Local International Airports") and Anchoragg Denver, Boise, Portland, Casper ("Port of Entry Offices"). Through this request, the ACLU aims to facilitate the public's indispensable role in checking the power of our public officials and to learn about the facts on the gtound in Colorado, Alaska, Idaho, Oregon, and Wyoming and the Local International Airports.
t' DHS Statement On Compliance llith Court Orders And The Presidenl's Executive Order,DEP'T oF HOMELAND Secururv (Jan. 29, 2017), øvailable at httpst lwww.dhs.gov/n ews/20 17 /
0 I /29ldhs-statement-compliance-court-orders-and-presidents-executive-order. 18 Jonathan H. Adler, Acting Attorney General Orders Justice Departmenl Attorneys Not to Defend Immigration Executive Order,W Asn PosT, Jan. 30, 2017, qvailable at hltps;llwww.wâshingtonpost.com/newVvolokhconspiracy/wp/2017 /01/30lacting-attorney-general-orders-justice-department-attomeys-not-to-defend-immigrationexecutive-order/. te Read the Full llhite House Statement on Sally yate.r, BosToN GLOBE, Jan. 30, 2017, available at https://www.bostonglobe.com/newsþolitics/2017101/3}/read-full-white-house-statement-sallyyates/Fl kFRel YJidU9 deDelPK 6sNístory.htm l. 20 Statementfrom Secretary Kelly on the President's Appointmenl of Thomas D. Homan as Acting ICE Direclor, DEp'r oF H6MELAND SEcuRrry (Jan. 30, 2017), available at https:llwww.dhs.gov/newsl20l7lDll30/statementsecretary-kelly -presidents-appointment-thomas-d-homan-acting- ice-directo r' 2t See, e.g.,Julia Wick, Lowyers Say At Least t7 People Are Still Detainedat LAX, Protests Continue, LAIST, Jan.
l- 29, 20 I 7, av a i I ab le ar http:/i lai st.co ml20 I 7 I 0 I / Z9lpeople-are-stil
detained_at_lax.php; Daniel Marans, Customs and Border Oficíals Defy Court Order on Lawful Residents, HuFFINcToN Posr, Jan. 29, 20 I 7, av a i lab I e at http:l lw ww.huffrngtonpost.com ientryidulles-airport-feds-violated-court-order-usJ88d7274e4b08al4f7e67bcf; Tom Cleary, Is Border Patrol Defyins Federal Judge's Stay on Immigration Execulive Order?, HEAVY, Jan.29,2017, available at htrp:i/hiavy.com/news/2017l01/border-patrol-homeland-security-defing-ignoring-following-judge-ruling-stayimmigration-executive-order-dulles-dñ¡v-muslim-bar¡/; Tess Owen, llaitingfor Answers: ll/e Still Don't Know How Many People are Being DetaÍned at US Airports, VICENEWS, Jan. 30, 2017, available at https://news.vice.com/storyiwe-still-dont-know-how-many-people-are-being-detained-at-us-airports'
Exhibit 1 Page 4 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 5 of 14

II. Requested Records

For the purposes of this Reques! "Records" are collectively defined to include, but are not limited to: têxt communications between phones or other electronic devices (including, but not limited to, communications sent via SMS or other text, Blackberry Messenger, iMessage, WhatsApp, Signal, Gchat, or Twitter direct message); e-mails; images, video, and audio recorded on cell phones; voicemail messages; sociaþmedia posts; instructions; directives; guidance documents; formal and informal presentations; training documents; bulletins; alerts; updates;
advisories; reports; legal and policy memoranda; contracts or agreements; minutes or notes of
meetings and phone càlls; and memoranda of understanding. The ACLU seeks release of the
following:

I .

Records created on or after January 27,2017 concerning CBP's interpretation,

enforcement, and implementation of the following at Local International Airports:

a. President Trump's Executive Order, signed on January 27,2017 and titled
"Protecting the Nation From Foreign Terrorist Entry Into the United States";

b. Any guidance "provided to DHS freld personnel shortly" after President Trump
signed the Executive Order, as referenced in CBP's online FAQ;"

c. Associate Director of Field Operations for U.S. Citizenship and Immigration Services
DanielM. Renaud's email, sent at I l:12 A.M. on January 27,2017, instructing DHS employees that they could not adjudicate any immigration claims from the seven targeted countries;t3
d. Judge Donnelly's Decision and Order granting an Emergency Motion for Stay of
Removal, issued in the Eastern Dishict of New York on January 27,2017, including records related to CBP's efforts to comply with the court's oral order requiring prompt production of a list of all class members detained by CBP;'"
e. Judge Brinkema's TemporaryRestraining Order, issued in the Eastem District of
Virginia on JanuarY 28,2017;2s

22 protecting the Nationfrom Foreign Terrorist Entry into the Uníted States, U.S. CUSToMS AND BoRDER pnOrecrnÑ (Jan. 3l , 2017), wailãble at https:llwww.cbp.gov/border-security/protecting-nation-foreign-tenoristentry-united-states (,'The Executive Order and the instructions therein were effective at the time of the order's signing. Guidance was provided to DHSÍìeldpersonnel shortly thereafter.") (emphasis added).
23 See Alice Speri and Ryan Devereaux, Turmoil at DHS qnd State Department-"There Are People Literally Crying in the'Ofice Here," THE ItrTERcEpr, Jan. 30, 2017, available athttpslltl'teintercept.com/2017101/30lasylum-
officiãs-and-state-department-in-turmoil-there-are-people-literally-crying-in-the-office-here/.
2a Decision and Order, Darweeshv. Trump,No. l7 Civ.480 (AMD) (E.D.N.Y. Jan.28,2017), ovailable at
https://www.aclu.org/legal-document/darweesh-v-trump-decision-and-order.
" Temporary Restraining Order, Azizv. Trump,No. l:17-cv-l l6 (E.D' Va Jan. 28,2017), available at
https://www.justice4alt.org/wp-contenvuploads/2017l01/TRO-order-signed.pdf.

Exhibit 1 Page 5 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 6 of 14

f. Judge Zilly's Order Granting Emergency Motion for S.tay of Removal, issued in the
Western District of Washington on January 28,2017;'"

g. Judge Burroughs' Temporary Restraining Order, issued in the District of
Massachusetts on January 29, 2017 ;"'

h. Judge Gee's Order granting an Amended Ex Parte Application for Temporary
Resãaining Order, issued i-n the Central District of Cãùørnia on January 29,2017i28
i. Assurances from the U.S. Attorney's Office for the Eastem Dishict of Pennsylvania
that all individuals detained at Philadelphia International Airport under the Executive Order would be admitted to the United States and released from custody on Sunday, January 29,2017;
j. DHS's "Response to Recent Litigation" statement, issued on January 29,20L7;2e

k. DHS Secretary John Kelly's "statement on the Entryof Lawful Permanent Residents
Into the United States," issued on January 29,2017;'"
l. DHS's "statement on Compliance with Court Orders and the President's Executive
Order," issued on January 29,2017;" and

m. Any other judicial order or executive directive issued regarding the Executive Order on or after January 27,2017.

)

Records concerning the number of individuals who were detained or subjected to

secondary screening, extending questioning, an enforcement examination, or

consideration for a waiver at Local International Airports pursuant to the Executive

Order, including:

tu Order Granting Emergency Motion for Stay of Removal, Doe v. Trump, No. Cl7-126 (W.D' Wash. Jan. 28, 20 17), avail ab Ie at httpsl lwww j ustsecurity.org/wpcontent/uploads/ 20 I 7 / 0 I I Seattle-Ord er.pdf.
" Temporary Restraining Orde\ Tootkaboniv. Trump,No. l7-cv-10154 (D. Mass. Jan.29,2017), øvaìlable al
https://aclum.org/wp-contenluploads/2O I 7/0 I /6-TRO-Jan'29-201 7 .pdf .
" Order, Vayeghanv. Trump,No. CV 17-0702 (C.D. Cal. Jan. 28, 2017), available at
https://www.acluso cal. org/site s/default/files/vayeghan---order-re-tro'pdf.
2s Department of Homeland Security Response to Recent Lítigatíon,DEP'T oF HOMELAND Secururv (Jan '29,2017)' avaiiable a/ https://www.dhs.gov/news /2017101129/department-homeland-security-response-recent-litigation'
30 Støtementfrom Secretary Kelly on the President's Appointmenl of Thomas D. Homan as Acting ICE Director, DEp,T oF Hóuer.n¡o SEcuRrry (Jan. 30, 2017), øvailable at htTps:llwww.dhs.govinews20lT l|ll30/statementsecretary-kel ly-presidents-appointment-thomas-d-homan-actin g-ice-director.
t't DHS Statement On Compliarrce Ilith Court Orders And The President's Executive Order,DEP'T oF HOMELAND SEcuRITY (Jan. 29, 2017), nailabte øt https:l /www.dhs.gov/news/2017 I
0 I /29ldhs-statement-compliance-court-orders-and-presidents-executive-order.

Exhibit 1 Page 6 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 7 of 14

a. The total number of individuals who remain detained or subject to secondary
screening, extending questioning, an enforcement examination, or consideration for a waiver at Local lntemational Airports both as of the date of this request and as of the date on which this request is processed; and

b. The total number of individuals who have been detained or subjected to secondary
screening, extending questioning, an enforcement examination, or consideration for a waiver for any length of time at Local lnternational Airports since January 27,2017,
including the number of individuals who have been

i. released,

ii. transferred into immigration detention, or

iii. removed from the United States;

3.

Records concerning the number of individuals who have been removed from Local

International Airports from January 27,2017 to date pursuant to the Executive Order;

4.

Records concerning the number of individuals who arrived at Local International

Airports from January 27,2017 to date with valid visas or green cards who

subsequently agreed voluntarily to return; and

5.

Records containing the "guidance" that was "provided to DHS field personnel shortly''

after President Trump signed the Executive Order."

To reiterate: The ACLU seeks information regarding CBP's interpretation and enforcement of the Executive Order at the Local International Airports, not information
held in the records of CBP Headquartem. Specifically, the ACLU seeks records held by CBP employees and offices at the Local Intemational Airports, and the corresponding Port of Entry Ofüces and Regional Field Operations Office. CBP has an obligation to search all such field
offices that are reasonably expected to produce any relevant information. See, e.g., Oglesby v.
U.S. Dep't ofArmy,gz}F.2d57,68 (D.C. Cir. 1990); Marks v. U.,S. Dep't ofJustice,578F.2d 261,261(fth Cir. 1978) (agency not required to search all of its field offices because request did not ask for a search beyond the agency's central files); see also Am. Immigration Courcíl v. U'5.
Dep't of Homeland,søc., 950 F. Supp. 2d221,230 (D.D.C. 2013).

We request that searches of all electronic and paper/manual indices, filing systems, and
locations for any and all records relating or referring to the subject of our Request be conducted. Given the expedited timeline on which the relevant events and interpretations occurred, this
includes the personal email accounts and work phones of all employees and former employees who may have sent or received emails or text messages regarding the subject matter of this

32 Protecting the Nationfrom Foreign Terrorßt Entry into the United Stafe,r, U.S. CUSTOMS AND BORDER
pnOrecuOÑ (Jan. 3 I , 2017¡, avatlable at https:llwww.cbp.goviborder-security/protecting-nation-foreign-terroristentry-united-states ("The Executive Order and the instructions therein were effective at the time of the order's signing. GuÍdance was provided to DHSfìeld personnel shortly thereafier;) (emphasis added)'

Exhibit 1 Page 7 oî 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 8 of 14
Request, as well as all institutional, shared, group, duty, task force, and all other joint and/or tnuiti-ur"r email accounts and work phones which may have been utilized by each such employee or former employee. Additionally, for each relevant email account identified, all stoiagè areas must be searched, including the inbox "folder" (and all subfolders therein), sent folder, deleted folder, and all relevant archive files.
Ifany records responsive or potentially responsive to the Request have been destroyed,
our Request includes, but is not limited to, any and all records relating or referring to the destruciion of those records. This includes, but is not limited to, any and all records relating or referring to the events leading to the destruction ofthose records.
As required by the relevant case law, the agency should follow any leads it discovers during the conduct of its searches and should perform additional searches when said leads indicãte that records may be located in another system. Failure to follow clear leads is a violation of FOIA.
if With respect to the form of production, see 5 U.S.C. $ 552(aX3XB), the ACLU requests
that responsive electronic records be provided electronically in their native file format, possiblè. Alternatively, the ACLU requests that the records be provided electronically in a textsearchable, static-image format (PDF), in the best image quality in the agency's possession, and that the records be provided in separate, Bates-stamped files.
III. Application for Exnedited Processine
The ACLU requests expedited processing pursuant to 5 U.S.C. $ 552(aX6XE).33 There is a.'compelling need" for these records, as defined in the stafute, because the information requested is';urgen[tly]" needed by an organization primarily engaged in disseminating information "to inform ttre public concerning actual or alleged Federal Government activity." 5
u.s.c. $ s52(aX6XEXv)(ID.
A. The ACLU is an organization prímarily engaged in díssemínatíng information in order to
inþrm the public about actual or alleged government activily' The ACLU is "primarily engaged in disseminating information" within the meaning of the sratute. 5 U.S.C. $ 3SZ(aXO)(e)(vÍD.34 Obtaining information about government activit¡ analyzingthat information, and widely publishing and disseminating that information to the p."5 unà'public are critical and substantial components of the ACLU's work and are among its þrimary*tiniti.t. SeeACLUv.U.S.Dep'tofJustice,32lF.Supp.2d24,29n.5(D.D.C'2004) (nnaing non-profit public interest group that "gathers information of potential interest to a
ì.g."ñt of thb pubfic, uses its editórial skills to turn the raw material into a distinct work, and^-
distributes that work to an audience" to be "primarily engaged in disseminating information')'35
3t See also 6 C.F.R. $ 5.5(eXl). 3a See also 6 C.F.R. $ 5.5(eXl Xii). 15 Courts have found that the ACLU as well as other organizations with similar missions that engage in informationdissemination activities similar to the ACLU are "primarily engaged in disseminating information." See, e-g-,
Exhibit 1 Page 8 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 9 of 14

The ACLU regularly publishes STAND, a print magazine that reports on and analyzes civil liberties-related current events. The magazine is disseminated to over 620,000 people. The ACLU of Colorado publishes two newsletters annually that reach over 20,000 Coloradans. The
ACLU of Alaska has approximately 5,000 members who subscribe to emails and newsletters. The ACLU also publishes regular updates and alerts via email to approximately 2.1million subscribers (both ACLU members and non-members). These updates are additionally broadcast to 1.5 million social media followers (members and non-members). The ACLU of Alaska publishes updates to their 500 Twitter followers and over 1000 people who follow their Facebook page. The ACLU of Colorado publishes updated to their 4150 Twitter followers and 13,000 people who follow their Facebook page. The magazine as well as the email and socialmedia alerts often include descriptions and analysis of information obtained through FOIA
requests.

The ACLU also regularly issues p-breresaskrinelgeases to call attention to documents obtained

through FOIA requests, aÑell as other

news,36 and ACLU attorneys are interviewed

frequãntly for news stories about documents released through ACLU FOIA requests.3T

Leadership Conference on Civít Rights v. Gonzales,404 F. Supp. 2d246,260 (D.D.C. 2005); ACLU,32l F. Supp. 2d at29 n.5; Elec. Privacy Info. Ctr. v. U.S. Dep't of Defense,24l F. Supp. 2d 5, I I (D.D.C. 2003).

tu See, e.g., Press Release, ACLU of Colorado, ACL(I Seeks Info into Derwer Police Use of Socíal Media
Surveillance (Oct. 6, 2016),httpt/aclu-co.org/aclu-seeks-info-denver-police-use-social-media-surveillance/;
Release, ACLU of Col orado, ACLU Fìles Suit for Records lllegally Denied by Immigration and Custons

Press

Enþrcernent (ICE) (Aug.24,2016), http://aclu-co.org/aclu-files-suit-records-illegally-denied-immigration-customsenforcement-ice/; Press Release, American Civ il Liberties Union, U.S. Releases Drone Strilce 'Playbook' in
Response to ACLU Lawsuit (Aug.6,2016), https://www.aclu.org/news/us-releases-drone-strike-playbook-responseaclú-hwsuiq Press Release , American Civil Liberties Union, Seøet Documents Describe Graphíc Abuse ønd Admit

Mistalces (June 14,2016), https://www.aclu.org/news/cia-releases-dozens-tofture-documents-response-aclu-lawsuit; Press Release, American Civil LibertÍes IJnion, U.S. Releases Targeted Kílling Memo in Response lo Long-Running

ACL1 Lawsurt (June 23,2014), https://www.aclu.org/national-security/us-releases-targeted-killing-memo-responselong-running-aclu-lawsuit; Press Release, American Civil Liberties Union, Justice Departmenl llrhíte Paper Details

Rationale for Targeted Killing of Americans (Feb. 4, 2013), https:/iwww.aclu.org/national-securiry/justice-
department-white-paper-details-rationale-targeted-killing-americans; Press Release , Amerícan CivÍl Liberties Union, Documents Show FBI Monitored Bay Area Occupy Movement (Sept. 14' 2012)'

https:/iwww.aclu.org/news/documents-show-fbi-monitored-bay-area-occupy-movement'insidebayareacom.

t7 See, e.g., Chris Vy'alker, Denver Police Use Social Media to Follow Actívísts, Bring Back Fears of Spy Files,
Westwoú,January l7,2017,httpt/www.westword.com/news/denver-police-use-social-media-to-follow-activistsbring-back-fears-of-spy-files-8696953 (quoting ACLU of Colorado Legal Director, Mark Silverstein); Karen DeYoung, Newly DeclassiJìed Document Sheds Light on How Presídent Approves Drone Strilæs, Wash. Post, Aug.
6, 201 6, htçs ://www.washingtonpost.com/
world/national-securityinewly-declassified-document-sheds-light-on-how-president-approves-dronestrikeV20l6/08/06/f424fe50-5be0-l le6-831d-0324760ca856-story.htrnt (quoting former ACLU deputy legal
director Jameel Jaffer); Catherine Thorbecke, llhat Newly Released CIA Documents Reveal About 'Torture' in lts
Former Detention Program, ABC, June 15,20l6,http://abcnews.go.comÂJS/newly-released-cia-documents-reveal-
torture-detention-program/story?id=39873389 (quoting ACLU staffattorney Dror Ladin); Nicky Woolt US Mqrshals Spent $l0M on Equipmentþr Warrantless Stíngray Device, Guardian, Mat.l7,2016, https://www.theguardian.com/world/20l6lmar/17 lus-marshals-stingray-surveillance-airbome (quoting ACLU
attomey Nate Wessler); David Weln4 Government Suspected of l(anting CIA Torture Reporl to Remain Secret,
NPR, Dec. 9, 20 I 5, http ://w ww.np r.org/201 5 / l2l 09 I
459026249/cia-torture-report-may-remain-secret (quoting ACLU project director Hina Shamsi).

Exhibit 1
Page I of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 10 of 14
Similarly, the ACLU publishes reports about government conduct and civil liberties issues based on its analysis of information derived from various sources, including information obtained from the govemment through FOIA requests. This material is broadly circulated to the public and widely available to everyone for no cost or, sometimes, for a small fee. ACLU national projects regularly publish and disseminate reports that include a description and analysis of govemment documents obtained through FOIA requests.'o The ACLU also regularly publishes books, "know your rights" materials, fact sheets, and educational brochures and pamphlets designed to educate the^public about civil liberties'issues and government policies that implicate civil rights and liberties."
The ACLU publishes a widely-read blog where original editorial content reporting on and analyzingcivil rights and civil liberties news is posted daily. See https://www.aclu.org/blog; http://aclu-co.org/. The ACLU creates and disseminates original editorial and educational content on civil rights and civil liberties news through multi-media projects, including videos, podcasts, and interactive features.,see https://www.aclu.org/multimedia. The ACLU also publishes, analyzes, and disseminates information through their heavily visited websites, https://www.aclu.org/; http://aclu-co.org/; http://aclu-wy.org/; https://www.acluidaho.org/; http://aclu-or.oryl;http://aclu-ak.org/. The websites address civil rights and civil liberties issues in depth, provides features on civil rights and civil liberties issues in the news, and contain many thousands of documents relating to the issues on which the ACLU is focused. The ACLU's websites also serve as a clearinghouse for news about ACLU cases, as well as analysis about case developments, and an archive of case-related documents. Through these pages, and with respect to each specific civil liberties issue, the ACLU provides the public with educational material, recent news, analyses of relevant Congressional or executive branch action, government documents obtained through FOIA requests, and further in-depth analytic and educational multi-media features.
The ACLU website includes many features on information obtained through the FOIA.a0
t' See, e.g., ACLU, ACLU-Obtaíned Emails Prwe that the Federal Bureau of Prísons Covered Up lts Vísit to the CIA's Torure Srfe (Nov. 22,2016,3:15 PM), https://www.aclu.orgibloglspeak-freely/aclu-obtained-emails-provefederal-bureau-prisons-covered-its-visit-cias-torture; ACLU, Details Abound in Drone 'Playbook'- Exceptþr the
Ones That Really Matter Most (Aug.8, 2016, 5:30 PM), https://www.aclu.org/blog/speak-freely/details-abounddrone-playbook-except-ones-really-matter-most; ACLU, ACLU- Obtaíned Documents Reveal Breadth of Secretive StingrayUseinFlorida(Feb.22,2015,5:30PM), https://www.aclu.org/blog/free-future/aclu-obtained'documents-
reveãt-breadth-secretive-stingray-use-florida; ACLU, New NSA Documents Shine More Light into Black Box of Executive Order 12333 (Oct.30,2014,3:29 PM), https://www.aclu.org/blog/new-nsa-documents-shine-more-lightblack-box-executive-order-12333; ACLU, ACLU Eye onthe FBI: Documenls Reveal LackofPrivacy Safeguards and Guidance in Government's "suspicious Aclivity Reporl" Systems (Oct.29,2013),
https://www.aclu.org/sites/default/fileVassets/eye-on-fbi---sars.pdf.
'n See, e.g., http://static.aclu-co.org/wp'contenvuploadV20l4/074{on-Citizens'pdf; https:/iwlw.acluak.org/siteVdefaulVfiles/flreld-documçnts/know3our-rights---anti-muslim-discrimination'pdf; http://static.aclu-co.org/wp-content/uploadsl20l4/0Tlfuights-at-Airports.pdf. o' See, e.g., https://www.aclu.orgibloglfree-future/fbi-releases-details-zero-day-exploit-decisionmaking-process; https://www.aclu.org/blog/free-future/fbidocuments-rcveal-new-information-baltimore-surveillance-flights; https://www.aclu.org/national-security/anwar-al-awlaki-foia-request; https://www.aclu.org/caseVaclu-v-deparÍnentdefense; https://www.aclu.org/mappingthefbi; htçs://www.aclu.org/cases/bagram-foia;
Exhibit 1 Page 10 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 11 of 14
For example, the ACLU's "Predator Drones FOIA" webpage, https://www.aclu.org/nationalsecurity/predator-drones-foia" contains commentary about the ACLU's FOIA request, press releases,'analysis of the FOIA documents, numerous blog posts on the issue, documents related to litigaiion over the FOIA request, frequently asked questions about targeted killing, and links to the dõcuments themselves. Similarly, the ACLU maintains an online "Torture Database," a compilation ef over 100,000 pages of FOIA documents that allows researchers and the public to conduct sophisticated searches of FOIA documents relating to government policies on rendition,
detention, ànd intenogation.al
The ACLU has also published a number of chans and explanatory materials that collect, summarize, and analyze information it has obøined through the FOLA. For example, through compilation and anaiysis of information gathered from various sources-including information obtained from the government through FOLA requests-the ACLU created an original chart that
provides the publiãand news media wittr a comprehensive summary index of Brrsh-era Office of
Legal Counsål memos relating to interrogation, d,&tention, renditior¡ and surveillance.a2 Similarly, the ACLU produced a summary of documents released in response to a FOIA request related to the FISA Amendments Acta3; a chart of original statistics about the Defense Department's use of National Security Letters based on its own analysis of records obtained thrôugh FOIA requestss; and an analysilof documents obtained through FOIA requests about FBI surveillance flights over Baltimore."
The ACLU plans to wralyze,publish, and disseminate to the public the information
gathered through this Request. The records requested are not sought for commercial use and the iequesters ptan to disseminate the information disclosed as a result of this Request to the public at no cost.
B. The records sought are urgently needed to inþrm the public about actual or alleged
government activitY.
These records are urgently needed to inform the public about actual or alleged government activity.,See 5 U.S.C. g 552(aX6XEXvXII).ao Specifically, as discussed in Part I, lrpro,the requesteâ records seek to inform the public about the CBP's current, local
enforcement of u n"* Executive Order amid five court orders, varying directives, and other
quickly developing events.
Given the foregoing, the ACLU has satisfred the requirements for expedited processing
https://www.aclu.org/national-security/csrt-foia; http://www.aclu.org/safefree/nsaspying/30022res20060207'html; https://www.aclu.org/patriot-foia; https://www.aclu.org/nsl-documents-released-dod?redirect:cpredirect/32088' ar https://www.thetorturedatabase.org. See also https://www.aclu.org/foia-collection/targeted-killing-foia-databasea2 https://www.aclu.org/siteVdefaulvfiles/pdfs/safefree/olcmemos-2009-0305.pdfl a3 htps://www.aclu.org/filesþdfs/natsec/faafoia20I0II29/20I0II29Summary.pdf.
a https://www.aclu.org/siteVdefault/filesifield_document/nsl-stats.pdf.
a5 https://www.aclu.org/blog/free-future/fbi-documents-reveal-new-information-baltimore-surveillance-flights. 6 See also 6 C.F.R. $ 5.5(eXlXii).
Exhibit 1 Page 11 of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 12 of 14

of this Request.

IV. Annlication for \ilaiver or Limitation of Fees

The ACLU requests a waiver of document search, review, and duplication fees on the

g;lrioku"nlydstothcaotndtrisibculotesusrèignoiffrtchaenrtelyquteospteudblrieccuonrddserisstainndthinegpoufbltihceinotpeererasttioannsd

because disclosure or activities of the

is

government and is not primarily in the commercial interest of the requester." 5 U.S.C.

$ SSZ(uX+)(AXiiÐ.4? The ACLU also requests a waiver of search fees on the grounds that the ACLU qualifres as a "representative of the news media" and the records are not sought for

commercial use. 5 U.S.C. $ 552(aXaXAXiÐ(ID.

A. The Request ís likely to contribute significantly to public understanding of the operations
or actiiities of the government and ís not primarily in tlte commercial interest of the ACLU.

As discussed above, news accounts underscore the substantial public interest in the records sought through this Request. Given the ongoing and widespread media attention to this
issue, the records sought will significantly contribute to public understanding of an issue of
profound public importance. Especially because little specific information has been made public äbout how local CBP Field Offrces plan to enforce the Executive Order while also complying with the federal court orders, the records sought are certain to contribute signifrcantly to the
public's understanding of these issues.

The ACLU is not filing this Request to further its commercial interest. As described above, any information disclosed by the ACLU as a result of this FOIA Request will be available
to the public at no cost. Thus, a fee waiver would fulfill Congress's legislative intent in a-ending the FOIA. See Judicial Watch, Inc. v. Rossotti,326 F.3d 1309, 1312 (D.C' Cir. 2003) (,.Congress amended FOIA to ensure that it be liberally construed in favor of waivers for
noncommercial requesters." (quotation marks omitted)).
B. The ACLU is a representative of the news media and the records are rct soughtþr
commercial use.

The ACLU also requests a waiver of search fees on the grounds that the ACLU qualifies
as a'orepresentative of the news media" and the records are not sought for commercial use' 5 U.S.C. $ SSZ(aX+XAXi¡XID. The ACLU meets the stafutory and regulatory definitions of a ',represènhtive of the news media" because it is an "entity that gathers information of potential interest to a segment ofthe public, uses its editorial skills to turn the raw materials into a distinct
work, and distributes that work to an audience." 5 U.S.C. $ 552(a)(a)(AXiiXIII);48 see also Nat'l Sec. Archive v. U.S. Dep't of Defense,880 F.2d 1381, 1387 (D.C. Cir. 1989) (finding that an
organization that gatheis iniormation, exercises editorial discretion in selecting and organizing do-cuments, "devises indices and finding aids," and "distributes the resulting work to the public" is a "representative of the news media" for purposes of the FOIA); Sem. Women's Action

a7 See also 6 C.F.R. $ 5.1l(k). a8 See also 6 C.F.R. $ 5.1l(bX6).

Exhibit 1 Page 12of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 13 of 14

Networkv. U.^i. Dep't of Defense,888 F. Supp. 2d 252 (D. Conn. 2012) (requesters, including

ACLU, were representatives of the news media and thus qualified for fee waivers for FOIA

requests to U.-5. Dep't

the Department of Defense and Department of Veterans Affairs); ACLU of Wash' of Justíce,No. C09-0642RSL, 2011 WL 887731, at *10 (W.D.Wash. Mar. 10,

v.

201 l) (ñnding that the ACLU of Washington is an entity that "gathers information of potential

interest to a sègment of the public, uses its editorial skills to turn the raw materials into a distinct

work, and distributes that work to an audience"); ACLU,32l F. Supp. 2d at 30 n.5 (finding non-

profit public interest group to be "primarily engaged in disseminating information"). The ACLU

is therãfore a "represõnhtive of the news media" for the same reasons it is "primarily engaged in

the dissemination of information."

Furthermore, courts have found other organizations whose mission, firnction, publishing, and public education activities are similar in kind to the ACLU's to be "representatives ofthe news media" as well. See, e.g., Cause of Action v. .LR^S, 125 F. Supp. 3d 145 (D.C. Cir. 2015);
Elec. privacy Inþ. Ctr., 241 F . Supp. 2d at 1G-l 5 (finding non-profit public interest group that
disseminated an electronic newsletter and published books was a "representative of the news media" for purposes of the FOIA); Nal'l Sec. Archive,880 F.2d at 1387; Judicíal \ilatch, Inc. v.
U.S. Dep't of iustice,l33 F. Supp. 2d 52,53-54 (D.D.C. 2000) (finding Judicial Watch, self-
described as a "public interest law firm," a nelvs media requester)-*'

On account of these factors, fees associated with responding to FOIA requests are regularly waived for the ACLU as a "representative of the news media."tu As was true in those
instances, the ACLU meets the requirements for a fee waiver here.

ae Courts have found these organizations to be "representatives ofthe news media" even though they engage in litigation and lobbying activities beyond their dissemination of information / public education activities. See, e.g.' Elãc. privacy tnfo. Clr.,24l F. Supp. 2d 5; Nat'l Sec. Archíve,880 F.2d at 1387; see alsa Leadership Conference on

Civil Ríghts,404 F. Supp. 2d at260; Judiciøl Ilatch, Inc. ' 133 F. Supp. 2d at 53-54'

to In May related to

2016, the FBI granted a fee-waiver request regarding a FOIA request issued to the DOJ for documents Counæring Violent Extremism Programs. In July 2013, the Department of Defense granted the ACLU

of

Colorado a fee-waiver with respect to contracts between the Department and a local newspaper. In April 2013, the

National Security Division of tire DoJ granted a fee-waiver request with respect to a request for documents relating

to the FISA Amendments Act. Also in April 2013, the DOJ granted a fee-waiver request regarding a FOIA request

for documents related to 'hational security letters" issued under the Electronic Communications Privacy Act. In

August 2013, the FBI granted a fee-waiver request related to the same FOIA request issued to the DOJ. In June

20 i-l , the DOJ National Security Division granted a fee waiver to the ACLU with respect to a request for documents

relating to the interpretation and implementation of a section of the PATRIOT Act. In March 2009, the State

Depariment gr*ted a fee waiver to the ACLU with regard to a FOIA request for documents relating to the

detention, inierrogation, treatment, or prosecution of suspected terrorists. Likewise, in December 2008, the

Department of Juõtice granted the ACLU a fee waiver with respect to the same request. In November 2006, the

-d ttu** Oepartment of Health

Services granted a fee waiver to the ACLU with regard to a FOIA request. In May

20ô5, the U.S. Department of Commerce granted a fee waiver to the ACLU with respect to its request for

information ."g*åing the radio-frequency identification chips in United States passports. In March 2005, the

Department of State gr*t"a a fee waiver to the ACLU for a request regarding the use of immigration laws to

prominent nõn-citizen scholars and intellectuals from the country because of their political views,

"s*taótleumde"nts, or associations. In addition, the Department of Defense did not charge the ACLU fees associated with

FOIA requests submitted by the ACLU in April 2007, June 200ó, February 2006, and October 2003. The DOJ did

not charç 2005, an-rl

the ACLU December

fees associated with FOIA requests submittcd by the ACLU in November 2007, December
2004. Finally, three separate agencies-the Federal Bureau of Investigation, the Office of

Exhibit 1 Page 13of 14

Case 3:17-cv-00575-HZ Document 1-1 Filed 04/12/17 Page 14 of 14

¡t

*

*

Pursuant to applicable statutes and regulations, the ACLU expects a determination regarding expedited piocessing within l0 days. ,See 5 U.S.C. $ 552(aX6XEXii); 6 C.F.R. $ 5.5(eXa).
If the Request is denied in whole or in par! the ACLU asks that you justiff all deletions by reference to specific FOIA exemptions. The ACLU expects the release of all segregable pó.tionr of otherwise exempt material. The ACLU reserves the right to appeal a decision to withhold any information or deny a waiver of fees.
Thank you for your prompt attention to this matter. Please furnish the applicable records to:
ACLU Border Litigation Project c/o Mitra Ebadolahi P.O. Box 87131
San Diego, CA 92138-7 l3l
I aflirm that the information provided supporting the request for expedited processing is true and correct to the best of my knowledge and belief. ,See 5 U.S.C. $ 552(a)(6XE)(vi)'
Sincerely,

Mark Silverstein Legal Director, ACLU of Colorado

cc.

' Tara Rich, Legal and Policy Director
American Civil Liberties Union ofAlaska

Richard Eppink, Legal Director

American Civil Liberties Union of ldaho Foundation

Kelly Simon, Staff AttorneY

American Civil Liberties Union of Oregon

Courtney Bowie, Legal Director American Civil liUerties Union of South Dakota, North Dakot4 and Wyoming

Intelligence policy and Review, and the DOJ Office of Information and Privacy--did not charge the ACLU fees associæed with a FOIA request submitted by the ACLU in August 2002.
Exhibit 1
Page M of 14

Case 3:17-cv-00575-HZ Document 1-2 Filed 04/12/17 Page 1 of 3

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Page 3 of 3

Case 3:17-cv-00575-HZ Document 1-3 Filed 04/12/17 Page 1 of 2

JS44 (Rev.o?/r6)

clvllJ covER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as providedbylocal rulesofcourt. Thisfor¡n,approvedbytheJudicial ConferenceofthèUnitedStatesinSepæmberl9T4,isrequiredfordreuseoftheClerkofCourtforthe purpose of initiating the civil docket sheet. (sEE INSTRUCTíaNS oN NEXî PAGE oF THIS FORM.)

I. la) PLAINTIFFS
Arñdrican Civil Liberties Union of Oregon, Amer¡can Civil Liberties Union of Alaska, American Civil Liberties Union of Colorado, American C¡vil Liberties Union of ldaho, and American Civil Liberties Union of Wyoming
(b) county of Residence of Fißt Listed Plaintiff Multnomah
(EXCEPT IN U.S, PL/UNTIFF CASES)

DEFENDANTS U.S. Department of Homeland Security and U.S. Customs and Border Protection
County ofResidence ofFirst Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(C) Attomevs (Firm Name, Address, and Telephone Number) Dàúis Wrighi Tremaine LLP, 1300 SW 5th AveSte 2400, Portland, OR 97201, 503-241-2300; and American Civil Liberties Union of Oregon, PO Box 40585, Portland, OR 97240, 503-227-6928

AlÍomeys (If Knøvn)
U.S. Attorney for Oregon, 1000 SW 3rd Ave Ste 600, Portland, OR 97204, 503-727-1 000

II. BASIS OF JURISDI CTION ¡nace an "x" in one Box onty)

D I U.S. Govement
Plaintiff

[J 3 Fedøal Question
(U.5. Governnent Not a Parry)

z ð u.s. Govemment
Defendant

D 4 Diveßity (lndicate CitiæÆhip ol Pailiß ¡n hen Ill)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Ptace an "X" inone Boxþr Ptainrijf

(For D¡versity Cases Only) PIF DEF

and One Boxlot Defendmt)
PIT DEF

CitizenofThisState O I D I IncorporatedorPrincipalPlace O 4 O4

of Business In This State

CitizenofAnotherState I 2 D 2 IncorpomtedandPrincipalPlace
of Business In Another State

o 5 05

Citiæn or Subjæt of a

D3 0 3 ForeignNation

J 6 A6

IV. NATUR-E OF SUIT

an "X" in One Box

D l l0 lnsuance O 120 Mæine D 130 Miller Act I 140 Negotiable Instrument D 150 Recovery of Overpayment
& Enforcement of
D l5l MedicåreAct D 152 Recovery of Defaulted
Sn¡dent Loms (Excludes Veterils)
0 153 Recovery of Overpayment
of Vetem's Bene{its O 160 Slockholders' Suits
I lgoothercontract O 195 Contract Product Liability O 196 Fmchise
û 210 Lmd Condemnation
O 220 Foreclosure
û 230 Rent Leæe & Ejectrnent I 240 Tofs to Land D 245 Tort Product Liability
O 290 All Other Real Property

PERSONAL INJURY
O 310 Airplane D 315 Aþlane Product
Liabilily D 320 Assaulq Lib€l &
Slmder
D 330 Federal Employeß' Liåbility
fl 340 Mrine
O 345 Mdne Product
Liability
ll 350 Motor Vehicle
O 355 Moror Vehicle
Product Liability
0 360 Other Personal
lnjury O 362 Personal Injury -

PERSONALINJURY
0 365 Personal Injury -
Product Liability O 367 Health Care/
Phmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
O 370 Other Fraud O 3?l Truth in Lending Cl 380 Oúer Personal
hoperty Dâmâge
0 385 Prop€rty Dmage
hoduct Liability

O 440 Othscivil Rights O 441 Voting

Habeas Corpus: O 463 Alien Detainee

O 442 Employment

O 510 Motions 10 Vacate

O 443 Housing/

Sentence

Accommodations

O 53oGeneral

Cl 445 Amer. dDisabilities - ú 535 Deaü Penalty

Employment

Oaher:

O 446 Amer. dDisabilities - O 540 Mmdamus & Other

Other

O 550 Civil Rights

0 ,148 Education

O 555 Prison Condition
ù 560 Civil Detåinee -

Conditions of

Confmement

O 625 Drug Related Seirue ofProperty 2l Usc 881
690 Other
710 Ac¡
720 Labor/Mmagement Relations
740 Râilw¿y Labor Act 751 Family and Medical
Leave Act 790 Other Labor Litigation 791 Employee Retirement
lncome Secuity Act
465 Oû€r Immigmtion Actions

D 422 Appeal 28 USC 158
0 423 Withdr¿wal

0 375 False Claims Äct O 376QuiTam(31 USC

28 USC t57

372e(^))

O 400 State Reapportioment

O 410 Antitrust

O 820 Copyrights

O 430BanksandBanking

O 830 Patent

O 450comeræ

O 840 Tmdemuk

0 460Deportation

Êfsr,aã6 h$rtrs"i¡xiÐ

O 470 Racketeer Influenc€d and

iilå,

Compt Orgmizations

0 4S0ConsumerCredit

O 862 Black Lmg (923)

O 4gocable/SatTv

o 863 Drwc/Drww(405G)) O 850 SecuritievComoditieV

O 8@SSIDTideXVI

Exchange

Cl 8ó5 RSI (405(s)

O 890 Olher Stâtutory Actions

O 891 Ag¡iculhml Acts

O 893 Envirom€nt¿l Matteß

6 895 Fr€edom of Infomation

Act

O 870 Tues (U.S. Plaintiff
or Defendmt)

O 89ó Arbitntion D 899 Administrative Procedure

O 871 IRS-Third Party

AclReview or Appeal of

26 USC 7ó09

Agency Decision
O 950 Constitutíonality of

State Statutes

V. ORIGIN (Place an "X" in one Box onty)

Xl

OPrroieõineaeldingO2

Removedfrom StateCourt

I 3 Remanded from
Appellate Court

D 4 Reinstated or Reopened

0

5 Transferred from
District

E 6

MLitiugalttiiodnis-trict Transfer

0 8 Multidistrict
Litigation Direct File

Cite the U Civ
VI. CAUSE OF ACTION 5 U.S.C

which you are filing(Do not c¡tejur¡sd¡ct¡onal statuts unless d¡vers¡ly):

VII. REQUESTED IN
COMPLAINT:

lnformation Act
CHECK IF THIS IS A CLASS ACTION LJNDER RULE 23, F.R.Cv.P.

DEMAND$

CHECK YES only if demanded in complaint:
JURYDEMAND: 0 Yes 0No

VIII. RELATED CASE(S)

IFANY

(See instmclioß):

JUDGE

DOCKETNUMBER

04t12t2017

RECEIPT #

AMOLINT

APPLYING IFP

ruDGE

MAG, ruDGE

Case 3:17-cv-00575-HZ Document 1-3 Filed 04/12/17 Page 2 of 2
JS 44 Reverse (Rev.07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofpleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use oithe Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint fìled. The attorney filing a case should oomplete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (las! first, middle initial) of plaintiffand defendant. lf the plaintiffor defendant is a govemment agency, use
only the full name or standard abbreviations. Ifthe plaintiffor defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiffcases, enter the name of the county where the first listed plaintiffresides at the
time oi ñling. In U.S. plaintiff cases, enter the name of the courty in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the comty of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephore number, and attorney ofrecord. Ifthere are several attorneys, list them on an attachmen! noting
in this section "(see aüachment)".
ü. Jurisdiction. The basis ofjurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one ofthe boxes. Ifthere is more than ore basis ofjurisdiction, precedørce is given in the order shown below
United States plaintiff. (l) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthe United States are included here.
United States defendant. (2) When the plaintiffis suing the United States, its oflicers or agencies, place an "X" in this box. Federalquestion. (3)Thisreferstosuitsunder2SU.S.C. l33l,wherejuridictiona¡isesundertheConstitutionoftheUnitedStates,anamendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant ode takes precedence, and box I or 2 should be marked. biversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where pa'ties are citizens of diferent states. When Box 4 is checked, the citizenship ofthe different parties must be checked (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
¡¡I. Residence (citizenship) of Principal P¡rties. This section of the JS ¿14 is to be completed if divemity of citizenship was indicated above. Markthis
section for each principal party.
W. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI beloq is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of sit, select the most definitive.
V. Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (l) Cases which originaæ in the United States district courts.
Removed from Staie Court. (2) Proceedings initiated in state courts may be removed to tl¡e district courts under Title 28 U.S.C., Section l'141. When the petition for removal is granted, check this box. Remandd from Appellate Cou¡t. (3) Check this box for cases remanded to the district court for furtl¡er action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the fìling daæ. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section lzt04(a). Do not use this for within district transfers or multidistrict litigation tansfers.
Multidistrict Litìgation - Transfer. (6) Check this box when a multidishict case is transfened into the district under authority of TitJe 28 U.S.C.
Section 1407.
Multidistrict Litigation - Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical reconds and is no longer relevant due to
changes in statue.
VI. CauseofAction. Reportthecivilstatutedirectlyrelatedtotheca¡seofactionandgiveabriefdescriptionofthecause. I)onotciteiurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
V¡1 Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R'Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction' Jury Demand. Check the appropriate box to indicate whether or not ajury is being demanded.
VIII. Related Cases. This section of the JS ,14 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the correspondingjudge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet'

 
 Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 1 of 7 Page ID#: <pageID>

U.S. District Court District of Oregon (Portland (3)) CIVIL DOCKET FOR CASE #: 3:17−cv−00575−HZ

TERMINATED

American Civil Liberties Union of Oregon, Inc. et al v. U.S. Department of Homeland Security et al Assigned to: Judge Marco A. Hernandez Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 04/12/2017 Date Terminated: 02/26/2019 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

American Civil Liberties Union of Oregon, Inc.

represented by Gregory A. Chaimov Davis Wright Tremaine, LLP 1300 SW Fifth Avenue Suite 2400 Portland, OR 97201−5630 503−778−5328 Fax: 503−778−5299 Email: gregorychaimov@dwt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Derek D. Green Davis Wright Tremaine, LLP 1300 SW Fifth Avenue Suite 2400 Portland, OR 97201−5630 (503) 778−5264 Fax: (503) 778−5299 Email: derekgreen@dwt.com ATTORNEY TO BE NOTICED

Kelly K. Simon ACLU of Oregon P.O. Box 40585 Portland, OR 97240 503−444−7015 Email: ksimon@aclu−or.org ATTORNEY TO BE NOTICED

Mathew W. dos Santos ACLU of Oregon P.O. Box 40585 Portland, OR 97240 503−227−6928 Email: mdossantos@aclu−or.org ATTORNEY TO BE NOTICED

Plaintiff
American Civil Liberties Union of Alaksa

represented by Gregory A. Chaimov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Derek D. Green (See above for address) ATTORNEY TO BE NOTICED

Kelly K. Simon (See above for address) ATTORNEY TO BE NOTICED

Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 2 of 7 Page ID#: <pageID>

Plaintiff American Civil Liberties Union of Colorado
Plaintiff American Civil Liberties Union of Idaho
Plaintiff American Civil Liberties Union of Wyoming

Mathew W. dos Santos (See above for address) ATTORNEY TO BE NOTICED
represented by Gregory A. Chaimov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Derek D. Green (See above for address) ATTORNEY TO BE NOTICED
Kelly K. Simon (See above for address) ATTORNEY TO BE NOTICED
Mathew W. dos Santos (See above for address) ATTORNEY TO BE NOTICED
represented by Gregory A. Chaimov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Derek D. Green (See above for address) ATTORNEY TO BE NOTICED
Kelly K. Simon (See above for address) ATTORNEY TO BE NOTICED
Mathew W. dos Santos (See above for address) ATTORNEY TO BE NOTICED
represented by Gregory A. Chaimov (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Derek D. Green (See above for address) ATTORNEY TO BE NOTICED
Kelly K. Simon (See above for address) ATTORNEY TO BE NOTICED
Mathew W. dos Santos (See above for address) ATTORNEY TO BE NOTICED

V. Defendant

Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 3 of 7 Page ID#: <pageID>

U.S. Department of Homeland Security

represented by Chetan Patil U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20530 202−305−4968 Fax: 202−616−8470 Email: chetan.patil@usdoj.gov TERMINATED: 12/13/2017

Joseph C. Dugan U.S. Department of Justice, Civil Division Federal Programs Branch 1100 L Street, NW, Ste. 11212 Washington, DC 20005 202−514−3259 Fax: 202−616−8470 Email: joseph.dugan@usdoj.gov ATTORNEY TO BE NOTICED

Matthew J. Berns U.S. Department of Justice Civil Division/Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 202−616−8016 Fax: 202−616−8470 Email: matthew.j.berns@usdoj.gov TERMINATED: 08/24/2017

Brigham J. Bowen US Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, DC 20044 (202) 514−6289 Fax: (202) 616−8470 Email: brigham.bowen@usdoj.gov ATTORNEY TO BE NOTICED

Defendant U.S. Customs and Border Protection

represented by Chetan Patil (See above for address) TERMINATED: 12/13/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph C. Dugan (See above for address) ATTORNEY TO BE NOTICED

Matthew J. Berns (See above for address) TERMINATED: 08/24/2017

Brigham J. Bowen (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/12/2017

# Docket Text
1 Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979−4972084 Jury Trial Requested: No. Filed by American Civil Liberties Union of

Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 4 of 7 Page ID#: <pageID>

04/12/2017
04/12/2017 04/12/2017 04/13/2017
05/08/2017 05/08/2017
05/10/2017 05/11/2017 05/11/2017 05/25/2017 05/30/2017 06/06/2017 06/08/2017 06/19/2017

Idaho, American Civil Liberties Union of Oregon, Inc., American Civil Liberties Union of Colorado, American Civil Liberties Union of Alaksa, American Civil Liberties Union of Wyoming against All Plaintiffs (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Civil Cover Sheet Civil Cover Sheet). (Chaimov, Gregory) (Entered: 04/12/2017)
2 Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. Discovery is to be completed by 8/10/2017. Joint Alternate Dispute Resolution Report is due by 9/11/2017. Pretrial Order is due by 9/11/2017. Ordered by Judge Marco A. Hernandez. (cib) (Entered: 04/12/2017)
3 Proposed Summons US Dept of Homeland Security Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 04/12/2017)
4 Proposed Summons US Customs and Border Protection Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 04/12/2017)
5 Summons Issued Electronically as to U.S. Customs and Border Protection, U.S. Department of Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. (Attachments: # 1 issued summons US Customs and Border Protection) (cib) (Entered: 04/13/2017)
6 Notice of Appearance of Chetan Patil appearing on behalf of All Defendants Filed by on behalf of All Defendants (Patil, Chetan) (Entered: 05/08/2017)
7 Notice of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 − Transfer Motion, # 3 Exhibit Exhibit 2 − Supporting Memorandum, # 4 Exhibit Exhibit 3 − Schedule of Actions) (Patil, Chetan) (Entered: 05/08/2017)
8 Unopposed Motion for Extension of Time to Answer or otherwise respond to Complaint. Filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection. (Patil, Chetan) (Entered: 05/10/2017)
9 ORDER: Granting Motion for Extension of Time to Answer 8 .A response to the Complaint is due by 6/29/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 05/11/2017)
10 Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer. Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/11/2017)
11 Response to Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 10 . Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 05/25/2017)
12 Notice re Motion for Stay 10 Notice of filing of Plaintiffs' Opposition to Defendants' Motion to Transfer Filed by All Plaintiffs (Related document(s): Motion for Stay 10 .) (Chaimov, Gregory) (Entered: 05/30/2017)
13 Notice of Filing of JPML Reply Brief Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit JPML Reply Brief) (Patil, Chetan) (Entered: 06/06/2017)
14 Reply to Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 10 . Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 06/08/2017)
15 Notice of Decision in Related Case Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 District of Maine Order) (Patil, Chetan) (Entered: 06/19/2017)

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06/19/2017 06/29/2017 07/22/2017 07/31/2017
08/01/2017
08/24/2017 09/06/2017 09/13/2017
10/06/2017 10/11/2017
10/15/2017 11/06/2017 11/06/2017 11/06/2017 11/06/2017
11/13/2017

16 ORDER: Denying Motion for Stay 10 . Signed on 6/19/2017 by Judge Marco A. Hernandez. (jp) (Entered: 06/19/2017)
17 Answer to 1 Complaint,, . Filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection. (Patil, Chetan) (Entered: 06/29/2017)
18 Notice of Appearance of Matthew J. Berns appearing on behalf of All Defendants Filed by on behalf of All Defendants (Berns, Matthew) (Entered: 07/22/2017)
19 Joint Motion for Extension of Discovery & PTO Deadlines Joint Motion to Extend Case Schedule Deadlines. Filed by American Civil Liberties Union of Alaksa, American Civil Liberties Union of Colorado, American Civil Liberties Union of Idaho, American Civil Liberties Union of Oregon, Inc., American Civil Liberties Union of Wyoming. (Green, Derek) (Entered: 07/31/2017)
20 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines 19 .The parties shall complete their initial conference pursuant to Fed. R. Civ. P. 26(a)(1)(B) and LR 26−1 by August 30, 2017. Discovery is to be completed by 10/10/2017. Joint Alternate Dispute Resolution Report is due by 11/10/2017. Pretrial Order is due by 11/10/2017. Joint Schedule for remaining deadlines is due by 9/6/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 08/01/2017)
21 Notice of Attorney Substitution:Attorney Brigham J. Bowen is substituted as counsel of record in place of Attorney Matthew J. Berns Filed by All Defendants. (Bowen, Brigham) (Entered: 08/24/2017)
22 Second Motion for Extension of Discovery & PTO Deadlines Joint Motion to Extend Case Schedule Deadlines. Filed by All Plaintiffs. (Green, Derek) (Entered: 09/06/2017)
23 ORDER: Granting Motion for Extension of Discovery & PTO Deadlines 22 . A jointly proposed case schedule is due by 10/6/2017. Discovery is to be completed by 12/11/2017. Joint Alternate Dispute Resolution Report is due by 1/10/2018. Pretrial Order is due by 1/10/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/13/2017)
24 Unopposed Motion to Alter Case Schedule and Deadlines. Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Bowen, Brigham) (Entered: 10/06/2017)
25 ORDER: Granting Unopposed Motion to Alter Case Schedule and Deadlines 24 . A joint status report is due by 11/6/2017. A telephone status conference to discuss the case scheduled is set for 11/8/2017 at 10:00AM before Judge Marco A. Hernandez. All other deadlines will be discussed and set accordingly at the status conference. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 10/11/2017)
26 Notice of Appearance of Joseph C. Dugan appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Dugan, Joseph) (Entered: 10/15/2017)
27 Joint Fed. R. Civ. P. 26(a)(1) Agreement . Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Dugan, Joseph) (Entered: 11/06/2017)
28 Joint ADR Report . Filed by All Defendants.(Dugan, Joseph) (Entered: 11/06/2017)
29 Joint Status Report . Filed by All Defendants. (Attachments: # 1 Exhibit A: Core Search Terms) (Dugan, Joseph) (Entered: 11/06/2017)
30 Scheduling Order by Judge Marco A. Hernandez. The Telephone Status Conference set for 11/8/2017 at 10:00AM is RESET to 11/13/2017 at 01:30PM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided to the parties on 10/11/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 11/06/2017)
31 MINUTES of Proceedings: Status Conference held. Discovery is to be completed by 5/31/2018. Status Conference is set for 3/1/2018 at 09:00AM in Portland by telephone before Judge Marco A. Hernandez. The parties shall use the same conference call

Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 6 of 7 Page ID#: <pageID>

11/14/2017 11/14/2017 12/13/2017 12/13/2017
02/23/2018 03/01/2018 05/15/2018 06/19/2018
07/26/2018

information provided to the parties on 10/11/2017. Derek D. Green and Mathew W. dos Santos present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (dls) (Entered: 11/13/2017)
32 Scheduling Order by Judge Marco A. Hernandez: Due to a conflict in the Court's schedule, the telephone Status Conference set for 3/1/2018 at 9:00AM is reset AS TO TIME ONLY to 3/1/2018 at 12:15PM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided to the parties on 10/11/2017. Ordered by Judge Marco A. Hernandez. (jp) Modified on 11/14/2017 to indicate time change only. NEF will be regenerated (jp). (Entered: 11/14/2017)
33 Transcript Designation and Order Form for the hearing held on 11/13/17 before Judge Hernandez. Court Reporter: Nancy Walker. . Filed by All Defendants. (Dugan, Joseph) (Entered: 11/14/2017)
34 Notice of Attorney Withdrawal: Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 12/13/2017)
35 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on November 13, 2017 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503−326−8186 or e−mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503−326−8186) or through PACER−See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/20/2017. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 3/13/2018. (Walker, Nancy) (Entered: 12/13/2017)
36 Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the telephone Status Conference set for 3/1/2018 at 12:15PM is RESET AS TO TIME ONLY TO 3/1/2018 at 10:30AM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided for the 12:15 call. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 02/23/2018)
37 MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Telephone Status Conference is set for 6/18/2018 at 09:30AM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Derek Green present as counsel for plaintiff(s). Joseph Dugan present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) (Entered: 03/01/2018)
38 Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the Telephone Status Conference set for 6/18/2018 at 9:30AM is RESET to 6/19/2018 at 09:30AM before Judge Marco A. Hernandez. The parties shall call in to the same number provided for the call on 6/18/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 05/15/2018)
39 MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Telephone Status Conference is set for 7/26/2018 at 04:30PM in Portland by telephone before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Derek D. Green present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Ariel Badenhop. Judge Marco A. Hernandez presiding. (jp) (Entered: 06/19/2018)
40 MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Status Conference is set for 9/25/2018 at 09:30AM in Portland by telephone before Judge Marco A. Hernandez. Derek D. Green present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 07/27/2018)

Case 3:17-cv-575 As of 11/22/2019 05:25 PM PST Page 7 of 7 Page ID#: <pageID>

09/24/2018
10/12/2018 10/19/2018
12/04/2018 12/04/2018
01/08/2019 01/09/2019
01/28/2019 01/30/2019 02/25/2019 02/26/2019

41 Scheduling Order by Judge Marco A. Hernandez. At the request of the parties, the Telephone Status Conference set for 9/25/2018 at 9:30AM is RESET to 10/11/2018 at 03:30PM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/24/2018)
42 Notice of Change of Address. Filed by All Defendants. (Dugan, Joseph) (Entered: 10/12/2018)
43 Scheduling Order by Judge Marco A. Hernandez The telephone Status Conference set for 10/11/2018 at 3:30PM was canceled and is RESET to 12/5/2018 at 10:00AM in Portland by telephone before Judge Marco A. Hernandez. The parties shall use the same call−in information provided for the 10/11/18 call. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 10/19/2018)
44 Joint Status Report and Request to Vacate Telephonic Status Conference by All Defendants. Filed by All Defendants. (Dugan, Joseph) (Entered: 12/04/2018)
45 Scheduling Order by Judge Marco A. Hernandez. Pursuant to the parties' Joint Status Report 44 , the telephone conference set for TOMORROW, 12/5/2018 is CANCELED. The parties shall file either a joint status report or a stipulation of dismissal on or before 1/11/2019. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 12/04/2018)
46 Unopposed Motion for Stay of 1/11/19 Deadline for Joint Status Report or Stipulation of Dismissal in Light of Lapse in Appropriations. Filed by All Defendants. (Dugan, Joseph) (Entered: 01/08/2019)
47 ORDER: Granting Defendants' Unopposed Motion for Stay of 1/11/19 Deadline for Joint Status Report or Stipulation of Dismissal in Light of Lapse in Appropriations 46 . Counsel shall inform the Court once Congress has appropriated funds for the Department. The parties' deadline for their joint status report or stipulation of dismissal shall be extended by a period of one month following the date appropriations are restored. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/09/2019)
48 Notice re Order on motion for stay, 47 (Notice of Restoration of Appropriations) Filed by All Defendants. (Related document(s): Order on motion for stay, 47 .) (Dugan, Joseph) (Entered: 01/28/2019)
49 ORDER: Pursuant to Defendants' Notice to the Court of Restoration of Appropriations 48 , the parties joint status report or stipulation of dismissal is due February 25, 2019. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/30/2019)
50 Stipulated Motion to Dismiss Stipulation of Dismissal with Prejudice. Filed by All Plaintiffs. (Green, Derek) (Entered: 02/25/2019)
51 ORDER: GRANTING Plaintiffs Stipulated Motion to Dismiss 50 . This case is dismissed with prejudice and without an award by this Court of costs or fees to any party. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 02/26/2019)