Case: 1:17-cv-2448 As of: 08/17/2018 01:07 AM EDT 1 of 4
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−02448−APM

TYPE I−FOIA

NATIONAL IMMIGRATION PROJECT OF THE NATIONAL Date Filed: 11/13/2017

LAWYERS GUILD et al v. IMMIGRATION & CUSTOMS Jury Demand: None

ENFORCEMENT

Nature of Suit: 895 Freedom of

Assigned to: Judge Amit P. Mehta

Information Act

Cause: 05:552 Freedom of Information Act

Jurisdiction: U.S. Government Defendant

Plaintiff

NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD

represented by Michael T. Kirkpatrick PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, NW Washington, DC 20009 (202) 588−7728 Fax: (202) 588−7795 Email: mkirkpatrick@citizen.org ATTORNEY TO BE NOTICED

Paromita Hasmukh Shah NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD 14 Beacon Street Suite 602 Boston, MA 02108 (617) 227−9727 PRO HAC VICE ATTORNEY TO BE NOTICED

Sejal Ramnik Zota NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD 14 Beacon Street Suite 602 Boston, MA 02108 (919) 698−5015 Email: sejal@nipnlg.org PRO HAC VICE ATTORNEY TO BE NOTICED

Patrick D. Llewellyn PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, NW Washington, DC 20009 (202) 588−7727 Fax: (202) 588−7795 Email: pllewellyn@citizen.org ATTORNEY TO BE NOTICED

Plaintiff MIJENTE SUPPORT COMMITTEE

represented by Michael T. Kirkpatrick (See above for address) ATTORNEY TO BE NOTICED

Paromita Hasmukh Shah (See above for address) PRO HAC VICE

Case: 1:17-cv-2448 As of: 08/17/2018 01:07 AM EDT 2 of 4

ATTORNEY TO BE NOTICED

Sejal Ramnik Zota (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Patrick D. Llewellyn (See above for address) ATTORNEY TO BE NOTICED

Plaintiff DETENTION WATCH NETWORK

represented by Michael T. Kirkpatrick (See above for address) ATTORNEY TO BE NOTICED

Paromita Hasmukh Shah (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Sejal Ramnik Zota (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Patrick D. Llewellyn (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
IMMIGRATION & CUSTOMS ENFORCEMENT

represented by Jeremy S. Simon U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2528 Fax: (202) 252−2599 Email: jeremy.simon@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/13/2017
11/14/2017 11/14/2017 11/14/2017

# Docket Text
1 COMPLAINT against IMMIGRATION & CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090−5202424) filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Agency, # 3 Summons to Attorney General, # 4 Summons to U.S. Attorney)(Llewellyn, Patrick) (Attachment 1 replaced on 12/1/2017) (znmw). (Entered: 11/13/2017)
2 Corporate Disclosure Statement by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD. (Llewellyn, Patrick) (Entered: 11/14/2017)
3 Corporate Disclosure Statement by MIJENTE SUPPORT COMMITTEE. (Llewellyn, Patrick) (Entered: 11/14/2017)
4 Corporate Disclosure Statement by DETENTION WATCH NETWORK. (Llewellyn, Patrick) (Entered: 11/14/2017)

Case: 1:17-cv-2448 As of: 08/17/2018 01:07 AM EDT 3 of 4

11/14/2017 11/14/2017
11/14/2017
11/14/2017 11/15/2017 11/15/2017
11/16/2017 11/17/2017 11/17/2017 11/17/2017 12/18/2017 12/18/2017 12/19/2017 01/08/2018 01/09/2018

5 NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 11/14/2017)
6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Paromita Shah, :Firm− National Immigration Project of the National Lawyers Guild, :Address− 14 Beacon Street, Suite 602, Boston, MA 02108. Phone No. − (617) 227−9727. Filing fee $ 100, receipt number 0090−5204168. Fee Status: Fee Paid. by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration of Paromita Shah, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/14/2017)
7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Sejal Zota, :Firm− National Immigration Project of the National Lawyers Guild, :Address− 14 Beacon Street, Suite 602, Boston, MA 02108. Phone No. − (617) 227−9727. Filing fee $ 100, receipt number 0090−5204211. Fee Status: Fee Paid. by DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE, NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD (Attachments: # 1 Declaration of Sejal Zota, # 2 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 11/14/2017)
Case Assigned to Judge Amit P. Mehta. (md) (Entered: 11/15/2017)
SUMMONS Not Issued as to IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney & U.S. Attorney General. (INCORRECT SUMMONS WERE SUBMITTED AT THE TIME COMPLAINT WAS FILED. FOIA SUMMONS NEED TO BE SUBMITTED) (md) (Entered: 11/15/2017)
8 REQUEST FOR SUMMONS TO ISSUE with Corrected Summons Attached filed by NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD, DETENTION WATCH NETWORK, MIJENTE SUPPORT COMMITTEE. (Attachments: # 1 Corrected Agency Summons, # 2 Corrected Attorney General Summons, # 3 Corrected U.S. Attorney Summons)(Llewellyn, Patrick) (Entered: 11/15/2017)
9 SUMMONS (3) Issued Electronically as to IMMIGRATION & CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 11/16/2017)
10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2017. Answer due for ALL FEDERAL DEFENDANTS by 12/17/2017. (Llewellyn, Patrick) (Entered: 11/17/2017)
MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Attorney Paromita Shah is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm1) (Entered: 11/17/2017)
MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Sejal Zota is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 11/17/2017. (lcapm1) (Entered: 11/17/2017)
11 ANSWER to Complaint by IMMIGRATION & CUSTOMS ENFORCEMENT.(Simon, Jeremy) (Entered: 12/18/2017)
12 ORDER. Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before January 8, 2018. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 12/18/2017. (lcapm1) (Entered: 12/18/2017)
Set/Reset Deadlines/Hearings: Joint Status Report due by 1/8/2018. (zcdw) (Entered: 12/19/2017)
13 Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 01/08/2018)
MINUTE ORDER. Upon consideration of the parties' 13 Joint Status Report, the following deadlines shall govern this matter: (1) Defendant shall produce at least the first 500 responsive pages to Plaintiffs on or before February 20, 2018; (2) Defendant shall disclose to Plaintiffs the estimated total number of potentially responsive pages

Case: 1:17-cv-2448 As of: 08/17/2018 01:07 AM EDT 4 of 4

01/09/2018 03/06/2018 03/06/2018
03/06/2018 05/02/2018 05/03/2018
05/03/2018 08/14/2018 08/15/2018
08/16/2018

as soon as feasible, but at least prior to March 6, 2018; and (3) the parties shall file another Joint Status Report, on or before March 6, 2018, that updates the court on their progress and proposes a production schedule. Signed by Judge Amit P. Mehta on 01/09/2018. (lcapm1) (Entered: 01/09/2018)
Set/Reset Deadlines/Hearings: Joint Status Report due by 3/6/2018. (zcdw) (Entered: 01/10/2018)
14 Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 03/06/2018)
MINUTE ORDER. Upon consideration of the parties' 14 March 6, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before May 2, 2018, that updates the court regarding the production of records. Signed by Judge Amit P. Mehta on 03/06/2018. (lcapm1) (Entered: 03/06/2018)
Set/Reset Deadlines/Hearings: Joint Status Report due by 5/2/2018. (zcdw) (Entered: 03/07/2018)
15 Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 05/02/2018)
MINUTE ORDER. Upon consideration of the parties' 15 May 2, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before August 14, 2018, that updates the court regarding the production of records. Signed by Judge Amit P. Mehta on 05/03/2018. (lcapm1) (Entered: 05/03/2018)
Set/Reset Deadlines/Hearings: Joint Status Report due by 8/14/2018. (zcdw) (Entered: 05/06/2018)
16 Joint STATUS REPORT by IMMIGRATION & CUSTOMS ENFORCEMENT. (Simon, Jeremy) (Entered: 08/14/2018)
MINUTE ORDER. Upon consideration of the parties' 16 August 14, 2018, Joint Status Report, the parties are directed to file another Joint Status Report, on or before November 14, 2018, that updates the court regarding the production of records. In that Status Report, Defendant shall indicate the number of pages remaining to be processed and potentially produced. Signed by Judge Amit P. Mehta on 08/15/2018. (lcapm1) (Entered: 08/15/2018)
Set/Reset Deadlines: Joint Status Report due by 11/14/2018. (tg) (Entered: 08/16/2018)

 
 Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

____________________________________

)

NATIONAL IMMIGRATION PROJECT )

OF THE NATIONAL LAWYERS GUILD, )

14 Beacon Street, Suite 602

)

Boston, MA 02108,

)

)

MIJENTE SUPPORT COMMITTEE,

)

1937 W. Adams Street

)

Phoenix, AZ 85009,

)

)

and

)

)

DETENTION WATCH NETWORK,

)

1419 V Street NW

)

Washington, DC 20009,

)

Civil Action No. 17-cv-2448

)

Plaintiffs,

)

)

v.

)

)

IMMIGRATION AND CUSTOMS

)

ENFORCEMENT,

)

500 12th Street SW

)

Washington, DC 20536,

)

)

Defendant.

)

)

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. This action is brought under the Freedom of Information Act (FOIA), 5 U.S.C.

§ 552, to compel Immigration and Customs Enforcement (ICE) to produce records responsive to

twenty-four FOIA requests for records concerning “Operation Mega” or related operations.

JURISDICTION AND VENUE

2. This Court has jurisdiction under 28 U.S.C. § 1331 and 5 U.S.C. § 552(a)(4)(B).

Venue is proper under 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e).

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 2 of 9
PARTIES 3. Plaintiff National Immigration Project of the National Lawyers Guild is a nonprofit membership organization of immigration attorneys, legal workers, grassroots advocates, and others working to defend immigrants’ rights and to secure a fair administration of immigration and nationality laws. 4. Plaintiff Mijente Support Committee is a national organization that coordinates and organizes with its members in several states to address issues relating to immigration enforcement and Latinx political participation.1 Founded by community organizers, its focus is on developing and sparking social change with respect to immigration and other social justice issues in the Latinx community and beyond. 5. Plaintiff Detention Watch Network (DWN) is a coalition of approximately 200 organizations and individuals working against the injustices of the immigration detention and deportation systems. DWN members are community organizers, advocates, social workers, lawyers, doctors, artists, clergy, students, formerly detained immigrants, and affected families from around the country. They are engaged in individual case and impact litigation, documenting conditions violations, local and national administrative and legislative advocacy, community organizing and mobilizing, teaching, and social service. 6. Defendant ICE is an agency of the federal government of the United States and has possession of and control over the records plaintiffs seek.
STATEMENT OF FACTS Operation Mega
7. On or about September 7, 2017, news outlets reported that ICE planned to execute 1 Latinx is a gender-neutral term used in place of Latina or Latino.
2

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 3 of 9
a mass immigration enforcement operation called “Operation Mega” to apprehend noncitizens in mid-September 2017. News reports indicated various alternative names for the operation, such as “Operation Epic.”
8. News reports indicated ICE intended “Operation Mega” to be implemented nationwide and to target several thousand noncitizens.
9. Also on September 7, 2017, ICE issued a press release stating that “Due to the current weather situation in Florida and other potentially impacted areas, along with the ongoing recovery in Texas, [ICE] had already reviewed all upcoming operations and has adjusted accordingly. There is currently no coordinated nationwide operation planned at this time.” Plaintiffs’ FOIA Requests
10. On September 12, 2017, plaintiffs—along with other requesters—submitted twenty FOIA requests to ICE field offices in Atlanta, GA; Baltimore, MD; Boston, MA; Buffalo, NY; Chicago, IL; Dallas, TX; Denver, CO; El Paso, TX; Houston, TX; Los Angeles, CA; Miami, FL; Newark, NJ; New Orleans, LA; New York, NY; Philadelphia, PA; Phoenix, AZ; San Antonio, TX; Seattle, WA; San Francisco, CA; and Fairfax, VA, seeking disclosure of records concerning “Operation Mega or related operations.” These twenty FOIA requests were identical, save that each contained a subpart that specifically related to the particular field office receiving the FOIA request.
11. On September 13, 2017, plaintiffs—along with other requesters—submitted two FOIA requests to ICE field offices in St. Paul, Minnesota, and Salt Lake City, Utah, seeking disclosure of records concerning “Operation Mega or related operations.” These two FOIA requests were identical to those submitted on September 12, save that each contained a subpart that specifically related to the particular field office receiving the FOIA request.
3

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 4 of 9
12. On September 14, 2017, plaintiffs—along with other requesters—submitted two FOIA requests to ICE field offices in San Diego, California, and Detroit, Michigan, seeking disclosure of records concerning “Operation Mega or related operations.” These two FOIA requests were identical to those submitted on September 12 and 13, save that each contained a subpart that specifically related to the particular field office receiving the FOIA request.
13. Plaintiffs were joined on several of their FOIA requests by other individuals and organizations whose work focuses primarily on the geographic area covered by each respective field office, including as follows:
 Atlanta, GA FOIA Request: Kevin Caron, Roberto Tijerina, Mary Hooks, Adelina Nichols, Emery Wright, Stephanie Guilloud, Georgia Latino Alliance for Human Rights (GLAHR), Georgia Detention Watch (GDW), Southerners on New Ground (SONG) and Project South;
 Baltimore, MD FOIA Request: CASA Baltimore, Asian Americans Advancing Justice, and UndocuBlack Network;
 Boston, MA FOIA Request: Jacquelyn Lemus, Gillian Mason, Vanessa Aguirreche Snow, Katherine Asuncion, Chrystel Murrieta, Monique Nguyen, Student Immigrant Movement, and Matahari Women Workers’ Center;
 Chicago, IL FOIA Request: Barbara Suarez, Rosa María Navarro, Diana Lozano, Sara John, Inter-Faith Committee on Latin America (IFCLA), and Organized Communities Against Deportation (OCAD);
 Denver, CO FOIA Request: Jordan Garcia, Sophia Clark, Caitlin Trent, Gabriela Flora, Pamela Resendiz Trujano, and American Friends Service Committee;
 El Paso, TX FOIA Request: Detained Migrant Solidarity Committee, Beckett Law Firm
4

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 5 of 9
PC, Catholic Charities of Southern New Mexico, Hope Border Institute, the Law Offices of Carlos Spector, Lourdes Ortiz, Alan Dicker, and Sarah Rosen;  Fairfax, VA FOIA Request: Katherine McCann, Kathryn Johnson, Brandon Wu, Phill Wilayto, Dustin King, Stacie Vecchietti, Jesse Franzblau, Electra Bolotas, Jennifer Clayton, Jenn Lawhorne, Sanctuary DMV, Virginia Defenders for Freedom, Justice and Equality, ICE Out of VA, The Virginia Anti-Violence Project, and SONG-Richmond, Virginia;  Houston, TX FOIA Request: Ana Macnaught, Dona Murphey, Damaris Gonzalez, and United We Dream;  Los Angeles, CA FOIA Request: Hairo Cortes Palacios, Marcela Hernandez, Jonathan Perez, Kevin Flores-Calixto, Faby Jacome, Erik Garcia, Jose Servin, Jennaya Dunlap, Julio Marroquin, Yesenia Gonzalez, Fernando Romero, Immigrant Youth Coalition, CHISPA, Orange County Immigrant Youth United, and Inland Coalition for Immigrant Justice;  New Orleans, LA FOIA Request: Chloe Sigal, Rachel Taber, Mary Yanik, Wesley Ware, Jai’ Shavers, Shaquita Griffin, Kwan Reagans, Anthony Johnson, Professor Bill Quigley, Cathy Carrillo, Margaret Ernst, Emily Sellers, Nashville Community Defense, the Congress of Day Laborers/Congreso de Jornalerxs, and BreakOUT;  New York, NY FOIA Request: Irene Jor, Families for Freedom, Desis Rising Up and Moving (DRUM), Queer Detainee Empower Project (QDEP), and We Belong Together;  Philadelphia, PA FOIA Request: Erika Almiron, Councilwoman Maria QuiñonesSánchez, Candace McKinley, Jasmine Rivera, Peter Pedemonti, Troy Turner, Abel Rodriguez, Maria Sotomayor, Juntos, Asian Americans United, Black Lives Matter
5

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 6 of 9
Philadelphia, CASA, Casa San Jose, Casa Dominicana de Hazleton, Caucus of Working Educators, Center on Immigration at Cabrini University, Decarcerate PA, Free Migration Project, GALAEI, Global Women’s Strike, Grupo de Apoyo e Integración Hispanoamericano, Make the Road PA, New Sanctuary Movement of Philadelphia, Payday Men’s Network, Philadelphia Red Umbrella Alliance, Philadelphia Federation of Teachers, Philadelphia Student Union, Pennsylvania Immigrant & Citizenship Coalition (PICC), Philadelphia Organized to Witness, Empower & Rebuild (POWER), Reclaim Philadelphia, Unitarian Universalist Pennsylvania Legislative Advocacy Network (UUPLAN), UNITE HERE Local 274, Up Against The Law, Vietlead, Women of Color In The Global Women’s Strike, and Youth Art & Self-Empowerment Project (YASP);  Phoenix, AZ FOIA Request: Center for Neighborhood Leadership, NeighborLUCHA, Neighborhood Ministries, and the Puente Human Rights Movement;  Salt Lake City, UT FOIA Request: Montana Human Rights Network (MHRN) and Montana Immigrant Justice Alliance (MIJA);  San Antonio, TX FOIA Request: Robert Libal, Alejandro Caceres, Cristina Parker, Claudia Muñoz, Manoj Govindaiah, Amy Fischer, Barbie Hurtado, Jonathan Ryan, Grassroots Leadership, and RAICES;  San Diego, CA FOIA Request: Roberto Corona and Pueblo Sin Fronteras;  San Francisco, CA FOIA Request: Pangea Legal Services, Causa Justa Just Cause, Mujeres Unidas Y Activas, and California Immigrant Youth Justice Alliance (CIYJA);  Seattle, WA FOIA Request: Rosalinda Guillen, Maria Eugenia Mora Villalpando, Wendy Pantoja, Angélica Cházaro Luna, Community to Community Development (C2C), and Northwest Detention Center Resistance (NWDC Resistance);
6

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 7 of 9
 St. Paul, MN FOIA Request: Katrina Dixon Mariategue, Minneapolis Ward 9 Council Member Alondra Cano, De León and Nestor Attorneys at Law, Mary Turk, Navigate MN, SEIU Local 26, Release MN8, Voices for Racial Justice, ISAIAH, Advocates of Human Rights, Southeast Asia Resource Action Center (SEARAC), Minnesota Immigrant Rights Action Committee, Showing Up for Racial Justice MN, ACER, Communication Workers of America MN State Council, and Jewish Community Action. 14. By email dated September 13, 2017, ICE acknowledged receipt of the FOIA
requests for nineteen of the field offices—all of those submitted on September 12 and 13 except for Houston, San Antonio, and Salt Lake City—and informed plaintiffs that ICE “determined that [plaintiffs’] request is too broad in scope, did not specifically identify the records which [plaintiffs] are seeking, or only posed questions to the agency.” ICE indicated that plaintiffs should “resubmit [their] request containing a reasonable description of the records [they] are seeking,” and that ICE would consider plaintiffs to be “no longer interested” and would “administratively close” plaintiffs’ requests if ICE did not receive a response from them within 10 days of the date of the email.
15. By letter sent September 22, 2017, plaintiffs responded to ICE’s September 13, 2017, email and informed ICE that plaintiffs remained interested in their FOIA requests and that ICE should not administratively close their requests. Plaintiffs further explained that the requests, as written, contained a reasonable description of the records requested, and they requested that ICE immediately process the requests.
16. By letter dated October 16, 2017, plaintiffs clarified that, based on newly released information from ICE regarding an immigration operation named “Operation Safe City,” the records requested encompassed those concerning “Operation Safe City.”
7

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 8 of 9

17. To date, plaintiffs have not received any additional communications from ICE

regarding their FOIA requests.

18. More than twenty working days have passed since ICE received the FOIA

requests, and ICE has not responded to any of the FOIA requests.

CAUSE OF ACTION (FOIA – Failure to Disclose Responsive Records)

19. Plaintiffs have exhausted all administrative remedies with respect to their FOIA

requests for records regarding “Operation Mega” or related operations under 5 U.S.C.

§ 552(a)(6)(C)(i).

20. Plaintiffs have a statutory right under FOIA, 5 U.S.C. § 552(a)(3)(A), to the

records they requested, and there is no legal basis for ICE’s failure to disclose them.

PRAYER FOR RELIEF

WHEREFORE, plaintiffs request that this Court:

(1) Declare that ICE’s withholding of the requested records is unlawful;

(2) Order ICE to make the requested records available to plaintiffs;

(3) Award plaintiffs their costs and reasonable attorneys’ fees pursuant to 5 U.S.C.

§ 552(a)(4)(E); and

(4) Grant such other and further relief as this Court may deem just and proper.

Dated: November 13, 2017

Respectfully submitted,

/s/ Patrick D. Llewellyn Patrick D. Llewellyn (DC Bar No. 1033296) Michael T. Kirkpatrick (DC Bar No. 486293) Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 (202) 588-1000

8

Case 1:17-cv-02448 Document 1 Filed 11/13/17 Page 9 of 9 Paromita Shah* (MA Bar No. 641608) Sejal Zota* (NC Bar No. 36535) National Immigration Project of the National Lawyers Guild 14 Beacon Street, Suite 602 Boston, MA 02108 (617) 227-9727 *Applications for pro hac vice admission forthcoming Attorneys for Plaintiffs
9

Case 1:17-cv-02448 Document 1-2 Filed 11/13/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
_______D_i_s_triDctisotfriCctoolufm__b_ia_______

National Immigration Project of the National Lawyers Guild; Mijente Support Committee; Detention Watch
Network
Plaintiff(s)
v. Immigration and Customs Enforcement
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-cv-2448

)

)

)

)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Immigration and Customs Enforcement 500 12th Street SW Washington, DC 20536

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Patrick D. Llewellyn
Michael T. Kirkpatrick Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 1:17-cv-02448 Document 1-2 Filed 11/13/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-cv-2448

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

’ I personally served the summons on the individual at (place)

on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

’ I returned the summons unexecuted because

; or

’ Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Print

Save As...

Reset

Case 1:17-cv-02448 Document 1-3 Filed 11/13/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
_______D_i_s_triDctisotfriCctoolufm__b_ia_______

National Immigration Project of the National Lawyers Guild; Mijente Support Committee; Detention Watch
Network
Plaintiff(s)
v. Immigration and Customs Enforcement
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-cv-2448

)

)

)

)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Attorney General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Patrick D. Llewellyn
Michael T. Kirkpatrick Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 1:17-cv-02448 Document 1-3 Filed 11/13/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-cv-2448

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

’ I personally served the summons on the individual at (place)

on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

’ I returned the summons unexecuted because

; or

’ Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Print

Save As...

Reset

Case 1:17-cv-02448 Document 1-4 Filed 11/13/17 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
_______D_i_s_triDctisotfriCctoolufm__b_ia_______

National Immigration Project of the National Lawyers Guild; Mijente Support Committee; Detention Watch
Network
Plaintiff(s)
v. Immigration and Customs Enforcement
Defendant(s)

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Civil Action No. 17-cv-2448

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SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) United States Attorney's Office 555 4th Street NW Washington, DC 20530

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Patrick D. Llewellyn
Michael T. Kirkpatrick Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 1:17-cv-02448 Document 1-4 Filed 11/13/17 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-cv-2448

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

’ I personally served the summons on the individual at (place)

on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

’ I returned the summons unexecuted because

; or

’ Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

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 Case 1:17-cv-02448-APM Document 13 Filed 01/08/18 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

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NATIONAL IMMIGRATION PROJECT

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OF THE NATIONAL LAWYERS GUILD,

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MIJENTE SUPPORT COMMITTEE

)

)

and

)

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DETENTION WATCH NETWORK

)

Civil Action No. 17-cv-2448 (APM)

)

Plaintiffs, )

)

v.

)

)

IMMIGRATION AND CUSTOMS

)

ENFORCEMENT

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Defendant. )

__________________________________________ )

JOINT STATUS REPORT

Pursuant to the Court’s order dated December 18, 2017, the parties, by and through

undersigned counsel, respectfully submit the following status report.

1. This is an action under the Freedom of Information Act (“FOIA”) involving twenty-

four FOIA requests submitted to Defendant U.S. Immigration and Customs Enforcement (“ICE”

or the “Defendant”). As described in the Complaint, the requests seek records related to

“Operation Mega or related operations” (Compl. ¶ 12) and Plaintiff subsequently requested that

the requests be interpreted to encompass “Operation Safe City.” (Compl. ¶ 16) Although ICE

does not consider “Operation Safe City” to be an operation “related” to “Operation Mega,” ICE

is including “Operation Safe City” within the search it is conducting in the interest of minimizing

issues to be litigated.

1

Case 1:17-cv-02448-APM Document 13 Filed 01/08/18 Page 2 of 3
2. Defendant reports as follows. Responding to the FOIA requests involves a search of numerous offices within ICE, including 40 field offices. That search is not yet completed and, to date, ICE has identified approximately 3,400 potentially responsive documents. ICE anticipates that this number will increase once the search is completed but, at this time, does not have an estimate as to the total number of potentially responsive documents that will be located. ICE expects to complete the search within the next 30 days and expects to be in a position to provide an estimate of the total number of potentially responsive pages in the next status report.
3. At this time, ICE expects to be in a position to produce the first 500 responsive pages by February 20, 2018. Once ICE completes the search and provides an estimated total number of responsive pages to Plaintiffs, the parties will confer regarding an appropriate production schedule for subsequent rolling monthly productions. The parties will confer as rolling productions are made to attempt to narrow the request and/or prioritize the production to the extent feasible.
4. Defendant does not anticipate at this time the need to file a motion for an Open America stay.
5. In light of the above, the parties propose that they provide a further status report to the Court on or before March 6, 2018, and that the Court defer setting a briefing schedule at this time.
6. Plaintiffs propose that the following deadlines be included in an order entered by the Court: (a) Defendant shall produce at least the first 500 responsive pages to Plaintiffs by February 20, 2018; (b) Defendant shall disclose to Plaintiffs the estimated total number of potentially responsive pages as soon as feasible but at least prior to March 6, 2018; (c) the parties shall file a further joint status report by March 6, 2018, and shall include in their joint status
2

Case 1:17-cv-02448-APM Document 13 Filed 01/08/18 Page 3 of 3

report a proposed production schedule. Defendant does not agree that these deadlines should be included in an order of the Court, except the deadline for the parties to provide a further joint status report by March 6, 2018.

Respectfully submitted,

JESSIE K. LIU, D.C. Bar #472845 United States Attorney

DANIEL F. VAN HORN, D.C. BAR # 924092 Civil Chief

By:

/s/

JEREMY S. SIMON, D.C. BAR #447956

Assistant United States Attorney

555 4th Street, N.W.

Washington, D.C. 20530

(202) 252-2528

Jeremy.simon@usdoj.gov

Counsel for Defendant

AND

/s/ Patrick D. Llewellyn Patrick D. Llewellyn (D.C. Bar No. 1033296) Michael T. Kirkpatrick (D.C. Bar No. 486293) Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 (202) 588-7727 pllewellyn@citizen.org
Paromita Shah* Sejal Zota* National Immigration Project of the National Lawyers Guild 14 Beacon Street, Suite 602 Boston, MA 02108 (617) 227-9727
*Admitted pro hac vice
Counsel for Plaintiffs
3

 
 Case 1:17-cv-02448-APM Document 14 Filed 03/06/18 Page 1 of 4

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

)

NATIONAL IMMIGRATION PROJECT

)

OF THE NATIONAL LAWYERS GUILD,

)

)

MIJENTE SUPPORT COMMITTEE

)

)

and

)

)

DETENTION WATCH NETWORK

)

Civil Action No. 17-cv-2448 (APM)

)

Plaintiffs, )

)

v.

)

)

IMMIGRATION AND CUSTOMS

)

ENFORCEMENT

)

Defendant. )

__________________________________________ )

JOINT STATUS REPORT

Pursuant to the Court’s order dated January 9, 2018, the parties, by and through

undersigned counsel, respectfully submit the following status report.

1. As stated more fully in the prior status report, this is an action under the Freedom of

Information Act (“FOIA”) involving twenty-four FOIA requests submitted to Defendant U.S.

Immigration and Customs Enforcement (“ICE” or the “Defendant”) concerning “Operation

Mega or related operations.” (Compl. ¶ 12).

2. ICE states that it has collected approximately 8,700 potentially responsive documents

from numerous offices within ICE, including approximately 50 field offices.1 To date, the total

number of pages collected totals approximately 257,000, and ICE states that it is presently

1

In the prior status report, ICE stated that “[r]esponding to the FOIA requests

involves a search of numerous offices within ICE, including 40 field offices.” The reference to

“40 field offices” in that report should have been to approximately “50 field offices.”

1

Case 1:17-cv-02448-APM Document 14 Filed 03/06/18 Page 2 of 4
confirming that its collection of potentially responsive documents from its 24 Enforcement Removal Operation (“ERO”) field offices is complete.
3. The parties have conferred in an effort to narrow the number of pages to be processed and have agreed that ICE will apply the following search terms to the 257,000 pages collected (as well as any additional pages that might be collected as ICE confirms the completeness of its collection from ERO field offices) to further narrow the number of potentially responsive pages to be processed: “Target List” OR “Mayor” OR “Police Department” OR “State Police” OR “County Police” OR “City Council” OR “County Commissioner” OR “National Fugitive Operations Program” OR “Target Operations Division” OR “Operation Mega” OR “Operation MAGA” OR “Operation Cross Check” OR “Operation Epic” OR “Cross Check VII” OR “Operation Omega” OR “Operation Safe City.” Plaintiff agrees that the use of these search terms as a filter applied against the total number of pages collected constitutes an adequate search of the total pages collected and a reasonable means of identifying potentially responsive documents for processing. Plaintiff, however, continues to reserve the right to challenge the adequacy of ICE’s search regarding the collection of the 257,000 pages of records in the first instance.
4. Pursuant to the Court’s order dated January 9, 2018, ICE produced 510 responsive pages on February 20, 2018. Following that production, the parties have conferred over the rate of processing going forward.
5. ICE estimates that the application of the search terms described above will reduce the number of potentially responsive pages to be processed from approximately 257,000 pages to approximately 26,850 pages. The parties agree that ICE will process approximately 500 pages this month and will release the non-exempt, responsive portions of those documents on or before
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Case 1:17-cv-02448-APM Document 14 Filed 03/06/18 Page 3 of 4

March 20, 2018. The parties further agree that, following ICE’s production in March 2018, ICE will begin processing records at the rate of 1,000 pages per month and will produce the nonexempt, responsive portion of those documents approximately every 30 days, beginning with a production on or before April 20, 2018.
6. In light of the above, the parties propose that they provide a further status report to the Court on or before May 2, 2018, and that the Court defer setting a briefing schedule at this time.

Respectfully submitted,

JESSIE K. LIU, D.C. Bar #472845 United States Attorney

DANIEL F. VAN HORN, D.C. BAR # 924092 Civil Chief

By:

/s/

JEREMY S. SIMON, D.C. BAR #447956

Assistant United States Attorney

555 4th Street, N.W.

Washington, D.C. 20530

(202) 252-2528

Jeremy.simon@usdoj.gov

Counsel for Defendant

AND

_______/s/_____________ Patrick D. Llewellyn (D.C. Bar No. 1033296) Michael T. Kirkpatrick (D.C. Bar No. 486293) Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 (202) 588-7727 pllewellyn@citizen.org
Paromita Shah* Sejal Zota*
3

Case 1:17-cv-02448-APM Document 14 Filed 03/06/18 Page 4 of 4 National Immigration Project of the National Lawyers Guild 14 Beacon Street, Suite 602 Boston, MA 02108 (617) 227-9727 *Admitted pro hac vice Counsel for Plaintiffs
4