U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:18−cv−00375−RC

TYPE I−FOIA

DEMOCRACY FORWARD FOUNDATION v. DEPARTMENT OF HOMELAND SECURITY Assigned to: Judge Rudolph Contreras Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 02/20/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

DEMOCRACY FORWARD FOUNDATION

represented by Benjamin M. Seel DEMOCRACY FORWARD FOUNDATION P.O. Box 34553 Washington, DC 20043 (202) 701−1793 Email: bseel@democracyforward.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Javier M. Guzman DEMOCRACY FORWARD FOUNDATION P.O. Box 34553 Washington, DC 20043 (202) 448−9090 Email: jguzman@democracyforward.org TERMINATED: 11/26/2019

V.
Defendant
U.S. DEPARTMENT OF HOMELAND SECURITY

represented by Paul Cirino U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2529 Fax: (202) 252−2599 Email: paul.cirino@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua M. Kolsky U.S. ATTORNEY'S OFFICE FOR THE DISTRICT OF COLUMBIA 555 Fourth Street, NW Washington, DC 20530 (202) 252−2541 Fax: (202) 252−2599 Email: joshua.kolsky@usdoj.gov TERMINATED: 12/17/2018

Date Filed 02/20/2018

# Docket Text
1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090−5338164) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Guzman, Javier) (Entered: 02/20/2018)

02/20/2018 02/20/2018 02/20/2018 02/26/2018
03/26/2018 03/26/2018 03/28/2018 04/11/2018 04/12/2018
04/13/2018 04/26/2018 05/15/2018 05/16/2018
05/22/2018 06/25/2018 08/24/2018 10/23/2018 12/17/2018 12/24/2018

2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (Guzman, Javier) (Entered: 02/20/2018)
Case Assigned to Judge Rudolph Contreras. (jd) (Entered: 02/20/2018)
3 SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(jd) (Entered: 02/20/2018)
4 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 2/22/2018, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/23/2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/23/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 3/25/2018.) (Attachments: # 1 Declaration)(Guzman, Javier) (Entered: 02/26/2018)
5 NOTICE of Appearance by Joshua M. Kolsky on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY (Kolsky, Joshua) (Entered: 03/26/2018)
6 ANSWER to 1 Complaint by U.S. DEPARTMENT OF HOMELAND SECURITY.(Kolsky, Joshua) Modified to add link on 3/27/2018 (znmw). (Entered: 03/26/2018)
MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and submit a proposed briefing schedule on or before April 11, 2018. SO ORDERED. Signed by Judge Rudolph Contreras on 3/28/2018. (lcrc3) (Entered: 03/28/2018)
7 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 04/11/2018)
MINUTE ORDER: Upon consideration of 7 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on April 27, 2018 describing the status of Defendant's searches. SO ORDERED. Signed by Judge Rudolph Contreras on 4/12/2018. (lcrc3) (Entered: 04/12/2018)
Set/Reset Deadlines: Status Report due by 4/27/2018 (tj) (Entered: 04/13/2018)
8 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 04/26/2018)
9 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 05/15/2018)
MINUTE ORDER: Upon consideration of the 9 the parties' joint status report, it is hereby ORDERED that the parties shall submit another joint status report on June 25, 2018, and every 60 days thereafter until the government's production is complete. It is FURTHER ORDERED that the parties shall submit a proposed briefing schedule within 30 days after the government's final production. SO ORDERED. Signed by Judge Rudolph Contreras on May 16, 2018. (lcrc3) (Entered: 05/16/2018)
Set/Reset Deadlines: Status Report due by 6/25/2018. (tj) (Entered: 05/22/2018)
10 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 06/25/2018)
11 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 08/24/2018)
12 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Kolsky, Joshua) (Entered: 10/23/2018)
13 NOTICE OF SUBSTITUTION OF COUNSEL by Paul Cirino on behalf of U.S. DEPARTMENT OF HOMELAND SECURITY Substituting for attorney Joshua M. Kolsky (Cirino, Paul) (Entered: 12/17/2018)
14 Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (Grogg, Adam) (Entered: 12/24/2018)

02/22/2019 03/21/2019 03/21/2019
03/22/2019 04/04/2019 04/04/2019
04/05/2019 04/18/2019 04/18/2019
04/24/2019 05/17/2019 05/17/2019
05/21/2019 07/01/2019 07/01/2019
07/15/2019 07/15/2019
08/08/2019 09/13/2019 11/15/2019 11/26/2019

15 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 02/22/2019)
16 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 03/21/2019)
MINUTE ORDER: Upon consideration of 16 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 4, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on March 21, 2019. (lcrc3). Modified on 3/21/2019. (lcrc3) (Entered: 03/21/2019)
Set/Reset Deadlines: Status Report due by 4/4/2019 (tj) (Entered: 03/22/2019)
17 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/04/2019)
MINUTE ORDER: Upon consideration of 17 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on April 18, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 4, 2019. (lcrc3) (Entered: 04/04/2019)
Set/Reset Deadlines: Status Report due by 4/18/2019 (tj) (Entered: 04/05/2019)
18 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/18/2019)
MINUTE ORDER: Upon consideration of 18 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report on May 17, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on April 18, 2019. (lcrc3) (Entered: 04/18/2019)
Set/Reset Deadlines: Status Report due by 5/17/2019. (tj) (Entered: 04/24/2019)
19 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 05/17/2019)
MINUTE ORDER granting 19 Joint Status Report and Proposed Schedule: It is hereby ORDERED that the parties shall submit a further Joint Status Report on or before July 1, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on May 17, 2019. (lcrc3) (Entered: 05/17/2019)
Set/Reset Deadlines: Status Report due by 7/1/2019 (tj) (Entered: 05/21/2019)
20 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 07/01/2019)
MINUTE ORDER: Upon consideration of 20 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before July 15, 2019. SO ORDERED. Signed by Judge Rudolph Contreras on July 1, 2019. (lcrc3) (Entered: 07/01/2019)
21 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 07/15/2019)
MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report every 60 days informing the court of the status of this case. SO ORDERED. Signed by Judge Rudolph Contreras on July 15, 2019. (lcrc3) (Entered: 07/15/2019)
22 NOTICE of Appearance by Benjamin M. Seel on behalf of DEMOCRACY FORWARD FOUNDATION (Seel, Benjamin) (Entered: 08/08/2019)
23 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 09/13/2019)
24 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 11/15/2019)
25 NOTICE OF WITHDRAWAL OF APPEARANCE as to DEMOCRACY FORWARD FOUNDATION. Attorney Javier M. Guzman terminated. (Guzman, Javier) (Entered:

01/14/2020 03/16/2020 04/17/2020 04/17/2020
04/17/2020

11/26/2019)
26 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 01/14/2020)
27 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 03/16/2020)
28 Joint STATUS REPORT by U.S. DEPARTMENT OF HOMELAND SECURITY. (Cirino, Paul) (Entered: 04/17/2020)
MINUTE ORDER: Upon consideration of 28 the parties' Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report on or before June 16, 2020. SO ORDERED. Signed by Judge Rudolph Contreras on 4/17/2020. (lcrc3) (Entered: 04/17/2020)
Set/Reset Deadlines: Status Report due by 6/16/2020 (tj) (Entered: 04/17/2020)

 
 Case 1:18-cv-00375-RC Document 1 Filed 02/20/18 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DEMOCRACY FORWARD FOUNDATION 1333 H St. NW Washington, DC 20005,
Plaintiff,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY
245 Murray Ln. SW Washington, DC 20528,
Defendant.

Case No. 18-cv-375

COMPLAINT 1. Plaintiff Democracy Forward Foundation brings this action against Defendant the U.S. Department of Homeland Security (“DHS”) to compel compliance with the Freedom of Information Act, 5 U.S.C. § 552 (the “FOIA”). Defendant has failed to sufficiently respond to Plaintiff’s request for communications and records that relate to DHS’s relationship with private detention corporations, including as reflected by contracts with private detention corporations for the planning, construction, operation, and maintenance of private detention facilities. 2. The records Plaintiff has requested are of significant public importance. The Administration of President Donald J. Trump has expressed its intention to aggressively detain and deport individuals who are present in the United States without lawful status. Concurrent with its plans for aggressive immigration enforcement, the Trump Administration has sought to expand its use of, and reliance upon, private detention facilities to hold those immigrants who have been detained.

Case 1:18-cv-00375-RC Document 1 Filed 02/20/18 Page 2 of 11
3. DHS’s reliance on private detention facilities raises at least two issues that are of significant public concern. First, these facilities have long faced criticism for their failure to adequately provide for the health and safety of detainees. Indeed, a majority of the members on Defendant’s own advisory council previously recommended against continued use of private detention facilities. Second, the private detention industry has provided substantial support for President Trump’s political and personal endeavors. The industry helped finance President Trump’s campaign and inaugural festivities, and it continues to patronize his business enterprises, which raises concerns about whether Defendant’s decision to increase its reliance on private detention corporations has been influenced by the private prison corporations that are the President’s benefactors.
4. Plaintiff submitted a FOIA request to DHS in order to examine, and educate the public about, significant questions concerning DHS’s contracts with private detention corporations. DHS has failed to sufficiently respond to Plaintiff’s request. Plaintiff therefore respectfully requests that the Court compel Defendant to comply with the FOIA.
JURISDICTION AND VENUE 5. This Court has jurisdiction over this action pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331. 6. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e)(1).
PARTIES 7. Plaintiff Democracy Forward Foundation is a not-for-profit organization incorporated under the laws of the District of Columbia, and based in Washington, D.C. Plaintiff
2

Case 1:18-cv-00375-RC Document 1 Filed 02/20/18 Page 3 of 11
works to promote transparency and accountability in government, in part, by educating the public on government actions and policies.
8. Defendant DHS is a federal agency within the meaning of FOIA, see 5 U.S.C. § 552(f)(1), that is headquartered in Washington, D.C. Defendant has possession, custody, and control of records to which Plaintiff seeks access.
FACTUAL ALLEGATIONS 9. In August 2016, then-Secretary of DHS Jeh Johnson asked the Homeland Security Advisory Council (“HSAC”) to study DHS’s use of private detention facilities, and to make a recommendation about whether DHS should continue using private detention centers.1 The December 2016 report containing HSAC’s recommendation, which was prepared by a six member sub-committee of the 30-member Council, concluded that logistical concerns suggested “that DHS’s use of private for-profit detention will continue,” but that such “continuation should come with improved and expanded [U.S. Immigration & Customs Enforcement (“ICE”)] oversight[.]” HSAC Subcommittee Report at 2. However, that recommendation was opposed by a clear majority of the Council’s members, which “dissent[ed] from the conclusion that reliance on private prisons should, or inevitably must, continue.” Id. at 11 n.14; see also id. at 2 n.3 (“Footnote 14 was endorsed by a majority of the HSAC voting to accept the subcommittee report.”).
1 Homeland Sec. Advisory Council, Report of the Subcommittee on Privatized Immigration Detention Facilities at 1 (Dec. 1, 2016) (“HSAC Subcommittee Report”), https://www.dhs.gov/ sites/default/files/publications/DHS%20HSAC%20PIDF%20Final%20Report.pdf.
3

Case 1:18-cv-00375-RC Document 1 Filed 02/20/18 Page 4 of 11
10. President Trump issued an Executive Order on January 25, 2017, calling for DHS
to “immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.”2
11. To date, DHS has given no indication of how, or if, it plans to address the
detainee health and safety issues, including deaths and sexual abuse, that have proven to be endemic to private detention facilities.3 Quite the opposite, DHS has reportedly sought to
remove certain baseline detainee health and safety standards from detention cooperation agreements with local jails that hold detainees on behalf of ICE.4 DHS has not made clear
whether it has sought, or will seek, to use the procurement process for private detention facilities
to similarly alter or amend detention health and safety standards.
12. Despite the lack of clarity on these issues, DHS is moving forward with plans to aggressively expand the use of private detention facilities, 5 and has already begun awarding contracts for the construction and operation of private detention facilities.6
2 Exec. Order No. 13,767, 82 Fed. Reg. 8,793 (Jan. 25, 2017). 3 See, e.g., Madison Pauly, In 3 Months, 3 Immigrants Have Died at a Private Detention Center in California, MotherJones (Jun. 2, 2017), https://www.motherjones.com/politics/2017/06/ adelanto-death-immigration-detention-geo/ (reporting on health and safety issues with GEO Group owned detention facilities); Safia Samee Ali, Sexual Assaults in Immigration Detention Centers Rarely Get Investigated, Group Charges, NBC News (Apr. 12, 2017), https://www. nbcnews.com/news/us-news/sexual-assaults-immigration-detention-centers-don-t-getinvestigated-says-n745616 (reporting that “[o]f the 76 detention centers where sexual assault was documented, the top five with the most complaints are run by private detention centers”). 4 See Caitlin Dickerson, Trump Plan Would Curtail Protections for Detained Immigrants, N.Y. Times (Apr. 13, 2017), https://www.nytimes.com/2017/04/13/us/detained-immigrants-may-faceharsher-conditions-under-trump.html. 5 See, e.g., Alan Gomez, Trump Plans Massive Increase in Federal Immigration Jails, USA Today (Oct. 17, 2017), https://www.usatoday.com/story/news/world/2017/10/17/trump-plansmassive-increase-federal-immigration-jails/771414001/ (reporting on ICE’s effort “to identify privately-run jail sites in Chicago, Detroit, St. Paul, Salt Lake City and southern Texas”); John Burnett, Big Money As Private Immigrant Jails Boom, NPR (Nov. 21, 2017), https://www.npr. org/2017/11/21/565318778/big-money-as-private-immigrant-jails-boom (“In recent months,
4

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President Trump’s Support From and For Private Detention Corporations
13. Private detention corporations have financially supported President Trump’s
political and private interests in a number of ways.
14. A subsidiary of the GEO Group, one of the largest private prison corporations,
contributed more than $200,000 to a political action committee that supported President Trump’s candidacy.7
15. The GEO Group donated another $250,000 to help finance President Trump’s inaugural festivities.8
16. In April 2017, the GEO Group, a publicly-held private detention corporation, was
awarded a $110-million contract to build and operate an immigration detention facility in Conroe, Texas.9
[ICE] has called for five new detention facilities to be built and operated by private prison corporations across the country.”). 6 See Press Release, GEO Grp., Inc., The GEO Group Awarded Contract for the Development and Operation of a New Company-Owned 1,000-Bed Detention Facility in Texas (Apr. 13, 2017), http://investors.geogroup.com/file/Index?KeyFile=2000088787; Meredith Hoffman, Texas Getting First Immigrant Center Built Under Trump, Associated Press (Apr. 14, 2017), https://apnews.com/b70c0d6c21384140bdd8158215cb2130/texas-getting-first-immigrantlockup-built-under-trump. 7 See Amy Brittain & Drew Harwell, Private-prison Giant, Resurgent in Trump Era, Gathers at President’s Resort, Wash. Post (Oct. 25, 2017), https://www.washingtonpost.com/politics/withbusiness-booming-under-trump-private-prison-giant-gathers-at-presidents-resort/2017/10/25/ b281d32c-adee-11e7-a908-a3470754bbb9_story.html; see also Letter from Campaign Legal Center to Fed. Election Comm’n (Dec. 20, 2016), http://www.campaignlegalcenter.org/ document/letter-trump-super-pac-received-illegal-donations-private-prison-company (describing a $250,000 contribution made by GEO Corrections Holdings, Inc. to Rebuilding America Now, a Super PAC that supported President Trump’s candidacy). 8 See Brittain & Harwell, supra note 7. 9 See Press Release, supra note 6; see also Hoffman, supra note 6.
5

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17. More recently, the GEO Group moved its annual conference to the Trump National Doral Golf Club.10 The GEO Group’s decision has been described as “an apparent ongoing effort to align more closely with President Trump.”11
18. Private detention corporations stand to benefit tremendously from an increased reliance on private detention centers by the Trump Administration, which also favors tougher immigration enforcement that will increase the need for bed space in detention centers.12
The Need for the Requested Records 19. DHS’s decision to aggressively pursue individuals living in the United States without lawful immigration status, and to rely on private detention facilities to house those whom it detains, has sparked significant public interest.13 But DHS has failed to publicly state how, or even whether, it will address the issues of detainee health and safety that have long plagued private detention facilities. 20. Moreover, in light of the financial support provided by private detention corporations to President Trump, as well as the GEO Group’s recent decision to patronize one of President Trump’s resort properties, there is additional interest in better understanding Defendant’s future plans for its relationship with private detention corporations, including what oversight requirements, if any, will be implemented through contract.
10 See Brittain & Harwell, supra note 7; see also Avery Anapol, Private Prison Company Moves Annual Conference to Trump Golf Course, The Hill (Oct. 26, 2017), http://thehill.com/homenews/ administration/357282-private-prison-company-moves-annual-conference-to-trump-golf-course. 11 Anapol, supra note 10. 12 Eli Watkins & Sophie Tatum, Private Prison Industry Sees Boon Under Trump Administration, CNN (Aug. 18, 2017), http://www.cnn.com/2017/08/18/politics/private-prisondepartment-of-justice/index.html. 13 See, e.g., Gomez, supra note 5; Burnett, supra note 5.
6

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21. The timely need for this information is particularly apparent in light of the
ongoing immigration debate. No national discussion of immigration reform can be complete
without an understanding of DHS’s expectations for detention facility need, and the role that
private detention corporations will play moving forward.
Plaintiff’s FOIA Request
22. To understand and explain to the public the nature of DHS’s relationship with
private detention corporations, including as reflected through contracts with private detention
corporations for the planning, construction, operation, and maintenance of private detention
facilities, and the ways in which the existing relationship between private detention corporations
and the Trump Administration might affect federal immigration policy, Plaintiff submitted the
following requests for records to DHS on May 18, 2017:
(1) All records that refer or relate to: procurement of services for the planning, construction, operation, or maintenance of private detention or immigration-detention centers and/or facilities, or by private detention center and/or facility companies.
(2) Copies of all contracts entered into on or after January 20, 2017, or amendments to existing contracts made on or after January 20, 2017, related to services rendered for private detention centers and/or facilities, or by private detention center and/or facility companies.
(3) All records that: (i) Contain any of the following words: “private prison,” “immigration-detention,” “Conroe,” “GEO Group,” “GEO Corrections Holdings, inc.,” “George Zoley,” “Pablo Paez,” “Core Civic,” “CoreCivic,” “David Venturella,” “Raney,” “Cyrier,” “Keough,” “MTC,” or “Management and Training Corporation”; and (ii) Are sent or received by any of the following Department of Homeland Security employees: Secretary of Homeland Security John Kelly, John Barsa, Brent Bombach, Kevin Carroll, Ben Cassidy, Kevin Chmielewski, Tiffany Cissna, Daniel Cox, Thomas Dinanno, Jon Feere, Mario Flores, Katie Gorka, Gene Hamilton, Harold Hanson, Matt Hayden, Jonathan Hoffman, Roman Jankowski, Elizabeth Johnson, James Johnson, Quinn Jones O'Brien, Julie Kirchnerm Kathy Nuebel Kovarik, Scott Krause, David Lapan, Cora Mandy, Michael McKeown, Alan Metzler, Jayne Neumann, Emily Newman, Kirstjen Nielsen, Lora Ries, Dimple Shah, Tracy Short, Craig Symons, Thomas Szold, Kaitlin Vogt, Erin Waters, Chad Wolf, or Frank Wuco.
Ex. A at 1-2 (footnote omitted).
7

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23. The record requests were limited to records created in the period from January 20, 2017 to the date DHS conducts a search for responsive records. Id. at 2.
24. Plaintiff sought a waiver of search and duplicating fees under 5 U.S.C. § 552(a)(4)(A)(iii), which requires waiver of fees if the disclosure is “in the public interest because it 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.” Ex. A at 3.
Plaintiff’s Correspondence with DHS FOIA Offices 25. Plaintiff’s request was sent initially to the DHS Privacy Office via electronic mail, which, in a letter dated May 26, 2017, acknowledged receipt and assigned Plaintiff’s request the reference number 2017-HQFO-00805. 26. In that same letter, Defendant notified Plaintiff that parts 1 and 2 of its request had been forwarded to ICE, and also inquired whether “[part] 3 of [Plaintiff’s] request . . . would be satisfied at this time if [the DHS Privacy Office] conducted a search of [its] Electronic Correspondence Tracking (ECT) system for records that may be responsive once [the Office] clarif[ied] the search terms that [Plaintiff] included.” 27. On June 1, 2017, Plaintiff responded to request that Defendant search “both emails and the ECT system” for part no. 3 of Plaintiff’s request, and that the request be forwarded to appropriate DHS sub-components, if the records responsive to Plaintiff’s request were likely to exist elsewhere. 28. On June 13, 2017, ICE acknowledged that it had received Plaintiff’s request on May 26, 2017, assigned the request ICE reference number 2017-ICFO-32206, and claimed a 10day extension.
8

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29. DHS also notified Plaintiff by letter dated June 22, 2017 that Plaintiff’s request had been forwarded in its entirety to the following DHS components: U.S. Citizens & Immigration Services (“USCIS”), Transportation Security Administration (“TSA”), Federal Emergency Management Agency (“FEMA”), and U.S. Customs & Border Protection (“CBP”).
30. As of the date of this Complaint, Defendant DHS, and numerous DHS components, have failed to notify Plaintiff whether DHS will comply with Plaintiff’s FOIA request, see 5 U.S.C. § 552(a)(6)(A)(i), or to produce all requested records or demonstrate that they are lawfully exempt from production, see id. § 552(a)(6)(C). Nor have DHS and various of its components notified Plaintiff of the scope of any responsive records DHS intends to produce or withhold and the reasons for any withholdings, or informed Plaintiff that it may appeal any adequately specific, adverse determination.
31. Because DHS has “fail[ed] to comply with the applicable time limit provisions” of the FOIA, even with the benefit of any extensions of time that DHS might have claimed, Plaintiff is “deemed to have exhausted [its] administrative remedies.” See id. § 552(a)(6)(C)(i).
CLAIM FOR RELIEF Count One (Violation of the FOIA, 5 U.S.C. § 552) 32. Plaintiff repeats and incorporates by reference the foregoing paragraphs as if fully set forth herein. 33. By failing to respond to Plaintiff’s request within the statutorily prescribed time limit, Defendant has violated its duties under the FOIA, including but not limited to its duties to conduct a reasonable search for responsive records, and to produce all responsive, reasonably segregable, non-exempt information.
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34. Plaintiff is being irreparably harmed by Defendant’s violation of the FOIA, and

Plaintiff will continue to be irreparably harmed unless Defendant is compelled to comply with

the FOIA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

1. order Defendant to conduct searches for any and all responsive records to

Plaintiff’s FOIA request and demonstrate that it employed search methods reasonably likely to

lead to the discovery of records responsive to Plaintiff’s FOIA request;

2. order Defendant to produce, by a date certain, any and all nonexempt records

responsive to Plaintiff’s FOIA request and a Vaughn index of any responsive records withheld

under a claim of exemption;

3. enjoin Defendant from continuing to withhold any and all nonexempt records

responsive to Plaintiff’s FOIA request;

4. order Defendant to grant Plaintiff’s request for a fee waiver;

5. grant Plaintiff an award of attorneys’ fees and other litigation costs reasonably

incurred in this action pursuant to 5 U.S.C. § 552(a)(4)(E); and

6. grant any other relief this Court deems appropriate.

Dated: February 20, 2018

Respectfully submitted,

/s/ Javier M. Guzman Javier M. Guzman (D.C. Bar No. 462679) Adam Grogg (N.Y. Bar)* Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090 jguzman@democracyforward.org agrogg@democracyforward.org

10

Case 1:18-cv-00375-RC Document 1 Filed 02/20/18 Page 11 of 11 *Admitted in New York; practicing under the supervision of members of the D.C. Bar while D.C. Bar application is pending. Counsel for Plaintiff
11

 
 Case 1:18-cv-00375-RC Document 8 Filed 04/26/18 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

)

DEMOCRACY FORWARD FOUNDATION, )

)

Plaintiff,

)

1:18-CV-00375 RC

)

v.

)

)

DEPARTMENT OF HOMELAND SECURITY, )

)

Defendant.

)

__________________________________________)

JOINT STATUS REPORT

Plaintiff Democracy Forward Foundation and Defendant Department of Homeland

Security (“DHS”), by and through the undersigned counsel, hereby submit this joint status

report pursuant to the Court’s April 12, 2018, Minute Order in this Freedom of Information

Act case.

Defendant reports that it is nearing completion of its searches for documents responsive

to Plaintiff’s FOIA request. The searches have been conducted or are being conducted by DHS

headquarters, Immigration and Customs Enforcement, United States Citizenship and

Immigration Services, Federal Emergency Management Agency, Transportation Security

Administration, and Customs and Border Protection. Defendant will attempt to complete its

searches by May 10, 2018, after which the parties will confer about a production schedule.

Accordingly, the parties propose that they file a further status report on May 15, 2018,

proposing a production schedule to the Court.

Respectfully submitted,

/s/ Javier M. Guzman Javier M. Guzman (D.C. Bar No. 462679) Adam Grogg (N.Y. Bar)* Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090

Case 1:18-cv-00375-RC Document 8 Filed 04/26/18 Page 2 of 2
jguzman@democracyforward.org agrogg@democracyforward.org *Admitted in New York; practicing under the supervision of members of the D.C. Bar while D.C. Bar application is pending. Counsel for Plaintiff
JESSIE K. LIU United States Attorney D.C. BAR # 472845 DANIEL F. VAN HORN Chief, Civil Division D.C. BAR # 924092 By:__________/s/_________________ JOSHUA KOLSKY D.C. BAR #993430 Assistant United States Attorney District of Columbia 555 Fourth St., N.W. Washington, D.C. 20530 Phone: (202) 252-2541 Fax: (202) 252-2599 Counsel for Defendant
2

 
 Case 1:18-cv-00375-RC Document 16 Filed 03/21/19 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

DEMOCRACY FORWARD FOUNDATION, )

)

Plaintiff,

)

)

v.

)

)

DEPARTMENT OF HOMELAND SECURITY, )

)

Defendant.

)

)

Civil Action No. 18-0375 (RC)

JOINT STATUS REPORT

Plaintiff Democracy Forward Foundation and Defendant Department of Homeland

Security, by and through the undersigned counsel, respectfully submit this Joint Status Report

in this Freedom of Information Act (“FOIA”) case.

On February 19, 2019, Defendants completed their response to Plaintiff’s request and

so advised Plaintiff on March 11, 2019. The Court’s Minute Order of May 16, 2018, required

the parties to submit a proposed briefing schedule within 30 days after the government’s final

production.

The parties have conferred and believe that it would be premature to propose a

briefing schedule at this time. Plaintiff has asked Defendant for additional information

regarding the searches that each agency component performed, as well as a Vaughn index for

Defendant’s withholdings under FOIA Exemption 5, 5 U.S.C. § 552(b)(5). Defendants are

considering Plaintiff’s request and intend to respond with a proposal within the next week.

In light of the foregoing, the parties respectfully request that they file a further Joint

Status Report on April 4, 2019.

Dated: March 21, 2019

Respectfully submitted,

/s/ Adam Grogg Adam Grogg (D.C. Bar No. 1552438) Javier M. Guzman (D.C. Bar No. 462679)

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

Case 1:18-cv-00375-RC Document 16 Filed 03/21/19 Page 2 of 2

Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090 jguzman@democracyforward.org agrogg@democracyforward.org
Attorneys for Plaintiff

DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division
/s/ Paul Cirino PAUL CIRINO Assistant United States Attorney 555 Fourth Street, N.W. Washington, D.C. 20530 Telephone: (202) 252-2529 Facsimile: (202) 252-2599 paul.cirino@usdoj.gov
Counsel for Defendant

2

 
 Case 1:18-cv-00375-RC Document 17 Filed 04/04/19 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

DEMOCRACY FORWARD FOUNDATION, )

)

Plaintiff,

)

)

v.

)

)

DEPARTMENT OF HOMELAND SECURITY, )

)

Defendant.

)

)

Civil Action No. 18-0375 (RC)

JOINT STATUS REPORT

Plaintiff Democracy Forward Foundation and Defendant Department of Homeland

Security, by and through the undersigned counsel, respectfully submit this Joint Status Report

in this Freedom of Information Act (“FOIA”) case.

As previously reported, Defendants completed their response to Plaintiff’s request.

Plaintiff has asked Defendant for additional information regarding the searches that each

agency component performed, as well as a Vaughn index for Defendant’s withholdings under

FOIA Exemption 5, 5 U.S.C. § 552(b)(5). Given the large volume of documents that this

would involve, the parties are continuing to confer regarding how to satisfy Plaintiff’s

concerns within a reasonable period of time. The parties anticipate that they will be able to

resolve the issue within the next two weeks.

In light of the foregoing, the parties respectfully request that they file a further Joint

Status Report on April 18, 2019.

Dated: April 4, 2019

Respectfully submitted,

/s/ Adam Grogg Adam Grogg (D.C. Bar No. 1552438) Javier M. Guzman (D.C. Bar No. 462679) Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090

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

Case 1:18-cv-00375-RC Document 17 Filed 04/04/19 Page 2 of 2

jguzman@democracyforward.org agrogg@democracyforward.org
Attorneys for Plaintiff

PAUL CIRINO Assistant United States Attorney 555 Fourth Street, N.W. Washington, D.C. 20530 Telephone: (202) 252-2529 Facsimile: (202) 252-2599 paul.cirino@usdoj.gov
Counsel for Defendant

2

 
 Case 1:18-cv-00375-RC Document 21 Filed 07/15/19 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

DEMOCRACY FORWARD FOUNDATION, )

)

Plaintiff,

)

)

v.

)

)

DEPARTMENT OF HOMELAND SECURITY, )

)

Defendant.

)

)

Civil Action No. 18-0375 (RC)

JOINT STATUS REPORT

Pursuant to the Court’s Minute Order of July 1, 2019, Plaintiff Democracy Forward

Foundation and Defendant Department of Homeland Security, by and through the undersigned

counsel, respectfully submit this Joint Status Report in this Freedom of Information Act case.

As previously reported, Defendant completed its response to Plaintiff’s request. U.S.

Immigration and Customs Enforcement reports that it has completed a supplemental search,

which resulted in 10,217 pages. The agency will begin producing non-exempt responsive

records on a monthly basis, at a rate of 500 pages per month, beginning on August 15, 2019.

In light of the foregoing, the parties respectfully request that they file a further Joint

Status Report on August 15, 2019.

Dated: July 15, 2019

Respectfully submitted,

/s/ Adam Grogg Adam Grogg (D.C. Bar No. 1552438) Javier M. Guzman (D.C. Bar No. 462679) Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090 jguzman@democracyforward.org agrogg@democracyforward.org

JESSIE K. LIU, DC Bar #472845 United States Attorney
DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division
/s/ Paul Cirino PAUL CIRINO Assistant United States Attorney

Case 1:18-cv-00375-RC Document 21 Filed 07/15/19 Page 2 of 2

Attorneys for Plaintiff

555 Fourth Street, N.W. Washington, D.C. 20530 Telephone: (202) 252-2529 Facsimile: (202) 252-2599 paul.cirino@usdoj.gov
Counsel for Defendant

2

 
 Case 1:18-cv-00375-RC Document 27 Filed 03/16/20 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

)

DEMOCRACY FORWARD FOUNDATION, )

)

Plaintiff,

)

)

v.

)

)

DEPARTMENT OF HOMELAND SECURITY, )

)

Defendant.

)

)

Civil Action No. 18-0375 (RC)

JOINT STATUS REPORT

Pursuant to the Court’s Minute Order of July 15, 2019, Plaintiff Democracy Forward

Foundation and Defendant Department of Homeland Security, by and through the undersigned

counsel, respectfully submit this Joint Status Report in this Freedom of Information Act case.

As previously reported, Defendant completed its response to Plaintiff’s request. After

completing a supplemental search, which resulted in 10,217 pages, Defendant U.S. Immigration

and Customs Enforcement (“ICE”) has been producing non-exempt responsive records on a

monthly basis, at a rate of at least 500 pages per month.

On January 14, 2020, ICE advised Plaintiff that it reviewed 1,701 pages, determined that

1,683 pages were non-responsive, and released 18 pages with portions redacted. On February

13, 2020, ICE advised Plaintiff that it reviewed an additional 2,084 pages, determined that 2,074

pages were nonresponsive, and released 10 pages with portions redacted. ICE’s redactions are

based on FOIA Exemptions 5, 6, 7(C), and 7(E). 5 U.S.C. § 552(b)(5), (6), (7)(C), (7)(E). ICE’s

next release is scheduled for March 18, 2020.

The parties are scheduled to file a further Joint Status Report on May 15, 2020.

Case 1:18-cv-00375-RC Document 27 Filed 03/16/20 Page 2 of 2

Dated: March 16, 2020
/s/ Benjamin Seel Benjamin Seel (D.C. Bar No. 1035286) Democracy Forward Foundation 1333 H Street NW Washington, DC 20005 (202) 448-9090 bseel@democracyforward.org
Attorneys for Plaintiff

Respectfully submitted,
TIMOTHY J. SHEA, DC Bar #437437 United States Attorney
DANIEL F. VAN HORN, DC Bar #924092 Chief, Civil Division
/s/ Paul Cirino PAUL CIRINO Assistant United States Attorney 555 4th Street, N.W. Washington, D.C. 20530 Telephone: (202) 252-2529 paul.cirino@usdoj.gov
Counsel for Defendant

2