FOIA Litigation

NILA’s transparency litigation focuses on lawsuits under the Freedom of Information Act (FOIA) seeking records that federal agencies have failed to disclose and have been shrouded from public view. NILA’s transparency litigation seeking records on behalf of an individual clients are not posted below.

NILA’s Transparency Litigation Docket

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Immigrant Advocates Response Collaborative v. DHS (N.D.N.Y) – Lawsuit under the Freedom of Information Act seeking records related to the Criminal History Program (CHIP), Criminal History Information Sharing (CHIS), and the Biometric Identification Transnational Migration Alert Program (BITMAP). 
Co-Counsel: Immigrant Advocates Response Collaborative
Status: The complaint was filed on November 15, 2021. The FBI and ICE subsequently produced records. DOS will produce records by May 26, 2021.
Documents: 
Complaint
+ FBI Records
+ ICE Records

Photo Credit: Stephanie Jayne

National Immigration Litigation Alliance v. CBP (D. Mass.) – Lawsuit under the Freedom of Information Act seeking records relating to CBP’s treatment and expulsions/deportations of pregnant women, mothers who recently gave birth in United States, and their children, including newborn U.S. citizen children.
Co-Counsel: Proskauer Rose LLP, Al Otro Lado, Haitian Bridge Alliance
Status: The complaint was filed on July 1, 2021. CBP produced records in August, October, and November 2021.
Documents:
+ Complaint
+ Select CBP Productions

CLOSED CASES 

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Safe Passage Project v. U.S. Customs and Border Protection (S.D.N.Y.) – Lawsuit under the Freedom of Information Act seeking records related to CBP Form 93 (Unaccompanied Child Screening Addendum), a primary tool that CBP and USCIS use to document experiences with human trafficking and fear of persecution and torture for unaccompanied immigrant children.
Co-Counsel: The Law Office of Derrick J. Hensley, PLLC and Kathryn O. Greenberg Immigration Justice Clinic
Status: The complaint was filed on April 15, 2021. USCIS produced relevant records in May 2021. CBP produced relevant records in June and July 2021.
Documents:
+ Complaint
+ CBP Form 93
+ USCIS Productions

Photo Credit: Erica Miranda

Pangea v. USCIS (N.D. Cal.) – Lawsuit under the Freedom of Information Act seeking records related to adjudication of Refugee/Asylee Petitions (Form I-730).
Co-Counsel: Pangea Legal Services 
Status: The complaint was filed on June 1, 2020 and USCIS produced the relevant records on January 19, 2021.
Documents:
+ Complaint
+ I-730 Guidance & Updates for the Regions 

National Immigration Litigation Alliance, Inc.
Email: info@immigrationlitigation.org
Tel: (617) 819-4649

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