American Immigration Lawyers Association v. DHS, et al., No. 1:16-cv-02470 (D.D.C. filed Dec. 19, 2016)

On July 10, 2013, the American Immigration Lawyers Association (AILA), submitted a FOIA request to Customs and Border Protection (CBP), seeking records relating to the issuance and implementation of the Officers’ Resource Tool (ORT) and how it has come to replace the Inspector’s Field Manual (IFM). The ORT replaced the IFM, which previously provided guidance regarding the inspection and admission of individuals into the United States at U.S. ports of entry. CBP failed to produce any responsive records and did not respond to AILA’s administrative appeal.

In December 2016, the American Immigration Council, in cooperation with Foley and Lardner, LLP, filed the lawsuit on AILA’s behalf seeking to compel CBP to release the ORT. On June 7, 2017, Defendants filed a motion for summary judgment, which the court denied on March 30, 2018. After continued delays in production, the plaintiffs filed a second motion for summary judgment in December 2018. The court denied that motion without prejudice,  but ordered the government to produce documents by May 31, 2019.

In November 2019, Defendants filed a renewed motion for summary judgment, and in January 2020, Plaintiffs filed their opposition, as well as a cross-motion for summary judgment. On March 10, 2020, Defendants filed their reply to Plaintiffs’ opposition and their opposition to Plaintiffs’ cross-motion for summary judgment. On July 22, 2020, the district court ordered additional, unredacted production from Defendants. On April 30, 2021, the parties stipulated to dismiss the case.

• Complaint and Exhibits A-D
• Defendants’ Motion for Summary Judgment
• Plaintiff’s Opposition to Defendants’ Motion for Summary Judgment
• Defendants’ Reply in Support of Motion for Summary Judgment
• Order Denying Defendants’ Motion for Summary Judgment
• Memorandum in Support of Plaintiff’s Motion for Summary Judgment
• Memorandum in Support of Defendant’s Opposition to Plaintiff’s Motion for Summary Judgment
• Order Denying Plaintiff’s Motion for Summary Judgment
• Defendants’ Renewed Motion for Summary Judgment 
• Plaintiff’s Opposition to Defendants’ Motion for Summary Judgment and Cross-Motion for Summary Judgment
• Defendants’ Reply in Support of Motion for Summary Judgment and Opposition to Plaintiff’s Cross-Motion for Summary Judgment
• Plaintiff’s Reply to Opposition to Plaintiff’s Cross-Motion for Summary Judgment
• District Court Order

Counsel: Emily Creighton | American Immigration Council | ecreighton@immcouncil.org
Kristin Macleod-Ball | American Immigration Council | kmacleod-ball@immcouncil.org
Naikang Tsao | Foley & Lardner LLP | ntsao@foley.com