Skylight Engagement, Inc. and American Immigration Council v. U.S. Department of Homeland Security and U.S. Customs and Border Protection, No. 1:21-cv-00922 (E.D.N.Y., filed Feb. 19, 2021)

Skylight Engagement, a nonprofit human rights media organization, and the American Immigration Council filed a lawsuit under the Freedom of Information Act (FOIA) on February 19, 2021, seeking records from U.S. Customs and Border Protection (CBP) regarding their actions at and around a humanitarian aid station near Arivaca, Arizona in 2017 and 2020.

The records sought include information on three aggressive raids conducted by CBP on the aid station, located about 11 miles from the U.S.-Mexico border and intended to provide aid to migrants who have crossed the border and are at risk due to the extremely hot and dry climate. The aid station was organized and operated by No More Deaths/No Más Muertes, a humanitarian organization that supplies medical care, food, and water to migrants.

CBP raided the Arivaca aid station on June 15, 2017, July 31, 2020, and again on October 5, 2020. During these raids, CBP interrogated, detained, and arrested individuals at the aid station in an aggressive manner. Plaintiffs filed an administrative FOIA request on October 14, 2020, seeking CBP records regarding the raids, but did not receive responsive records. In particular, the request sought video footage, photographs, or other media that CBP recorded documenting their actions during the raids, as well as communication and correspondence regarding the raids, including records related to search warrants.

On May 19, 2023, the parties stipulated to dismiss the suit after Defendants released records requested by Plaintiffs. The case was dismissed on June 5, 2023.

Documents:

• Complaint
• Answer

Counsel:

Raul Pinto ǀ American Immigration Council ǀ rpinto@immcouncil.org