Tag Archives: FOIA

American Immigration Council v. ICE

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American Immigration Council v. U.S. Immigration and Customs Enforcement, et al., No. 1:24-cv-00975 (D.D.C., filed Apr. 5, 2024)

The American Immigration Council (AIC) filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA) seeking to compel the agencies to release records relating to implementation of Family Expedited Removal Management (FERM), a border management program announced in May 2023.

Under FERM, ICE places heads of households of asylum-seeking families detained by U.S. Customs and Border Protection at the U.S.-Mexico border under surveillance with ankle monitors and under curfew. The alternative to detention program only applies to certain nationalities and is active only in certain cities throughout the country.

ICE has said that the FERM program ensures families show up at credible fear interviews, which serve as asylum screening interviews, but advocates have seen that families enrolled in the program face rapid removals. Complaints suggest that families enrolled in the FERM program often lack legal representation during their credible fear interviews. If the families fail the credible fear interview, ICE moves to remove them without the opportunity of ever seeing an immigration judge to assess their claims.

Since its inception, ICE has continued to expand the FERM program. Initially, ICE announced that the FERM program would be active in four cities. As of December 2023, the program was active in 45 cities nation-wide. 

AIC and the American Immigration Lawyers Association originally filed requests under FOIA with ICE and CBP on November 21, 2023, to find out more about the program. The requests sought more specific information on the criteria the agencies use to enroll families in the FERM program, including the list of nationalities who may be subject to FERM and the cities where it operates. The organizations also requested the information given to families about the program, including information about access to legal representation. The requests also asked the agencies to produce demographic data on the families placed in FERM. 

Neither ICE nor CBP responded to the initial request, and AIC filed this lawsuit to compel disclosure. CBP filed an answer, and productions are now ongoing.

Documents:

Counsel: American Immigration Council

Contact: Raul A. Pinto ǀ American Immigration Council ǀ rpinto@immcouncil.org

Press: Council Files Lawsuit to Get Records about Program that Monitors Families Seeking Asylum, American Immigration Council, Apr. 5, 2024.

American Immigration Council v. CBP

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American Immigration Council and Center for Gender and Refugee Studies v. U.S. Customs and Border Protection, et al., No. 3:23-cv-5270 (N.D. Cal., filed Oct. 16, 2023)

In early 2023, U.S. Customs and Border Protection (CBP) implemented a new policy requiring asylum seekers approaching ports of entry (POEs) along the southern border to first schedule an appointment through the CBP One mobile application. Under the CBP One Turnback Policy, CBP officers turn away most asylum seekers who have not made an appointment through CBP One, thereby endangering asylum seekers who must remain in potentially dangerous conditions and risk losing their asylum eligibility.

On July 11, 2023, the American Immigration Council and Center for Gender and Refugee Studies sent Defendants a Freedom of Information Act (FOIA) request, seeking to understand CBP’s policies regarding asylum seekers who approach POEs without a CBP One appointment, including the number of migrants impacted and CBP’s cooperation with authorities in Mexico. Plaintiffs requested expedited processing because of the urgency of the situation. Plaintiffs also believe that this policy directly conflicts with the federal court ruling in Al Otro Lado, Inc. v. Mayorkas, 619 F. Supp. 3d 1029 (S.D. Cal. 2022), which held that refusing to inspect asylum seekers arriving to the United States—as officers do to those without a CBP One appointment—is unlawful. CBP did not respond to the request. On October 16, 2023, Plaintiffs filed a lawsuit in federal court under FOIA to obtain the responsive documents. The parties have negotiated a proposed schedule for Defendants to produce the requested records. The parties are now engaged in settlement conversations, with a status update on settlement due to the court by October 1, 2024.

Documents:

Council: American Immigration Council ǀ Center for Gender and Refugee Studies

Contact: Raul Pinto | American Immigration Council ǀ rpinto@immcouncil.org
Neela Chakravartula | Center for Gender and Refugee Studies ǀ neela@uclawsf.edu

Press