For Immediate Release
December 17th, 2020
Media Contacts
Matt Adams, Northwest Immigrant Rights Project – (206) 957-8611; matt@nwirp.org
Trina Realmuto, National Immigration Litigation Alliance – (617) 819-4447; trina@immigrationlitigation.org
Maria Frausto, American Immigration Council – (202) 507-7526; mfrausto@immcouncil.org
        SAN FRANCISCO – Judge William H. Orrick today, granted summary judgment
        in favor of two nationwide classes suing the Department of Homeland
        Security, U.S. Citizenship and Immigration Services and U.S. Immigration
        and Customs Enforcement for failing to timely produce the class members’
        immigration files (A-Files). The court found that the agencies’ practice
        of failing to produce the immigration case files within the deadlines
        set by Congress under the Freedom of Information Act (FOIA) is a
        systemic problem and requires a comprehensive, permanent remedy. The
        court ordered the agencies to clear their backlogs by responding to the
        more than 40,000 thousand cases outstanding within 60 days; comply with
        the statutory timeline for responding to case file requests moving
        forward; and submit quarterly reports to the court and class counsel to
        verify compliance with the statutory timelines.
         
        In October 2019, the court certified the case as a class action, the
        first time a court has granted class certification to those seeking
        relief under FOIA. In both the class certification ruling and today’s
        order granting summary judgment, the court emphasized that the statutory
        violations are especially damaging because of the critical nature of
        these immigration files. The court found that the agencies have a long
        pattern and practice of delaying, for months and sometimes over a year,
        immigrants’ access to the very information that they need to defend
        themselves in the deportation proceedings, challenge their detentions,
        and apply for immigration benefits.
         
        “Compliance with FOIA deadlines is especially important in the
        immigration context: It provides an essential safeguard to plaintiffs
        who require a copy of their A-Files to pursue immigration benefits or
        defend themselves or their clients against removal,” wrote the Court.
        “Adherence to FOIA’s timeframes is critical because there is no adequate
        substitute for the information contained in an A-File and FOIA is the
        primary, if not the only, mechanism for accessing A-Files. Failure to
        timely respond to A-File FOIA requests creates an information asymmetry
        that hinders plaintiffs in successfully applying for immigration
        benefits, challenging removal orders, or seeking release from
        detention.”
         
        “This is a huge day for immigrants across the country. The court’s
        ruling requires DHS to correct their longstanding practice of denying
        immigrants and their attorneys timely access to the very immigration
        documents they need to defend themselves and apply for immigration
        benefits.,” said Matt Adams, legal director for Northwest Immigrant
        Rights Project.
         
        “The court’s decision sends a clear message that the era of DHS’s
        information advantage is over,” said Trina Realmuto, executive director
        of National Immigration Litigation Alliance, who argued the case for the
        plaintiffs. “DHS can no longer force noncitizens and their attorneys to
        face removal proceedings, bond hearings, and benefits applications with
        one hand tied behind their backs.”
         
        “The court’s ruling brings justice to immigrants who have long suffered
        from immigrant agencies’ violation of FOIA, a statute that provides the
        only practical avenue for immigrants to access their own immigration
        records,” said Emily Creighton, the legal director, transparency at the
        American Immigration Council. “It is past time agencies properly funded
        and implemented FOIA.”
         
        The court’s decision can be viewed
        here.
      
The prior order granting class certification can be found here.