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.