National Immigration Law Center, ACLU Foundation of Southern California, National Lawyers Guild Los Angeles Chapter v. United States Department of Homeland Security and U.S. Immigration and Customs Enforcement, an agency of the Department of Homeland Security
Published: Mar. 26, 2011 | Result Date: Jan. 31, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2:2008-cv-07092-DDP (VBKx) Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Jennifer L. Pasquarella
(ACLU Foundation of Southern California)
Katherine V.A. Smith
(Gibson, Dunn & Crutcher LLP)
Karen C. Tumlin
(National Immigration Law Center)
Ahilan T. Arulanantham
(ACLU Foundation of Southern California)
Linton Joaquin
(National Immigration Law Center)
Maurice M. Suh
(Gibson Dunn & Crutcher LLP)
Defendant
Facts
On Feb. 7, 2008, U.S. Immigration and Customs Enforcement (ICE) conducted a raid at the Micro Solutions Enterprises manufacturing plant in Van Nuys, California. Due to the raid, government agents interrogated and detained over 130 employees, but had arrest warrants for only eight individuals.
The National Immigration Law Center (NILC), the ACLU of Southern California, and the National Lawyers Guild of Los Angeles submitted a Freedom of Information Act (FOIA) request to the ICE and the Dept. Of Homeland Security (DHS), seeking documents related to potential discriminatory and unconstitutional conduct. The agencies did not release any documents in response to the request. Thus, the organizations sued the ICE and DHS for declaratory and injunctive relief based on the failure to release information.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed defendants violated 5 U.S.C. Section 552(a)(3)(A) by failing to punctually release records, and violated Section 552(a)(1) and (a)(2) by failing to make records accessible to the public.
Result
Plaintiffs dismissed the suit after defendants released over 2500 pages of requested documents, which revealed that government agents planned on arresting up to 200 workers and performed the raid based on an anonymous tip.
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