Immigrant Defense Project, et al. v. ICE, et al.

At a Glance

Date Filed: 

October 17, 2013

Current Status 

On April 29, 2016, CCR finished partial summary judgment briefing on the adequacy of ICE and DHS's searches.

Client(s) 

Immigrant Defense Project (IDP) and Hispanic Interest Coalition of Alabama (HICA)

Case Description 

In October 2013, the Immigrant Defense Project (IDP) and the Hispanic Interest Coalition of Alabama (HICA), along with the Center for Constitutional Rights, filed a Freedom of Information Request with the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) seeking information related to ICE’s home raids policies as well as the particulars of a December 2011 ICE warrantless home raid operation in Latino homes in Northern Alabama.  After the agencies failed to comply, CCR filed a complaint in the Southern District of New York. Judge J. Paul Oetken ordered the agencies to begin producing documents on a rapid basis in December 2014.  This work is part of CCR’s support of grassroots immigrants’ rights groups fighting injustice in immigration policing and enforcement as well as CCR’s use of FOIA to support grassroots communities in exposing abusive government practices.

Despite widespread condemnation of the Bush administration’s “Return to Sender” and “Cross Check” programs – which CCR successfully challenged in Argueta v. Myers and Aguilar v. ICE – ICE’s practice of raiding residential homes continues under the Obama administration, and the agency has done little to stop agents from violating the Fourth and Fifth Amendments, especially in remote immigrant communities. The violation of these rights can take frightening and sometimes violent turns, yet complaints filed with agency can take months to be addressed and appear to rarely produce any results.

Case Timeline

April 29, 2016
CCR files reply brief in support of partial summary judgment on adequacy of DHS and ICE's searches
April 29, 2016
CCR files reply brief in support of partial summary judgment on adequacy of DHS and ICE's searches
CCR files our final brief in further support of partial summary judgment on the searches of ICE and DHS, arguing that the agencies did not do adequate searches for documents pertaining to our FOIA request.
April 5, 2016
Government files opposition brief and cross-motion for summary judgment on adequacy of ICE and DHS searches
April 5, 2016
Government files opposition brief and cross-motion for summary judgment on adequacy of ICE and DHS searches
ICE and DHS argue that searches done by various components and offices pertaining to our FOIA request were adequate, and file several declarations in an attempt to further substantiate their arguments.
February 19, 2016
Partial summary judgment briefing on adequacy of ICE and DHS offices' searches for documents
February 19, 2016
Partial summary judgment briefing on adequacy of ICE and DHS offices' searches for documents
CCR is briefing a partial summary judgment motion, arguing that defendant agencies ICE and DHS did not do adequate searches for documents pertaining to our FOIA request.
November 19, 2014
Court issues order scheduling production of FOIA documents
November 19, 2014
Court issues order scheduling production of FOIA documents
Judge J. Paul Oetken issues a scheduling order compelling the monthly production of documents by ICE and DHS.
August 5, 2014
CCR files FOIA complaint on behalf of IDP and HICA
August 5, 2014
CCR files FOIA complaint on behalf of IDP and HICA
October 17, 2013
CCR files FOIA request on behalf of HICA and IDP
October 17, 2013
CCR files FOIA request on behalf of HICA and IDP