Brennan Ctr. for Justice At N.Y. Univ. Sch. of Law v. U.S. Dep't of State

300 F. Supp. 3d 540
CourtDistrict Court, S.D. Illinois
DecidedJanuary 10, 2018
Docket17 Civ. 7520 (PGG)
StatusPublished
Cited by7 cases

This text of 300 F. Supp. 3d 540 (Brennan Ctr. for Justice At N.Y. Univ. Sch. of Law v. U.S. Dep't of State) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brennan Ctr. for Justice At N.Y. Univ. Sch. of Law v. U.S. Dep't of State, 300 F. Supp. 3d 540 (S.D. Ill. 2018).

Opinion

Paul G. Gardephe, United States District Judge

Plaintiff Brennan Center for Justice brings this action against Defendant U.S. Department of State to compel compliance with the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. (Cmplt. (Dkt. No. 1) ¶ 1) Plaintiff seeks documents referenced in President Trump's September 24, 2017 Proclamation1 entitled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public Safety Threats[.]" (Id. ¶ 2, Ex. A (Proclamation) (Dkt. No. 1-1); see also Proclamation No. 9,645, 82 Fed. Reg. 45, 161 (Sept. 24, 2017) ) Only six documents are at issue: "two reports (and associated attachments)." (Stein Decl. (Dkt. No. 26) ¶ 9)

On December 22, 2017, Plaintiff moved to expedite this action pursuant to 28 U.S.C. § 1657. (Mot. (Dkt. No. 22) ) Plaintiff seeks an order requiring Defendant "to produce the [requested] documents (or all segregable non-exempt portions thereof) within 21 days[,]" and to provide "written justification for any withheld documents or portions of documents"-commonly referred to as a Vaughn index-within 28 days. (Pltf. Reply (Dkt. No. 27) at 2; Pltf. Br. (Dkt. No. 23) at 13)

*543BACKGROUND

On January 27, 2017, President Trump issued Executive Order No. 13,769 -" Protecting the Nation from Foreign Terrorist Entry into the United States" ("EO-1"), 82 Fed. Reg. 8977 (Jan. 27, 2017) -which bars entry into the United States of individuals from seven Muslim-majority countries for 90 days, suspends the United States Refugee Admission Program for 120 days, and bans the entry of Syrian refugees indefinitely. See EO-1, 82 Fed. Reg. 8,977, §§ 3(c), 5(a), 5(c). Shortly thereafter, several courts enjoined implementation of this executive order. See, e.g., Washington v. Trump, No. C17-0141 (JLR), 2017 WL 462040, at *3 (W.D. Wash. Feb. 3, 2017). anneal dismissed, No. 17-35105, 2017 WL 3774041 (9th Cir. Mar. 8, 2017) ; Aziz v. Trump, 234 F.Supp.3d 724, 739 (E.D. Va. 2017).

On March 6, 2017, President Trump issued Executive Order 13,780 ("EO-2"), " Protecting the Nation From Foreign Terrorist Entry Into the United States," 82 Fed. Reg. 13,209 (Mar. 6, 2017). EO-2 revokes EO-1 and suspends entry into the United States of nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen for 90 days. See EO-2, 82 Fed. Reg. 13,209, § 2(c). EO-2 also directs a "worldwide review to identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the [Immigration and Nationality Act] ... in order to determine that the individual is not a security or public-safety threat." Id. § 2(a). EO-2 instructs the "Secretary of Homeland Security, in consultation with the Secretary of State and the Director of Intelligence ... [to] submit to the President a report on the results of worldwide review[.]" Id. § 2(b). Several courts also issued nationwide injunctions enjoining implementation of this executive order. See, e.g., Hawai'i v. Trump, 245 F.Supp.3d 1227, 1237 (D. Haw.) ; Int'l Refugee Assistance Project v. Trump, 857 F.3d 554, 606 (4th Cir. 2017). On June 26, 2017, the U.S. Supreme Court granted the Government's petition for certiorari to review lower courts' grant of injunctive relief related to EO-2. (Cmplt. (Dkt. No. 1) ¶ 15)

On July 20, 2017, Plaintiff submitted a FOIA request to Defendant for "23 categories of records related to the [Government's] travel bans." (Cmplt. (Dkt. No. 1) ¶ 25; Cmplt., Ex. B (FOIA Request) (Dkt. No. 1-2) ) The FOIA request seeks:

All records pertaining to the worldwide review process conducted under Section 2 of Executive Order 13780 and 17 STATE 72000, including the Report that was submitted to President Trump, copies of instructions to foreign governments regarding the requirements that must be met to avoid travel restrictions, and a list of all countries that have:
i. been designated as providing adequate information to the U.S. government;
ii. been designated as providing inadequate information to the U.S. government; and/or
iii. been designated as being at risk of providing inadequate information to the U.S. government.

(Cmplt. (Dkt. No. 1) ¶ 26)

On July 24, 2017, the State Department granted Plaintiff's request for expedited processing and for a fee waiver:

After consideration of your request for expedited processing under the Department's rules governing Freedom of Information Act requests, we have determined that your request does warrant expedited processing. We have considered your request for a fee waiver. Based upon the information provided in *544your letter, your request for a fee waiver has been granted[.]

(Cmplt., Ex. C (State Department Initial Response) (Dkt. No. 1-3) at 2)

On August 18, 2017, the State Department informed Plaintiff that it expected to make production by October 31, 2017. (Cmplt. (Dkt. No.

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Bluebook (online)
300 F. Supp. 3d 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-ctr-for-justice-at-ny-univ-sch-of-law-v-us-dept-of-state-ilsd-2018.