We're holding the immigration agencies accountable for their lack of transparency. This newsletter highlights our efforts—and exposes government documents we’ve uncovered. 


 NOTEWORTHY 

  • Court Order Stands – Government Must Produce Immigration Files 

    The government has abandoned its challenge of the district court decision in Nightingale v. USCIS. After appealing the district court’s decision granting injunctive relief to the Ninth Circuit Court of Appeals, government Appellants requested their appeal be dismissed. The court granted the motion for dismissal on July 30, 2021. As a result, the district court’s order stands. The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) must:

    1) Adhere to Freedom of Information Act (FOIA) statutory deadlines for adjudicating A-File FOIA requests after clearing their backlogs of requests.

    2) Continue to provide the court and class counsel with quarterly compliance reports. 

    Read more: Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
     
  • Urging ICE to Release Essential Enforcement Data 

    The Council submitted an amicus brief explaining why ICE should release usable immigration data. The amicus brief was filed in ACLU IRP v. ICE, a case where the ACLU is seeking information about how individuals are impacted by ICE enforcement practices. Co-amici included immigrant rights organizations, open government groups, and researchers.

    The data at the heart of the case—information about removals, detentions, apprehensions, risk classification assessments, and bond management—is critical to understanding the U.S. immigration enforcement system and how enforcement priorities were implemented. ACLU pursued this information through a FOIA request. ICE did not provide unique identifiers necessary to link records of enforcement activity to individuals in the records it released to the ACLU. As a result, the ACLU cannot analyze each person’s interactions with ICE across different datasets from the agency.  

    ICE has long withheld critical information about individuals subject to immigration enforcement and detention. Yet the agency conceded that it would impose no burden to provide the requested data in this case. The agency’s refusal to allow meaningful access to enforcement data prevents the public from conducting badly needed oversight. 

    The case raises broader questions about ICE’s lack of transparency, and what the public should demand of a well-funded law enforcement agency that holds tens of thousands of individuals in its custody on a daily basis.

    Read more: Demanding ICE Provide Essential Data


 DIG DEEPER 


The American Immigration Council works to hold the government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose wrongdoing and promote transparency within immigration agencies.

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