Heartland Alliance for Human Needs & Human Rights v. U.S. Immigration & Customs Enforcement
Decision Date | 12 September 2019 |
Docket Number | Civil Action No.: 16-204 (RC) |
Citation | 406 F.Supp.3d 90 |
Parties | HEARTLAND ALLIANCE FOR HUMAN NEEDS & HUMAN RIGHTS, d/b/a National Immigrant Justice Center, Plaintiff, v. UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT et al., Defendants. |
Court | U.S. District Court — District of Columbia |
Seth A. Watkins, Watkins Law & Advocacy, PLLC, Washington, DC, for Plaintiff.
Benton Gregory Peterson, Christopher Charles Hair, U.S. Attorney's Office for the District of Columbia, Washington, DC, for Defendants.
GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT
On December 18, 2015, President Barack Obama signed into law the Consolidated Appropriations Act, 2016, which allocated federal funding for financial year 2016 for the federal agency U.S. Immigrations and Customs Enforcement ("ICE"). See Am. Compl. ¶ 8, ECF No. 31 . The Consolidated Appropriations Act, 2016 stipulated that "funding made available under this heading shall maintain a level of not less than 34,000 detention beds...." Am. Compl. Ex. 1 at 4 (emphasis added).1 This statute thus mandated that ICE "maintain" a minimum level of detention beds, thereby continuing a requirement that was first included as a budgetary condition in 2009. See Am. Compl. ¶ 8; Am. Compl. Exs. 3–6, ECF Nos. 31-3–31-6. Since then, this requirement has been criticized by non-profit organizations and the national media on the grounds that ICE has construed "maintain" to mean "maintain and fill ," Am. Compl. ¶ 8, the specified level of detention beds, such that the statute amounts to a "detention bed quota" or "detention bed mandate," see generally Am. Compl. Exs. 3–6 ( ). According to such critics, the statute incentivizes ICE to fill a set number of beds in for-profit facilities as well as federal detention facilities, Am. Compl. ¶ 8, without considering factors such as "need," id. ¶ 10 (quoting Ex. 3), "low-cost alternatives to detention," id. ¶ 11 (quoting Ex. 5), whether the detainee is a violent offender, id. ¶ 12 (quoting Ex. 6), or the monetary cost of the policy, id. ¶ 13 (citing Ex. 7, ECF No. 31-7).
Plaintiff National Immigrant Justice Center ("NIJC") is among these critics. Seeking to "obtain pertinent information to inform the legal community and the public about ICE detention, release, and bond policies and procedures," id. ¶ 14, NIJC submitted two FOIA requests in 2014 that sought production of records both from ICE and from the Office of Management and Budget ("OMB"), respectively. As detailed below, Plaintiff submitted two further FOIA requests in 2017 to ICE and OMB. Id. ¶¶ 15, 24. Before and since the complaint in this matter was filed, ICE and OMB have searched for and produced records responsive to these FOIA requests. Throughout, NIJC has criticized aspects of the agencies' searches and challenged the basis for their withholding of certain records in whole or in part.
Defendants ICE and OMB now move for summary judgment on Plaintiff's claim.2 See Defs.' Mot. Summ. J., ECF No. 54. Plaintiff opposes this motion and has filed a cross-motion for summary judgment. See Pl.'s Cross-Mot. Summ. J., ECF No. 56. For the reasons set forth below, the Court will grant in part and deny in part Defendants' motion for summary judgment and grant in part and deny in part Plaintiff's cross-motion for summary judgment.
Because the FOIA searches in this case were conducted piecemeal over a period of over four years and the adequacy of Defendant ICE's searches is central to this suit, the Court will begin by detailing both the FOIA requests submitted to ICE and the responsive searches conducted by the agency.3
A. Procedural History for 2014 FOIA Requests
On July 1, 2014, Plaintiff submitted two FOIA requests to ICE and OMB, respectively.4 Am. Compl. ¶¶ 15, 24. NIJC's requests sought to determine "whether ICE has adopted uniform detention, release, and bond policies that are independent from the bed space inventory and/or from ICE quotas or performance objectives." Id. ¶ 14.
The ICE FOIA request, 2014-ICFO-02072, sought two categories of records. The first prong of the request centered on two ICE field offices, namely ICE's San Antonio and Seattle Areas of Responsibility ("AORs").5 Am. Compl. Ex. 8, ECF No. 31-8; see also Defs.' Statement Undisputed Material Facts ¶ 1, ECF No. 54-1. In this prong, NIJC sought:
The second prong of the request expanded beyond these two AORs and sought four kinds of records regarding nationwide ICE-related detention (the "Detention Bed Quota"):
ICE acknowledged receipt of this FOIA request on July 10, 2014, see Am. Compl. Ex. 9, ECF No. 31-9, and issued a "final response" to Plaintiff on February 19, 2015, see Am. Compl. Ex. 10, ECF No. 31-10.
According to declarations provided by the agency, ICE identified the records initially released to Plaintiff after applying its "standard procedures for initiating searches in response to FOIA requests." Declaration of Toni Fuentes in Support of Defs.' Mot. Summ. J. ("Fuentes Decl.") 5, ECF No. 54-2. After initial processing of Plaintiff's request, "the ICE FOIA Office determined that ICE's Office of Enforcement Operations (ERO) was the program office likely to have responsive records." Id. ¶ 32. Following standard procedure, ERO submitted the request to its Information Disclosure Unit (IDU). Id. ¶ 34. The ERO's IDU reviewed Plaintiff's request and, "based on subject matter expertise and knowledge of the program officers' activities," determined that it was appropriate to conduct searches for potentially responsive documentation at the ERO Field office in San Antonio and the ERO Field Office in Seattle. Id. ¶¶ 34–35.
Upon receipt of this directive, the designated FOIA point of contact in the ERO's Seattle Field Office tasked the Deputy Field Office Director (DFOD) with conducting relevant searches. Id. ¶ 36. The DFOD is responsible for "supervis[ing] the ERO Seattle Office enforcement of U.S. immigration law and agency policies," including, inter alia , policies related to the "calculation and setting of bond amounts[ ] within the state of Washington." Id. The DFOD conducted a search of his email and Microsoft Outlook archive folders. Id. He used the following search terms: " ‘34,000,’ ‘filling beds,’ ‘Vacant beds,’ ‘33,400 mandate,’ ‘detention beds,’ and ‘bond amounts.’ " Id.
The San Antonio AOR separately conducted a search in response to the ICE FOIA Office's tasking. The ERO San Antonio Field Office tasked its Assistant Field Operations Director (AFOD), four Supervisory Detention and Deportation Officers (SDDOs), and two Deportation Officers. Id. ¶ 37. The AFOD "oversees the day-to-day operations of the field office," including legal and policy enforcement "as they pertain to the setting and the calculation of bond amounts." Id. The SDDOs' duties include "approv[al of] bonds and provid[ing] guidance relating to any changes in the bond policies." Id. The Deportation Officers "handl[e] their individual assigned cases,"...
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