Int'l Refugee Assistance Project, Inc. v. U.S. Citizenship & Immigration Servs.
| Decision Date | 22 July 2021 |
| Docket Number | 20-CV-4284 (RWL) |
| Citation | 551 F.Supp.3d 136 |
| Parties | INTERNATIONAL REFUGEE ASSISTANCE PROJECT, INC., Plaintiff, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Lamya Agarwala, Mariko Hirose, Kathryn Shu-Yeng Austin, International Refugee Assistance Project, New York, NY, for Plaintiff.
Danielle Judith Levine, U.S. Attorney Office, New York, NY, for Defendant.
DECISION & ORDER: MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT
Plaintiff International Refugee Assistance Project ("IRAP") has sued Defendant United States Citizenship and Immigration Services ("USCIS") under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"). IRAP challenges USCIS's alleged policy of claiming that it has no records responsive to FOIA requests for records related to refugee resettlement applications. More specifically, IRAP challenges USCIS's failure to search for any such records in the Worldwide Refugee Admissions Processing System ("WRAPS"), which USCIS utilizes in adjudicating resettlement applications.
This case arises in the context of IRAP's advocacy on behalf of its client, J.D.,1 an Afghan citizen who sought relocation to the United States in order to avoid persecution by the Taliban as a result of his status as a humanitarian worker. USCIS denied J.D.’s application for resettlement. Through IRAP, J.D. requested a discretionary review of USCIS's denial. His request remains pending. To prepare for the discretionary review, IRAP filed FOIA requests with USCIS and the United States Department Of State ("DOS"), requesting records related to J.D.’s refugee resettlement application. DOS informed IRAP that some or all of the requested records originated with USCIS, but USCIS claimed it had no responsive records. This case ensued, alleging that USCIS's response was part of its policy of claiming that it has no records responsive to requests for refugee resettlement applications and refusing to search WRAPS for those records.
After this case was filed, DOS responded to the separate FOIA request that IRAP had submitted to DOS. DOS represents that it disclosed all records responsive to IRAP's request. A number of those records are redacted, allegedly pursuant to various FOIA exemptions. USCIS has moved to dismiss, alleging that DOS's disclosure moots this case. IRAP opposes the motion to dismiss and moves for partial summary judgement on the issue of whether USCIS failed to conduct an adequate search.
For the reasons explained below, USCIS's motion to dismiss is DENIED and IRAP's motion for partial summary judgment is GRANTED.
Individuals outside of the United States seeking admission as refugees pursuant to § 207 of the Immigration And Nationality Act ("INA") are processed through the United States Refugee Admissions Program ("USRAP"). (Ingraham Decl. ¶ 3.) DOS and USCIS collaborate to manage USRAP. (Ingraham Decl. ¶ 4.)
Among other responsibilities, DOS, through its Resettlement Support Centers ("RSCs") located around the world, is responsible for the administrative and processing functions of USRAP. (Ingraham Decl. ¶ 4.) As part of its responsibilities, DOS owns and maintains WRAPS, which is an electronic refugee resettlement case management system that facilitates the processing and tracking of refugee applicants as they move through the required refugee processing steps until arrival in the United States. (Ingraham Decl. ¶ 5.) DOS's RSCs administratively manage WRAPS, creating a new case in WRAPS whenever a refugee is referred to USRAP and entering new information into WRAPS as the case progresses, including records generated by USCIS refugee officers during the refugee adjudication process, as well as any USCIS decisional documents, as discussed below.3 (Ingraham Decl. ¶ 6.)
When a person first applies for refugee status and thus eligibility to resettle in the United States, DOS's Bureau Of Population, Refugees, And Migration ("PRM") determines if the refugee meets certain basic requirements. (USCIS 56.1 ¶ 2.) If PRM determines that the applicant meets those basic requirements, USCIS's role in USRAP comes into play. (USCIS 56.1 ¶ 2.)
USCIS is a component agency of the United States Department Of Homeland Security ("DHS") and is ultimately responsible for adjudicating applications for refugee status and determining if the applicant should be permitted to resettle in the United States. (USCIS 56.1 ¶ 1; IRAP 56.1 ¶ 1.) The adjudication process includes determining whether the applicant meets the legal requirements for admission as a refugee, assessing whether anything renders the applicant ineligible, and reviewing relevant security checks. (USCIS 56.1 ¶ 2.)
USCIS requires applicants to submit an application using a USCIS Form I-590 with supporting documentation, as well as biometric data including fingerprints, photographs, and signatures, which are used for security and background checks. (USCIS 56.1 ¶ 7; IRAP 56.1 ¶ 7.) USCIS also requires all applicants ages 14 years and older to sit for an interview with a USCIS officer and takes notes on those interviews. (USCIS 56.1 ¶ 8; IRAP ¶ 8.)
WRAPS is the database of information used by USCIS in deciding an applicant's case. (USCIS 56.1 ¶ 36; IRAP ¶ 36.) WRAPS contains the refugee application form, supporting documents, results of security and background checks, certain correspondence pertaining to the applicant, and any records generated by USCIS refugee officers during the refugee adjudication process, including interview notes and decision documents. (USCIS 56.1 ¶¶ 37, 39, 40, 41; IRAP 56.1 ¶ 37, 39, 40, 41.) Additional information resides in WRAPS pertaining to an applicant that is not "used or required by USCIS in adjudicating a refugee application." (USCIS 56.1 ¶¶ 36, 37.) For the purposes of this decision, the term "relevant information in WRAPS" refers to all information in WRAPS except for the information not used or required by USCIS in adjudicating a refugee application.
USCIS relies on the relevant information in WRAPS to access security risks, make eligibility determinations, and ultimately decide applications. (USCIS 56.1 ¶ 48; IRAP 56.1 ¶ 48.) USCIS can digitally approve a refugee application directly in WRAPS. (USCIS 56.1 ¶ 49; IRAP 56.1 ¶ 49.) When refugee officers decide to reject an application, they make notes to DOS's RSCs explaining the reason that the case is not being approved; and those notes are uploaded to the case file in WRAPS. (USCIS 56.1 ¶ 50; IRAP 56.1 ¶ 50.)
USCIS also uses WRAPS to store records of its decisions. (USCIS 56.1 ¶ 51; IRAP 56.1 ¶ 51.) All USCIS I-590 decision information is also stored in a paper file maintained by DOS's RSCs until the file is shipped to the USCIS National Records Center and becomes an "A-File." (USCIS 56.1 ¶ 51.)
USCIS staff can print records from WRAPS. (USCIS 56.1 ¶ 53; IRAP ¶ 53.) On occasion, when foreign governments request certain information from USCIS outside of the FOIA process, analysts from the USCIS National Records Center will consult various sources, including WRAPS, to create consolidated responses to the foreign partners’ requests, which may include information from WRAPS such as USCIS Form I-590s, Decision Letters, and USCIS Worksheet interview notes. (USCIS 56.1 ¶ 57.)
USCIS publicly states that individuals may seek access to their USCIS records by filing FOIA requests. (USCIS 56.1 ¶ 61, Gomez Decl., Ex. 1, at 26.) If a person finds inaccurate information in the records they receive through FOIA, they may visit a local USCIS Field Office to identify and amend inaccurate records. (USCIS 56.1 ¶ 62.) DOS's RSCs make the correction directly in WRAPS.4 (USCIS 56.1 ¶ 62.)
As USCIS repeatedly notes, although USCIS information and documents are stored in WRAPS, and USCIS utilizes information and documents stored in WRAPS to adjudicate refugee resettlement applications, DOS's RSCs are responsible for actually uploading all information into WRAPS and, with the exception of being able to digitally approve a refugee application directly in WRAPS, USCIS officers’ access to WRAPS is "read-only" and "based on operational need." (See, e.g. , USCIS 56.1 ¶¶ 26, 49.)
In sum, WRAPS is a DOS database administratively managed by DOS RSCs but which is used extensively by USCIS, including to store documents that are generated by USCIS, to adjudicate refugee resettlement applications, to print information from WRAPS, and to generate responses to requests for information from foreign governments outside of the FOIA context.
USCIS is quick to note that DOS is in the process of retiring WRAPS. (USCIS 56.1 ¶ 28; Supp. Ingraham Decl. ¶ 15.) DOS expects to fully decommission WRAPS "by the end of 2021." (USCIS 56.1 ¶ 28; Supp. Ingraham Decl. ¶ 15.) WRAPS will be replaced by two systems: a DOS system called START and a USCIS system called Global. (USCIS 56.1 ¶ 28; Supp. Ingraham Decl. ¶ 15-17.) Certain data in START will automatically be sent to Global through electronic interface, and all of the information that USCIS needs to adjudicate refugee applications will be available in Global. (Supp. Ingraham Decl. ¶ 17.) USCIS will input its own information needed to adjudicate refugee applications into Global, such as interview notes and all final adjudicative decisions. (USCIS 56.1 ¶ 28.) Once a final decision has been made on a case, Global will communicate that decision to DOS to complete processing. (USCIS 56.1 ¶ 28.) DOS will not have direct access to Global. (Supp. Ingraham Decl. ¶ 17.) Once WRAPS is decommissioned, USCIS "will lose access to WRAPS," but DOS will preserve a copy of WRAPS for a period of time after it is decommissioned. (Supp. Ingraham Decl. ¶ 17.)
IRAP is a nonprofit organization that, among other things, provides direct legal services to refugees going through USCIS's resettlement application...
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