Lawyers Committee for Human Rights v. INS
| Decision Date | 15 September 1989 |
| Docket Number | No. 87 Civ. 1115 (JMW).,87 Civ. 1115 (JMW). |
| Citation | 721 F. Supp. 552 |
| Parties | LAWYERS COMMITTEE FOR HUMAN RIGHTS and Arthur C. Helton, Plaintiffs, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants. |
| Court | U.S. District Court — Southern District of New York |
COPYRIGHT MATERIAL OMITTED
Richard F. Ziegler, Martha F. Davis, Thomas G. Dagger, Beth L. Golden, Cleary, Gottleib, Steen, & Hamilton, New York City, for plaintiffs.
The Lawyers Committee for Human Rights, Chad A. Vignola, Sp. Asst. U.S. Atty., New York City, for defendants.
Plaintiffs, The Lawyers Committee for Human Rights ("the Committee") and Arthur C. Helton ("Helton"), seek the disclosure of materials allegedly in the possession of several government agencies — namely, the Federal Bureau of Investigation ("FBI"), the Central Intelligence Agency ("CIA"), the United States Department of State ("State"), and the Immigration and Naturalization Service ("INS") (collectively, "the Government"). Specifically, plaintiffs wish to obtain documents under the Freedom of Information Act ("FOIA") relating to the exclusion of their client Patricia Lara Salive ("Lara"), a Columbian journalist, from the United States. Plaintiffs also seek certain documents concerning the overall process by which the Government makes its decisions to exclude individuals from this country.
At issue in the present action is the adequacy of the Government's so-called Vaughn affidavits, submitted in order to justify the agencies' withholding of documents. A Vaughn affidavit, named for Vaughn v. Rosen, 484 F.2d 820 (D.C.Cir. 1973), cert. denied, 415 U.S. 977, 94 S.Ct. 1564, 39 L.Ed.2d 873 (1974), is an affidavit by a federal agency claiming specific statutory exemptions within the FOIA, and detailing the applicability of these exemptions to the withheld material.
Defendants move for summary judgment to dismiss plaintiffs' complaint based on the agencies' assertion that their affidavits, and subsequent supplemental affidavits, fulfill their obligations under FOIA. Plaintiffs oppose defendants' motion and urge the Court to require the agencies to release the documents in question. In the alternative, both parties request that the Court review the documents in camera to determine whether or not the Government must release them. For the reasons stated below, defendants' and plaintiffs' motions for summary judgment are granted in part and denied in part.
On October 12, 1986, Lara, a Columbian journalist working for the well-known Bogata newspaper El Tiempo, flew into New York's Kennedy Airport to attend a journalism awards ceremony at Columbia University by invitation of the school. An INS agent detained her after finding her name in the INS's National Automated Immigration Lookout System ("NAILS") Service Lookout Book which identifies persons as "excludable" for numerous reasons, including being suspected of communist or subversive beliefs or actions. The Lookout Book purportedly indicated that Lara was associated with M-19, a Colombian terrorist organization and also linked Lara to the Cuban intelligence service.
Lara contended that she has never been a member of the Communist Party or of any guerilla movement, and that she has never planned upon entry into the United States to engage in activities which the laws of the United States would prohibit or to engage in activity subversive to national security.1 She claimed that she was excluded because she has written articles critical of the Reagan Administration's policy in Central America.
Lara was detained by INS agents and held for a period of six days, including three days in administrative segregation at a maximum security facility. State subsequently revoked Lara's visa and the INS excluded Lara from the United States without a hearing, pursuant to 8 U.S.C. §§ 1182(a)(26), (27) and (28).2 At the time she was denied entry, the INS provided her with an "I-147 form" which stated, without further elaboration, that she is temporarily excluded from admission to the United States under Section 235(c) of the Immigration and Nationality Act.3 On October 17, 1986, Lara returned to Bogota, Colombia.
On October 23, 1986, Helton, Lara's attorney, sent letters to the INS, the FBI, State, and the CIA, requesting information pursuant to FOIA relating to her exclusion. The requests sought:
In addition, Helton asked State and the INS to provide:
(5) Any and all agency records that would be relied upon to give figures for 1984, 1985 and 1986 (as well as the figures themselves) relating to agency determinations under sections 212(a)(27), (28) and (29) of the INA.
On November 10, 1986, Assistant Secretary of State Elliot Abrams discussed Lara's exclusion on the nationally televised CBS program, "60 Minutes." See Helton Aff., Ex. F. Abrams asserted that Lara was involved in terrorist activities as a member of the M-19 guerilla movement in Columbia.
In response to plaintiffs' FOIA requests, the INS, the FBI, State and the CIA subsequently released several hundred pages of documents in their entirety. More documents were released in redacted form and approximately 80 documents were withheld in their entirety. The Government based the nondisclosure of certain material on FOIA's Exemptions 1, 2, 3, 5, 6, and 7.
Defendants, faced with the unenviable task of retrieving hundreds of documents, have attempted to recite their responses and objections in an organized manner. However, since the agencies have submitted their documents piecemeal, in a wealth of correspondence reflecting numerous revisons in disclosure decisions, the following clarifies and briefly outlines each agency's response and claimed exemptions.
The FBI first released material responsive to Helton's request on May 14, 1987, in which 64 of 94 pertinent pages were released. See Am. Complaint, Ex. S. On August 4, 1987, the FBI released seven more pages in part. The FBI cites Exemptions 1, 3 and 7(C), (D), and (E) as justification for withholding information. See Hurst Decl.; Mencer Decl.; Thomas Decl. Subsequently, the FBI released 8 pages in their entirety on August 12, 1988. See Mencer Supp.Decl.
In addition, the INS referred twelve pages of documents to the FBI. See Am. Complaint, Ex. I. The plaintiffs assert that they have not received any response from the FBI regarding these documents to date.
The CIA informed Helton on February 19, 1987 that no records relating to the plaintiffs' request were within its possession. See Second Am. Complaint, Ex. CC. Yet plaintiffs assert that the FBI referred 27 documents to the CIA for review. The CIA now concedes that it reviewed 27 documents received from the FBI and asserts that it released three in full and four in part. The remaining 20 were withheld in their entirety. The exemptions cited as justification for the withheld portions of material are 1 and 3. See Carle Decl.
The CIA states that the agency inadvertently failed to search the records of the Directorate of Intelligence. The CIA subsequently searched these records and discovered 52 documents relating to Helton's request. Of these documents the CIA referred 25 to State and one to the Defense Intelligence Agency and one to the United States Information Agency. Of the remaining 24 CIA originated documents, the agency released seven in part and withheld seventeen in their entirety. The CIA cited Exemptions 1 and 3. See Carle Supp. Decl.
The State Department divided its responses into three separate files, each corresponding to specific requests by Helton.
(a) FOIA Case Number 8604234: The material in this file responds to request (1). On June 9, 1987, State released 33 documents in full, twenty in part, and 40 in their entirety. In addition, State referred three documents to other agencies. See Lindstrom Decl., Ex. B.
On June 9, 1987, the Central Foreign Policy Records Office released nine documents in full, four in part, and 32 in their entirety. See Lindstrom Decl., Ex. C. Subsequently, State released three documents in their entirety that were initially denied in part, and two documents in part that were initially denied in full. See Lindstrom Decl., Ex. D.
A subsequent search of State's records at the Bureau of Consular Affairs uncovered additional pertinent documents. Initially State withheld all documents. See Lindstrom Decl., Ex. E. After a review of the material, however, fifteen documents were released in full and three were released in part. See Lindstrom Decl., Ex. F.
(b) FOIA Case Number 8604723: The material in this file responds to requests (2), (3) and (4). On June 3, 1987 State informed Helton that it had discovered one document relating to request (2) which was being withheld in full. See Lindstrom Decl., Ex. G. On June 11, 1987, State released the one relevant document it had discovered pertaining to requests (3) and (4).
(c) FOIA ...
To continue reading
Request your trial
-
N.Y. Times Co. v. U.S. Dep't of Justice
...affidavit, as it "implicate [s] national security," Associated Press , 498 F.Supp.2d at 710 (quoting Lawyers Comm. for Human Rights v. INS , 721 F.Supp. 552, 561 (S.D.N.Y. 1989) ), and the Times does not challenge "the truthfulness or sincerity of the declarants" (Dkt. No. 52 at 9). Assessi......
-
Int'l Refugee Assistance Project, Inc. v. U.S. Citizenship & Immigration Servs.
...and related materials must make them available to the general public upon request." Lawyers Committee For Human Rights v. Immigration And Naturalization Service , 721 F. Supp. 552, 560 (S.D.N.Y. 1989) (citing 5 U.S.C. § 552(b)(2)-(9) ). When an agency receives a request for records, it must......
-
BIAW v. STATE, DEPARTMENT OF L&I
...or financial information obtained from a person [that are] privileged or confidential."); Lawyers Comm. for Human Rights v. Immigration & Naturalization Serv., 721 F.Supp. 552, 569 (S.D.N.Y.1989) (holding that agency could not claim national security disclosure exemption where documents alr......
-
Garcia v. U.S. Dept. of Justice, Office of Info.
...L.Ed.2d 228 (1987). However, "a search for responsive documents need not, and indeed could not be perfect." Lawyers Comm. for Human Rights v. INS, 721 F.Supp. 552, 566 (S.D.N.Y.1989). A search is reasonable and adequate even if "it fails to produce all relevant material." Meeropol v. Meese,......