Sharing the latest motions and order from FOIA litigation. Main takeaways from Northern Illinois Federal District Court Judge Matthew Kennelly's order of October 2, 2023:
(1) Agencies cannot refuse to search records systems indicated by a requester without demonstrating the search is burdensome:
Federal agencies vary greatly in their size, mission, the type and amount of information they collect and generate, and their record-keeping practices. A request may be unreasonably burdensome for one agency but easy to satisfy for another. Stevens has argued that EOIR's limited role, combined with the manner in which it organizes its records, means that it could "easily" conduct a search of its "emails, case notes, scheduling, and case administration system . . . by the A- number and/or the name of the non-citizen." Pl.'s Resp. at 8. EOIR, on the other hand, has not argued or provided evidence that it could not do so. The Court therefore finds that EOIR did not make "a good faith effort" that was "reasonable in light of the request" when it searched for only the record of proceedings in response to the Silvestre, Archie, Hoang, and Charpentier requests. Rubman, 800 F.3d at 387. The Court orders EOIR to promptly conduct a good-faith and reasonable search for all remaining records specifically identified in the June 2021 Silvestre request, the August 2021 Archie request, the March 2022 Hoang request, and the August 2022 Charpentier request. 1:22-cv-05072 Document 53, 10/02/2, p. 11.
This order is basically just telling the Executive Office of Immigration Review to do its job. EOIR for years has produced screenshots, calendars, and outputs from case management systems indicating adjournments without a need for a court order. Whoever is handling EOIR's FOIA office for these requests decided to make life difficult for the folks who need these records, including a guy born in California and deported to Mexico, as well as the AUSA handling their case, the judge, my attorney Nicolette Glazer, and me. Whoever is behind this waste of time deserves a performance review noting their stunning waste of agency resources.
(2) Summary judgement granted - Customs and Border Protection must immediately produce records responsive to my request for information about insurance executive and fake nurse Rep. Lauren Underwood's (D-IL) biometric database bill written at the behest of a federal contractor, seemingly General Dynamics. (Click on Lauren Underwood tag below for more on her role in depriving Cook County's poorest residents the health care she hypocritically claims that she supports.)
(3) Agencies disregarding FOIA deadlines will not receive adverse orders via summary judgment, according to Judge Kennelly. (A bunch of us in the transparency community find the precedents cited here bad law.)
Will update next week with motions.
