Nightingale v. USCIS Update (FOIA delays)

  • Organization: NILA, NWIRP, AIC and the Law Offices of Stacy Tolchin
  • Document Type: Statute/regulation/other law
  • Date Created: Wednesday, February 24, 2021
  • Attachment(s): LINK

The district court just granted declaratory and injunctive relief in a nationwide class challenge to A-File FOIA delays. The court orders:

  • Declaratory relief due to Defendants DHS, USCIS and ICE’s pattern or practice of failing to make timely A-File FOIA determinations;
  • Injunctive relief permanently enjoining Defendants from further failing to adhere to the statutory deadlines for A-File FOIA requests;
  • That Defendants to make determinations on all backlogged FOIA requests within 60 days; and
  • That Defendants submit quarterly compliance reports to the Court and class counsel going forward.
Topics:
  • Other Immigration