208 F. Supp. 3d 520
S.D.N.Y.2016Background
- Plaintiffs (Immigrant Defense Project, Hispanic Interest Coalition of Alabama, Center for Constitutional Rights) filed a FOIA request (Oct. 17, 2013) seeking records about ICE "home enforcement operations" (entries, arrests, operations at or around residences), including regional focus and policies.
- After limited initial production and exhausted administrative remedies, Plaintiffs sued; the Court ordered rolling productions and Defendants produced ~8,500 pages.
- Plaintiffs challenged the adequacy of Defendants’ searches; the Court required detailed agency declarations describing search procedures and later considered cross-motions for partial summary judgment on search adequacy only (exemptions deferred).
- Disputes focused on (1) search terms/techniques (including inconsistent use across offices and plural-only searches), (2) whether agencies had to follow up on leads (an OPR report of investigation), and (3) failure to search certain components (ICE OPA and LESA).
- The Court found most searches adequately described and reasonably calculated to find responsive records, but identified deficiencies: several offices used plural-only search terms without justification; ICE OPA should have searched for press-related materials; LESA must produce a sample of raw data (unless exempt). Court ordered limited supplemental searches and productions within 60 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of search terms/techniques | Many offices used inadequate or inconsistent terms; omitted useful keywords and Boolean strategies | Declarations show searches were reasonably tailored given office roles and database limits; agencies may choose terms | Most search terms/strategies were reasonable, but searches that used only plural nouns (without singular) were inadequate; directed supplemental singular-term searches for specific offices |
| Duty to pursue leads (ROI found) | Discovery of an OPR ROI was a "positive indication" that similar documents exist and agencies should follow leads | Single ROI does not prove existence of more documents; agency need not pursue every lead after a reasonable search | Agency did not have to conduct additional searches based on the single ROI; Plaintiffs’ motion on this ground denied |
| Failure to search certain components (OPA) | OPA may have press releases and overview documents referencing home enforcement and should have searched | OPA claimed it lacked involvement with home enforcement and that press materials were outside scope | OPA’s narrow reading was unreasonable; ordered OPA to conduct a search reasonably calculated to locate responsive materials |
| Failure to search LESA / produce data sample | LESA holds raw data (addresses, etc.) that could support plaintiffs’ requested aggregates; plaintiffs would accept raw samples | LESA argued it cannot identify residences vs. non-residences and so a search would not yield responsive records | Defendants must provide a responsive sample of LESA data (absent later exemption showing); failure to provide sample deemed inadequate |
Key Cases Cited
- Carney v. United States Dep’t of Justice, 19 F.3d 807 (2d Cir.) (agency must demonstrate adequacy of FOIA search via detailed declarations)
- Grand Cent. P’ship, Inc. v. Cuomo, 166 F.3d 473 (2d Cir.) (search must be reasonably calculated to uncover requested records)
- SafeCard Servs., Inc. v. Sec. & Exch. Comm’n, 926 F.2d 1197 (D.C. Cir.) (reasonableness standard for FOIA searches)
- Tigue v. U.S. Dep’t of Justice, 312 F.3d 70 (2d Cir.) (FOIA’s purpose: public access and accountability)
- Halpern v. Federal Bureau of Investigation, 181 F.3d 279 (2d Cir.) (agency obligation to pursue clear and certain leads)
- Anderson v. Liberty Lobby, 477 U.S. 242 (Sup. Ct.) (summary judgment standard)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (Sup. Ct.) (genuine dispute standard for summary judgment)
- N.L.R.B. v. Robbins Tire & Rubber Co., 437 U.S. 214 (Sup. Ct.) (FOIA purpose quoted regarding accountability)
- EPA v. Mink, 410 U.S. 73 (Sup. Ct.) (burden on agency to show search adequacy)