113 F. Supp. 3d 100
D.D.C.2015Background
- Professors Susan B. Long and David Burnham, co-directors of TRAC (a Syracuse University research center), submitted a FOIA request (Nov. 2013) to ICE for large immigration-related databases and sought reduced processing fees as representatives of an educational institution and the news media.
- ICE had previously treated TRAC as a preferred requester but in this instance initially classified them as non-commercial and later as commercial requesters, denying reduced fees and prompting administrative appeals.
- Plaintiffs provided evidence of TRAC’s scholarly research program, publication history (numerous immigration reports), website distribution, and explanations that TRAC’s subscriptions defray costs and that they (the professors) are salaried academics.
- DHS denied preferred status, questioning TRAC’s institutional connection to Syracuse, intended use of the requested records, possible commercial motives (subscription data service), and TRAC’s journalistic editorial originality.
- Plaintiffs sued under FOIA (and initially APA, later dismissed by consent), both parties moved for summary judgment; the Court reviewed requester-status de novo and held that ICE erred in denying both educational and news media classifications for this request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TRAC qualifies as an "educational institution" requester | TRAC is a Syracuse University research center, professors made the request under university auspices to further scholarly research | ICE said TRAC’s multiple locations/funding and lack of specific use statement rebut educational presumption and suggest commercial use | Held: Plaintiffs get educational status; presumption applies and DHS did not rebut it; subscription service not dispositive when request furthers scholarly mission |
| Whether TRAC lacks a commercial purpose | TRAC’s subscriptions only defray costs; professors are salaried; primary purpose is research/publication | ICE argued TRAC’s paid data warehouse and data-sales-like activities indicate commercial use | Held: Plaintiffs demonstrated lack of overriding commercial use; fee reduction appropriate |
| Whether TRAC is a "representative of the news media" | TRAC transforms government data into distinct works, publishes reports accessed widely and cited by media, and serves public interest in immigration enforcement reporting | ICE argued TRAC’s reports lack multiple-source synthesis, insufficient proof of intended dissemination for this request, and insufficient editorial originality | Held: Plaintiffs qualify as news media; prior publication history and intent to disseminate sufficed; ICE cannot judge quality of scholarship |
| Whether court should issue a declaratory judgment for all future TRAC requests | Plaintiffs sought a broad declaration that TRAC is entitled to preferred status for all future requests | DHS argued fee status must be determined per request; past grants show no systematic violation | Held: Court denied broad declaratory relief; agencies must assess fee status request-by-request |
Key Cases Cited
- Cause of Action v. Federal Trade Comm’n, 961 F. Supp. 2d 142 (D.D.C. 2013) (de novo review of agency FOIA record for fee-waiver/status determinations)
- Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 (D.D.C. 1979) (Congress intended fee rules so fees would not block disclosure)
- Elec. Privacy Info. Ctr. v. Dep’t of Def., 241 F. Supp. 2d 5 (D.D.C. 2003) (requester’s history of publishing unique works supports news-media status)
- National Security Archive v. Department of Defense, 880 F.2d 1381 (D.C. Cir. 1989) (broad interpretation of "representative of the news media" and treatment of intent to publish)
- Judicial Watch, Inc. v. Department of Justice, 185 F. Supp. 2d 54 (D.D.C. 2002) (denying news-media status to information vendors/middlemen who merely make records available)