New York Times Co. v. United States Department of Homeland Security
959 F. Supp. 2d 449
S.D.N.Y.2013Background
- FOIA request by NYT and Sacchetti for list of convicted aliens released under Zadvydas since 2008; DHS produced a spreadsheet with redacted names under Exemptions 6 and 7(C).
- ICE detains designated removal-alien defendants to obtain travel documents; six-month limit applies absent likelihood of removal; release required if unsalvageable within foreseeable future unless risk of flight or danger exists.
- Plaintiffs argue disclosure would illuminate DHS handling of Zadvydas releases and monitor potential systemic issues; DHS contends names are highly privacy-protected.
- Spreadsheet includes most serious crimes, release date, and Area of Responsibility, with names redacted.
- Court analyzes Exemption 7(C) (privacy) vs. public interest in disclosure; burden on agency to justify withholding; standard is de novo with affidavits given presumption of good faith.
- Final decision: summary judgment for Plaintiffs; DHS must disclose the names of the Released Individuals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exemption 7(C) justifies withholding the names | Plaintiffs: public interest in monitoring DHS performance outweighs privacy | DHS: privacy interests dominate, even for information already public in part | No; public interest outweighs privacy, names must be disclosed |
Key Cases Cited
- Associated Press v. United States Dep’t of Defense, 554 F.3d 274 (2d Cir. 2009) (public-interest in monitoring detainee handling balanced against privacy)
- Reporters Comm. for Freedom of Press v. Department of Justice, 489 U.S. 749 (Supreme Court 1989) (privacy in fundamental FOIA decision; disclosure limited by privacy)
- Favish v. Department of Justice, 541 U.S. 157 (Supreme Court 2004) (privacy interests require sufficient public- interest justification)
- Ray v. United States Dep’t of Justice, 502 U.S. 164 (Supreme Court 1991) (derivative-use/public-interest considerations in disclosure)
- Hopkins v. United States Dep’t of Hous. & Urban Dev., 929 F.2d 81 (2d Cir. 1991) (privacy interests surrounding disclosure of personal information)
- Associated Press v. DOJ, 681 F.3d 61 (2d Cir. 2012) (second circuit on privacy vs. public interest in government records)
- United States Dep’t of Justice v. Tax Analysts, 492 U.S. 136 (1989) (exemption interpretations in FOIA)
- New York Times Co. v. Department of Homeland Security, 915 F. Supp. 2d 508 (S.D.N.Y. 2013) (district court's FOIA analysis relevant to this case)