FOIA Lawsuit
Knight Institute v. DHS
A FOIA lawsuit seeking records on ideological screening at the border
On October 4, 2017, the Knight Institute filed a FOIA lawsuit seeking records relating to the government’s ideological screening of immigrants and visitors.
Shortly after taking office, President Trump issued an order directing federal agencies to develop a program for the “extreme vetting” of immigrants, refugees, and visitors to the United States. The Department of Homeland Security, the Department of State, and other agencies have since developed and implemented policies involving the review of expressive and associational activities — including social media activity — of individuals applying for U.S. visas.
On August 7, 2017, the Knight Institute submitted FOIA requests for records relating to these "extreme vetting" policies and to the government’s claimed authority to exclude or remove non-citizens from the United States based on their beliefs and associations. The Institute filed this lawsuit to enforce those requests.
Agencies Involved: Department of Homeland Security (Customs & Border Protection, Immigration & Customs Enforcement); Department of Justice (Office of Information Policy, Office of Legal Counsel, Office of Public Affairs); Department of State
Status: On April 6, 2022, the Second Circuit reversed the district court's decisions ordering the disclosure of two sets of records and remanded the case for further consideration of one record.
Case Information: Knight First Amendment Inst. at Columbia Univ. v. DHS, No. 1:17-cv-07572-ALC (S.D.N.Y.), 20-3837 (2d Cir.).
Featured
Analysis
Trump's "Extreme Vetting" is Muzzling Activists and Shutting Them Out
By turning away foreign activists, American authorities are masquerading censorship as immigration enforcement
Press Statements
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Newly Released ICE Memos Explain Why Recent Proposals to Revoke Student Protesters’ Visas Are Likely Unconstitutional
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Court of Appeals Blocks Disclosure of Federal Agency Records Related to Ideological Screening of Immigrants and Visitors
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Knight Institute Sues for Documents on Social Media Monitoring and “Extreme Vetting” of Immigrants, Visitors
Analysis
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ICE Acknowledges First Amendment Limits on Its Power to Remove Foreign Nationals
By Alexia Ramirez -
Why is The U.S. Still Probing Foreign Visitors’ Social Media Accounts?
By Anna Diakun & Carrie DeCell -
Silence Surrounds Extreme Vetting of Ideas at the Border
By Carrie DeCell -
Trump's "Extreme Vetting" is Muzzling Activists and Shutting Them Out
By Carrie DeCell
Reading Room
Ideological Screening at the Border
Documents released in our FOIA lawsuit for records on the "extreme vetting" program
Legal Filings
Click to highlight response chains
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S.D.N.Y.
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31st Joint Status Report
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30th Joint Status Report
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29th Joint Status Report
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28th Joint Status Report
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27th Joint Status Report
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26th Joint Status Report
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25th Joint Status Report
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24th Joint Status Report
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ICE's Letter (clarifying Vaughn Index production deadline)
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23rd Joint Status Report
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22nd Joint Status Report
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21st Joint Status Report
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20th Joint Status Report
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19th Joint Status Report
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18th Joint Status Report
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17th Joint Status Report
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Government's Letter
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16th Joint Status Report
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15th Joint Status Report
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Government's Letter re: ICE processing schedule
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Declaration of Fernando Pineiro
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Plaintiff's Letter re: ICE processing schedule
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14th Joint Status Report
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13th Joint Status Report
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12th Joint Status Report
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11th Joint Status Report
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10th Joint Status Report
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9th Joint Status Report
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Government's Notice of Appeal
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8th Joint Status Report
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Opinion (denying government's motion for reconsideration)
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7th Joint Status Report
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6th Joint Status Report
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5th Joint Status Report
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4th Joint Status Report
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Government's Letter re: DHS search
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Government's Reply
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Plaintiff's Opposition
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Plaintiff's Letter re: ICE, DHS, and Item 1 searches
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Government's Letter re: ICE search
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DOS, ICE, and USCIS's Motion for Clarification and Partial Reconsideration
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Opinion (ruling that ICE and USCIS had improperly invoked FOIA Exemptions 5 and 7(E) in certain records)
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Opinion (resolving first cross-motion for summary judgment)
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Government's Letter re: DHS search
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Plaintiff's Letter re: ICE search
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Government's Letter re: DHS search
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Government's Letter re: ICE search
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Declaration of Alexander Choe (ICE)
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Declaration of Eliman Jussara Solorzano (ICE-ERO)
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Government's Letter re: DHS search
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Plaintiff's Letter re: DHS search
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3d Joint Status Report
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Order (scheduling oral argument)
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Order (rescheduling status conference)
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Order (scheduling status conference)
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Government's Letter re: DHS searches
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Plaintiff's Letter re: DHS searches and oral argument
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Plaintiff's Reply re: ICE and USCIS
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ICE and USCIS's Opposition/Reply
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Supplemental Declaration of Jill Eggleston (USCIS)
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Declaration of Elliot Viker (USCIS)
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Supplemental Declaration of Toni Fuentes (ICE)
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Plaintiff's Reply re: ICE, OLC, and DOS
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ICE, OLC, and DOS's Opposition/Reply
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Declaration of Eric Stein (DOS)
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Supplemental Declaration of Toni Fuentes (ICE)
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Plaintiff's Opposition & Cross-Motion re: ICE and USCIS
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Notice of Errata
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Declaration of Carrie DeCell
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FOIA Correspondence and Productions
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Memos and Internal Government Emails
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TRIG and RAIO Documents
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Plaintiff's Opposition & Cross-Motion re: ICE, OLC, and DOS
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Declaration of Carrie DeCell
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DOS Action Memo
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Ineligibilities Based on Terrorism-Related Grounds (from DOS Foreign Affairs Manual)
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ICE and USCIS's Motion for Summary Judgment
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Declaration of Jill A. Eggleston (USCIS)
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Declaration of Toni Fuentes (ICE)
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Vaughn Index
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FOIA Request (08/07/2017)
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ICE's Response Letter (09/26/2018)
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Order (re: page limit increase and additional DHS searches)
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ICE, OLC, and DOS's Motion for Summary Judgment
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Declaration of Toni Fuentes (ICE)
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Second Declaration of Paul P. Colborn (OLC)
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FOIA Request (8/7/2017)
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OLC's Acknowledgement Letter (8/21/2017)
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OLC's Response Letter (5/30/2018)
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OLC's Response Letter (7/16/2018)
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OLC's Response Letter (1/12/2018)
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Declaration of Eric F. Stein (DOS)
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Vaughn Index
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FOIA Request (8/7/2017)
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DOS's Response Letter (8/15/2017)
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DOS's Response Letter (6/28/2018)
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DOS's Response Letter (1/9/2018)
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DOS's Response Letter (2/26/2018)
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DOS's Response Letter (7/31/2018)
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Government's Letter Motion re: page limit increase and additional DHS searches
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Order (endorsing briefing schedule)
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Government's Letter Motion for Extension of Time
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Order (endorsing briefing schedule)
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Plaintiff's Letter Requesting Pre-Motion Conference and Proposing Briefing Schedule
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Plaintiff's Letter re: Case Status
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ICE's Status Report on Processing
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Order (requiring further ICE status report on referred documents)
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Government's Supplemental Letter re: ICE's Processing of Referred Documents
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Order (re: DOS's and ICE's processing of referred documents)
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Government's Response Letter re: Clarification of Schedule for DOS's and ICE's Processing of Referred Documents
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Plaintiff's Letter re: Clarification of Schedule for DOS's and ICE's Processing of Referred Documents
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Declaration of Carrie DeCell
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Order (requiring ICE processing by 7/3/2018)
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Plaintiff's Response re: ICE's Processing Schedule
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Order (requiring Plaintiff's view on ICE's processing schedule)
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ICE's Letter re: Responsive Records
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Order (requiring OLC processing by 7/16/2018)
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OLC Letter re: Processing
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Declaration of OLC
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Order (requiring ICE and OLC status reports)
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2d Joint Status Report
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Order (requiring DOS processing by 6/28/2019)
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DOS's Supplemental Reponse re: DOS's Processing Schedule
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Government's Response Letter re: DOS's Processing Schedule
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Plaintiff's Letter re: DOS's Processing Schedule
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Order (setting deadline for joint status report)
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Plaintiff's Response Letter re: Processing
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Declaration of Carrie DeCell
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DOS & ICE's Letter Brief re: Processing
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DOS's Declaration re: Processing
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DOS's Processing Schedule for Other FOIA Cases
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ICE's Declaration re: Processing
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FOIA Request (8/7/2017)
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ICE's Acknowledgement Letter (8/23/2017)
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Knight Institute's FOIA Appeal (8/31/2017)
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ICE's Response Letter (9/26/2017)
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ICE's Final Response (9/28/2017)
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ICE's Acknowledgement of Appeal (4/20/2018)
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Knight Institute's FOIA Appeal (12/21/2017)
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ICE's Response Letter (2/6/2018)
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DHS's Status Update (2/13/2018)
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ICE Response Letter (3/07/2018)
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Endorsed Briefing Schedule (re: ICE)
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Joint Letter re: ICE Processing
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Endorsed Briefing Schedule (re: DOS)
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Joint Status Report
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Government's Answer to First Amended Complaint
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FOIA Request (8/3/2017)
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ICE's Final Response Letter (8/28/2017)
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USCIS's Response to Appeal (2/6/2018)
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ICE's Acknowledgement Letter (8/23/2017)
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First Amended Complaint
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Consent to Amended Complaint
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FOIA Request (8/7/2017)
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ICE's Final Response (9/28/2017)
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Knight Institute's FOIA Appeal (12/21/2017)
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Knight Institute's Revision FOIA Appeal (1/5/2018)
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ICE's Response Letter (2/6/2018)
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DHS's Status Update (2/13/2018)
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ICE's Response Letter (3/7/2018)
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Order (setting schedule for processing and next status report)
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Endorsed Stipulation Voluntarily Dismissing ICE
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Government's Answer
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Government's Letter Requesting Pre-Motion Conference (re: ICE's Motion to Dismiss)
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Complaint
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FOIA Request
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2d Cir.
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Opinion
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Plaintiff's Notice of Supplemental Authority
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Exhibit A - Judicial Watch v. DOJ
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Plaintiff's Notice of Supplemental Authority
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Exhibit A - NRDC v. EPA
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Government's Reply
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Plaintiff's Response
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Government's Opening Brief
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Joint Appendix (1 of 2)
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Joint Appendix (2 of 2)
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Government's Special Appendix
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