Long v. U.S. Immigration & Customs Enforcement

Susan B. Long and David Burnham, Plaintiffsv.United States Immigration and Customs Enforcement, Defendant

MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  Plaintiffs Susan B. Long and David Burnham brought this action under 5 U.S.C. §552(a)(4)(B) against Defendant United States Immigration and Customs Enforcement (“ICE”) seeking to compel production of certain agency records pursuant to the Freedom of Information Act, 5 U.S.C. §§551-559 (“FOIA”). Both parties have moved for summary judgment. (Dkt. Nos. 15, 19). The Court held oral argument on the motions on September 18, 2018. For the following reasons, both parties’ motions are denied. II. BACKGROUND¹Plaintiffs are the co-founders and co-directors of the Transactional Records Access Clearinghouse (“TRAC”) sponsored by the Whitman School of Management and the Newhouse School at Syracuse University. (Dkt. No. 19-11,73). TRAC’s primary function is to provide the public with “comprehensive and regularly updated information that allows for meaningful assessment of whether federal agencies are actually doing what agency officials claim to be doing.” (Id.74). In pursuit of their mission, TRAC “gathers, analyses, and maintains a wealth of independent and nonpartisan information about staffing, spending and enforcement activities of the federal government,” (id.), including a “significant amount” of immigration enforcement data, (id.76). In 2011, Plaintiffs, on behalf of TRAC, “began submitting FOIA requests for ICE database records concerning ICE’s use of I-247 forms,” (id.77), which relate to certain “immigration enforcement actions and [ICE's] interaction with other law enforcement agencies,” (id.80). Since then, in effort to “[t]o keep the data current,” TRAC has “sought and received from ICE updated data related to Form I-247…on a regular monthly cycle.” (Id.79).On November 30, 2016, Plaintiffs submitted two FOIA requests to ICE seeking information regarding ICE’s use of two different types of I-247 forms: (i) detainer form I-247D, titled “Immigration Detainer-Request for Voluntary Action” (“Detainer” or “Detainer Request”); and (ii) form I-247N, titled “Request for Voluntary Notification of Release of Suspected Priority Alien” (“Notices” or “Notice Requests”). (Dkt. No. 15-4,