Judge Richard Berman
Under the Freedom of Information Act (FOIA) the American Civil Liberties Union sought information about alien detainees awaiting removal held after 90 and 180 days from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). The parties disputed redactions from a sample detainee file grounded on FOIA Exemptions 5, 6, and 7 (C) and (E). Granting the ACLU summary judgment the court required the requested records' production by Nov. 3. Despite not finding Exemption 5 not ripe for adjudication the court found that even if it were, that exemption likely would not apply as the sample file did not contain litigation privileges exemption-related material. Nor did the disputed records implicate personal privacy concerns protected by Exemption 7(C). The information's production was in the public interest and would enable the ACLU to shed further light on ICE's detainee practices and procedures. Nor was law enforcement information Exemption 7(E) available. Release of information about a non-identified detainee's criminal record—often publicly available—would not compromise ICE's ability to conduct investigations and did not implicate "techniques and procedures" protected by Exemption 7(E).
