ACLU Immigrants' Rts. Project v. ICE, No. 19-7058, 2021 WL 918235 (S.D.N.Y. Mar. 10, 2021) (Daniels, J.)
ACLU Immigrants' Rts. Project v. ICE, No. 19-7058, 2021 WL 918235 (S.D.N.Y. Mar. 10, 2021) (Daniels, J.)
Re: Request for records concerning immigration apprehensions, detentions, removals, risk classification assessments, and bond management information
Disposition: Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment
- Procedural Requirements, Responding to FOIA Requests & "Reasonably Segregable" Obligation: The court relates that "[plaintiff] argues that ICE is required to 'replace A-numbers with Unique IDs' because ICE can segregate out Unique IDs (nonexempt information) from A-numbers (exempt information) using nonburdensome computer software." "This process, according to [plaintiff], is required, in part, because Congress expanded the scope of the FOIA's segregability mandate when it passed the FOIA Improvement Act of 2016." "ICE argues that it is not obligated to provide Unique ID's, as the [plaintiff] requests, because doing so would require the creation of new records, and additional research and analysis, which goes beyond the obligations imposed by FOIA." The court finds that "ICE avers that its [ICE Integrated Decision Support System ("IIDS")] database does not contain the type of person-centric Unique IDs requested by [plaintiff]." "According to ICE's declarant, because ICE does not maintain a computer program capable of replacing A-numbers with Unique IDs, it would have to: '(1) create a program capable of uniquely substituting a new number for a pre-existing number; (2) input each A-number from each dataset within the IIDS (millions of entries in total) into the program; (3) run the program to create new unique identifiers; (4) replace all A-numbers within the IIDS datasets with the new unique identifiers; and (5) maintain and store the new computer program and new unique identifiers, for which ICE has no operational use.'" "[Plaintiff] asserts that one of the functions of A-numbers is to convey 'Relational Information,' that is information which shows that the records are associated with particular individuals." "[Plaintiff] argues that the FOIA requires ICE to segregate out this 'nonexempt Relational Information' . . . ." "[Plaintiff] further argues that ICE is obligated by the FOIA to reformat A-numbers as Unique IDs because that format is 'readily producible.'" The court finds that "'Relational Information' and 'Unique IDs' are not preexisting data fields (e.g. date, category, or title) in the IIDS database which ICE can sort." "[Plaintiff's] request for 'Unique IDs' or 'Relational Information' does not seek the contents of the IIDS database (such as A-numbers), but instead seemingly seeks information about those contents." "As such it is a request that requires the creation of a new record." "Unique IDs are not 'apparent on the face of the database' because ICE has made clear that the database does not contain Unique IDs." Additionally, the court finds that "[plaintiff's] theory that A-numbers convey 'Relational Information' which may be segregated out by the application of code is unavailing." "Every datapoint in an agency database conveys a variety of information but an agency is not obligated to produce 'information in the abstract.'" "Extending the FOIA to obligate agencies to segregate and produce not just data points but the meaning of every data point is beyond the power of this Court." "Simply put, ICE cannot be compelled to segregate what does not already exist." Also, the court finds that "[plaintiff's] argument 'that ICE is obligated to honor Plaintiff's request for A-numbers formatted as Unique IDs because that format is readily reproducible' similarly fails." "[Plaintiff] contends that because ICE admits to having A-numbers in its databases, and because it has the capability of transforming A-numbers into Unique IDs, it must produce A-numbers in the format of Unique IDs." "ICE is correct, [plaintiff's] request does not implicate format (i.e. file type)." "Instead, [plaintiff] seeks to have ICE transform A-numbers into Unique IDs." "Such a request is not the purpose of this section of the FOIA."
- Litigation Considerations & Procedural Requirements: "Finally, [plaintiff] contends that because ICE had previously provided Unique IDs in response to FOIA requests from [other requester] it is obligated to do so here." The court finds that "ICE provided those unique identifiers as an 'exercise of discretion.'" "This exercise of discretion does not change ICE's obligations under the FOIA."