Am. Immigr. Council v. DHS, No. 20-1196, 2020 WL 3639733 (D.D.C. July 6, 2020) (Hogan, J.)

Am. Immigr. Council v. DHS, No. 20-1196, 2020 WL 3639733 (D.D.C. July 6, 2020) (Hogan, J.)

Re:  Request for records concerning ICE's response to the COVID-19 pandemic

Disposition:  Explaining June 11, 2020 order granting plaintiff's motion for preliminary injunction and ordering defendants to process at least 400 pages of responsive records by July 31, 2020, and to process remaining responsive records and release all remaining non-exempt documents to plaintiff by August 31, 2020

• Litigation Considerations, Preliminary Injunctions:  Previously, the court granted plaintiff's motion for a preliminary injunction, and "[t]his Memorandum Opinion provides further explanation for the Court's decision."  First, the court finds that "Plaintiff is likely to succeed on the merits because it has established that it is entitled to the production of records responsive to its request 'as soon as practicable.'"  "Plaintiff has established an urgent need to obtain the requested information that will both 'help guide on-the-ground efforts that will directly impact detained immigrants' and 'likely influence public discourse around ICE's handling' of the global pandemic."  Second, the court finds that "Plaintiff seeks the requested information to inform the public about ICE's response to the COVID-19 pandemic and the impact of that response on the thousands of immigrant detainees who are presently in ICE custody."  "A delay in the release of the requested information would cause irreparable harm."  Additionally, the court finds that "the fact that the COVID-19 pandemic is an ongoing public health crisis only bolsters Plaintiff’s claim of irreparable harm."  Third, "[t]he Court finds that requiring Defendants to process and produce documents responsive to Plaintiff's request at the rate of 400 pages per month beginning on July 31, 2020 is a minimal burden."  "As noted above, ICE identified approximately 800 pages of potentially responsive records, so Defendants' processing and production should be completed by the end of August 2020."  "Additionally, Plaintiff has only requested non-exempt information, so Defendants will not be required to create a Vaughn index or provide declarations in support of withholdings at this time."  "The Court appreciates that Defendants' employees are facing unexpected challenges due to the COVID-19 pandemic and associated closures and telework arrangements, and for that reason, the Court found that Plaintiff's initial request that the Court order Defendants to process and produce all non-exempt, responsive records within 30 days was not reasonable."  "The alternate timeline imposed by the Court should place minimal hardship on Defendants."  Finally, "[t]he Court also finds that the public interest favors issuing a preliminary injunction."  "The public's interest in obtaining the requested non-exempt records outweighs any possible harm to other requesters that may result from accelerated processing of this request."