Council on Am.-Islamic Rels-Wash. v. CBP, No. 20-217, 2020 WL 7342979 (W.D. Wash. Dec. 14, 2020) (Martinez, J.)

Council on Am.-Islamic Rels-Wash. v. CBP, No. 20-217, 2020 WL 7342979 (W.D. Wash. Dec. 14, 2020) (Martinez, J.)

Re:  Request for certain records concerning screening of individuals of Iranian heritage or any other changes in screening or secondary inspection procedures between January 1, 2020 and January 8, 2020

Disposition:  Upholding withholding of certain information, but ordering disclosure of certain information following in camera inspection

• Exemption 7(E):  "The Court has now reviewed [certain] records [following an in camera inspection] and determined that the majority were properly withheld and redacted pursuant to Exemption 7(E)."  The court relates that "Defendants argued that they invoked Exemption 7(E) to withhold non-public information including law enforcement terminology, techniques, and procedures used to determine admissibility and other similar information that directly relates to CBP's law enforcement mission to protect the border . . . ."  However, "the Court [also] finds that portions of [certain documents that the court lists without accompanying legal analysis] were not properly withheld under this exemption and orders their production to Plaintiff."  The court explains that "[plaintiff] pointed out Defendants' non-response and that 'Defendants also do not contest that the agency engaged in unlawful activity.'"  "As a result, the Court has already determined that release of the directive that mandated the detention of individuals based on national origin may be appropriate, along with the release of any communications discussing, implementing, criticizing, or withdrawing that directive."