Skip to main content

Moore v. ICE, No. 19-00279, 2021 WL 107214 (W.D. Tex. Jan. 12, 2021) (Guaderrama, J.)

Date

Moore v. ICE, No. 19-00279, 2021 WL 107214 (W.D. Tex. Jan. 12, 2021) (Guaderrama, J.)

Re:  Requests for records concerning border enforcement, fundamental shifts in treatment of asylum seekers, and operation of immigration detention facilities in El Paso

Disposition:  Granting in part and denying in part

  • Litigation Considerations, "Open America" Stays of Proceedings:  "The Court is of the view that even when assuming that the COVID-19 pandemic and its impact on CBP's workload constitutes exceptional circumstances under § 552(a)(6)(C), CBP still failed to establish how it was exercising due diligence in producing Plaintiff's requests."  The court finds that "the record shows that exceptional circumstances exist but solely because of the impact of the exigencies presented by the COVID-19 pandemic."  "That said however, Plaintiff correctly points out that CBP's workload during the last three years was neither unforeseen nor unpredictable."  "But while CBP's workload was neither unforeseen nor unpredictable, the unexpected exigencies presented by the COVID-19 pandemic still drastically hampered CBP's ability to process any number of pending FOIA requests, regardless if they were either foreseeable or unforeseeable."  "Hence, the Court is of the view that exceptional circumstances exist here because the delays caused by the COVID-19 pandemic were not 'routine, predictable agency backlogs for FOIA requests.'"  "However, but for the pandemic, the Court would have concluded the opposite because the record indicates that CBP's workload was predictable and accurately projected."  "But even if exceptional circumstances exist here, the Court agrees with Plaintiff that CBP fails to show how it has exercised due diligence in processing Plaintiff's FOIA requests."  The court finds that "the record establishes that CBP maintained an extremely inadequate production rate and that the agency consistently failed to disclose sufficient specific details about Plaintiff's FOIA requests that would reveal the true extent of its progress in reducing its backlog."  "To make matters worse, CBP now advises the Court that its new estimate of the total count of potentially responsive pages for [the request] will likely exceed the original estimate . . . ."  "CBP also advises that, even though it proposes an extension until at least June 31, 2020, it still cannot commit to complete all production for that date."  "But that is unacceptable; CBP cannot simply move the goalpost as it pleases without reasonable effort or full transparency on its part."  "Based on Plaintiff's unrefuted representations to the Court, CBP has rejected Plaintiff's multiple offers to work with it to narrow the search parameters for such request – to reduce its potentially responsive pages – and to negotiate a stay with a reasonable finite end date."  The court finds that "the record shows that the pandemic only served to exacerbate the consequences of CBP's lack of due diligence in processing Plaintiff's FOIA requests before it even began."
Court Decision Topic(s)
District Court opinions
Litigation Considerations, “Open America” Stays of Proceedings
Updated February 2, 2021