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Long v. U.S. Immigration & Customs Enforcement

ICE Granted Judgment in FOIA Case on Form I-247 Records on Persons Subject to Detainers

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiffs Susan B. Long and David Burnham brought this action under 5 U.S.C. §552(a)(4)(B) against Defendant United States Immigration and Customs Enforcement (“ICE”) seeking to compel production of certain agency records pursuant to the Freedom of Information Act, 5 U.S.C. §§551-559 (“FOIA”). The Court denied the parties’ initial cross-motions for summary judgment on September 27, 2018. (Dkt. No. 32). On October 9, 2020, after further submissions and an evidentiary hearing held on August 15, 2019, (see Dkt. Nos. 58, 59, 66, 90-92), the Court denied ICE’s renewed motion for summary judgment, (Dkt. No. 93). Presently before the Court are the parties’ renewed cross-motions for summary judgment. (Dkt. Nos. 96, 116). Having carefully considered the parties’ arguments and all of the submissions in this case, the Court grants ICE’s motion for summary judgment and denies Plaintiffs’ cross-motion. II. BACKGROUND¹ Plaintiffs are the co-founders and co-directors of the Transactional Records Access Clearinghouse (“TRAC”), a data gathering, data research, and data distribution center sponsored by the Whitman School of Management and the Newhouse School at Syracuse University. (Dkt. No. 116-4, 79). TRAC gathers a significant amount of immigration enforcement data from ICE through FOIA requests, and makes the information available to the public in online databases. (Id.

83-84). In the two FOIA requests at issue here, Plaintiffs seek information relating to ICE’s “Form I-247 Requests” relating to detainers and notices of release. (Id.

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