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Judicial Watch • JW v DHS unaccompanied alien children 01730

JW v DHS unaccompanied alien children 01730

JW v DHS unaccompanied alien children 01730

Page 1: JW v DHS unaccompanied alien children 01730


Number of Pages:4

Date Created:October 16, 2014

Date Uploaded to the Library:October 22, 2014

Tags:01730, DHS

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425 Third Street, S.W., Suite 800 
Washington, 20024, 
Plaintiff, Civil Action No. UNITED STATES DEPARTMENT HOMELAND SECURITY, Office the General Counsel 245 Murray Lane S.W. Washington, 20528-0485, 

Plaintiff Judicial Watch, Inc. brings this action against Defendant United States 
Department Homeland Security compel compliance with the Freedom Information Act, 
U.S.C.  552 ("FOIA"). grounds therefor, Plaintiff alleges follows: 
JURISDICTION AND VENUE The Court has jurisdiction over this action pursuant U.S.C.  552(a)(4)(B) and U.S.C.  1331. Venue proper this district pursuant U.S.C.  1391(e). 
PARTIES Plaintiff Judicial Watch, Inc. not-for-profit, educational organization 
incorporated under the laws the District Columbia and headquartered 425 Third Street S.W., Suite 800, Washington, 20024. Plaintiff seeks promote transparency, integrity, and 
accountability government and fidelity the rule law. part its mission, Plaintiff regularly requests records from federal agencies pursuant FOIA. Plaintiff analyzes the 
responses and disseminates its findings and the requested records the American public 
inform them about "what their government to." Defendant United States Department Homeland Security agency the 
United States Government and headquartered 601 South 12th Street, Arlington, 22202. Defendant has possession, custody, and control records which Plaintiff seeks access. 
STATEMENT FACTS July 2014, Plaintiff submitted FOIA request U.S. Immigration and 
Customs Enforcement ("ICE"), component Defendant, certified mail, seeking access 
the following: 
Any and all records regarding, concerning, related the Request 
for Information (RFI)/Sources Sought solicitation seeking "escort 
services for unaccompanied alien children" issued January 29, 
2014. For purposes clarification, this solicitation identified 
Solicitation Number BERKS-RF! and viewable the web site the date this request. 
This request includes, but not limited to, any and all records, 
reports, analyses, other documents utilized ICE personnel 
project the arrival 65,000 unaccompanied alien children, well any records communication between any official employee ICE and any other individual entity regarding, concerning, related the aforementioned solicitation. 
The time frame for this request January 2013 the present. letter dated July 30, 2014, Defendant acknowledged receipt the request 
July 30, 2014 and assigned reference number 2014-ICF0-03528. Defendant also informed 
Plaintiff that Defendant had invoked 10-day extension time process the request, 
authorized U.S.C.  552(a)(6)(B). 
Pursuant U.S.C.  552(a)(6)(A)(i), Defendant was required determine whether comply with the request within thirty (30) working days receipt and notify Plaintiff immediately its determination, the reasons therefor, and the right appeal any adverse determination. Defendant's determination was due September 11, 2014. the date this complaint, Defendant has failed to: (i) determine whether comply with the request; (ii) notify Plaintiff any such determination the reasons therefor; 

(iii) advise Plaintiff the right appeal any adverse determination; and/or (iv) produce the requested records otherwise demonstrate that the requested records are exempt from production. Because Defendant has failed comply with the time limit set forth U.S.C.  552(a)(6)(A), Plaintiff deemed have exhausted any and all administrative remedies pursuant U.S.C.  552(a)(6)(C). 
COUNTl Violation FOIA, U.S.C.  552 
Plaintiff realleges paragraphs through fully stated herein. 

Defendant unlawfully withholding records requested Plaintiff under FOIA. 

12. Plaintiff being irreparably harmed reason Defendant's unlawful withholding records responsive Plaintif FOIA request, and Plaintiff will continue irreparably harmed unless Defendant compelled conform its conduct the requirements the law. 
WHEREFORE, Plaintiff respectfully requests that the Court: (1) order Defendant conduct searches for any and all records responsive Plaintif FOIA requests and demonstrate that employed search methods reasonably likely lead the discovery records responsive Plaintiffs FOIA requests; (2) order Defendant produce, date certain, any and all non
exempt records responsive FOIA requests and Vaughn index any responsive records 
withheld under claim exemption; (3) enjoin Defendant from continuing withhold any and 
all non-exempt records responsive Plaintiffs FOIA requests; (4) grant Plaintiff award attorney's fees and other litigation costs reasonably incurred this action pursuant U.S.C.  552(a)(4)(E); and (5) grant Plaintiff such other relief the Court deems just and proper. 
Dated: October 16,2014 Respectfully submitted, Chris Fedeli 
Chris Fedeli Bar No. 472919 JUDICIAL WATCH, INC. 
425 Third Street, S.W., Suite 800 Washington, 20024 
Tel: (202) 646-5172 
Attorney for Plain tiff