2017-10-17 Healey Foia V Dhs

Case 1:17-cv-12022-FDS Document 1 Filed 10/17/17 Page 1 of 27
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS
COMMONWEALTH OF
MASSACHUSETTS, STATE OF
CALIFORNIA, DISTRICT OF
COLUMBIA, STATE OF HAWAII,
STATE OF ILLINOIS, STATE OF IOWA
STATE OF MARYLAND, STATE OF
NEW YORK, STATE OF OREGON,
AND STATE OF WASHINGTON,
Plaintiffs,
Case No.
vs.
COMPLAINT FOR DECLARATORY
UNITED STATES DEPARTMENT AND INJUNCTIVE RELIEF
OF HOMELAND SECURITY,
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT, UNITED
STATES CITIZENSHIP AND
IMMIGRATION SERVICES, and
UNITED STATES CUSTOMS AND
BORDER PROTECTION,
Defendants.
COMPLAINT
I. NATURE OF ACTION
1. Plaintiffs the Commonwealth of Massachusetts, State of California, District of
Columbia, State of Hawaii, State of Illinois, State of Iowa, State of Maryland, State of New
York, State of Oregon, and State of Washington (collectively, "Plaintiff States") bring this action
under the Freedom of Information Act (FOIA), 5 U.S.C. 552. Through a FOIA request
submitted to Defendants United States Immigration and Customs Enforcement ("ICE"), United
States Citizenship and Immigration Services ("USCIS"), and United States Customs and Border
Protection ("CBP"), all agencies within the United States Department of Homeland Security
("DHS") (collectively, "Defendants"), on June 29, 2017, Plaintiff States sought records related to
federal immigration enforcement activity within the respective States. Defendants have violated
FOIA by failing to respond to Plaintiff States' request within the statutorily prescribed time limit,
failing to disclose the requested documents, and unlawfully withholding the requested
information. Plaintiff States now ask the Court to order Defendants to respond to the request and
to disclose all responsive records improperly withheld from Plaintiff States.
11. JURISDICTION AND VENUE
2. This Court has jurisdiction over this action pursuant to FOIA,
5 U.S.C. 552(a)(4)(B). This Court also has jurisdiction over this action as a federal question
under 28 U.S.C. 1331.
3. This Court has the authority to grant declaratory relief pursuant to the Declaratory
Judgment Act, 28 U.S.C. 2201 et seq.
4. Venue is proper under 5 U.S.C. 552(a)(4)(B) and 28 U.S.C. 1391(e).
III. PARTIES
5. Plaintiff Commonwealth of Massachusetts is represented by its Attorney General,
Maura Healey, with a principal place of operation at One Ashburton Place, Boston,
Massachusetts 02108.
6. Plaintiff State of California is represented by its Attorney General,
Xavier Becerra, with a principal place of operation at 1300 I Street, Sacramento, California
95814.
7. Plaintiff District of Columbia is represented by its Attorney General,
Karl A. Racine, with a principal place of operation at 441 4th Street, NW, Washington, D.C.
20001.
2
8. Plaintiff State of Hawaii is represented by its Attorney General, Douglas S. Chin,
with a principal place of operation at 425 Queen Street, Honolulu, Hawaii 96813.
9. Plaintiff State of Illinois is represented by its Attorney General, Lisa Madigan,
with a principal place of operation at 100 W. Randolph Street, Chicago, Illinois 60601.
10. Plaintiff State of Iowa is represented by its Attorney General, Tom Miller, with a
principal place of operation at 1305 E. Walnut Street, Des Moines, Iowa 50319.
11. Plaintiff State of Maryland is represented by its Attorney General, Brian E. Frosh,
with a principal place of operation at 200 Saint Paul Place, Baltimore, Maryland 21202.
12. Plaintiff State of New York is represented by its Attorney General,
Eric T. Schneiderman, with a principal place of operation at 120 Broadway, 23rd Floor, New
York, New York 10271.
13. Plaintiff State of Oregon is represented by its Attorney General, Ellen F.
Rosenblum, with a principal place of operation at 1162 Court Street NE, Salem, Oregon 97301.
14. Plaintiff State of Washington is represented by its Attorney General, Bob
Ferguson, with a principal place of operation at 800 Fifth Avenue, Suite 2000, Seattle,
Washington 98104.
15. Defendant DHS is the federal department that oversees the three component
agencies from which the Plaintiff States seek records. DHS is headquartered at 245 Murray
Lane, SW, Washington, D.C. 20528, and in Massachusetts at 408 Atlantic Avenue, Boston,
16. Defendant ICE is a federal agency within DHS that enforces federal laws
governing border control, customs, trade, and immigration. ICE is headquartered at 500 12th
Street, SW, Washington, D. C. 20536, and in Massachusetts at the Office of the Principal Legal
3
Advisor, John F. Kennedy Federal Bldg., 15 New Sudbury Street, Room 425,
Boston, Massachusetts 02203.
17. Defendant USCIS is a federal agency within DHS that oversees lawful
immigration to the United States. USCIS is headquartered at 20 Massachusetts Avenue, NW,
Washington, B.C. 20008, and in Massachusetts at the John F. Kennedy Federal Bldg., 15 New
Sudbury Street, Room E-160, Boston, Massachusetts 02203.
18. Defendant CBP is a federal agency within DF1S that is charged with regulating
and facilitating international trade, collecting import duties, and enforcing U.S. regulations,
including trade, customs, and immigration. CBP is headquartered at 1300 Pennsylvania Avenue,
NW, Washington, D.C. 20229, and in Massachusetts at 10 Causeway Street, Room 801, Boston,
IV. STATUTORY FRAMEWORK
19. FOIA promotes open government by providing every person with a right to
request and receive federal agency records. 5 U.S.C. 552(a)(3)(A).
20. In furtherance of its purpose to encourage open government, FOIA imposes strict
deadlines on agencies to provide responsive documents to FOIA requests. Id. 552(a)(6)(A).
21. An agency must comply with a FOIA request by issuing a determination within
20 business days after receipt of the request. Id. 552(a)(6)(A)(i).
22. The determination "must at least inform the requester of the scope of the
documents that the agency will produce, as well as the scope of the documents that the agency
plans to withhold under any FOIA exemptions." Citizens for Responsibility & Ethics in Wash. v.
Fed. Election Comm'n, 711 F.3d 180, 186 (D.C. Cir. 2013).
4
23. An agency may be entitled to one ten-day extension of time to respond to a
request if it provides written notice to the requester explaining that "unusual circumstances" exist
that warrant additional time. 5 U.S.C. 552(a)(6)(B).
24. An agency must immediately notify the requester of its determination whether to
comply with a request, and the reasons for it, and of the right of such person to appeal an adverse
determination. Id. 552(a)(6)(A)(i). Further, an agency shall make available a FOIA public
liaison to aid the requestor in limiting the scope of the request so that it may be processed within
the statutory time limit. Id. 552(a)(6)(B)(ii).
25. An agency's failure to comply with any timing requirements is deemed
constructive denial and satisfies the requester's requirement to exhaust administrative remedies.
Id. 552(a)(6)(C)(i).
26. A FOIA requester who exhausts administrative remedies may petition the court
for injunctive and declaratory relief from the agency's continued withholding of public records.
Id 552(a)(4)(B).
V. FACTS
27. On June 29, 2017, Plaintiff States sent a request by mail and via electronic
submission to ICE, USCIS, and CBP ("the Request"). The Request sought records generally
grouped into three categories; (1) Records related to the Deferred Action for Childhood Arrivals
program (DACA); (2) Records related to arrests and/or detentions of individuals at certain
locations; and (3) Records related to ICE or CBP detainer requests and databases.
{See Exhibit A.)
28. ICE, USCIS, and CBP are "agenc[ies]" within the meaning of
5
5 U.S.C. 552(f)(1) and therefore must comply with the nondiscretionary statutory requirements
of FOIA.
29. On July 6, 2017, ICE confirmed receipt of the Request by email and assigned case
number 2017-ICFO-35710. This email stated, in part, "Due to the increasing number of FOIA
requests received by this office, we may encounter some delay in processing your request." In
this email, ICE invoked a 10-day extension to respond to the request, pursuant to
5 U.S.C. 552(a)(6)(B). (See Exhibit B.)
30. On July 6, 2017, USCIS confirmed receipt of the Request by letter and assigned
the following number, described as a "control number": COW2017000804. This letter stated, in
part, "The statutory time limits for processing your request cannot be met because of unusual
circumstances, and it will be necessary to extend the time limits for processing beyond the ten
working days due to the need to search for and collect the requested records from field facilities
or other establishments that are separate from the office processing the request." The letter
stated that USCIS employs a first-in, first-out multi-track system for responding to FOIA
requests, and that Plaintiffs' request had been assigned to "Track 2," indicating a complex
request. (See Exhibit C.)
31. On July 10, 2017, CBP confirmed receipt of the Request by letter and assigned
tracking number CBP-2017-071047. (See Exhibit D.)
32. Since the receipt of these confirmations from Defendants, Plaintiff States have
monitored the progress of the Request and contacted the agencies to follow up on the status of
the Request.
33. Despite these efforts, Defendants have not produced any responsive documents.
The agencies have not objected to the Request nor provided any detailed information regarding
6
specific circumstances preventing the disclosure of the records sought. Defendants have not
provided contact information for their FOIA public liaisons to discuss the Request or discuss a
timeframe for its resolution as required by 5 U.S.C. 552(a)(6)(B)(ii).
34. Where Defendants have failed to provide any substantive responses to the
Request within the statutory timeframe, they have constructively denied the Request. As such,
Plaintiff States have exhausted their administrative remedies. 5 U.S.C. 552(a)(6)(C)(i).
35. Plaintiff States have a legal right to the requested records. Defendants have
improperly withheld those records, forcing Plaintiff States to file suit to enforce their rights
under FOIA.
36. As chief law enforcement officers of their respective states, responsible for
protecting the safety, welfare, and civil rights of their residents, the Attorneys General, acting on
behalf of the Plaintiff States, have a compelling and immediate need for the information
requested.
37. The federal government has significantly increased its immigration enforcement
activities, including, for example, a nearly 40% increase in arrests within the first four months of
2017. See ICE ERO IMMIGRATION ARRESTS CLIMB NEARLY 40%,
https://www.ice.gov/features/1OO-days (last visited October 16, 2017). Further, the federal
government is broadening the scope of people targeted for enforcement.
38. It is critical for Plaintiff States to understand the nature of federal immigration
enforcement activities and the effects of these activities on the residents and law enforcement
agencies of the respective States.
7
VI. STATEMENT OF CLAIMS
Count I: Failure to Respond to Request Within Statutory Timeframe
39. Plaintiff States re-allege and incorporate the foregoing paragraphs as if set forth in
Ml.
40. Defendants failed to respond to the Request within the statutorily mandated
timeframe, in violation of Plaintiff States' rights under FOIA, including but not limited to
5 U.S.C. 552(a)(6)(A)(i) and (6)(B).
Count II: Failure to Identify FOIA Public Liaisons
full.
42. At no time after receipt of the Request have Defendants provided contact
information for their FOIA public liaisons, or otherwise made such liaisons available to Plaintiff
States.
43. Defendants' failure to provide contact information for their FOIA public liaisons
or make them available to Plaintiff States violated Plaintiff States' rights under FOIA, including
but not limited to 5 U.S.C. 552(a)(6)(B)(ii).
Count III: Failure to Produce Responsive Records
full.
45. Defendants failed to make reasonable efforts to search for records responsive to
the Request, in violation of Plaintiff States' rights under FOIA, including but not limited to
5 U.S.C. 552(a)(3).
46. Defendants failed to disclose and produce any records responsive to the Request,
in violation of Plaintiff States' rights to those records under FOIA, including but not limited to
8
5 U.S.C. 552(a)(3)(A).
47. Defendants failed to disclose and produce records responsive to the Request
without a legal basis for withholding such records, in violation of FOIA, including but not
limited to 5 U.S.C. 552(a)(3)(A) and (6)(A).
48. Plaintiff States are entitled to their reasonable attorneys' fees and costs under
5 U.S.C. 552(a)(4)(E).
PRAYER FOR RELIEF
WHEREFORE, the Commonwealth of Massachusetts together with Plaintiffs District of
Columbia and the States of California, Hawaii, Illinois, Iowa, Maryland, New York, Oregon, and
Washington request that this Court:
(a) Expedite its consideration of this action pursuant to 28 U.S.C. 1657;
(b) Find that Defendants' failure timely to respond or disclose records was unlawful;
(c) Order Defendants to search for and promptly disclose all records responsive to
Plaintiff States' Request;
(d) Award Plaintiff States' attorneys' fees and costs; and
(e) Grant such other relief as the Court may deem just and proper;
9
Respectfully Submitted,
COMMONWEALTH OF MASSACHUSETTS
MAURA HEALEY
ATTORNEY GENERAL
Jonathan Sclarsic, BBO # 672540

Sara A. Colb, BBO # 680972
Kevin W. Manganaro, BBO #690082
Assistant Attorneys General
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
Phone: (617) 727-2200
Fax: (617) 727-5785
Jonathan.Sclarsic@state.ma.us
Sara.Colb@state.ma.us
Kevin.Manganaro@state.ma.us*
(District Court admission pending)
STATE OF CALIFORNIA DISTRICT OF COLUMBIA
XAVIER BECERRA KARL A. RACINE

ATTORNEY GENERAL ATTORNEY GENERAL
/s Satoshi Yanai /s Robyn R. Bender

Satoshi Yanai Robyn R.Bender
Supervising Deputy Attorney General Deputy Attorney General
California Department of Justice Public Advocacy Division
Civil Rights Enforcement Section 441 4th Street, NW
Underground Economy Unit Suite 650 North
300 S. Spring Street, Suite 1702 Washington, DC 20001
Los Angeles, CA 90013 Phone: (202) 724-6610
Phone: (213)269-6400 Fax: (202) 730-0650
satoshi.yanai@doj .ca.gov robyn.bender@dc.gov
(pro hac vice motion forthcoming) {pro hac vice motion forthcoming)
10
STATE OF HAWAII STATE OF IOWA
DOUGLAS S. CHIN TOM MILLER

/s Stella M.L. Kam /s Nathan Blake

Stella MX. Kam Nathan Blake
Deputy Attorney General Deputy Attorney General
Administration Division Office of the Attorney General of Iowa
Department of the Attorney General 1305 E. Walnut St.
425 Queen Street Des Moines, IA 50319
Honolulu, HI 96813 Phone: (515) 281-4325
Phone: (808) 586-0618 nathan. blake@iowa.gov
Fax: (808) 586-1372 {pro hac vice motion forthcoming)
stella.m.kam@hawaii.gov
{pro hac vice motion forthcoming)
STATE OF ILLINOIS STATE OF MARYLAND
LISA MADIGAN BRIAN E. FROSH

/s Caitlyn McEllis /s Steven M. Sullivan

Caitlyn McEllis Steven M. Sullivan
Assistant Attorney General Solicitor General
Public Interest Division 200 Saint Paul Place
Office of the Illinois Attorney General Baltimore, MD 21202
100 W. Randolph Street Phone: (410) 576-6427
Chicago, IL 60601 ssullivan@oag.state.md.us
Phone: (312) 814-3400 {pro hac vice motion forthcoming)
Fax: (312)814-3212
CMcEllis@atg.state.il.us
{pro hac vice motion forthcoming)
11
STATE OF NEW YORK STATE OF WASHINGTON
ERIC T. SCHNEIDERMAN BOB FERGUSON

/s Lourdes M. Rosado /s Chalia Stallings-Ala ilima

Lourdes M. Rosado Chalia Stallings-Alailima
Bureau Chief, Civil Rights Bureau Assistant Attorney General
NYS Office of the Attorney General Office of the Attorney General
120 Broadway, 23rd Floor 800 Fifth Avenue, Suite 2000
New York, NY 10271 Seattle, WA 98104
Phone: (212)416-8252 Phone: (206) 326-5480
Fax: (212)416-6030 Chalias@atg.wa.gov
Lourdes.Rosado@ag.ny.gov (pro hac vice motion forthcoming)
(pro hac vice motion forthcoming)
STATE OF OREGON
ELLEN F. ROSENBLUM
ATTORNEY GENERAL
/s Scott J. Kaplan
Scott J. Kaplan
Senior Assistant Attorney General
Special Litigation Unit
Trial Division Oregon Department of Justice
100 Market Street Portland, OR 97201
Phone: (971) 673-5037
Fax: (971) 673-5000
Scott.Kaplan@doj .state.or.us
{pro hac vice motion forthcoming) DATED: October 17, 2017
12
Exhibit A
THE COMMONWEALTH OF MASSACHUSETTS

OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108
MAURA HEALEY (617) 727-2200
ATTORNEY GENERAL (617) 727-4765 TTY
www.mass.gov/ago
June 29, 2017
U.S. Immigration and Customs Enforcement

Freedom of Information Act Office
500 12th Street, SW, Stop 5009
Washington, DC 20536-5009
U.S. Citizenship and Immigration Services

National Records Center, FOIA/PA Office
P.O. Box 648010
Lee's Summit, MO 64064-8010
U.S. Customs and Border Protection

ATTN: Sabrina Burroughs, FOIA Officer
1300 Pennsylvania Ave, NW
Room 3.3D
Washington, DC 20229
To whom it may concern:
The President's Executive Orders, and the steps taken by the Department of Homeland
Security to implement those orders, have generated new fears and uncertainties in immigrant
communities across the country. Families are afraid to send their children to school. People are
avoiding necessary medical treatment. Victims and witnesses are not reporting crimes or
cooperating with state and local law enforcement. As the attorneys general of our respective
states, we believe the "chilling effect" of these new policies undercuts public health, safety, and
welfare.
The lack of transparency surrounding the Administration's enforcement activities and

priorities is greatly exacerbating the fear in immigrant communities and decreasing cooperation
with local law enforcement. Widely circulated reports in national and local media recount
detentions and deportations of parents with young children, individuals approved for Deferred
Action for Childhood Arrivals ("DACA"), and individuals meeting with federal immigration
officials to discuss their status. Arrests are occurring in the vicinity of locations previously
deemed by the Department of Homeland Security or its components as "sensitive," as well as in
or around courthouses. Detainer requests are being issued more frequently to our state and local
law enforcement officials and detention facilities. Meanwhile, accurate information on the
numbers of and bases for detentions, deportations, and detainer requests, as well as actions taken
upon those requests, has not been made available to our states or to the general public. To the
contrary, we have learned that the Department of Homeland Security has reduced the amount of
information it makes available about detentions, detainer requests, and deportations, at the same
time it is significantly increasing its efforts to detain and deport, and to issue detainer requests
concerning, residents of our states.
To better understand how the Department of Homeland Security is implementing its

immigration enforcement policies, this letter contains a series of requests made under the
Freedom of Information Act ("FOIA"), 5 U.S.C. 522. As you are aware. Immigration and
Customs Enforcement ("ICE"), Customs and Border Protection ("CBP"), and U.S. Citizenship
and Immigration Services ("USCIS") are subject to the requirements of FOIA.
Instructions. Unless otherwise stated in a specific request, the date range of this request
is for records in the custody, control, or possession of ICE, CBP, and USCIS, and all respective
subdivisions of each entity, between October I, 2016 and the date of this request. For each
request in which data or other compilations of information are sought, please provide a state-by-
state breakdown of such data or compilations of information, should it exist. Nothing in these
requests should be interpreted to be seeking personally identifiable information such as
names or addresses.
Definitions. For the purpose of these requests, the following are defined as:
"Administration" - The President of the United States, the President of the United States'
staff. White House staff, or any person communicating on behalf of those individuals.
"Any record" - Records sufficient to provide the information sought in a particular

request, excluding redundant or duplicative records and any personally identifiable
information.
"All records" - Each and every record responsive to a particular request, excluding any
personally identifiable information.
"DACA" - Deferred Action for Childhood Arrivals.
"Memorandum" - Includes any policy directive, analysis, white paper, or order.
"Policies" - Includes any policy, procedure, manual, guidebook, protocol, or handbook.
"Respective States" - California, District of Columbia, Hawaii, Illinois, Iowa,

Massachusetts, Maryland, New York, Oregon, and Washington.
"Sensitive Locations" - Includes, but is not limited to, schools, including daycares and
bus stops; medical treatment and health care facilities, including hospitals and doctors'
offices; churches, synagogues, mosques, or other institutions of worship, such as
buildings rented for the purpose of religious services; the site of a funeral, wedding, or
2
other public religious ceremony; and a site during the occurrence of a public
demonstration, such as a march, rally, or parade.1
We hereby request any and all records that reflect the following information:
1. Records related to DACA, specifically:
a. All memoranda issued from the Administration and/or the Department of

Homeland Security regarding DACA;
b. Any record containing information and/or data reflecting the number of

individuals residing in our respective states whose deferred action under the
DACA process have been terminated;
c. All records regarding the detention and/or deportation of any individual residing
in our respective states previously granted an approval or extension of DACA
since its initiation on June 15, 2012, including the specific factual basis for
detaining and/or initiating deportation proceedings for each individual
notwithstanding their DACA status; and
d. All policies, procedures, and training documents that were in effect between
October 1, 2016 and the date of this request concerning the process for checking
an individual's DACA status prior to arresting, issuing a detainer request,
initiating a removal proceeding, or removing an individual.
2. Records related to arrests and/or detentions of individuals at certain locations,

specifically:

Homeland Security regarding ICE or CBP designated sensitive locations;
b. Any record containing information and/or data reflecting the number of

individuals in our respective states arrested and/or detained at, or within 100
exterior feet of an entrance or exit to, an ICE or CBP designated sensitive
location;
c. All memoranda issued from the Administration and/or the Department of

Homeland Security regarding ICE or CBP immigration enforcement at, or within
100 exterior feet of an entrance or exit to, a state or local courthouse;
d. Any record containing information and/or data reflecting the number of

individuals in our respective states arrested and/or detained at an ICE or CBP
designated check-in and/or interview;
1This definition is intended to comport with the definition currently in use by the Department of Homeland
Security. See https://ww\v.ice.gov/ero/enforceiTient/sensitive-loc (last visited June 28, 2017).
3
e. Any record containing information and/or data reflecting the number of

exterior feet of an entrance or exit to, a courthouse (excluding those arrested or
detained pursuant to a courthouse official's voluntary cooperation with a detainer
request);
f. Copies of all 1-213 forms that contain the term "courthouse" or "court house;"
g. Any chart, spreadsheet, data compilation, or record that shows any of the
following relating to Form 1-9 audits in our respective states:
i. The action taken and its outcome;
ii. The business sector, industry, or category of the employer;
iii. The size of the employer; and
iv. The location of the employer;
h. All memoranda issued from the Administration and/or the Department of

Homeland Security regarding Form 1-9 audits;
i. Any record containing information and/or data reflecting the number of

exterior feet of an entrance or exit to, the individual's workplace or jobsite; and
j. All memoranda issued from the Administration and/or the Department of

Homeland Security regarding workplace and/or jobsite enforcement actions.
3. Records related to ICE or CBP detainer requests and databases, specifically:
a. Any chart, spreadsheet, data compilation, or record that shows any of the
following:
i. All detainer requests issued in our respective states by ICE or CBP;
ii. The immigration status of individuals in our respective states for whom
ICE or CBP requested a detainer;
iii. The nationality/citizenship of individuals in our respective states for

whom ICE or CBP requested a detainer, including those individuals with
U.S. citizenship;
iv. All cancelled detainer requests issued in our respective states by ICE or
CBP;
4
V. All ICE or CBP detainer requests issued in our respective states that were
later determined to be based on the mistaken identity of the subject;
vi. For each individual in our respective states for which ICE or CBP issued a
detainer request, the individual's criminal history, or, any indication that
the individual has no criminal history; and/or
vii. All ICE or CBP detainer requests in our respective states that were later
determined to concern a United States citizen or individual otherwise not
subject to removal and/or deportation;
b. All records reflecting detainer requests issued in our respective states by ICE or
CBP that were later determined to be based on the mistaken identity of the
subject;
c. All records reflecting detainer requests issued in our respective states by ICE or
CBP for an individual later determined to be a United States citizen or otherwise
not subject to removal and/or deportation;
d. All memoranda, policies, procedures, and training documents that were in effect
between October 1, 2016 and the date of this request relating to the process for
issuing, withdrawing, and deciding whether to undertake enforcement on the basis
of a detainer request; and
e. Any record describing the databases used by ICE or CBP for immigration
enforcement, including but not limited to any record describing the fields
maintained in each such database.
If responsive data exists in a database but not in a specific record, we request that you run
a query to produce the data set in response to the request, with the data properly correlated. See
Nat'l Sec. Counselors v. Cent. Intelligence Agency, 898 F. Supp. 2d 233, 270 (D.D.C. 2012) ("In
responding to a FOIA request for 'aggregate data,' therefore, an agency need not create a new
database or a [sic] reorganize its method of archiving data, but if the agency already stores
records in [its] electronic database, searching that database does not involve the creation of a new
record."); Long v. U.S. Dep't of Justice. 450 F. Supp. 2d 42, 48 (D.D.C. 2006) ("fields of data"
in a database are subject to FOIA). In an effort to assist the agency in complying with these
requests, where responsive records would offer identical or redundant information to other
records to be provided in response to these requests, the agency may note this in its response and
withhold the records with redundant information.
We also request that all fees be waived as these requests are in the public interest. In the
event that there are fees, please inform us of the total charges in advance of fulfilling these
requests. We request that your responses be fulfilled electronically.
5
Thank you in advance for your attention to this matter. If you have any questions or wish
to clarify any request, please do not hesitate to contact Jonathan Sclarsic, Assistant Attorney
General in the Massachusetts Attorney General's Office, at 617-963-2045. We look forward
to receiving your response to these requests within twenty (20) business days, as required by
FOIA.
Sincerely,
Maura Cavier Becerr|

California Attorney General
Karl A. Racine Douglas S. Chin

District of Columbia Attorney General Hawaii Attorney General
Tom Miller Lisa Madigan

Iowa Attorney General Illinois Attorney General
A,
/
Brian E. Frosh Eric T. Schneiderman

Maryland Attorney General New York Attorney General
4311en F. Rosenblum
%Ai P
Bob Ferguson
Oregon Attorney General Washington Attorney General
6
Exhibit B
Manganaro, Kevin (AGO)
From: US DHS Immigration and Customs Enforcement FOIA Office <ice-foia@dhs.gov>

Sent: Thursday, July 6, 2017 3:18 PM
To: Sclarsic, Jonathan (AGO)
Subject: ICE FOIA Request 2017-ICFO-35710
Follow Up Flag: Follow up

Flag Status: Flagged
July 06, 2017
JOHNATHAN SCLARSIC
MASSACHUSETTS ATTORNEY GENERAL OFFICE
OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
BOSTON, MA 02108
RE: ICE FOIA Case Number 2017-ICFO-35710
Dear Mr. SCLARSIC;
This acknowledges receipt of your June 29, 2017, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE),
for any and all records that reflect the following information for the following respective states; California, District of Columbia, Hawaii, Illinois,
Iowa, Massachusetts, Maryland, New York, Oregon, and Washington; records relating to DACA; records relating to arrests and/or detention of
individuals at certain locations; records related detainer requests and database, see request for specific details.. Your request was received in this
office on June 29, 2017.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a)
of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE's goal is to respond
within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous
documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5
U.S.C. 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your
request in a timely manner.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the
DHS Interim FOIA regulations as they apply to non-commercial requesters. As a non-commercial requester, you will be charged 10 cents per page
for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for
clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher. We will construe the submission of your
request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued.
We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for
determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We
appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2017-ICFO-35710. Please refer to this identifier in any future
correspondence. To check the status of an ICE FOIA/PA request, please visit http://www.dhs.Qov/foia-status. Please
note that to check the status of a request, you must enter the 2016-ICFO -XXXXX or 2017-ICFO -XXXXX tracking
number. If you need any further assistance or would like to discuss any aspect of your request, please contact the
FOIA office. You may send an e-mail to lce-foia@ice,dhs.gov, call toll free (866) 633-1182, or you may contact our
FOIA Public Liaison in the same manner. Additionally, you have a right to right to seek dispute resolution services
from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and
Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which
is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made
under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National
Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at
ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Regards,
1
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.aov/foia
Exhibit C
Case 1:17-cv-12022-FDS Document 1 Filed 10/17/17U.S.Page 24 ofof 27
Department Homeland Security
National Records Center
P.O. Box 648010
Lee's Summit, MO 64064-8010
U.S. Citizenship
and Immigration
Services
July 6, 2017 COW2017000804
Maura Healey
Office of the Attorney General
One Ashburton Place
Boston, MA 02108
Dear Maura Healey:
We received your request on June 30, 2017, for information relating to

1. Records related to DACA, specifically:

Homeland Security regarding DACA;
b. Any record containing information and/or data reflecting the number of individuals
residing in our respective states whose deferred action under the DACA process have
been terminated;
c. All records regarding the detention and/or deportation of any individual residing in our
respective states previously granted an approval or extension of DACA since its initiation on
June 15, 2012, including the specific factual basis for detaining and/or initiating deportation
proceedings for each individual notwithstanding their DACA status; and
d. All policies, procedures, and training documents that were in effect between October 1,
2016 and the date of this request concerning the process for checking an individual's DACA
status prior to arresting, issuing a detainer request, initiating a removal proceeding, or
removing an individual.
g. Any chart, spreadsheet, data compilation, or record that shows anv of the
following relating to Form 1-9 audits in our respective states:
i. The action taken and its outcome;
ii. The business sector, industry, or category of the employer;
iii. The size of the employer; and
iv. The location of the employer;
h. All memoranda issued from the Administration and/or the Department of

Homeland Security regarding Form 1-9 audits;
www.uscis.gov
COW2017000804
Page 2
The rest of your request will be handled by ICE or GBP.
Your request is being handled under the provisions of the Freedom of Information Act (5 U.S.C. 552).
It has been assigned the following control number: COW2017000804. Please cite this number in all
future correspondence about your request.
We respond to requests on a first-in, first-out basis and on a multi-track system. Your request has been
placed in the complex track (Track 2).
In accordance with Department of Homeland Security Regulations (6 C.F.R. 5.4(a)), USCIS uses a
"cut-off date to delineate the scope of a FOIA request by treating records created after that date as not
responsive to that request. Therefore, in determining which records are responsive to your request, we
will only include records in the possession of this agency as of July 6, 2017, the date we began the search
for records.
In accordance with Department of Homeland Security Regulations (6 C.F.R. 5.3(c)), your request is
deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00. Fees may be
charged for searching for records sought at the respective clerical, professional, and/or managerial rates of
$4.00/$7.00/$10.25 per quarter hour, and for duplication of copies at the rate of $.10 per copy.
The statutory time limits for processing your request cannot be met because of unusual circumstances,
and it will be necessary to extend the time limits for processing beyond the ten working days due to the
need to search for and collect the requested records from field facilities or other establishments that are
separate from the office processing the request. In the interim if you have questions about the status of
your request, you may contact Dawn Horn by e-mail Dawn.d.hom@uscis.dhs.gov.
This office will be providing your records on a Compact Disc (CD) for use on your personal computer.
The CD is readable on all computers through the use of Adobe Acrobat software. A version of Adobe
Acrobat will be included on the CD. Your records can be viewed on your computer screen and can be
printed onto paper. Only records 15 pages or more are eligible for CD printing. To request your
responsive records on paper, please include your control number and write to the above address Attention:
FOIA/PA Officer,, or fax them to (816) 350-5785.
You may check the status of your FOIA request online, at www.uscis.gov. Click on "FOIA Request
Status Check" located on the left side of the web page under "Other Services", and follow the instructions.
All FOIA/PA related requests, including address changes, must be submitted in writing and be signed by
the requester. Please include the control number listed above on all correspondence with this office.
Requests may be mailed to the FOIA/PA Officer at the PO Box listed at the top of the letterhead, or sent
by fax to (816) 350-5785. You may also submit FOIA/PA related requests to our e-mail address at
uscis.foia@uscis.dhs.gov.
Sincerely,
Jill A. Eggleston
Director, FOIA Operations
Exhibit D
1300 Pennsylvania Avenue NW
Washington, DC 20229
IIS. Customs and

Border Protection
Jonathan Sclarsic
THE COMMONWEALTH OF MASSACHUSETTS
ONE ASHBURTON PLACE
BOSTON, MA 02108
RECEIVED July 10, 2017
1 8 2017 CBP-2017-071047
OFFICEJQF MA-ATTORNEV (jtNERrVL.

DIVISION OF OPEN GOVERNMENT
Dear Jonathan Sclarsic,
This automated notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S.
Customs and Border Protection (CBP) received in the mail from you on 07/06/2017. Please use the
following unique FOIA tracking number CBP-2017-071047 to track the status of your request.
In the future, please submit your FOIA requests to CBP electronically. It's very easy to do, and there are
many reasons why filing online is the most expeditious way to submit a FOIA request.
How to submit a FOIA request electronically to U.S. Customs and Border Protection (CBP)?
To submit a FOIAonline request online simply go to your search engine (i.e., google, etc.) and type
FOIAonline, then hit enter. That will take you to the FOIAonline site. From there, press the green button
on the right "Create an Account' and follow the prompts to create a FOIAonline account, then press the
green button in the middle "Make a FOIA Request"and follow the prompts to submit a FOIA request.
Submitting a FOIA request online is the preferred method (vs. postal mail) for many reasons:
You will immediately receive a unique FOIA tracking number and acknowledgment that your FOIA
request was received by CBP.
You will be able to track your FOIA request any day/any time through your FOIAonline account.
You will receive an email to retrieve responsive records or document via your FOIAonline account, when
records or documents become available.
You can view all of your historical FOIA requests via the "dashboard" \n your FOIAonline account.
FOIAs requests for travel records require: 1) subject's name, 2) subject's date of birth, and 3) third party
consent (if applicable).
Sincerely,
Tonarra White
U.S. Customs and Border Protection
Case 1:17-cv-12022-FDS Document 1-1 Filed 10/17/17 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Commonwealth of Massachusetts, District of Columbia, States of US Department of Homeland Security, US Immigration and Customs
California, Hawaii, Iowa, Illinois, Maryland, New York, Oregon, and Enforcement, US Citizenship and Immigration Services, US Customs
Washington and Border Protection
(b) County of Residence of First Listed Plaintiff Suffolk, MA County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Jonathan Sclarsic, MA Attorney General 's Office, One Ashburton Place,
Boston, MA 02108, 617-963-2045
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
5 U.S.C. 552
VI. CAUSE OF ACTION Brief description of cause:
Failure to Respond to Freedom of Information Request
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/17/2017 /s Jonathan Sclarsic
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 06/17) Case 1:17-cv-12022-FDS Document 1-1 Filed 10/17/17 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)

Commonwealth of Massachusetts, et al., v. United States Department of Homeland Security, et al.
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local
rule 40.1(a)(1)).
I. 410, 441, 470, 535, 830*, 891, 893, 895, R.23, REGARDLESS OF NATURE OF SUIT.
II. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442, 443, 445, 446, 448, 710, 720,
740, 790, 820*, 840*, 850, 870, 871.
III. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 367, 368, 375, 385,
400,422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 625, 690, 751, 791, 861-865, 890, 896,
950.
*Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this
district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES NO
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC
2403)
YES NO

If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES NO
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC 2284?
YES NO

7. Do all of the parties in this action, excluding governmental agencies of the United States and the Commonwealth of
Massachusetts (governmental agencies), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)).
YES NO
A. If yes, in which division do all of the non-governmental parties reside?
Eastern Division Central Division Western Division

B. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies,
residing in Massachusetts reside?
Eastern Division Central Division Western Division

8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes,
submit a separate sheet identifying the motions)
YES NO
(PLEASE TYPE OR PRINT)
ATTORNEY'S NAME Jonathan Sclarsic
ADDRESS One Ashburton Place, 20th Floor, Boston, MA 02108
TELEPHONE NO. 617-963-2045
(CategoryForm-201.wpd )
AO 440 (Rev. 06/12) Summons in a Civil Action

for the
District District
__________ of Massachusetts
of __________
COMMONWEALTH OF MASSACHUSETTS, et al., )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 17-12022
)
DEPARTMENT OF HOMELAND SECURITY, et al., )
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) Dept. of Homeland Security, 245 Murray Lane, SW, Washington, D.C. 20528;
Immigration and Customs Enforcement, 500 12th Street, SW, Washington, D. C.
20536; Citizenship and Immigration Services, 20 Massachusetts Avenue, NW,
Washington, D. C. 20008; Customs and Border Protection; 1300 Pennsylvania
Avenue, NW, Washington, D.C. 20229.
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Jonathan Sclarsic
Assistant Attorney General
Massachusetts Attorney General's Office
One Ashburton Place, 20th Floor
Boston, MA 02108
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-12022
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
u I personally served the summons on the individual at (place)

on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:

2017-10-17 Healey Foia V Dhs

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

2017-10-17 Healey Foia V Dhs

Uploaded by

Copyright:

Available Formats

Case 1:17-cv-12022-FDS Document 1 Filed 10/17/17 Page 1 of 27

UNITED STATES DISTRICT COURT

1. Plaintiffs the Commonwealth of Massachusetts, State of California, District of

to disclose all responsive records improperly withheld from Plaintiff States.

11. JURISDICTION AND VENUE

2. This Court has jurisdiction over this action pursuant to FOIA,

under 28 U.S.C. 1331.

Judgment Act, 28 U.S.C. 2201 et seq.

4. Venue is proper under 5 U.S.C. 552(a)(4)(B) and 28 U.S.C. 1391(e).

5. Plaintiff Commonwealth of Massachusetts is represented by its Attorney General,

6. Plaintiff State of California is represented by its Attorney General,

7. Plaintiff District of Columbia is represented by its Attorney General,

8. Plaintiff State of Hawaii is represented by its Attorney General, Douglas S. Chin,

9. Plaintiff State of Illinois is represented by its Attorney General, Lisa Madigan,

12. Plaintiff State of New York is represented by its Attorney General,

York, New York 10271.

13. Plaintiff State of Oregon is represented by its Attorney General, Ellen F.

14. Plaintiff State of Washington is represented by its Attorney General, Bob

Boston, Massachusetts 02203.

immigration to the United States. USCIS is headquartered at 20 Massachusetts Avenue, NW,

Sudbury Street, Room E-160, Boston, Massachusetts 02203.

IV. STATUTORY FRAMEWORK

request and receive federal agency records. 5 U.S.C. 552(a)(3)(A).

deadlines on agencies to provide responsive documents to FOIA requests. Id. 552(a)(6)(A).

20 business days after receipt of the request. Id. 552(a)(6)(A)(i).

23. An agency may be entitled to one ten-day extension of time to respond to a

that warrant additional time. 5 U.S.C. 552(a)(6)(B).

the statutory time limit. Id. 552(a)(6)(B)(ii).

25. An agency's failure to comply with any timing requirements is deemed

{See Exhibit A.)

5 U.S.C. 552(a)(6)(B). (See Exhibit B.)

request. (See Exhibit C.)

tracking number CBP-2017-071047. (See Exhibit D.)

timeframe for its resolution as required by 5 U.S.C. 552(a)(6)(B)(ii).

Plaintiff States have exhausted their administrative remedies. 5 U.S.C. 552(a)(6)(C)(i).

2017. See ICE ERO IMMIGRATION ARRESTS CLIMB NEARLY 40%,

https://www.ice.gov/features/1OO-days (last visited October 16, 2017). Further, the federal

government is broadening the scope of people targeted for enforcement.

agencies of the respective States.

VI. STATEMENT OF CLAIMS

Count I: Failure to Respond to Request Within Statutory Timeframe

5 U.S.C. 552(a)(6)(A)(i) and (6)(B).

Count II: Failure to Identify FOIA Public Liaisons

but not limited to 5 U.S.C. 552(a)(6)(B)(ii).

Count III: Failure to Produce Responsive Records

limited to 5 U.S.C. 552(a)(3)(A) and (6)(A).

PRAYER FOR RELIEF

WHEREFORE, the Commonwealth of Massachusetts together with Plaintiffs District of

Washington request that this Court:

(a) Expedite its consideration of this action pursuant to 28 U.S.C. 1657;

Plaintiff States' Request;

(d) Award Plaintiff States' attorneys' fees and costs; and

Jonathan Sclarsic, BBO # 672540

STATE OF CALIFORNIA DISTRICT OF COLUMBIA

XAVIER BECERRA KARL A. RACINE

/s Satoshi Yanai /s Robyn R. Bender

STATE OF HAWAII STATE OF IOWA

DOUGLAS S. CHIN TOM MILLER

/s Stella M.L. Kam /s Nathan Blake

STATE OF ILLINOIS STATE OF MARYLAND

LISA MADIGAN BRIAN E. FROSH

/s Caitlyn McEllis /s Steven M. Sullivan

STATE OF NEW YORK STATE OF WASHINGTON

Eastern Division Central Division Western Division

Eastern Division Central Division Western Division