Access to Counsel Before CBP FOIA

The Council filed a lawsuit against the Department of Homeland Security (DHS) to compel the release of records relating to noncitizens’ access to counsel before Customs and Border Protection. After the Council filed suit, CBP filed a motion for summary judgment in January, 2012, asserting that it had conducted a reasonable search, but was unable to uncover any records responsive to our request. The Council opposed CBP’s motion and, in March 2012, CBP moved to withdraw its motion and to conduct a nationwide search for responsive records that would “involve over 300 Ports of Entry, approximately 130 Border Patrol Stations and 20 Border Patrol Sectors, CBP Field Operations Offices as well as additional offices at CBP headquarters. CBP released several productions of responsive documents in late 2012 and early 2013. Following discussions with the Council, CBP then conducted additional searches of certain local offices, produced additional records, and released less redacted versions of previously located documents.