Court opinion issued July 20, 2020
Manatt v. DHS (E.D. Pa.) -- finding that: (1) USCIS failed to show that it performed adequate search for records relating to government’s so-called ‘Zero-Tolerance Policy for Criminal Illegal Entry”; (2) plaintiffs did not muster enough evidence to show that USCIS has pattern or practice of violating FOIA, but stating that court “suspects that USCIS does, in fact” have one; (3) agency properly relied on Exemption 5’s deliberative process privilege to withhold deliberations about communications with press, public, and Congress, but that other withholdings were unclear; and (4) ordering senior DHS official to appear before court to explain why agency ignored court’s order to process records by certain date.
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