Durbin Statement On Whistleblower Disclosure Regarding USCIS Circumventing Court Order

CHICAGO - U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today released the following statement regarding a whistleblower disclosure alleging that U.S. Citizenship and Immigration Services (USCIS) is feigning compliance with the Freedom of Information Act (FOIA) and a court order in a class action lawsuit in order to avoid court oversight.

The Nightingale court order simply requires USCIS to comply with existing FOIA law to process immigration case files and report its progress to the court. Yet, according to this whistleblower report, USCIS is trying to avoid court reporting requirements and obligations under FOIA by prematurely closing cases, even when a USCIS FOIA officer has found the case file information and could provide it to the FOIA requester. The disclosure comes after USCIS reported to the court that it had a 99 percent timely completion rate for immigration case file FOIA requests.

"Today's disclosure alleges that the DHS FOIA office wants a district court judge to believe FOIA requests are being processed more efficiently. But in fact, they are being summarily closed to cook the numbers.

"The agency's actions directly conflict with the spirit of the Nightingale lawsuit, which was filed to ensure due process for individuals who only can access their records through FOIA. They also appear to conflict with the Freedom of Information Act, which instructs agencies not to withhold information unless the agency reasonably foresees that the disclosure would harm an interest protected by a FOIA exemption.

"New policies that allow the agency to reject FOIA requests reduce transparency and are just one more way that the Trump-Noem DHS is operating with impunity. The information contained in case files is vital as immigrants increasingly are the targets of violent enforcement actions and must dispute false narratives devised by this Administration. USCIS must respond to FOIA requests fully and in a timely fashion."

Records contained in immigration case files only obtainable through FOIA are critical. For example, case files reveal details about immigration enforcement actions against an individual, including a warrant or the absence of a warrant, analysis of U.S. citizenship claims, and details about an arrest. In another example, attorneys representing vulnerable populations, such as unaccompanied minors, must obtain case file information to reconstruct basic facts like entry dates or prior shelter placements to help prepare unaccompanied minor immigrants' cases.

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