UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN IMMIGRATION COUNCIL, Plaintiff, v. Civil Action No. 20-1196 (TFH) U.S. DEPARTMENT OF HOMELAND SECURITY, et al. Defendants. MEMORANDUM OPINION This is a Freedom of Information Act (“FOIA”) action in which Plaintiff American Immigration Council (“AIC”) seeks records from the U.S. Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) related to ICE’s response to the COVID-19 pandemic. Plaintiff filed a Motion for Preliminary Injunction [ECF No. 6] on May 12, 2020, which Defendants opposed. The Court held two telephonic hearings on Plaintiff’s Motion, on June 2, 2020 and June 11, 2020, and as stated on the record at the conclusion of the June 11, 2020 hearing, the Court granted Plaintiff’s Motion. The Court ordered Defendants to process at least 400 pages of responsive records and release the non- exempt documents to Plaintiff by July 31, 2020, and to process the remaining responsive records and release all remaining non-exempt documents to Plaintiff by August 31, 2020. See Order [ECF No. 14]. This Memorandum Opinion provides further explanation for the Court’s decision. BACKGROUND Plaintiff is a nonprofit organization that “was established to increase public understanding of immigration law and policy, advocate for the fair and just administration of immigration laws, protect the legal rights of noncitizens and citizens, and educate the public about the enduring contributions of America’s immigrants.” Compl. ¶ 9 [ECF No. 1]. Plaintiff submitted a FOIA request to ICE on March 19, 2020, seeking protocols and guidance regarding medical screening; sanitization of facilities; detained individuals’ ability to communicate with family members and counsel; plans for separately housing individuals who are at risk; and plans to release individuals, including the use of alternatives to detention. The request also asks for data, including the numbers of detained individuals who have been tested for the COVID-19 virus, the number that have tested positive, the number that have been placed in solitary confinement and the number that have been transferred to a hospital or urgent care facility. Id. ¶ 28; see also ECF No. 1-1. ICE referred Plaintiffs’ request to DHS on April 6, 2020. See ECF No. 1-2. DHS acknowledged the transfer of the FOIA request and notified Plaintiff that its request for expedited treatment had been approved via letter dated April 8, 2020. See ECF No. 1-3. Plaintiff filed this lawsuit on May 7, 2020. On May 12, 2020, Plaintiff filed its Motion for Preliminary Injunction, requesting that the Court order Defendants to produce all non- exempt, responsive records within 30 days of the Court’s order, “or by such date as the Court deems appropriate.” Pl.’s Mot. 1. Defendants filed their Opposition [ECF No. 10] on May 26, 2020, and Plaintiff filed its Reply [ECF No. 11] on May 29, 2020. ICE identified “approximately 800 pages of potentially responsive records” to Plaintiff’s request. Opp’n at 6; Decl. of Toni Fuentes ¶ 10 (“Fuentes Decl.”) [ECF No. 10-2]. 1 With respect to processing, ICE represented that it would be ...
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