Judge James Robertson of the U.S. District Court for the District of Columbia has ruled that the Department of Homeland Security and its component agency, Immigration and Customs Enforcement ("ICE") established that its search for responsive records on a request for records from the Arab American Anti-Discrimation League was adequate.
Plaintiff sought records concerning data on the nationality, race, ethnicity and religion of individuals that had been detained by ICE. Defendant found certain records, but withheld them pursuant to FOIA Exemption 7(A) as well as other subpart of Exemption 7.
Judge Robertson found that defendant's search was adequate--but just barely. The Court gave deference to the defendant's explanation, which allowed it to meet the standard for a search declaration and therefore, summary judgment. Further, the Court found that the release of the withheld material could hurt pending law enforcement matters and the material therefore, was protected pursuant to FOIA Exemption 7(A).
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