SOCIAL JUSTICE BLOG
Read and share extraordinary stories from the frontlines of social change
Nationwide Class Action Affirms Immigrants’ Rights to their A-Files
This litigation has yielded an unprecedented victory. On December 17, 2020, Judge Orrick issued an order vindicating immigrants’ right to timely receive their A-Files. Finding an “unmistakable history of failing to make timely determinations on A-File FOIA requests,” the court granted declaratory relief that USCIS, ICE, and DHS have a pattern or practice of violating FOIA’s statutory deadlines. This violation, the court wrote, “undermines the fairness of immigration proceedings, particularly for the vast number of noncitizens who navigate our immigration system without assistance of counsel.” Recognizing the need for enforceable and longstanding relief, the court permanently enjoined USCIS, ICE, and DHS from further violations, and ordered defendants to reduce the backlog of A-File FOIA requests within sixty days and release quarterly compliance reports.
Don't Despair: Litigate! The Legal Community’s Response to the Family Separation Crisis & How You Can Take Action.
The response of civil and human rights advocates has been strategic litigation to remind those in power that they cannot do that, that there is a rule of law, and that it will be enforced.