Make the Road New York and Make the Road Connecticut v. DHS, Civil Action

Case Overview

Just days after the Trump administration’s attempt to terminate DACA in 2017, the National Immigration Law Center submitted a Freedom of Information Act (FOIA) request on behalf of two immigrants’ rights organizations, seeking information and records related to the Trump administration’s decision-making around and implementation of the rescission of DACA, including any intervening changes to how DACA was being administered. When the government failed to produce a single responsive document after six months, NILC filed suit to compel the Trump administration to comply with FOIA’s requirements and to disclose the records sought.   

NILC has aggressively litigated the case since then, including briefing a motion for summary judgment, which has resulted in the government’s disclosure of more than 16,000 pages of responsive documents. These documents provide critical insights into the Trump administration’s decision-making process to end DACA.  They also give a greater understanding of DACA applicant information sharing practices within the various components of DHS—a longstanding concern and focus of our clients and the larger immigrant rights movement.   

After over five years of litigation, NILC is engaged in active negotiations with the federal government while the proceedings are stayed to resolve this case without further litigation.