IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW Carlos Holguin (Cal Bar No. 0 S. Occidental Blvd. Los Angeles, CA 00 Telephone: -, ext. 0 Facsimile: ( - crholguin@centerforhumanrights.org Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION CENTER FOR HUMAN RIGHTS & CONSTITUTIONAL LAW, HUMAN RIGHTS WATCH, MOVIMIENTO MIGRANTE MESOAMERICANO, RED MEXICANA DE LIDERES Y ORGANIZATIONS MIGRANTES, RED DE PASTORES Y LÍDERES LATINOS DEL SUR DE CALIFORNIA, RIGHT REVEREND J. JON BRUNO, - vs - Plaintiffs, UNITED STATES DEPARTMENT OF STATE, / / / Defendant. _ Case No. :-cv- COMPLAINT FOR INJUNCTIVE, DECLARATORY AND MANDAMUS RELIEF (FREEDOM OF INFORMATION ACT.

2 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: I INTRODUCTION. This is an action under the Freedom of Information Act, U.S.C. (FOIA, to compel the United States Department of State ( State Department to disclose public records of general, non-commercial value. Plaintiffs seek access to State Department records pertaining to U.S. assistance to Mexico aimed at encouraging and supporting Mexico s policy and practice to interdict and summarily deport Central American migrants without affording them a fair opportunity to apply for asylum or other international protection. Shrouding U.S. support for Mexico s unlawful interdiction program in secrecy, defendant State Department has ( refused to waive fees for processing plaintiffs FOIA request; ( refused to expedite processing plaintiffs FOIA request; and ( refused to respond to plaintiff s FOIA request within the time limits prescribed by law or indeed by any date certain. Plaintiffs sue to enforce their right to access to non-commercial public documents without fee, or at a reduced fee, and without further delay. II JURISDICTION. This Court has jurisdiction over this action pursuant to U.S.C. (a((b and U.S.C.. Venue is properly in this judicial district pursuant to U.S.C. (a((b because several of the plaintiffs, including the, Red de Pastores y Líderes Latinos - - S. Occidental Blvd. Los Angeles, CA 00 /-

3 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: del Sur de California, and the Right Reverend John Bruno, have their principal places of business in Central District of California. III PARTIES. Plaintiff CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW (CHRCL is a California non-profit public interest law firm that advocates for the rights of immigrants, refugees and the poor. The Center periodically conducts news briefings, disseminates news updates regarding immigrants and refugees, and other materials to the broader public via and through its website. Such dissemination is among the Center s primary activities. CHRCL is a person within the meaning of U.S.C. (, and is one of the persons that requested access to defendant s records as alleged herein.. Plaintiff HUMAN RIGHTS WATCH (HRW is a nonprofit, nongovernmental human rights research and advocacy organization. HRW s primary method of advocacy is conducting investigations and publishing its findings in order to educate the public and promote the protection of civil liberties and human rights. The US Program at HRW is primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity. The U.S. Program at HRW is primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity. HRW is - - S. Occidental Blvd. Los Angeles, CA 00 /-

4 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: a person within the meaning of U.S.C. (, and is one of the persons that requested access to defendant s records as alleged herein.. Plaintiff MOVIMIENTO MIGRANTE MESOAMERICANO (Mesoamerican Migrant Movement is a non-governmental organization that comprises individuals and organizations that work to establish and expand political and social movements defending human mobility and the rights of international workers in Mesoamerica, the United States, and world-wide. The MOVIMIENTO MIGRANTE MESOAMERICANO advocates for law and public policy in all states and territories that improve compliance with fundamental principles of the international law of human rights, from the Declaration of Human Rights in to those of our modern era. The MOVIMIENTO MIGRANTE MESOAMERICANO is a person within the meaning of U.S.C. (, and is one of the persons that requested access to defendant s records as alleged herein.. Plaintiff RED MEXICANA DE LIDERES Y ORGANIZATIONS MIGRANTES (Mexican Network of Migrant Leaders and Organizations is a national non-profit, non-governmental organization that links leaders and organizations advocating for the rights of Mexican migrants in the United States. The RED MEXICANA DE LIDERES Y ORGANIZATIONS MIGRANTES seeks to empower migrants and their families in order to influence decision making and implementation of public policies which directly affect them. Plaintiff RED MEXICANA DE LIDERES Y ORGANIZATIONS MIGRANTES is a - - S. Occidental Blvd. Los Angeles, CA 00 /-

5 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: person within the meaning of U.S.C. (, and is one of the persons that requested access to defendant s records as alleged herein.. Plaintiff RED DE PASTORES Y LÍDERES LATINOS DEL SUR DE CALIFORNIA (Network of Pastors and Latino Leaders of Southern California is an organization representing approximately,0 churches and Christian institutions in Southern California. The RED DE PASTORES Y LÍDERES LATINOS DEL SUR DE CALIFORNIA advocates for just immigration policies that respect the biblical rights of the foreignborn. Congregations led by members of the RED DE PASTORES Y LÍDERES LATINOS DEL SUR DE CALIFORNIA include children and families who have sojourned through Mexico, experienced the impact of Mexico s policies and practices toward Central American refugees, and who have relatives in Central America who are being driven to flee their countries in search of safety abroad. Plaintiff RED DE PASTORES Y LÍDERES LATINOS DEL SUR DE CALIFORNIA is a person within the meaning of U.S.C. (, and is one of the persons that requested access to defendant s records as alleged herein.. Plaintiff RIGHT REVEREND J. JON BRUNO, D.D., is the Bishop Diocesan of the Episcopal Diocese of Los Angeles and leads the Episcopal Diocese of Los Angeles, which lives out God s mission as a Christian community uniting some 0,000 Episcopalians in neighborhood congregations, some 0 schools, and other specialized service institutions located in six Southern California counties. Under plaintiff Bruno s leadership, the Episcopal Diocese of Los Angeles advocates - - S. Occidental Blvd. Los Angeles, CA 00 /-

6 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: for cross-cultural engagement characterized by mutual respect and exchange, an affirmation of universal human rights, values of self-sufficiency, freedom from dependency, economic and social development, and care for how the Gospel of Christ is articulated in any given context. Plaintiff BRUNO is a person within the meaning of U.S.C. (, and is one of the persons who requested access to defendant s records as alleged herein.. Defendant UNITED STATES DEPARTMENT OF STATE is an agency of the United States charged with administering much of the U.S. s foreign assistance to Mexico. Defendant STATE DEPARTMENT has custody and control of the public records plaintiffs requested pursuant to the FOIA, as alleged herein. IV FACTUAL ALLEGATIONS. On or about September,, plaintiffs forwarded a written request pursuant to U.S.C. ( FOIA Request, to defendant STATE DEPARTMENT seeking access to the following documents: Records referencing the type and amount of U.S. governmental assistance to Mexico s Instituto Nacional de Migración (INM, an agency within Mexico s Secretaría de Gobernación. Records articulating any restrictions or conditions on the INM s use of U.S. aid. - - S. Occidental Blvd. Los Angeles, CA 00 /-

7 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: Audits, financial reviews, and other records evaluating the INM s actual use of U.S. aid. Records discussing or evaluating conditions or treatment detainees experience during INM custody and in INM detention centers. Records discussing the INM s compliance with international law affecting refugees, including, the Convention and the Protocol Relating to the Status of Refugees. Records discussing or assessing Mexico s Comisión Mexicana de Ayuda a Refugiados (COMAR and/or its procedures for determining claims for asylum or other forms of international protection.. The FOIA Request asked defendant to waive fees for processing plaintiffs request pursuant to C.F.R.. on the grounds (i that plaintiffs FOIA Request sought access to the information... to further general understanding of U.S. Government support for the INM and not for any commercial purpose ; (ii that public records released pursuant to plaintiffs request would be broadly shared with members of Congress, non-governmental organizations, historians, journalists, and the public to enhance understanding of the quality and quantity of support the United States government provides to the INM, mechanisms for ensuring U.S. taxpayers monies are properly spent and accounted for, and that such monies do not subsidize human rights abuses or violations of international law ; (iii that the information plaintiffs requested will also be used to evaluate U.S. policy towards the INM, to - - S. Occidental Blvd. Los Angeles, CA 00 /-

8 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: formulate recommendations for improving accountability for U.S. aid to the INM and for ensuring that such aid is not misused to abet systematic violations of international law ; and (vi, that plaintiffs include organizations with expertise in the international law of asylum and other forms of international protection, as well as the interdiction and unlawful refoulement of refugees.. The FOIA Request asked defendant to expedite processing pursuant to C.F.R..(b because the records Requesting Parties seek concern actions taken, contemplated, or alleged by or about the government of the United States, or one of its components or agencies, including the Congress, C.F.R..(b((ii, and because... Requesting Parties will disseminate records disclosed pursuant to this request broadly to the public, policy makers, and members of Congress.. The FOIA Request also advised, If you find it impossible to produce all records called for by this request within the prescribed time limit, please produce such records as you do locate within such time and advise when the remainder of the records requested will be produced.. Defendant STATE DEPARTMENT received the FOIA Request on or about on September,.. By form letter dated October,, defendant STATE DEPARTMENT acknowledged receipt of plaintiffs FOIA Request. Plaintiffs counsel received defendants October,, form letter on or about October,. - - S. Occidental Blvd. Los Angeles, CA 00 /-

9 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #:. Defendant s October,, form letter indicated defendant would not expedite processing plaintiffs FOIA Request. Defendant provided no explanation for denying expedited processing other than a conclusory, opaque and unilluminating statement that the FOIA Request does not meet any of the established criteria for expedited processing. The form letter provided no estimate as to when defendant STATE DEPARTMENT might determine whether to comply with the request, nor when it might disclose records responsive to the request.. Defendant s October,, form letter failed to provide a credible, good faith determination of plaintiffs entitlement to expedited processing.. Defendant s October,, form letter further advised that defendant STATE DEPARTMENT would refuse to waive fees for processing plaintiffs FOIA Request. Defendant s form letter articulated no actual reason for refusing to waive fees, nor did its form letter identify any factors regulating public interest fee waivers defendants deemed unmet. Rather, the letter recited, Based upon the information provided in your letter, your request for a fee waiver has been denied.. Defendant s October,, form letter failed to provide a credible, good faith determination of plaintiffs entitlement to a fee waiver.. Pursuant to U.S.C. (a((a(viii, defendant s failure to determine how to respond to the FOIA Request within statutorily prescribed time limits waived any right it may have had to impose fees for processing plaintiffs FOIA Request; - - S. Occidental Blvd. Los Angeles, CA 00 /-

10 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: defendant was thereafter, and remains, under an unconditional duty to process the FOIA Request without imposing fees.. On or about November,, plaintiffs appealed administratively from defendants denying expedited processing and a fee waiver. Plaintiffs supported their appeal with uncontroverted evidence establishing, inter alia, that disclosure of the records sought by the FOIA Request would be in the public interest because their disclosure would contribute significantly to public understanding of the operations of the government and would not be primarily in the interest of plaintiffs.. On or about November,, defendant denied plaintiffs November,, administrative appeal, in all respects upholding the STATE DEPARTMENT s October,, decisions denying expedited processing and refusing to waive fees. Defendant s administrative appellate decision failed to provide any estimate as to when the STATE DEPARTMENT might determine whether to comply with the request, or when it might disclose records responsive to the request.. Defendant s November,, administrative appellate decision failed to provide a credible, good faith determination of plaintiffs entitlement to a fee waiver or expedited processing.. Defendant s October,, form letter failed to indicate the scope of the documents the STATE DEPARTMENT would produce or the exemptions it would claim with respect to any withheld documents. The October,, form letter therefore - - S. Occidental Blvd. Los Angeles, CA 00 /-

11 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: failed to constitute a determination regarding plaintiffs FOIA Request within the meaning of U.S.C. (a((g( and C.F.R..(d.. As of November,, plaintiffs had received no further communication from defendant regarding the FOIA Request. Pursuant to U.S.C. (a((c, on or about November,, plaintiffs appealed administratively from defendant s failure to provide a timely determination regarding plaintiffs FOIA Request.. On or about December,, defendant advised that its failure to provide a timely determination regarding plaintiffs FOIA Request was not subject to administrative appeal.. To date, defendant has made no determination nor produced any records in response to plaintiffs FOIA Request. Defendant s failure to comply with the FOIA in responding to plaintiffs FOIA Request is arbitrary, capricious, and irrational.. Defendants demand for fees as a condition of disclosing the records requested in plaintiffs FOIA Request and refusal to waive or reduce fees are arbitrary, capricious, and irrational.. Plaintiffs have private rights of action against defendant, as pleaded herein, pursuant to U.S.C. and the Administrative Procedure Act, U.S.C S. Occidental Blvd. Los Angeles, CA 00 /-

12 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: V FIRST CLAIM FOR RELIEF [Unlawful refusal to waive or reduce fees] 0. Plaintiffs reallege and incorporate by reference through of this as though fully set forth here.. Plaintiffs FOIA Request seeks disclosure of documents without commercial value and solely to further governmental transparency. Pursuant to U.S.C. (a((a(iii and implementing regulations, defendant is required to process plaintiffs FOIA Request without fee or at a reduced fee.. Defendant s refusal to waive or reduce fees for processing plaintiffs FOIA Request is arbitrary and capricious and violative of U.S.C., C.F.R.., the Administrative Procedure Act, U.S.C. 0, et seq., and the Due Process Clause of the Fifth Amendment to the United States Constitution. VI SECOND CLAIM FOR RELIEF [Unlawful refusal to expedite processing]. Plaintiffs reallege and incorporate by reference through of this as though fully set forth here.. Expedited processing of plaintiffs FOIA Request would serve a compelling need to inform the public, and delaying disclosure of the records plaintiffs FOIA Request seeks may reasonably be expected to pose an imminent - - S. Occidental Blvd. Los Angeles, CA 00 /-

13 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #: threat to life or physical safety, impair substantial due process rights, and harm substantial humanitarian interests.. Defendant s refusing to expedite processing of plaintiffs FOIA Request is arbitrary and capricious and violative of U.S.C., C.F.R..(b, the Administrative Procedure Act, U.S.C. 0, et seq., and the Due Process Clause of the Fifth Amendment to the United States Constitution. VII THIRD CLAIM FOR RELIEF [Failure to make timely determination of FOIA Request]. Plaintiff realleges and incorporates by reference through of this as though fully set forth here.. Defendant s failure to make a timely determination on plaintiffs FOIA Request is arbitrary and capricious and violative of U.S.C., C.F.R.., the Administrative Procedure Act, U.S.C. 0, et seq., and the Due Process Clause of the Fifth Amendment to the United States Constitution. PRAYER FOR RELIEF WHEREFORE plaintiffs pray this Court. Enjoin defendant from demanding fees, and/or from refusing to reduce fees, as a condition of producing the records plaintiffs FOIA Request seeks;. Enjoin defendant to expedite processing of plaintiffs FOIA Request; - - S. Occidental Blvd. Los Angeles, CA 00 /-

14 Case :-cv-00-svw-ss Document Filed 0/0/ Page of Page ID #:. Enjoin defendant from withholding the agency records plaintiffs FOIA Request seeks and require defendant to produce such records forthwith, or in the alternative, to make a determination forthwith regarding plaintiffs FOIA Request that meets the requirements of U.S.C. (a((g( and C.F.R..(d;. Award plaintiffs reasonable attorney s fees and costs pursuant to U.S.C. (a((e and/or the Equal Access to Justice Act, U.S.C. (d;. Make a written finding pursuant to U.S.C. (a((f that the circumstances surrounding defendants withholding of the requested records raise questions whether agency personnel acted arbitrarily or capriciously with respect to such withholding; and. Grant such other and further relief as the Court may deem just and proper. Dated: February,. / / / CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW Carlos R. Holguín Carlos R. Holguín Attorney for plaintiffs - - S. Occidental Blvd. Los Angeles, CA 00 /-