Detention Watch Network (DWN) v. Immigration Customs and Enforcement (ICE) and Department of Homeland Security (DHS) Historic Case
Date Filed:
November 25, 2013
Current Status
On April 9, 2019, the parties agreed to settle attorneys fees. On October 31, 2017, DWN and CCR reached a settlement on all other aspects of the case.
Case Description
In November 2013, the Detention Watch Network (DWN) and the Center for Constitutional Rights filed a Freedom of Information Act (FOIA) request with the U.S. Department of Homeland Security and Immigration and Customs Enforcement for information and documents pertaining to the so-called "detention bed quota," also known as the "detention bed mandate.” When the agencies failed to comply, CCR filed suit against them. This work is part of CCR’s support of grassroots immigrants’ rights groups fighting injustice in immigration policing and enforcement, as well as CCR’s long history of work around detention and mass incarceration.
Starting in 2009, appropriations bills passed by the U.S. Congress required the funding of at least 34,000 immigration detention beds per day. DHS and ICE interpreted this funding provision as a requirement that those beds be filled at all times, through the use of local jails and correctional facilities as well as private, for-profit correctional corporations with enormous lobbying power, resulting in a quota for detainees that has no parallel or precedent in the U.S. criminal justice system.
CCR and DWN filed their FOIA to obtain information that would give the public a better understanding of the detention bed quota, the decision-making surrounding the quota, and its impact on detention policy and detention contracting decisions. The information they received helped enable the public, advocates, and congressional representatives during the Obama administration push for ending the bed quota. CCR and DWN also uncovered information about local "lockup" quotas, and published two reports entitled Banking on Detention, in 2015 and 2016.
On April 9, 2019, the parties agreed to settle attorneys fees. On October 31, 2017, DWN and CCR reached a settlement on all other aspects of the case.
Stipulation and settlement of attorneys' fees
April 9, 2019
Stipulation and settlement of attorneys' fees
Judge orders government to pay attorneys' fees for private prison contractors' appeal
February 5, 2019
Judge orders government to pay attorneys' fees for private prison contractors' appeal
Parties reach settlement on document productions
October 31, 2017
Parties reach settlement on document productions
DWN and CCR reached a settlement with the government regarding document productions in the case. ICE will begin produce a number of more recent detention contract agreements and modifications, and DHS will cease further document production. The settlement ends proceedings in the case except for attorneys fees.
Supreme Court denies GEO's cert petition
October 10, 2017
Supreme Court denies GEO's cert petition
DWN and CCR file opposition to GEO Group's petition for cert
August 25, 2017
DWN and CCR file opposition to GEO Group's petition for cert
DWN and CCR file our opposition to GEO Group's petition for review by the U.S. Supreme Court.
GEO Group files cert petition to U.S. Supreme Court
July 10, 2017
GEO Group files cert petition to U.S. Supreme Court
The GEO Group petitions the U.S. Supreme Court after their appeal was dismissed by the Second Circuit.
Appellate court rules in CCR and DWN's favor, denies en banc review for private prison contractors
April 11, 2017
Appellate court rules in CCR and DWN's favor, denies en banc review for private prison contractors
En banc review by 2nd Circuit Court of Appeals of previous decision denied, in CCR and DWN's favor.
Appellate court decides in CCR and DWN's favor, dismisses private prison contractors' appeal
February 8, 2017
Appellate court decides in CCR and DWN's favor, dismisses private prison contractors' appeal
Private prison contractors GEO and CCA's appeal is dismissed.
Court partially grants and partially denies prison contractors' stay motion
November 30, 2016
Court partially grants and partially denies prison contractors' stay motion
The district court grants in part and denies in part GEO and CCA's motion to stay production of documents as ordered.
CCR files motion to dismiss private contractors' appeal
November 29, 2016
CCR files motion to dismiss private contractors' appeal
CCR files our motion to dismiss the private prison contractors GEO Group and Correctional Association of America's appeal to the 2nd Circuit Court of Appeals.
Court issues opinion clarifying July 15, 2016 order and granting temporary stay
October 20, 2016
Court issues opinion clarifying July 15, 2016 order and granting temporary stay
District Court issues an opinion clarifying earlier order regarding production of documents by the defendant agencies to DWN and CCR, and then grants temporary stay until scheduled court conference.
Private prison contractors move to clarify July order and stay production of documents
October 3, 2016
Private prison contractors move to clarify July order and stay production of documents
GEO and CCA move to clarify the July 15, 2016 decision in order to stay any production of documents to DWN and CCR. DWN and CCR then filed a letter opposing this motion.
DWN and CCR file cross-appeal against private contractors
September 30, 2016
DWN and CCR file cross-appeal against private contractors
DWN and CCR file cross-appeal, appealing the District Court order granting intervention to the private prison contractors GEO Group and CCA.
Private prison contractors GEO Group and CCA appeal the July 15, 2016 order to the Second Circuit
September 9, 2016
Private prison contractors GEO Group and CCA appeal the July 15, 2016 order to the Second Circuit
Private contractors appeal the lower court's order granting summary judgment to DWN and CCR.
Court issues opinion granting GEO Group and CCA's motions to intervene
September 2, 2016
Court issues opinion granting GEO Group and CCA's motions to intervene
After the Government decided not to appeal the District Court's July opinion, private prison companies CCA and GEO moved to intervene in the case in order to appeal. The Court's decision allows them to intervene into the case strictly to appeal the July 2016 opinion.
Court rules on summary judgment motion in favor of CCR and DWN
July 15, 2016
Court rules on summary judgment motion in favor of CCR and DWN
Court grants summary judgment for DWN and CCR. The judge ruled that the details of government contracts with private detention companies, specifically the "bed day rates" and "staffing plans" associated with each contract, are not exempt from public release under FOIA.
CCR files sur-reply brief further opposing government's cross-motion for partial summary judgment
March 4, 2016
CCR files sur-reply brief further opposing government's cross-motion for partial summary judgment
CCR further challenges the government's argument that bed-day rates for private prisons should be redacted. We also argue against ICE's proposition that those prisons' staffing plans should be redacted for law enforcement purposes - especially those staffing plans for medical and social services - as well as taking on the unnecessary scare-mongering contained in the government's declarations.
Government files reply brief to CCR's partial summary judgment motion
February 26, 2016
Government files reply brief to CCR's partial summary judgment motion
The government filed their reply brief as well as supplemental declarations, arguing as to why ICE should not have to reveal bed-day rates and staffing plans at privately-run facilities.
CCR files reply brief opposing government's cross-motion for partial summary judgment
January 19, 2016
CCR files reply brief opposing government's cross-motion for partial summary judgment
CCR replies to the government's opposition, challenging not only the government's redactions under FOIA exemption (b)(4) that protect certain financial information of private prison companies, but also a new argument from ICE that private prisons' staffing plans should be redacted for law enforcement purposes under FOIA exemption (b)(7)(e).
Government files opposition and cross-motion on (b)(4) exemptions, with support of private prison contractors
December 22, 2015
Government files opposition and cross-motion on (b)(4) exemptions, with support of private prison contractors
The government opposes our motion for summary judgment on the b(4) exemption and files its cross-motion for summary judgment, arguing that private prison companies do not have to reveal certain financial information and staffing plans because it could cause their business "substantial competitive harm."
CCR and DWN file partial summary judgment motion on (b)(4) exemptions taken by government
November 17, 2015
CCR and DWN file partial summary judgment motion on (b)(4) exemptions taken by government
CCR begins briefing on partial summary judgment, specifically challenging parts of documents redacted by the government under the exemption (b)(4), which protects "trade secretes and commercial or financial information."
DWN and CCR release "Banking on Detention" report based on FOIA documents
June 11, 2015
DWN and CCR release "Banking on Detention" report based on FOIA documents
Using documents uncovered in our FOIA litigation, Detention Watch Network and the Center for Constitutional Rights release a report exposing the depth of local "lockup quotas" in immigrant detention across 15 facilities in half of ICE’s field offices under the Obama administration.
Court issues order regarding pages defendants must review and produce each month
July 3, 2014
Court issues order regarding pages defendants must review and produce each month
Judge Schofield orders the production and review of a set number of documents from each agency per month.
CCR and DWN file letter seeking immediate production of documents
June 18, 2014
CCR and DWN file letter seeking immediate production of documents
After the government fails to produce a satisfactory number of documents following the judge's decision, CCR writes to the judge to request a conference and provides a suggested number of documents for the judge to order the government to produce per month.
Court issues order denying preliminary injunction and setting document production schedule
May 16, 2014
Court issues order denying preliminary injunction and setting document production schedule
The parties appear before Judge Schofield on May 13, 2014 for oral argument on the motion for preliminary injunction. Three days later, she denies the motion without prejudice and orders the agencies to begin a monthly production of documents.
Defendant DHS files motion to dismiss
March 5, 2014
Defendant DHS files motion to dismiss
The government moves to dismiss the claims against defendant DHS. However, after receiving opposing briefs from CCR and DWN, the government withdraws its motion.
CCR and DWN file motion for preliminary injunction
February 11, 2014
CCR and DWN file motion for preliminary injunction
Because of the immediate need for the information due to the upcoming appropriations cycle for Fiscal Year 2015, which is expected to officially commence when President Obama submits his annual budget recommendation to Congress in early March, CCR and DWN file for a preliminary injunction to compel immediate production of documents. Briefing takes place over the next few weeks.
CCR and DWN file their FOIA complaint in the Southern District of New York (SDNY)
January 30, 2014
CCR and DWN file their FOIA complaint in the Southern District of New York (SDNY)
Having received no documents from ICE or DHS, plaintiffs file suit to demand documents concerning the detention bed quota. The case is assigned to SDNY Judge Lorna Schofield. Defendants file their Answer on March 5, 2014.
CCR and DWN file their FOIA request with DHS and ICE
November 25, 2013
CCR and DWN file their FOIA request with DHS and ICE
The FOIA request is filed in anticipation of upcoming Congressional appropriations debates, in hopes of having documents and information that could further influence elected officials and the public to demand an end to the detention bed quota.
Last modified: December 3, 2019
