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In a win for CREW and our co-plaintiffs, a federal judge ordered that Immigration and Customs Enforcement cannot destroy records of sexual abuse and assault, death reviews, detainee segregation files and other records it planned to dispose of.

 

Learn more here.

Immigration Customs Enforcement (ICE) should not be permitted to destroy crucial records documenting the abuse and mistreatment of detainees.

CREW, the American Historical Association (AHA) and the Society for Historians of American Foreign Relations (SHAFR) are suing the National Archives and Records Administration (NARA) for approving ICE’s plan to destroy records. This decision was made without addressing significant public comments, disregarded NARA’s own policies, and failed to consider accountability and research interests in preserving the records permanently.

In December 2019, NARA approved ICE’s plan to destroy detainee records despite widespread alarm around abuse of detainees. Several categories of records, including those documenting detainee deaths, sexual assault and abuse, civil rights violations, inhumane solitary confinement practices, and violations of ICE detention standards, are set to be destroyed, with some slated for destruction as early as this year. 

NARA received over 23,000 comments, a record-breaking number for the agency, opposing the plan. Most of the comments were ignored, though NARA did make a few modest changes. Still, NARA’s decision largely allows ICE to destroy sensitive records that provide critical evidence to support current and future efforts to evaluate our immigration enforcement system. 

ICE and NARA must be held accountable for their failure to address significant public comments in their decision to destroy records that would all but erase documentation of harm to detainees. To destroy records revealing abuse, rights violations, and even deaths in detention would further obscure a system already severely lacking in oversight and transparency.

Lawsuit Documents

  • Letter to ICE and NARA
    March 16, 2020
    Read here
  • Complaint
    March 16, 2020
    Read here
  • Stipulation
    March 25, 2020
    Read here
  • Memorandum in Support for Plaintiff's Motion
    July 24, 2020 - Memorandum in Support for Plaintiff's Motion for Summary Judgement
    Read here
  • Declarations
    July 24, 2020 - Declarations of James Grossman, Kristin Hoganson, Brianna Nofil, Kristina Shull, and Adam Rappaport
    Read here
  • The Council Brief of Amici in Support of Plaintiff
    August 12, 2020 - American Immigration Council's Brief of Amici in Support of Plaintiff
    Read here
  • Defendant Cross-Motion for Summary Judgement
    August 28, 2020- National Archives and Records Administration and U.S Immigration and Customs Enforcement cross motion and memorandum in support
    Read motion here
    Read memorandum here
  • Reply in Support of Plaintiff
    September 18, 2020- Reply in support of plaintiff's motion for summary judgement and opposition to defendant's cross-motion for summary judgement
    Read reply here
  • Reply in Support of Defendant
    October 9, 2020-Defendant reply in support of cross-motion for summary judgement
    Read here
  • Transcript of Oral Argument
    February 12, 2021
    Read here
  • Memorandum Opinion
    March 12, 2021
    Read here
  • Order
    March 12, 2021
    Read here

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