By Linda Bentley | january 6, 2016
Judicial Watch sues Department of State for refugee resettlement docs
WASHINGTON - Back in May 2015, Judicial Watch, seeking to promote transparency, accountability and integrity in government and fidelity to the rule of law, filed a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS) seeking access to a number of records involving Voluntary Agencies (VOLAGs) providing Reception and Placement (R&P) services to refugees arriving in the United States.
Six months later, after the DOS failed to respond, Judicial Watch filed a complaint in U.S. District Court for the District of Columbia to obtain those records, which included:
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Copies of Cooperation Agreements for the years 2014 and 2015 furnished to the DOS by VOLAGs, entities subcontracting to VOLAGs, or entities affiliated with VOLAGs, regarding the provision of R&P services to refugees arriving in the United States.
Copies of all R&P abstracts for the same years furnished to the DOS by VOLAGs, subcontractors or affiliates regarding the provision of R&P services to refugees.
Copies of transcripts of hearings held in 2014 and 2015 by the DOS with representatives from VOLAGs, subcontractors, affiliates, the Department of Health and Human Services (HHS) and/or the Office of Refugee Settlement regarding the provision of R&P services to refugees.
Copies of comments submitted to the DOS by members of the public at those hearings.
Records reflecting the number of refugees, their countries of origin, and destinations in the United States in which they were settled by the Bureau of Population, Refugees and Migration through R&P programs for the years 2013, 2014 and 2015.
While the DOS acknowledged receiving Judicial Watch's request in a letter dated June 8 and assigned it Case Control No. F-2015-101718, it failed to comply within 20 working days to notify Judicial Watch of its determinations, reasons for its determinations and right to appeal any adverse determinations, as required by law.
According to Judicial Watch, the DOS's determination was due by June 30, at the latest.
Judicial Watch sent a subsequent FOIA request to the DOS on Sept. 14 seeking access to all records associated with a meeting held in Spartanburg, S.C. between representatives from the State Department's Office of Refugee Resettlement and/or Bureau of Population, Refugees and Migration, and representatives from the non-profit organization known as World Relief including notices of the meeting, meeting agenda, transcripts, recordings, materials presented by World Relief and any other materials.
The DOS acknowledged, by letter dated Oct. 19, receiving Judicial Watch's FOIA request and assigned it Case Control No. F-2015-14781.
Again, the DOS failed to comply with its legal requirement to notify Judicial Watch of its determination, its reasons, advise Judicial Watch of its right to appeal any adverse determination, produce the requested records or otherwise demonstrate that the records are exempt from production.
After exhausting all of its administrative remedies to obtain these records, Judicial Watch was forced to sue and stated it will be irreparably harmed unless the DOS is "compelled to conform its conduct to the requirements of the law."
Judicial Watch has asked the court to order the DOS to conduct a search for records responsive to Judicial Watch's FOIA requests and provide them by a date certain with a Vaughn index of any responsive records withheld under claim of exemption.
Judicial Watch also asked the court to enjoin the DOS from continuing to withhold any non-exempt records responsive to the requests and award Judicial Watch attorney's fees and other litigation costs incurred in bringing this action.
