Litigation

ACLU of Oregon Files Lawsuit Demanding Documents on Implementation of Trump Muslim Ban

protesters at Portland International AirportApril 12, 2017 — The American Civil Liberties Union of Oregon (ACLU of Oregon) and American Civil Liberties Union (ACLU) affiliates in Colorado, Idaho, Wyoming, and Alaska filed a Freedom of Information Act (FOIA) lawsuit today against the regional U.S. Customs and Border Protection (CBP) office in demanding government documents about the on-the-ground implementation of President Trump’s Muslim bans.

Today’s action is part of a total of 13 FOIA lawsuits filed by ACLU affiliates across the country. The ACLU of Oregon lawsuit is seeking records from U.S. Customs and Border Protection’s Portland Field Office. In particular, the lawsuit seeks records related to CBP’s implementation of President Trump’s Muslim bans at Portland International Airport, Denver International Airport, Ted Stevens International Airport, Boise International Airport, Casper/Natrona County International Airport and at port of entry offices in Anchorage, Denver, Boise, Portland, Casper.

The ACLU first sought this information through FOIA requests submitted to CBP on February 2, 2017. Since the government has failed to substantively respond, the ACLU is now suing.

“Oregonians have been cut off from their families, friends, and business associates by President Trump’s Muslim bans and the chaotic implementation that followed,” said Mat dos Santos, ACLU of Oregon legal director. “Portland International Airport is our gateway to the world and we deserve to know how the executive orders have been carried out here.”

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ACLU of Oregon Demands for Documents on Implementation of Trump’s Immigration Ban

FOIA Filed As Part of Coordinated Campaign with 50 ACLU Affiliates

FOIA filed image February 2, 2017 — The American Civil Liberties Union Foundation of Oregon (ACLU of Oregon) filed a Freedom of Information Act (FOIA) request today with its local U.S. Customs and Border Protection office (CBP) to reveal how Trump administration officials are interpreting and executing the president’s immigration ban, and whether they are complying with orders from federal courts partially staying the ban’s implementation. The filing today is part of a coordinated effort from 50 ACLU affiliates, which filed FOIA requests with 18 CBP field offices and its headquarters spanning 55 international airports across the country.

“The exclusion of Muslims and refugees is shameful and runs counter to core American values,” said Kelly Simon, staff attorney at the ACLU of Oregon. “Yesterday, we sued the Trump administration on behalf of immigrants and refugees in Oregon. Today, we teamed up with ACLU affiliates across the country in an effort to force out information about how these orders are being carried out.”

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First Appeals Court Hearing to Address Mass Surveillance

ACLU Challenges Warrantless "Backdoor" Searches

July 6, 2016 - For the first time, a federal appeals court heard oral argument on the merits in a case challenging the NSA’s warrantless surveillance of Americans’ international communications conducted under Section 702 of FISA, which allows the NSA to engage in warrantless surveillance of Americans who communicate with tens of thousands of targets located abroad.

In 2012, Mohammed Mohamud, a Somalia-born naturalized U.S. citizen, was convicted of plotting to bomb a Christmas tree lighting ceremony in Portland, Oregon. After his conviction, the government belatedly notified Mohamud that it had relied on Section 702 surveillance to obtain his communications without a warrant in the course of its investigation. Mohamud argued that the resulting evidence should have been suppressed and asked for a new trial. His challenge to the surveillance is now on appeal.

The American Civil Liberties Union, American Civil Liberties Union of Oregon, and the Electronic Frontier Foundation have filed a friend-of-the-court brief in the case, U.S. v. Mohamud, and were granted time to argue at the hearing today. 

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Court Rules No Fly List Process Is Unconstitutional and Must Be Reformed

Court Orders Government to Give Plaintiffs in ACLU Lawsuit a Chance to Clear Their Names

June 24, 2014 – In a landmark ruling, a federal judge struck down as unconstitutional the government’s procedures for people on the No Fly List to challenge their inclusion. The decision came in an American Civil Liberties Union lawsuit brought on behalf of 13 Americans who found themselves on the list without any notice, reasons, or meaningful way to get off it. 

The judge ordered the government to create a new process that remedies these shortcomings, calling the current process “wholly ineffective” and a violation of the Fifth Amendment's guarantee of due process. The ruling also granted a key request in the lawsuit, ordering the government to tell the ACLU’s clients why they are on the No Fly List and give them the opportunity to challenge their inclusion on the list before the judge. 

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Mayfield v. United States of America

Constitutional Challenge to USA-Patriot Act

December 10, 2009 - The Ninth Circuit Court of Appeals ruled that Brandon Mayfield has no standing to pursue his claims against illegal seach and seizure in his challenge to the constitutionality of portions of the USA-Patriot Act.

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NSA SPYING UPDATE

NSA Case Ends - But Fight to End Warrantless Surveillance Continues

December 2008 - The Oregon Public Utility Commission has dismissed the ACLU of Oregon’s inquiry into whether Verizon illegally turned over the private calling records of Oregon telephone customers to the National Security Agency.

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