National Security
FBI v. Fikre
Whether the government can overcome the voluntary cessation exception to mootness by removing an individual from the No Fly List when the government has not repudiated its decision to place him on the List and remains free to return him to the List for the same reasons and using the same procedures he alleges were unlawful.
Status: Ongoing
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Florida
Nov 2023
National Security
+2 Issues
Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues
The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.
U.S. Supreme Court
Apr 2022
National Security
+2 Issues
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
U.S. Supreme Court
Jul 2021
National Security
Immigrants' Rights
Sierra Club v. Trump — Challenge to Trump’s National Emergency Declaration to Construct a Border Wall
In February 2019, the ACLU filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. The lawsuit argues that the president is usurping Congress’s appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution. On January 20, 2021, President Biden halted further border wall construction. Litigation in this and subsequent related challenges has been paused or deadlines extended while the ACLU’s clients and the Biden administration determine next steps.
Indiana
Oct 2016
National Security
Immigrants' Rights
Exodus Refugee Immigration, Inc. v. Mike Pence, et al
The American Civil Liberties Union and the ACLU of Indiana, on behalf of Exodus Refugee Immigration, filed suit against Governor Mike Pence and the secretary of the Indiana Family and Social Services Administration to stop attempts to suspend resettlement of Syrian refugees, claiming the governor’s actions violate the United States Constitution and federal law.
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148 National Security Cases
Court Case
Apr 2017
National Security
Senate Torture Report - FOIA
The ACLU filed a Freedom of Information Act (FOIA) lawsuit demanding that the CIA, and the Departments of Defense, Justice, and State release a 6,900-page report of a comprehensive investigation into the CIA’s post-9/11 program of detention, torture, and other abuse of detainees. The investigative report was produced by the Senate Select Committee on Intelligence and describes horrific human rights abuses by the CIA. It also chronicles the agency’s evasions and lies to Congress, the White House, the media, and the public. In May 2015, a federal district court dismissed the case, finding that the full torture report is a congressional record and therefore not subject to FOIA, which applies only to executive branch records. The D.C. Circuit Court of Appeals affirmed the district court’s judgment in May 2016. In November 2016, we filed a petition for a writ of certiorari in the Supreme Court, asking it to hold that the full report is subject to FOIA — so it may be released to the public. In April 2017, the Supreme Court declined to hear the case. The outcome was a major setback for government transparency and accountability.
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Court Case
Apr 2017
National Security
Senate Torture Report - FOIA
The ACLU filed a Freedom of Information Act (FOIA) lawsuit demanding that the CIA, and the Departments of Defense, Justice, and State release a 6,900-page report of a comprehensive investigation into the CIA’s post-9/11 program of detention, torture, and other abuse of detainees. The investigative report was produced by the Senate Select Committee on Intelligence and describes horrific human rights abuses by the CIA. It also chronicles the agency’s evasions and lies to Congress, the White House, the media, and the public. In May 2015, a federal district court dismissed the case, finding that the full torture report is a congressional record and therefore not subject to FOIA, which applies only to executive branch records. The D.C. Circuit Court of Appeals affirmed the district court’s judgment in May 2016. In November 2016, we filed a petition for a writ of certiorari in the Supreme Court, asking it to hold that the full report is subject to FOIA — so it may be released to the public. In April 2017, the Supreme Court declined to hear the case. The outcome was a major setback for government transparency and accountability.
Court Case
Mar 2017
National Security
Trump Conflicts of Interest - FOIA
In January 2017, the ACLU filed a Freedom of Information Act request seeking documents on conflicts of interest and violations of the Constitution and federal law posed by President Trump’s and his family’s business interests.
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Court Case
Mar 2017
National Security
Trump Conflicts of Interest - FOIA
In January 2017, the ACLU filed a Freedom of Information Act request seeking documents on conflicts of interest and violations of the Constitution and federal law posed by President Trump’s and his family’s business interests.
Court Case
Feb 2017
National Security
ACLU v. TSA
The ACLU and the NYCLU filed a Freedom of Information Act lawsuit in March 2015 demanding documents relating to the TSA's Screening Passengers by Observation Techniques (SPOT) program. The TSA turned over hundreds of documents in response, and in February 2017 the ACLU released a report analyzing the records.
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Court Case
Feb 2017
National Security
ACLU v. TSA
The ACLU and the NYCLU filed a Freedom of Information Act lawsuit in March 2015 demanding documents relating to the TSA's Screening Passengers by Observation Techniques (SPOT) program. The TSA turned over hundreds of documents in response, and in February 2017 the ACLU released a report analyzing the records.
Court Case
Jan 2017
National Security
ACLU v. NSA – FOIA Lawsuit Seeking Records of Government Use of Section 702 of FISA
Section 702 of the Foreign Intelligence Surveillance Act permits warrantless surveillance of Americans’ international communications, and the government has used that authority to seize and search the personal communications of Americans and others on an immense scale. In September 2016, the ACLU submitted a Freedom of Information Act request to several government agencies seeking basic information about how the government conducts surveillance under Section 702. In November 2016, we filed a lawsuit to enforce the request in the U.S. District Court for the Southern District of New York.
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Court Case
Jan 2017
National Security
ACLU v. NSA – FOIA Lawsuit Seeking Records of Government Use of Section 702 of FISA
Section 702 of the Foreign Intelligence Surveillance Act permits warrantless surveillance of Americans’ international communications, and the government has used that authority to seize and search the personal communications of Americans and others on an immense scale. In September 2016, the ACLU submitted a Freedom of Information Act request to several government agencies seeking basic information about how the government conducts surveillance under Section 702. In November 2016, we filed a lawsuit to enforce the request in the U.S. District Court for the Southern District of New York.
Court Case
Dec 2016
National Security
ACLU v. DOJ - FOIA Case for Records Relating to Killing of Three U.S. Citizens
In October 2011, the ACLU submitted a Freedom of Information Act (FOIA) request seeking information about the killings of three U.S. citizens in Yemen: Anwar al-Aulaqi; his 16-year-old son, Abdulrahman al-Aulaqi; and Samir Kahn. Over five years of litigation, this case was appealed to the Second Circuit three times. The government acknowledged it had killed the three Americans, and was forced to describe targeted-killing program documents in its possession. The ACLU won an important victory in securing the release of a memorandum in which the government set out its legal justification for killing Anwar al-Aulaqi in June 2014. In December 2016, the Second Circuit ruled that no other documents must be disclosed, concluding this litigation. The ACLU continues to seek additional details about the targeted killing program’s rules and consequences through other FOIA requests and cases.
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Court Case
Dec 2016
National Security
ACLU v. DOJ - FOIA Case for Records Relating to Killing of Three U.S. Citizens
In October 2011, the ACLU submitted a Freedom of Information Act (FOIA) request seeking information about the killings of three U.S. citizens in Yemen: Anwar al-Aulaqi; his 16-year-old son, Abdulrahman al-Aulaqi; and Samir Kahn. Over five years of litigation, this case was appealed to the Second Circuit three times. The government acknowledged it had killed the three Americans, and was forced to describe targeted-killing program documents in its possession. The ACLU won an important victory in securing the release of a memorandum in which the government set out its legal justification for killing Anwar al-Aulaqi in June 2014. In December 2016, the Second Circuit ruled that no other documents must be disclosed, concluding this litigation. The ACLU continues to seek additional details about the targeted killing program’s rules and consequences through other FOIA requests and cases.