U.S. Senate Democratic Whip Dick Durbin, who serves as Ranking Member of the Senate Judiciary Committee, has issued a statement in response to a whistleblower report concerning U.S. Citizenship and Immigration Services (USCIS). The disclosure alleges that USCIS is not fully complying with the Freedom of Information Act (FOIA) and a court order related to a class action lawsuit, instead taking steps to avoid court oversight.
The Nightingale court order requires USCIS to follow existing FOIA law by processing immigration case files and reporting progress to the court. According to the whistleblower, USCIS may be closing cases prematurely—even when information is available—to meet reporting requirements and present an inflated completion rate. This follows USCIS’s report to the court claiming a 99 percent timely completion rate for FOIA requests involving immigration case files.
Durbin commented on the situation: “Today’s disclosure alleges that the DHS FOIA office wants a district court judge to believe FOIA requests are being processed more efficiently. But in fact, they are being summarily closed to cook the numbers.
“The agency’s actions directly conflict with the spirit of the Nightingale lawsuit, which was filed to ensure due process for individuals who only can access their records through FOIA. They also appear to conflict with the Freedom of Information Act, which instructs agencies not to withhold information unless the agency reasonably foresees that the disclosure would harm an interest protected by a FOIA exemption.
“New policies that allow the agency to reject FOIA requests reduce transparency and are just one more way that the Trump-Noem DHS is operating with impunity. The information contained in case files is vital as immigrants increasingly are the targets of violent enforcement actions and must dispute false narratives devised by this Administration. USCIS must respond to FOIA requests fully and in a timely fashion.”
Immigration case files obtained through FOIA can contain key details about enforcement actions, such as whether there was a warrant or analysis of citizenship claims. Attorneys working with vulnerable groups—including unaccompanied minors—rely on these records for basic facts needed in legal proceedings.
The Senate Judiciary Committee, where Durbin holds his leadership role, plays an important part in legislative oversight affecting constitutional protections and public safety across the country according to its official website. The committee reviews legislation, oversees federal law enforcement agencies like USCIS, evaluates judicial nominations, and influences civil rights issues through its standing authority within Congress.
