Case: ACLU of Washington v. U.S. Department of Homeland Security

2:17-cv-00562 | U.S. District Court for the Western District of Washington

Filed Date: April 12, 2017

Closed Date: Feb. 26, 2019

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLUs of Washington, Montana, and North Dakota filed this suit against the United States under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders that ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning CBP’s local i…

On April 12, 2017, the ACLUs of Washington, Montana, and North Dakota filed this suit against the United States under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders that ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen.

Specifically, plaintiffs sought information "concerning CBP’s local implementation of President Trump’s January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding Executive Order No. 1, including President Trump’s March 6, 2017 Executive Order." The request concerned implementation at international airports within the purview of CBP's Seattle Field Office, including Seattle-Tacoma International Airport and Fargo-Hector International Airport. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the EO.

In the complaint, the plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Robert S. Lasnik.

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion see this case. The ACLU filed an opposition to the motion to transfer on May 30, arguing that "[g]ranting consolidation and transfer would promote forum-shopping and delay, not justice." On Aug. 3, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's consolidation motion. In its order, the Panel found that although the thirteen FOIA cases share "a limited number of factual issues," these issues "appear relatively straightforward and unlikely to entail extensive pretrial proceedings."

The case was reassigned to Judge Marsha J. Pechman on Aug. 31.

Litigation continued over a possible production schedule and appropriate search parameters for the government to use in responding to the FOIA request. In proceedings held on Oct. 17, 2017, and in an order issued on Jan. 12, 2018, the court directed the government to turn over documents responsive to the ACLU's FOIA requests.

As of a status report filed on Mar. 2, 2018, the government finished processing and producing all records responsive to the FOIA request. The May 1, 2018, status report indicated the parties were in discussions to streamline final resolution of the case. The parties requested a discovery deadline of Nov. 1, 2018, and for dispositive motions to be filed by Jan. 31, 2019.

On February 25, 2019, the parties filed a stipulation and proposed order for dismissal, which Judge Pechman signed on February 26, 2019, dismissing all claims with prejudice. The case is now closed.

Summary Authors

Virginia Weeks (5/2/2018)

Jamie Kessler (8/7/2017)

Caitlin Kierum (3/21/2020)

Related Cases

American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security, Northern District of California (2017)

American Civil Liberties Union of Virginia v. U.S. Department of Homeland Security, Eastern District of Virginia (2017)

American Civil Liberties Union of Illinois v. U.S. Department of Homeland Security, Northern District of Illinois (2017)

ACLU of Southern California v. U.S. Department of Homeland Security, Central District of California (2017)

American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security, Southern District of California (2017)

American Civil Liberties Union of Maine v. U.S. Customs and Border Protection, District of Maine (2017)

American Civil Liberties Union of Florida v. U.S. Department of Homeland Security, Southern District of Florida (2017)

ACLU Foundation of Texas v. U.S. Customs and Border Protection, Southern District of Texas (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6098724/parties/american-civil-liberties-union-of-washington-v-us-department-of-homeland/


Judge(s)
Attorney for Plaintiff

Anello, Farrin (Washington)

Attorney for Defendant

Barghaan, Dennis Carl (Washington)

Bergman, Jacob Max (Washington)

Berns, Matthew (District of Columbia)

Blain, Jennifer Ellen (Washington)

Documents in the Clearinghouse

Documents in this case

2:17-cv-00562

Docket [PACER]

Feb. 26, 2019

Feb. 26, 2019

Docket
1

2:17-cv-00562

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552

April 12, 2017

April 12, 2017

Complaint
28

2:17-cv-00562

Order Denying Transfer

In re: American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769

Aug. 2, 2017

Aug. 2, 2017

Order/Opinion

261 F.Supp.3d 1348

53

2:17-cv-00562

Stipulation and Order for Dismissal

Feb. 26, 2019

Feb. 26, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6098724/american-civil-liberties-union-of-washington-v-us-department-of-homeland/

Last updated March 24, 2026, 4:52 a.m.

ECF Number Date Description Link
1 April 12, 2017

COMPLAINT against defendant(s) U.S. Customs and Border Protection, U.S. Department of Homeland Security (Receipt # 0981-4837936), filed by American Civil Liberties Union of Washington, American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stahl, Eric) (Entered: 04/12/2017)

1 Civil Cover Sheet

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2 Summons

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RECAP
2 April 13, 2017

Summons electronically issued as to all Defendants. (RE) (Entered: 04/13/2017)

RECAP
April 13, 2017

Judge Robert S. Lasnik added. (RE)

April 13, 2017

Add and Terminate Judges

3 April 18, 2017

NOTICE of Pendency of Other Action ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/18/2017)

RECAP
4 April 18, 2017

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington (Stahl, Eric) (Entered: 04/18/2017)

RECAP
5 April 27, 2017

AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Homeland Security and U.S. Customs and Border Protection on 4/14/2017, filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/27/2017)

RECAP
6 April 27, 2017

AFFIDAVIT of Mailing of Summons and Complaint to U.S. Department of Homeland Security and U.S. Customs and Border Protection on 4/14/2017, filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/27/2017)

RECAP
7 May 8, 2017

NOTICE of Appearance by attorney Matthew J Berns on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/08/2017)

RECAP
8 May 8, 2017

NOTICE of Pendency of Other Action in Judicial Panel on Multidistrict Litigation, case number in other court [not yet assigned] ; filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(Berns, Matthew) (Entered: 05/08/2017)

1 Index of Exhibits

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2 Exhibit 1 - Transfer Motion

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3 Exhibit 2 - Supporting Memorandum

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4 Exhibit 3 - Schedule of Actions

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RECAP
9 May 9, 2017

ORDER REGARDING JOINT STATUS REPORT Joint Status Report due by 5/26/2017, by Judge Robert S. Lasnik. (RS) (Entered: 05/10/2017)

RECAP
10 May 10, 2017

Stipulated MOTION for Extension of Time to Respond to Complaint with Proposed Order, filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Noting Date 5/10/2017, (Berns, Matthew) (Entered: 05/10/2017)

RECAP
11 May 11, 2017

MOTION to Stay Proceedings Pending Decision on Motion to Transfer, filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 5/26/2017, (Berns, Matthew) (Entered: 05/11/2017)

1 Proposed Order

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RECAP
12 May 11, 2017

ORDER granting 10 Stipulated Motion for extension of deadline to 6/29/17 to respond to complaint; Joint Status Report extended to 6/20/2017 7/20/2017, by Judge Robert S. Lasnik.(RS) Modified on 5/19/2017 (KERR).

RECAP
13 May 11, 2017

NOTICE of defendants' motion to transfer to MDL Panel (RS) (Entered: 05/15/2017)

RECAP
14 May 19, 2017

NOTICE of Appearance by attorney Chetan Patil on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/19/2017)

RECAP
May 19, 2017

NOTICE of Docket Text Modification re 12 Order on Stipulated Motion. Changed deadline for Joint Status report from 6/20/2017 to 7/20/2017. (KERR)

May 19, 2017

Notice of Docket Text Modification

May 19, 2017

Reset Deadline: Joint Status Report due by 7/20/2017 (KERR)

May 19, 2017

Set/Reset Deadlines

15 May 22, 2017

RESPONSE, by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington, to 11 MOTION to Stay Proceedings Pending Decision on Motion to Transfer. (Stahl, Eric) (Entered: 05/22/2017)

RECAP
16 May 26, 2017

REPLY, filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security, TO RESPONSE to 11 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Patil, Chetan) (Entered: 05/26/2017)

RECAP
18 May 26, 2017

NOTICE of Appearance by Patrick S. Kabat in re: American Civil Liberties Union Freedom of Information Act, MDL No. 2786. (SWT) (Entered: 05/31/2017)

RECAP
19 May 26, 2017

CORPORATE DISCLOSURE STATEMENT filed by Patrick Kabut in re American Civil Liberties Union Freedom of Information Act, MDL 2786. (SWT) (Entered: 05/31/2017)

RECAP
17 May 31, 2017

NOTICE of Filing Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Attachments: # 1 Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, in Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation)(Stahl, Eric) (Entered: 05/31/2017)

1 Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, in Oppo

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RECAP
21 June 5, 2017

NOTICE of documents filed with MDL Panel re MDL 2786 (RS) (Entered: 06/06/2017)

RECAP
20 June 6, 2017

ORDER denying Defendants' 11 Motion to Stay Proceedings Pending Decision on Motion to Transfer. Signed by Judge Robert S. Lasnik. (SWT)

RECAP
22 June 6, 2017

NOTICE of Filing of JPML Reply Brief ; filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Entered: 06/06/2017)

1 JPML Reply Brief

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RECAP
23 June 12, 2017

NOTICE of documents filed with MDL Panel re: MDL 2786. (Notice filed in paper via the U.S. Mail) (PM) (Entered: 06/14/2017)

RECAP
24 June 29, 2017

ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Patil, Chetan) (Entered: 06/29/2017)

RECAP
25 July 10, 2017

AMENDED NOTICE of Presentation or Waiver of Oral Argument re MDL no. 2786 ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (SWT) (Entered: 07/12/2017)

RECAP
26 July 20, 2017

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 07/20/2017)

RECAP
27 July 28, 2017

ORDER Extending Time to Submit Joint Status Report; Joint Status Report due by 8/25/2017, signed by Judge Robert S. Lasnik. (SWT)

RECAP
28 Aug. 2, 2017

ORDER denying transfer re MDL 2786, in re: American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769; signed by Sarah S. Vance, Chair of Panel on Multidistrict Litigation.(SWT) (Entered: 08/02/2017)

RECAP
29 Aug. 25, 2017

JOINT STATUS REPORT signed by all parties (Stahl, Eric) (Entered: 08/25/2017)

RECAP
Aug. 31, 2017

Case Reassigned to Judge Marsha J. Pechman. Judge Robert S. Lasnik no longer assigned to the case. All pleadings filed in the future shall bear case number C17-562MJP. (KERR)

Aug. 31, 2017

Case Assigned/Reassigned to Judge

Aug. 31, 2017

Case Assigned/Reassigned

30 Sept. 1, 2017

NOTICE of Appearance by attorney Jason Lee on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Lee, Jason) (Entered: 09/01/2017)

RECAP
31 Sept. 5, 2017

MINUTE ORDER Extending Time to Submit Joint Status Report. Joint Status Report due by 9/25/2017. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 09/05/2017)

RECAP
Sept. 5, 2017

2 - Minute Order AND ~Util - Set/Reset Deadlines

32 Sept. 25, 2017

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 09/25/2017)

RECAP
33 Sept. 28, 2017

NOTICE of Hearing: Status Conference set for 10/17/2017 at 10:00 AM in Courtroom 14206 before Judge Marsha J. Pechman.(RM) (Entered: 09/28/2017)

RECAP
Sept. 28, 2017

Notice of Hearing

34 Oct. 17, 2017

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Eric Stahl; Def Counsel: Jason Lee, Lawrence Lucarelli; CR: Andrea Ramirez; Status Conference held on 10/17/2017. Court directs Plaintiff to provide the Government with search terms within seven days. The Government is directed to turn over the first 1000 pages of documents responsive to the FOIA request within 30 days. The next 1000 pages are due within 60 days and any remaining pages are due within 90 days. (RM) (Entered: 10/18/2017)

RECAP
Oct. 18, 2017

Status Conference

35 Oct. 19, 2017

PROPOSED ORDER (Unsigned) (Stahl, Eric) (Entered: 10/19/2017)

RECAP
36 Oct. 20, 2017

ORDER re Status Conference on 10/17/17; By January 31, 2018, the parties shall submit a joint status report and proposed case schedule to the Court (See Order for more details), signed by Judge Marsha J. Pechman. (SWT)

RECAP
37 Nov. 6, 2017

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Hearing held on 10/17/2017 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 2/5/2018, (AR) (Entered: 11/06/2017)

RECAP
38 Dec. 26, 2017

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew J Berns and Chetan Patil for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 12/26/2017)

RECAP
39 Jan. 10, 2018

STIPULATION AND PROPOSED ORDER by parties (Lee, Jason) (Entered: 01/10/2018)

RECAP
40 Jan. 12, 2018

STIPULATION AND ORDER signed by Judge Marsha J. Pechman. Defendants shall complete their review and processing of the remaining, approximately 150 outstanding records identified as potentially responsive to Plaintiffs' FOIA request, and produce to Plaintiffs all non-exempt, responsive records, by January 19, 2018. (PM)

RECAP
41 Jan. 29, 2018

STIPULATION AND PROPOSED ORDER by parties (Lee, Jason) (Entered: 01/29/2018)

RECAP
42 Jan. 31, 2018

STIPULATION AND ORDER continuing the deadline to submit the Joint Status Report from 1/31/2018 to 3/2/2018. Signed by Judge Marsha J. Pechman. (PM)

RECAP
43 March 2, 2018

JOINT STATUS REPORT signed by all parties (Attachments: # 1 Proposed Order)(Lee, Jason) (Entered: 03/02/2018)

1 Proposed Order

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RECAP
44 March 6, 2018

MINUTE ORDER: Upon consideration of the parties' joint motion to set deadline for subsequent joint status report, it is ORDERED that the motion is GRANTED and the parties shall file a joint status report by 5/1/2018. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 03/06/2018)

RECAP
March 6, 2018

2 - Minute Order AND ~Util - Set/Reset Deadlines

45 May 1, 2018

JOINT STATUS REPORT and joint motion to set case deadlines signed by all parties (Attachments: # 1 Proposed Order)(Lee, Jason) Modified on 5/2/2018 (RM). (Entered: 05/01/2018)

1 Proposed Order

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RECAP
46 May 3, 2018

ORDER re 45 Joint Status Report and Joint Motion to Set Case Deadlines. Discovery completed by 11/1/2018, Dispositive motions due by 1/31/2019. Signed by Judge Marsha J. Pechman. (PM)

RECAP
47 Nov. 15, 2018

NOTICE of Change of Address/Change of Name of Attorney Eric M Stahl. Filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) Modified firm address on 12/4/2018 (DS). (Entered: 11/15/2018)

RECAP
48 Jan. 23, 2019

Agreed MOTION to Stay, filed by Defendants U.S. Customs and Border Protection, US Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 1/23/2019, (Lee, Jason) (Entered: 01/23/2019)

1 Proposed Order

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RECAP
49 Jan. 24, 2019

ORDER granting Defendants' 48 Consent Motion to Stay in Light of Lapse of Appropriations. Parties shall file a Joint Status Report within thirty days of the restoration of appropriations. Signed by Judge Marsha J. Pechman.(SWT)

RECAP
50 Jan. 28, 2019

NOTICE of Restoration of Appropriations ; filed by Defendants U.S. Customs and Border Protection, US Department of Homeland Security. (Lee, Jason) (Entered: 01/28/2019)

RECAP
51 Jan. 29, 2019

PRAECIPE to attach document re 50 Notice-Other by Defendants U.S. Customs and Border Protection, US Department of Homeland Security (Lee, Jason) (Entered: 01/29/2019)

RECAP
Jan. 29, 2019

Reset Deadlines: Joint Status Report due by 2/25/2019. (RM)

Jan. 29, 2019

Set/Reset Deadlines

Jan. 29, 2019

NOTICE REGARDING LACK OF PROPER SIGNATURE. The 50 Notice of Restoration of Appropriations was improperly signed by Jason Lee. Signatures must comply with ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (PM)

Jan. 29, 2019

Notice re Lack of Proper Signature

52 Feb. 25, 2019

STIPULATION AND PROPOSED ORDER For Dismissal by parties (Stahl, Eric) (Entered: 02/25/2019)

RECAP
53 Feb. 26, 2019

STIPULATION AND ORDER for Dismissal re parties' 52 Stipulation, signed by Judge Marsha J. Pechman. (SWT)

RECAP

Case Details

State / Territory:

Washington

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 1.0: Challenges to the Government

Key Dates

Filing Date: April 12, 2017

Closing Date: Feb. 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State ACLU organizations

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Other Dockets:

Western District of Washington 2:17-cv-00562

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Racial profiling

Record-keeping

Records Disclosure

Religious programs / policies

Terrorism/Post 9-11 issues

Watchlist

Discrimination Basis:

Immigration status

National origin discrimination

Religion discrimination

Affected National Origin/Ethnicity(s):

Arab/Afgani/Middle Eastern

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Detention - conditions

Detention - criteria

Detention - procedures

Refugees

Status/Classification

Visas - criteria

Visas - procedures

Recommended Citation