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Court Orders ICE to Produce Metadata in Responding to FOIA Request

U.S. District Judge Shire A. Scheindlin has ordered the U.S. Immigration and Customs Enforcement Agency (ICE) to turn over thousands of documents and emails in electronic format.

The plaintiffs, immigration rights organizations, sought records from ICE concerning its “secure communities” program. Rather than request the records in paper form, the plaintiffs asked that the records be produced in TIFF format with load files and/or native format. The plaintiffs sought these specific electronic forms in order to review the metadata associated with the requested documents.

Recognizing the importance of metadata to electronic records, the Court ordered ICE to comply, in part, with the Plaintiffs’ requested form of production. “Metadata maintained by the agency as a part of an electronic record is presumptively producible under FOIA, unless the agency demonstrates that such metadata is not “readily reproducible,” the court wrote.

See: National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, No. 10-CV-3488 (S.D. NY. 2011).

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Related legal case

National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency