ICAP, in partnership with the Texas Civil Rights Project (TCRP), filed a Freedom of Information Act (FOIA) lawsuit against U.S. Customs and Border Protection and Immigration and Customs Enforcement to uncover the internal mechanics of the “Title 42” expulsion policy. During the COVID-19 pandemic, the federal government began summarily expelling thousands of unaccompanied and undocumented children without the legal process and protections guaranteed by the Trafficking Victims Protection Reauthorization Act (TVPRA). The lawsuit sought critical records regarding the protocols, directives, and numbers involved in these removals, which bypassed the standard asylum system and humanitarian protections for minors.
The litigation has been a vital tool for government transparency in a high-stakes humanitarian crisis. By compelling the production of thousands of pages of previously shielded data and internal guidance, ICAP and TCRP exposed how the Executive Branch utilized a public health order to override statutory protections for children.
