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Guardian U.S. v. U.S. Immigration and Customs Enforcement

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  1. Freedom of information
RCFP attorneys are representing the news outlet in a FOIA lawsuit.

Case Number: 1:26-cv-00944

Court: U.S. District Court for the District of Columbia

Client: Guardian U.S.

Complaint Filed: March 18, 2026

Background: In January 2026, Guardian U.S. Data Editor Will Craft submitted a Freedom of Information Act request to U.S. Immigration and Customs Enforcement seeking records related to pregnant, postpartum, and nursing people in ICE custody, including records dating back to October 2024 that document the total number of miscarriages and live births in ICE detention.

ICE acknowledged receipt of the request, but the agency has failed to make a determination or release any responsive records.

On behalf of Guardian U.S., attorneys from the Reporters Committee for Freedom of the Press filed this lawsuit to obtain the records, alleging that ICE violated FOIA by failing to comply with statutory deadlines and wrongfully withholding agency records. The lawsuit asks the U.S. District Court for the District of Columbia to order ICE to conduct a timely search for the requested records and to turn over all non-exempt records.

Related: Reporters Committee attorneys are representing The Guardian in a separate FOIA lawsuit against ICE that seeks access to deportation records dating back to Jan. 1, 2025. In response to that lawsuit, filed last year, ICE recently released records undercutting the Trump administration’s claims that its sweeping immigration enforcement crackdown is focused on arresting “dangerous criminals,” according to an analysis from the news outlet

Filings:

2026-03-18: Complaint

2026-03-18: Exhibit one

2026-03-18: Exhibit two

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