This is a developing story and will be updated as more information becomes available. Last updated Nov. 6 at 5:13 p.m.
The office of Mayor Daniel Biss is being sued by a conservative nonprofit over records related to federal immigration enforcement in Evanston.
Judicial Watch, based in Washington, D.C., filed the lawsuit on Oct. 29. In its complaint, the group alleged the mayor’s office failed to comply with a Freedom of Information Act request it filed Sept. 25 for records about Biss’ activities related to federal immigration enforcement.
On the same day, the city notified the nonprofit that it would need five additional days to comply with the request, according to the complaint. Then, on Oct. 9, the city allegedly deemed Judicial Watch’s request “unduly burdensome” and said it could not comply with the request within legal time limits.
Illinois’ FOIA defines a request as unduly burdensome if the burden on the public agency to respond outweighs public interest in the information and the request cannot be narrowed. The lawsuit alleges that Judicial Watch “has no way” to narrow its request and that the city violated FOIA by failing to give the organization the requested non-exempt records.
While FOIA allows members of the public to request a wide range of government records, agencies can exempt information from disclosure when it involves matters such as personal privacy and certain law enforcement investigations.
A spokesperson for the city said it cannot comment on pending litigation.
The lawsuit alleges Judicial Watch asked for records from Jan. 1 onward related to Biss’ activity to protest and “disrupt, monitor, or oppose ICE operations” in Evanston and surrounding areas. According to the lawsuit, the request specifically mentioned protests at the Immigration and Customs Enforcement facility in Broadview, Illinois, around Sept. 19.
Biss, along with fellow Illinois’ 9th Congressional District candidates Kat Abughazaleh and Bushra Amiwala, were teargassed at the Broadview facility after protesting on the morning of Sept. 19.
“The mayor of Evanston’s apparent interference with lawful immigration operations undermines the rule of law and places law enforcement and other innocent lives at risk,” Judicial Watch President Tom Fitton said in a Thursday news release announcing the lawsuit.
The lawsuit alleges Judicial Watch also requested any media maintained by the city about Biss’ participation in ICE-related protests and monitoring activities, as well as communication involving Biss and related to ICE operations, protests and Evanston’s sanctuary city policies. The request also asked for policy directives related to the city’s sanctuary city policies.
The city strengthened its Welcoming City Ordinance in January, saying it will not participate in civil immigration enforcement and share city data with federal immigration agencies and third parties looking to penalize individuals without warrants.
According to the lawsuit, Judicial Watch allegedly requested records related to the city’s decision to deactivate its license plate readers, run by Flock Safety, a surveillance technology company. An audit from the Illinois Secretary of State alleged Flock violated state law in August by allowing U.S. Customs and Border Protection to access data from license plate cameras in Illinois.
Judicial Watch also filed a FOIA-related lawsuit against the office of Gov. JB Pritzker on Oct. 29 about documents related to hosting Texas Democrats when they came to Illinois in August to prevent voting on a congressional redistricting bill.
Email: [email protected]
X: @anavi_52
Related Stories:
— Biss, Abughazaleh, Amiwala confronted by agents at Broadview ICE protest
