ICE Must Turn Over Records From Speech At Sheriffs' Confab

Law360 (March 25, 2020, 7:36 PM EDT) -- U.S. Immigration and Customs Enforcement will have to turn over to the ACLU of Massachusetts draft talking points for a February 2019 speech given by an ICE deputy director, a federal judge ruled Tuesday, saying the notes are not privileged under the Freedom of Information Act.

U.S. District Judge Leo T. Sorokin rejected ICE's argument that the draft talking points for a speech given at a National Sheriffs' Association conference fall within the so-called deliberative process privilege that would exclude them from being produced in a FOIA request.

The ACLU sued in April to obtain recordings and other documents concerning the speech, which related to...

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