Oversight Project Sues DHS Over Deportation Data Transparency
Oversight Project files new lawsuit against Trump’s DHS over withheld deportation records and FOIA violations.
4 min read
The Oversight Project and its president, Mike Howell, have filed another lawsuit against the Department of Homeland Security (DHS), according to a complaint obtained exclusively by the Daily Caller. The lawsuit accuses the agency of violating the Freedom of Information Act (FOIA) by failing to release records detailing deportations and voluntary departures from the United States.
The lawsuit follows President Donald Trump’s comments in a 60 Minutes interview the day before.
DHS will not stop building on the historic progress made to secure the southern border. This action will help counter cartel drone threats, protect our personnel, and strengthen security in the airspace above the border. President Trump promised to secure the border, and we are delivering on that promise through continued action and strong partnership with @USDOT and the @DeptofWar. https://t.co/xmKFYo3tBJ
Trump acknowledged that his deportation policy “might be too tough,” said it may have cost Republicans the midterms, and floated a deal with the incoming Democratic Congress that would allow some illegal aliens who work and pay taxes to remain in the country.
The administration is facing scrutiny over its deportation policies while continuing to fight in court to withhold key enforcement figures.
In the latest lawsuit, Howell alleges DHS acknowledged the three FOIA requests and conditionally granted fee waivers but failed to issue formal determinations or produce the requested records, according to the complaint reviewed by the Caller.
The department also transferred one request to U.S. Immigration and Customs Enforcement (ICE) on Oct. 23, but the plaintiffs say they have received no further communication. ICE had previously invoked unusual circumstances to extend its response deadline, according to the complaint.
Howell further alleges four violations of FOIA, including failing to conduct adequate searches, improperly withholding non-exempt records, wrongfully denying fee waivers, and charging fees despite the plaintiffs’ claimed eligibility for free processing.
He is further asking the court to compel DHS to search for and release all responsive, non-exempt records, provide explanations for any information withheld or redacted, and cover their legal costs.
The lawsuit does not challenge the Trump administration’s deportation policies. Instead, it seeks to compel DHS to disclose information about removals, self-departures and spending on the voluntary departure program.
The Oversight Project’s vice president for litigation, Jeff Clark, said the group is returning to federal court because the public has yet to receive basic deportation data.
“It is completely unacceptable to float amnesty talks and claim the Administration went ‘too tough’ when the American people have still not been given the basic, unalloyed data regarding actual interior deportations. Transparency isn’t optional, and voters who elected President Trump on his signature promise deserve receipts, not political happy talk,” Clark said.
“We are heading back to federal court because the public has a right to the truth, and we will not rest until the actual deportation numbers are fully disclosed,” he added.
Oversight Project Obtains Fully Redacted DHS “Self-Deportation” Summary as Deportation Data Blackout Continues https://t.co/KE9te7fZeC
The latest lawsuit follows The Oversight Project’s earlier effort to obtain deportation data, which resulted in DHS releasing just one document in response to the group’s FOIA request: a fully redacted, two-page summary of “voluntary self-departures” first reported by the Caller.
DHS provided the document in response to the group’s earlier FOIA request, and the Justice Department is still defending the agency’s decision to withhold the information, according to documents obtained exclusively by the Caller.
The two-page document, titled “CBP Home Voluntary Self-Departures Summary” and dated Sept. 30, 2026, was fully redacted by DHS under FOIA exemption (b)(5), which covers deliberative process and attorney-client privilege, and exemption (b)(7)(E), which covers law enforcement techniques and procedures.
The agency redacted every number, chart, and label, leaving only its seal, the document’s title and date, and a single footnote visible. The document obtained by the independent 501(c)(4) organization contained no unredacted data fields.
The Oversight Project is engaging in a broader effort to obtain federal deportation statistics. In May, the group launched its Two Commas Compliance Tracker, submitting eight FOIA requests to DHS, ICE and Customs and Border Protection (CBP) seeking information on immigration enforcement, including self-departures through the CBP Home app.
Source: Daily Caller
