-
Original Date Announced
December 19, 2025A whistleblower disclosure sent to the Senate Homeland Security & Governmental Affairs and Judiciary committees by the Government Accountability Project alleges that USCIS has violated the Freedom of Information Act (FOIA) and a court order by instituting restrictive policies on FOIA requests that lead to their closure. A 2020 district-court order from Nightingale v. USCIS, No. 3:19-cv-03512 (N.D. Cal.), required USCIS to meet FOIA statutory deadlines for A-File immigration-record requests, eliminate existing backlogs for such requests within 60 days, and submit quarterly compliance reports.
The whistleblower, an employee at USCIS's National Records Center, revealed certain policies that call into question USCIS's December 15, 2025 compliance report filed in Nightingale, claiming that the agency has reduced its FOIA-request backlog by 99.6% over three months. Some of the revealed policies include: instructing staff not to act on FOIA requests listing an attorney's address instead of the applicant's, closing FOIA requests due to minor discrepancies in optional information about parents, and withholding certain documents absent a justified FOIA exemption.
Trump 2.0 [ID #2128]
2025.12.19 Government Accountability Project - Protected Whistleblower Disclosure Regarding USCIS FOIA PoliciesCurrent Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: USCISAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.12.19 American Immigration Council - Whistleblower Report Reveals USCIS Is Circumventing Court Order on Immigrants’ Access to their Records
The American Immigration Council, which is one of the groups litigating Nightingale, reports on the whistleblower report, emphasizing that USCIS's deliberate obstruction impedes due process, delays immigration benefits and court proceedings, and reflects a broader pattern of the administration avoiding accountability while misrepresenting compliance.
Go to article