FOIA: Releasing travel and refugee ban reports

IRAP filed a lawsuit in the Southern District of New York against the Department of State (“DOS”) and the Department of Homeland Security (“DHS”) challenging their refusal to respond to a Freedom of Information Act (FOIA) request seeking disclosure of an discreet number of reports related to the implementation and issuance of the travel and refugee bans.

Some of the documents sought in the FOIA Requests were released to the New York Times, prompting publication of an article reporting on the government’s proposed overhaul of the U.S. Refugee Admissions Program (“USRAP”). Despite the disclosure of these documents to the press, Defendants failed to release the requested documents in response to the underlying FOIA Requests and have further failed to release the information to the public. 

Background

On January 20, 2025, the Trump administration issued the “Refugee Ban” which suspended the entry of refugees into the United States through the USRAP beginning on January 27, 2025, and the suspension of processing of applications for refugee status. The Refugee Ban requires the Secretary of Homeland Security, in consultation with the Secretary of State, to submit a report to the President within 90 days of the order advising whether the resumption of USRAP is in the national interest of the United States.

On June 4, 2026, and December 16, 2025 President Trump issued the Travel Ban through two Executive Orders. Together, the Travel Bans fully or partially restrict the nationals of 39 countries from entering the United States with two enumerated case-by-case exceptions. The June Travel Ban requires Secretary of State submit a report to the President 90 days after the issuance of the Travel Bans and every 180 days thereafter assessing the need for continued restrictions and making recommendations as to whether countries should be removed or added to the list of restricted countries.

IRAP filed FOIA Requests with DOS and DHS on December 19, 2025 requesting the reports referenced in the Travel and Refugee Bans as well as the documents disclosed to the New York Times that were discussed in the October 15, 2025 article.

Impact

This case seeks to compel DOS and DHS to release information on how they are implementing the travel and refugee bans. Since the Travel Bans were issued, significant questions about their implementation and scope remain, including whether the Travel Bans apply to those entering with refugee status or humanitarian parole, how the case-by-case exceptions are applied, and whether the more countries will be added to the list of restricted countries. The lack of publicly available information about the Travel Bans is a matter of grave public concern to those impacted both within the United States and abroad. Similarly, the Refugee Ban impacts hundreds of thousands of individuals, along with their families, employers, attorneys, and communities that now exist in a state of limbo, unsure of their ability to travel to the U.S. as refugees or reunite with family members. 

Case status

• April 15, 2026: Complaint is filed in in the Southern District of New York District Court.