FAC represents independent journalist Joey Scott in litigation against Imperial County to compel disclosure of contracts and communications between the county and the federal Department of Homeland Security (“DHS”) or its components Customs and Border Protection (“CBP”) and Immigration and Customs Enforcement (“ICE”).
On February 5, 2026, Scott asked the county to disclose copies of “purchase orders, contracts, invoices, and statements of work for any financial transactions made to the county from the Department of Homeland Security, Customs and Border Protection, and ICE” from “2018 to today’s date.”
In response, the county said it was waiting for the federal government’s permission to disclose the records based on the “Supremacy Clause of the United States Constitution. Article VI, Clause 2, and Comity doctrine.”
On February 12, 2026, Scott asked the county for copies of “all emails and their attachments about the department’s use of its juvenile detention facilities to secure custody, care, and safekeeping of federal prisoners at the Imperial County Probation & Corrections Department, including CBP’s youth detainees,” from “January 1, 2023 to today’s date.”
The county responded by saying, “Pursuant to the Federal Government agency in charge of these records you are to do a FOIA request to DHS, ICE. The Supremacy Clause of the United States Constitution. Article VI, Clause 2, FOIA, and Comity doctrine.”
FAC sent a letter on February 19, 2026 explaining that the Supremacy Clause does not preempt the CPRA, which does not allow the county to allow mere wishes of another party to control disclosure of public records in the county’s possession. After the county did not respond, FAC filed the lawsuit.
News:
FAC Sues Imperial County for Secret Federal Immigration Agency Contracts and Emails (4/17/2026)
Legal Documents:
Petition for Declaratory Relief and Writ of Mandate (4/20/2026)