Oversight group sues over communications between Harris and CBP as Congress goes into gridlock

A conservative watchdog filed a lawsuit against the Department of Homeland Security this week, seeking to force the agency to ensure all communications between Vice President Kamala Harris's executive office and U.S. Customs and Border Protection regarding the Southwest border and illegal immigration.

In September, the Oversight Project, a good-government group under the umbrella of the conservative Heritage Foundation, filed a Freedom of Information Act (FOIA) request. However, the group believed that DHS's response was inconsistent with federal law and therefore filed a lawsuit in federal court.

HOUSE COMMITTEE INCREASES PRESSURE TO OBTAIN IMPORTANT DOCUMENTS REGARDING HARRIS'S ROLE IN THE BORDER CRISIS

Vice President and Democratic presidential candidate Kamala Harris (center) visits the U.S.-Mexico border with U.S. Border Patrol Tucson Sector Chief John Modlin (right) in Douglas, Arizona, September 27, 2024. (REBECCA NOBLE/AFP via Getty Images)

The lawsuit calls on DHS to release its correspondence with Harris by Oct. 22.

“At this point we are looking for communication between CBP and Vice President Harris' office. She was named “border czar,” and the administration's point is to address the root causes of migration from the Northern Triangle – one might assume, given the importance of that portfolio and the fact that 10 million illegal aliens entered the country under her watch. that there will be a lot of communication between CBP and her office.”

Brosnan said the Oct. 22 deadline is in the public interest to know the major party candidate's position on a major issue in time for him to cast his vote:

“We are demanding our rights through FOIA to obtain this data. And because immigration is such an important election issue, the use and importance of the documents would be greatly reduced from a public education standpoint if we were to get them after the election.”

PENNSYLVANIA VOTERS INTERESTED IN HOT POLITICAL RHETORIC

Immigrants line up at a remote U.S. Border Patrol processing station after crossing the U.S.-Mexico border on December 7, 2023, in Lukeville, Arizona. The Department of Homeland Security Threat Assessment has warned of migrants with links to terrorism taking advantage of the border crisis. (Photo: John Moore/Getty Images)

Hence, he said, the request for a preliminary injunction, which, if approved, would force the government to speed up the release of the documents.

According to records obtained by Fox News Digital, CBP confirmed receipt of the FOIA request on September 18 – citing email correspondence between CBP and Brosnan's colleague, Mike Howell.

CBP's FOIA Office later allegedly closed the request administratively without informing the plaintiffs, claiming that “no documents were submitted” to the FOIA portal.

He continued the surveillance project with CBP requesting that the application be reopened and was informed by the agency that his request was insufficient and lacked details of which specific CBP employee emails they were to review, as well as email domains associated with Harris' executive office that have be included in the search.

In its filing, Brosnan's team pointed to “inconsistencies” between CBP's FOIA response and a similarly structured House Oversight Committee request.

In September, Rep. James Comer, R-Ky., wrote to acting CBP chief Troy Miller repeating his request for documents regarding Harris's handling of the border crisis:

“It is important that the committee and the American people understand Vice President Harris's 'role as a border czar in the ongoing border crisis,'” Comer said in the letter obtained by Fox News Digital.

In an interview last week, Brosnan said the public needs to be aware of what Harris' team has been communicating with CBP about border security if it is truly given the role of overseeing such operations.

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He also cited what he called Harris's recent attempts to “rewrite” the story at the border as a reason why the messages should see the light of day and paint a true picture – positive or negative.

“The public must be informed about what their office was working on and communicate with CBP in real time during the height of the crisis.”

Fox News Digital reached out to Comer and Harris' offices for comment but did not hear back by press time.

Fox News Digital's Adam Shaw contributed to this report.