Man Sues State Dept Over Child's Passport Records Under FOIA
A federal court in Washington, DC ruled in September 2026 that the State Department properly handled a FOIA request for a child's passport records — and sided with the government. The case started when a father asked for documents his ex-wife submitted to a U.S. consulate in China. It ended with a lesson about what FOIA can and cannot do for immigrants seeking government records.
A federal court in Washington, DC ruled in September 2026 against a man who sued the U.S. Department of State for records related to his child's passport applications. The case, Bing Hong Li v. U.S. Department of State (Civil Action No. 25-2906), shows how the Freedom of Information Act — a law that lets anyone request government records — works in practice, and where its limits are.
What happened in this case
Bing Hong Li filed a FOIA request in July 2023 asking the State Department for documents his ex-wife submitted to the U.S. Consulate General in Guangzhou, China, when renewing their child's passport in 2012 and 2017. The Department searched its Passport Information Electronic Records System (PIERS) — a database of passport applications going back to 1994 — and found three records: passport applications from 2008, 2012, and 2017. It released those documents to Li, but redacted (blacked out) personal information about the child's mother and the names of adjudicating officers, citing FOIA Exemption 6, which protects personal privacy.
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Li believed more documents existed. He filed an administrative appeal in February 2024. The State Department took his appeal seriously: it remanded the case for further review, searched additional databases, and worked with staff at the Guangzhou consulate. In September 2024, it found two more records — 17 additional pages — and released those as well, again with privacy redactions. The Department stated that no records were withheld in full. Li disagreed and filed a federal lawsuit in August 2025. After both sides filed motions for summary judgment, the court ruled in September 2026 in favor of the State Department, finding that the agency had conducted an adequate search and properly applied its exemptions.
Why this matters for immigration news today
This case is a reminder that FOIA is a real legal tool available to immigrants and their family members — not just journalists or lawyers. You can use it to request government records about visa applications, passport adjudications, or consular decisions. But the law does not guarantee you will get every document you believe exists. Courts look at whether the agency searched in the right places using reasonable methods, not whether every possible record was found. If an agency searches its relevant systems and finds nothing more, that can be enough — even if you suspect more documents are out there.
What to do
- If you want government records about your own immigration case — a visa denial, a passport decision, a consular file — you can submit a FOIA request directly to the relevant agency (State Department, USCIS, or ICE) at no cost.
- If the agency's response seems incomplete, you have the right to file an administrative appeal before going to court. Do this first — courts expect you to exhaust that step.
- Keep copies of every communication with the agency, including dates and reference numbers. This documentation matters if you later need to prove the agency's search was inadequate.
- If you plan to file a federal lawsuit over a FOIA denial, consult an immigration lawyer first — FOIA litigation has strict procedural rules and the burden of proof is on the agency, but you still need to argue your case effectively.
What to do, step by step — see our guide “Immigration Court Rulings”.
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FOIA is genuinely useful for immigrants who want to see what's in their consular or immigration file — but courts judge the adequacy of an agency's search, not whether every document you expected actually exists. If you receive redacted records, check whether the agency cited a specific exemption like Exemption 6 (personal privacy) or Exemption 7 (law enforcement); those can be challenged on appeal. Before filing a federal lawsuit over a FOIA dispute, speak with an attorney — the procedural requirements are strict and missing a step can end your case before it begins.
Frequently Asked Questions
Can I use FOIA to get records about my own visa or passport application?
Yes. FOIA allows anyone — including immigrants and their family members — to request government records. For State Department records like passport or visa files, you submit a request to the State Department's Office of Information Programs and Services. There is no filing fee.
What if the agency says it found no records, but I know documents exist?
Courts look at whether the agency searched the right systems using reasonable methods — not whether every possible document was found. If you believe the search was inadequate, you can challenge it on administrative appeal and, if needed, in federal court. But you need specific reasons, not just a belief that more exists.
Why did the State Department redact parts of the documents?
The Department used FOIA Exemption 6, which protects personal privacy. In this case, it blacked out identifying information about the child's mother and the names of consular officers who processed the applications. Agencies are allowed to redact this type of information under the law.
Do I need a lawyer to file a FOIA request?
No — you can file a FOIA request on your own, and many people do. But if you want to appeal a denial or file a federal lawsuit, lawyers strongly recommend getting legal help. FOIA litigation has specific procedural rules, and an attorney can help you argue that the agency's search was inadequate.