ICE MOUs/MOAs (Massachusetts Bay Transportation Authority (MBTA))

Dear Emma Best,
Your request has been received and is being processed.  Your request was received in this office on July 09, 2019 and given the reference number R000408-070919 for tracking purposes.

Massachusetts Bay Transportation Authority

--- Please respond above this line ---

July 19, 2019
Emma Best MuckRock News, DEPT MR 76736 Somerville, MA  02144
Re: Public Records Request for “To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

Copies of any Memoranda of Agreement (MOAs), Memoranda of Understanding (MOUs), memoranda of agreement or other liaison, information sharing or prisoner/detainee transfer agreements or delegations of authority with or involving Immigration and Customs Enforcement signed or otherwise put into effect between March 1, 2003 and the present.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Emma Best

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ Our Case No.: R000408-070919

Dear Mrs. Best:
The  Massachusetts Bay Transportation Authority (“MBTA”) is in receipt of your request for public records dated July 09, 2019 regarding the above-referenced matter; this request was received by our Records Access Officer on July 09, 2019.
Upon inquiry, I am advised that the MBTA does not have possession, custody or control of the requested records.  Under the Public Records Law, the records custodian is not required to create a record in response to a public records request.  See G. L. c. 66, § 6A(d).  The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request.  See G. L. c. 66, § 10(a)(ii).
Sincerely,
Sonia L. Skinner Attorney