Falcon, New York

August 05, 2019 Caroline Haskins MuckRock Dept MR 77386 411A Highland Ave Somerville, MA 02144
RE:     ICE FOIA Case Number 2019-ICFO-50515 Dear Ms. Haskins: This acknowledges receipt of your July 23, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all of the following records from ICE's New York Field Office:- All emails from ICE's New York Field Office from January 1, 2017 to present that mention Palantir's "FALCON" mobile app.- All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance materials on the use of Palantir's "FALCON" mobile app from ICE's New York Field Office.- A copy of any use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, liability waivers, insurance agreements, Memorandums of Understanding, or informal agreements owned by ICE's New York Field Office that reference Palantir's "FALCON" mobile app or otherwise guide its use.. 

Your request was received in this office on July 23, 2019. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner.

Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to commercial requesters.  As a commercial requester, you will be charged 10 cents per page for duplication, and for search and review time at the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher and reviewer.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.

Your request has been assigned reference number 2019-ICFO-50515. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2019-ICFO-50515 tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

Dear Caroline Haskins,
The password to open the responsive records delivered in a separate email for 2019-ICFO-50515 is listed below. If you do not receive the email containing the responsive documents within a reasonable timeframe please contact our office at foia-obim@hq.dhs.gov. (mailto:foia-obim@hq.dhs.gov)
Document Password: W811iebU
Sincerely, OBIM FOIA Branch

Ms. Haskins,

ICE's final response to your FOIA request, 2019-ICFO-50515, for all of the following records from ICE's New York Field Office:- All emails from ICE's New York Field Office from January 1, 2017 to present that mention Palantir's "FALCON" mobile app.- All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance materials on the use of Palantir's "FALCON" mobile app from ICE's New York Field Office.- A copy of any use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, liability waivers, insurance agreements, Memorandums of Understanding, or informal agreements owned by ICE's New York Field Office that reference Palantir's "FALCON" mobile app or otherwise guide its use. is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

Sincerely,
ICE FOIA