2021 SIRs - ICE Detention - by Field Office

Andrew Free filed this request with the Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) of the United States of America.
Tracking #

2022-ICFO-09420

Due Oct. 18, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Andrew Free

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All Significant Incident Reports submitted by ICE detention contractors, ICE personnel, or other DHS personnel regarding significant incidents in ICE detention centers occurring from January 20, 2021 to the present.

Any records reflecting the total number of Significant Incident Reports by Field Office.

Any records reflecting ICE leadership’s response to each Significant Incident Report received on or after January 20, 2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 20 business days, as the statute requires.

Sincerely,

Andrew Free

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

March 23, 2022 Andrew Free MuckRock News DEPT MR 117416 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2022-ICFO-09420 Dear Mr. Free: This acknowledges receipt of your August 09, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for the following records: all Significant Incident Reports submitted by ICE detention contractors, ICE personnel, or other DHS personnel regarding significant incidents in ICE detention centers occurring from January 20, 2021 to the present; any records reflecting the total number of Significant Incident Reports by Field Office; and any records reflecting ICE leadership’s response to each Significant Incident Report received on or after January 20, 2021.  Your request was received in this office on August 09, 2021. PLEASENOTE: Requesters seekingresponsive records from the U.S. Immigration and Customs Enforcement (ICE) areencouraged to create a DHS FOIA Public Access Link (PAL) accountat: . Creating a PALaccount will allow you to directly submit your FOIA request to ICE and trackthe status of your request. In PAL, you can view your prior PAL submissions,sent correspondences, and responsive records. Although PAL is preferred, ICEFOIA will continue to accept FOIA requests via email at (https://foiarequest.dhs.gov/) https://foiarequest.dhs.gov or via regularmail at U.S. Immigration and Customs Enforcement, Freedom ofInformation Act Office, 500 12 ICE-FOIA@ice.dhs.gov th St. SW, STOP 5009, Washington,DC 20536-5009. 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. FOR COMMERCIAL REQUESTERS: 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. FOR MEDIA REQUESTERS: 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 media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  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. FOR EDUCATIONAL REQUESTERS: 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 educational requesters.  As an educational requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  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. FOR PRIVATE INDIVIDUALS AND OTHER REQUESTERS: 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 non-commercial requesters.  As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher.  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 2022-ICFO-09420. 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 2022-ICFO-09420 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, Marcus Francis, 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

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

March 23, 2022 Andrew Free MuckRock News DEPT MR 117416 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2022-ICFO-09420 Dear Mr. Free: This acknowledges receipt of your August 09, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all Significant Incident Reports submitted by ICE detention contractors, ICE personnel, or other DHS personnel regarding significant incidents in ICE detention centers occurring from January 20, 2021 to the present; any records reflecting the total number of Significant Incident Reports by Field Office; and any records reflecting ICE leadership’s response to each Significant Incident Report received on or after January 20, 2021.  Your request was received in this office on August 09, 2021. Please disregard the first acknowledgement email sent. PLEASENOTE: Requesters seekingresponsive records from the U.S. Immigration and Customs Enforcement (ICE) areencouraged to create a DHS FOIA Public Access Link (PAL) accountat: . Creating a PALaccount will allow you to directly submit your FOIA request to ICE and trackthe status of your request. In PAL, you can view your prior PAL submissions,sent correspondences, and responsive records. Although PAL is preferred, ICEFOIA will continue to accept FOIA requests via email at (https://foiarequest.dhs.gov/) https://foiarequest.dhs.gov or via regularmail at U.S. Immigration and Customs Enforcement, Freedom ofInformation Act Office, 500 12 ICE-FOIA@ice.dhs.gov th St. SW, STOP 5009, Washington,DC 20536-5009. 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. 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 2022-ICFO-09420. 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 2022-ICFO-09420 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, Marcus Francis, 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

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

March 23, 2022 Andrew Free MuckRock News DEPT MR 117416 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2022-ICFO-09353 Dear Mr. Free: This acknowledges receipt of your August 09, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records to show all Significant Incident Reports submitted by ICE detention contractors, ICE personnel, or other DHS personnel regarding significant incidents in ICE detention centers occurring from January 20, 2021 to the present, any records reflecting the total number of Significant Incident Reports by Field Office as well as any records reflecting ICE leadership’s response to each Significant Incident Report received on or after January 20, 2021.  Your request was received in this office on August 09, 2021. PLEASENOTE: Requesters seekingresponsive records from the U.S. Immigration and Customs Enforcement (ICE) areencouraged to create a DHS FOIA Public Access Link (PAL) accountat: . Creating a PALaccount will allow you to directly submit your FOIA request to ICE and trackthe status of your request. In PAL, you can view your prior PAL submissions,sent correspondences, and responsive records. Although PAL is preferred, ICEFOIA will continue to accept FOIA requests via email at (https://foiarequest.dhs.gov/) https://foiarequest.dhs.gov or via regularmail at U.S. Immigration and Customs Enforcement, Freedom ofInformation Act Office, 500 12 ICE-FOIA@ice.dhs.gov th St. SW, STOP 5009, Washington,DC 20536-5009. 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 media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  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 2022-ICFO-09353. 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 2022-ICFO-09353 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, Marcus Francis, 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

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

March 28, 2022 Andrew Free MuckRock News DEPT MR 117416 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2022-ICFO-09353 Dear Mr. Free: This acknowledges receipt of your August 09, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records to show all Significant Incident Reports submitted by ICE detention contractors, ICE personnel, or other DHS personnel regarding significant incidents in ICE detention centers occurring from January 20, 2021 to the present, any records reflecting the total number of Significant Incident Reports by Field Office as well as any records reflecting ICE leadership’s response to each Significant Incident Report received on or after January 20, 2021.  Your request was received in this office on August 09, 2021. Upon review of your request, ICE has determined that this office has previously received this request from you. The previous request was assigned FOIA Number 2022-ICFO-09420. As this request is a duplicate of your previous request, it has been administratively closed.
If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, please contact FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call free (866) 633-1182, or you may contact our FOIA Public Liaison, Marcus Francis, in the same manner. Additionally, you have a 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.

Your request has been assigned reference number 2022-ICFO-09353. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit http://www.dhs.gov/foia-status. Please note that to check the status of a request, you must enter the 2022-ICFO-09353 (http://www.dhs.gov/foia-status) tracking number. 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 (http://www.ice.gov/foia)

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

Good day,

After careful review of your FOIA request, we determined that your request is too broad in scope, did not specifically identify the records which you are seeking, or only posed questions to the agency. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, §5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.

Please resubmit your request containing a reasonable description of the records you are seeking. Upon receipt of a perfected request, you will be advised as to the status of your request.

Sincerely,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

Good afternoon,

In regards to your request 2022-ICFO-09420, it is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents received. Thank you for your continued patience.

Sincerely,
ICE/FOIA

From: Andrew Free

Good afternoon,

I hereby appeal the agency’s “too broad” determination, and the agency’s mischaracterization of this determination—which is a functional denial—as something for which administrative closure would be appropriate. Please not that ICE has been making these baseless determinations since at least 2019, and each time you make them in the FOIA Office, I have gotten them reversed at the appeals stage. I am happy to provide case numbers to establish this pattern and practice, should the appeals office or your oversight committees in Congress which to take a deep dive.

Please note as well that your FOIA Office has professed to have NO training materials responsive to my request for the basis on which a FOIA analysis makes a “too broad” determination.

I request expedited processing of this appeal on the basis of the agency’s active obstruction of access to these public records, which violates the text of both the FOIA and the implementing regulations.

Please, please, please stop doing this. Send an email asking for clarification if you don’t understand the request. That’s what competent FOIA professionals do in other agencies. Send a proposal to narrow if you think it’s too much to search for. But please, please, please stop obstructing the public’s access to basic information about what our government is up to.

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

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