287g arrest data

Todd Feathers filed this request with the Immigration and Customs Enforcement of the United States of America.
Due March 22, 2017
Est. Completion None
Awaiting Response


From: Todd Feathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

1) All "statistical or aggregated arrest data," as referenced in Section XI of 287(g) program memorandums of agreement, submitted to Immigration and Customs Enforcement since Jan. 1, 2009 by agencies participating in the 287(g) program.

I ask that all fees be waived as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes. I also ask for expedited processing of this request as law enforcement agencies across the country are currently considering entering the 287(g) program, and their decisions will have immediate and life-changing ramifications -- such as the incarceration and/or deportation of family members -- for millions of Americans. Before agency officials or voters make decisions regarding the 287(g) program, which is currently garnering an unprecedented level of public interest, they should be supplied with all the information at the easy disposal of ICE. It should be noted how simple this request is: the requested record is a an already compiled spreadsheet that requires no redaction.

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.


Todd Feathers


Good morning,

The FOIA office is currently working through entering a backlog of new requests. Once your request has been entered into our system you will receive an acknowledgment e-mail along with a tracking number assigned to you request.



From: US DHS Immigration and Customs Enforcement FOIA Office

April 13, 2017 TODD FEATHERS MuckRock DEPT MR 33813 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2017-ICFO-23728 Dear Mr. FEATHERS: This acknowledges receipt of your February 22, 2017, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for request the following records: All "statistical or aggregated arrest data," as referenced in Section XI of 287(g) program memorandums of agreement, submitted to Immigration and Customs Enforcement since Jan. 1, 2009 by agencies participating in the 287(g) program..  Your request was received in this office on February 22, 2017. 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. If we do not hear from you within 10 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed.  Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future. Your request has been assigned reference number 2017-ICFO-23728. 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 2016-ICFO-XXXXX or 2017-ICFO- (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status XXXXX 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 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.
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: Todd Feathers


It amazes me that my request is not specific enough, considering I cited the exact section of an ICE document that describes the records in detail. I'm not sure how much clearer I can be, but here goes:

Any agency that enters a 287(g) agreement -- allowing them to perform certain immigration actions -- must sign a memorandum of agreement. Section XI (11) of that MoA reads: "The (agency) will provide statistical or aggregated arrest data to ICE, as requested by ICE. The (agency) Will also provide specific tracking data and/or any information, documents or evidence related to the circumstances of a particular arrest upon request."

As I stated in my original request, I am seeking all "statistical or aggregated arrest data" provided to ICE since Jan. 1, 2009 by agencies who have signed 287(g) memorandums of agreement.

If you require any further clarification, please call me at 978-970-4650.

Thank you,