Abortion Medication Seizure
| Tracking # |
CBP-2019-054011 CBP-2019-054011, CBP-OFO-2019-054011 CBP-2019-054011 |
| Submitted | May 20, 2019 |
| Due | June 18, 2019 |
| Est. Completion | None |
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Communications
From: Kate Bertash
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records and documents and police reports, referencing or pertaining abortion medication pills sent via the mail to recipients in the United States, which may be referred to in any responsive documents as Mifepristone, Misoprostol, RU-486, Cytotec, Misodel or other terms.
Please include any documents or reports that reference abortion medication in reports on seizure of prescription medication contraband. If available, please also include the number of packages containing abortion medication that have been stopped for their contents, for the 10 most recent years for which this data may be available.
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,
Kate Bertash
From: United States Customs and Border Protection
This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2019-054011&type=request)
* Tracking Number: CBP-2019-054011
* Requester Name: Kate Bertash
* Date Submitted: 05/21/2019
* Request Status: Submitted
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records and documents and police reports, referencing or pertaining abortion medication pills sent via the mail to recipients in the United States, which may be referred to in any responsive documents as Mifepristone, Misoprostol, RU-486, Cytotec, Misodel or other terms.
Please include any documents or reports that reference abortion medication in reports on seizure of prescription medication contraband. If available, please also include the number of packages containing abortion medication that have been stopped for their contents, for the 10 most recent years for which this data may be available.
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,
Kate Bertash
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: United States Customs and Border Protection
The FOIA request - CBP-2019-054011 description has been modified. Additional details for this item are as follows:
* Tracking Number: CBP-2019-054011
* Requester: Kate Bertash
* Submitted Date: 05/20/2019
* Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records and documents and police reports, referencing or pertaining abortion medication pills sent via the mail to recipients in the United States, which may be referred to in any responsive documents as Mifepristone, Misoprostol, RU-486, Cytotec, Misodel or other terms.
Please include any documents or reports that reference abortion medication in reports on seizure of prescription medication contraband. If available, please also include the number of packages containing abortion medication that have been stopped for their contents, for the 10 most recent years for which this data may be available.
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,
Kate Bertash
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: United States Customs and Border Protection
The FOIA request CBP-2019-054011 has had its Tracking Number changed to CBP-OFO-2019-054011. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2019-054011
* New Tracking Number: CBP-OFO-2019-054011
* Requester Name: Kate Bertash
* Date Submitted: 05/20/2019
* Long Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records and documents and police reports, referencing or pertaining abortion medication pills sent via the mail to recipients in the United States, which may be referred to in any responsive documents as Mifepristone, Misoprostol, RU-486, Cytotec, Misodel or other terms.
Please include any documents or reports that reference abortion medication in reports on seizure of prescription medication contraband. If available, please also include the number of packages containing abortion medication that have been stopped for their contents, for the 10 most recent years for which this data may be available.
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,
Kate Bertash
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: United States Customs and Border Protection
Kate Bertash
MuckRock News, DEPT MR 73581
411A Highland Ave
Somerville, MA, 02144
05/22/2019
CBP-OFO-2019-054011
Dear Kate Bertash:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 05/21/2019 in which you are seeking records referencing or pertaining to abortion medication such as Mifepristone, Misoprostol, RU-486, Cytotec, and/or Misodel sent to recipients in the United States. Please use the following unique FOIA tracking number CBP-OFO-2019-054011 to track the status of your request. If you have not already done so, you must create a FOIAonline account at https://foiaonline.gov. This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)
Provisions of the Act allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt. Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c).
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests. Currently, the average time to process a FOIA request related to "travel/border incidents" is a minimum of 3-6 months. We truly appreciate your continued patience.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)
Sincerely,
U.S. Customs and Border Protection
From: United States Customs and Border Protection
The FOIA request CBP-OFO-2019-054011 has had its Tracking Number changed to CBP-2019-054011. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-OFO-2019-054011
* New Tracking Number: CBP-2019-054011
* Requester Name: Kate Bertash
* Date Submitted: 05/20/2019
* Long Description: To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records and documents and police reports, referencing or pertaining abortion medication pills sent via the mail to recipients in the United States, which may be referred to in any responsive documents as Mifepristone, Misoprostol, RU-486, Cytotec, Misodel or other terms.
Please include any documents or reports that reference abortion medication in reports on seizure of prescription medication contraband. If available, please also include the number of packages containing abortion medication that have been stopped for their contents, for the 10 most recent years for which this data may be available.
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,
Kate Bertash
Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
From: United States Customs and Border Protection
CBP-2019-054011 has been processed with the following final disposition: Partial Grant/Partial Denial.
Please see attached response letter. You must log into your FOIAonline account to view your records.
From: Kate Bertash
Dear FOIA Division:
This is an appeal under the Freedom of Information Act.
On May 20th, 2019, I requested documents pertaining to abortion medication seizure by Customs and Border Protection under the Freedom of Information Act. My request was assigned the following identification number: CBP-2019-054011. On March 8th, 2020, I received a response to my request in a letter that was not signed by any individual official. I appeal the denial of my request.
Although 3 exemptions were cited in response to my request, the documents that were withheld must be disclosed under the FOIA as under section (8)(A)(ii)(II) "An agency shall - take reasonable steps necessary to segregate and release nonexempt information." No reasonable steps were taken by Customs and Border Protection to segregate and release nonexempt documents in response to my request. I will outline my requests to segregate this information or to better define their qualification for release in response to each cited exception below:
FOIA Exemption (b)(6) exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. My request for CBP records related to abortion medication seizure explicitly does not request personnel files or names of individual CBP employees. Should CBP determine that they are part of these records in a way that is of sufficient privacy interest, it is my request that reasonable steps be taken to ensure they be removed or redacted so that this obligation to the public can be met.
FOIA Exemption (b)(7)(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. It is the responsibility of CBP to take reasonable action to remove or redact information of individuals whose shipments are seized in order to meet the obligation to disclose my requested records under FOIA.
There is also no compelling privacy interest in CBP withholding the agency's copies of information from cases of individuals who were already convicted of federal offenses related to these requests, as that information is already functionally public, and so should be released upon request.
FOIA Exemption (b)(7)(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions. This exception does not override compelling public interest in disclosure of documents by Customs and Border Protection so that the public may see whether and how well the agency is performing its required statutory duties.
This exception also does not include Customs and Border Protection procedures that are routine and commonly known to the public, including techniques that are commonly described or depicted in movies, popular novels, stories or magazines, or on television. These include CBP's well-known purview of inspection and control of goods moving over the US border as witnessed by the public every day in airports, mail systems, and as reported in news articles about shipments of goods coming from overseas. Because the existing general public knowledge of these processes does not increase risk of circumvention of the law, I am again requesting that CBP meet its obligation to release the requested records.
Thank you for your consideration of my appeal request.
Sincerely,
Kate Bertash
From: United States Customs and Border Protection
Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.
From: United States Customs and Border Protection
Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.
From: United States Customs and Border Protection
Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.
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