All OPLA Internal SOPs for Exercising PD

Al Otro Lado filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2022-ICAP-01030

2022-ICFO-17746

Due May 25, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: Al Otro Lado

To Whom It May Concern:

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

All ICE Office of the Principal Legal Advisor office and field office INTERNAL standard operating procedures for exercising prosecutorial discretion pursuant to Kerry E. Doyle's April 3, 2022 Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion memorandum. Please see the external version of the SOPs here: https://www.ice.gov/about-ice/opla/prosecutorial-discretion.

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,

Al Otro Lado

From: Immigration and Customs Enforcement

June 01, 2022 Al Otro Lado MuckRock News DEPT MR 128126 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2022-ICFO-17746 Dear Al Otro Lado: This acknowledges receipt of your April 27, 2022, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all ICE Office of the Principal Legal Advisor office and field office INTERNAL standard operating procedures for exercising prosecutorial discretion pursuant to Kerry E. Doyle's April 3, 2022 Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion memorandum.  Your request was received in this office on April 27, 2022. 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-17746. 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-17746 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

Dear Al Otro Lado,
The password to open the responsive records delivered in a separate email for 2022-ICFO-17746 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: QZ22ew8X
Sincerely, OBIM FOIA Branch

From: Immigration and Customs Enforcement

Otro Lado,

ICE's final response to your FOIA request, 2022-ICFO-17746, for all ICE Office of the Principal Legal Advisor office and field office INTERNAL standard operating procedures for exercising prosecutorial discretion pursuant to Kerry E. Doyle's April 3, 2022 Guidance to OPLA Attorneys Regarding the Enforcement of Civil Immigration Laws and the Exercise of Prosecutorial Discretion memorandum 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

From: Al Otro Lado

These are final guidance, and therefore not exempt under deliberative process privilege nor are they predecisional. Even if parts of the memorandum were exempt under (b)(5), your office has the duty to segregate the segregable portions.

From: Immigration and Customs Enforcement

**Please Do Not Respond Directly -This email has been sent on behalf of ice-foia@dhs.gov**

We have received your Freedom of Information Act request for Appealing withholdings and have assigned it tracking number 2022-ICAP-01030. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Immigration and Customs Enforcement

Otro Lado,

ICE's final response to your FOIA request, 2022-ICAP-01030, for Appealing withholdings 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

  • Final Appeal Letter 2022-ICAP-01030 2022-ICFO-17746 (remand) kpw

From: Immigration and Customs Enforcement

The search for responsive records is complete. This request is in queue to be processed.

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

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