Border Patrol Iranians II

Please see the attached correspondence.

The FOIA request CBP-2020-024931 has had its Tracking Number changed to CBP-OFO-2020-024931. 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-2020-024931
* New Tracking Number:
CBP-OFO-2020-024931
* Requester Name:
Jimmy Tobias
* Date Submitted:
01/10/2020
* Long Description:
To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Kenneth Williams, CBP's Blaine Sector Port Director, that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Williams' deputies. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Williams or his deputies that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and The Nation, and request a fee waiver.

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,

Jimmy Tobias

The FOIA request CBP-OFO-2020-024931 has had its Tracking Number changed to CBP-2020-024931. 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-2020-024931
* New Tracking Number:
CBP-2020-024931
* Requester Name:
Jimmy Tobias
* Date Submitted:
01/10/2020
* Long Description:
To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Kenneth Williams, CBP's Blaine Sector Port Director, that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Williams' deputies. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Williams or his deputies that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and The Nation, and request a fee waiver.

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,

Jimmy Tobias

Your request for Fee Waiver for the FOIA request CBP-2020-024931 has been
determined to be not applicable as the request is not billable.

* Fee Waiver Original Justification:
I am a reporter for The Guardian and The Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
* Fee Waiver Disposition Reason:
N/A

Jimmy Tobias

N/A

MuckRock News DEPT MR 85191
411A Highland Ave
Somerville, MA, 02144

06/03/2020

Dear Jimmy Tobias,

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-2020-024931.

CBP has determined that the responsive records are denied in full, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions.

This completes the CBP response to your request.  You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your FOIAonline account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150.  The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process. Please notate file number CBP-2020-024931 on any future correspondence to CBP related to this request.

If you are not satisfied with the response to this request, you have a right to appeal the final disposition.  Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8.  Please include as much information as possible to help us understand the grounds for your appeal.  You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request.   If you do not have computer access, you may send your appeal and a copy of this letter to:  FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177.  Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia.  Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptions-foia_0.pdf.

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. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.

Please notate file number CBP-2020-024931 on any future correspondence to CBP related to this request.

Sincerely,

U.S. Customs and Border Protection

The FOIA
appeal
- CBP-AP-2020-069611 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-069611
* Requester: Jimmy Tobias
* Submitted Date: 07/31/2020
* Description:
appeals exemption used for full denial

The FOIA
appeal
- CBP-AP-2020-069611 description has been modified. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-069611
* Requester: Jimmy Tobias
* Submitted Date: 07/31/2020
* Description:
appeals exemption used for full denial

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