CBP DCRA Response Meta-FOIA
| Tracking # |
CBP-FO-2024-057084 |
| Submitted | Feb. 8, 2024 |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Please provide all record CBP FOIA and its other offices created in response to the FOIA request it assigned CBP-FO-2023-083502. The agency acknowledged receiving this request on May 23, 2023, and produced records on February 8, 2024.
Please produce at minimum,
(1) the FOIA tasker CBP FOIA created assigning this request,
(2) the Daily Media Summary CBP FOIA created including this request, and
(3) the processing form any custodians created indicated systems of records searched, time spent searching, search terms, the date the search was tasked, and the time period searched.
Pursuant to 6 CFR 5.5(e), I respectfully request expedited processing and make the following statements under penalty of perjury pursuant to 28 USC 1746:
1. The records CBP FOIA released on February 8, 2024, encompass 44 individual deaths over a 9-month period (rather than the 99.5-month period we sought).
2. The records set contains least 8 in-custody CBP deaths for which no prior record of public release by CBP appears to exist, in contravention of the agency's Death Notifications policy.
3. The records set omits several publicly reported in-custody CBP deaths during the 9-month the records encompass, apparently putting CBP in violation of its obligations under DCRA.
4. The General Accountability Office has repeatedly concluded CBP needed to improve its death reporting mechanisms.
5. In-custody CBP deaths and federal law enforcement agencies' noncompliance with DCRA have been subject of widespread media criticism, with repeat findings of the noncompliance.
6. I am a member of the media, primarily engaged in information dissemination.
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: United States Customs and Border Protection
02/22/2024
Request Number: CBP-FO-2024-057084
Dear Andrew Free:
Please use the following link to navigate to your documents. This link will be available for 365 days.
To retrieve the records associated with this request use this link Released Documents for Request CBP-FO-2024-057084 or enter https://www.securerelease.us/request-details/E4D6645E-A8F6-4C50-AA1A-9A090C11C078/2 in your browser’s address bar.
Please login or create a new user account using the email address associated with your records request: requests@muckrock.com
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4514961-20240222095715896
From: United States Customs and Border Protection
Andrew Free
N/A
MuckRock News, DEPT MR158520
263 Huntington Ave
Boston, Massachusetts 02115
02/22/2024
CBP-FO-2024-057084
Dear Andrew Free:
A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-FO-2024-057084, requesting records maintained by CBP.
CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions notated below:
Exemption Summary:
(b)(6) (b)(7)(C)
Pursuant to exemption (b)(6) (b)(7)(C), 0 pages have been withheld in full and 6 pages in part.
Permits withholding of records and information about individuals when disclosure would be a clearly unwarranted invasion of personal privacy.
Permits withholding of records when an unwarranted invasion of personal privacy could reasonably be expected.
(b)(7)(E)
Pursuant to exemption (b)(7)(E), 0 pages have been withheld in full and 3 pages in part.
Permits withholding of records when techniques and procedures for law enforcement investigations or process would be disclosed or provided such disclosure could reasonably be expected to risk circumvention of law.
Pursuant to DHS Instruction 262-11-004, FOIA Officers at DHS have been instructed to withhold personally identifiable information (PII) and sensitive personally identifiable information (SPII) of DHS personnel unless a determination is made that the disclosure does not raise security or privacy concerns, or if those concerns are outweighed by any public interest in that information. This policy is available online. Under this policy, the names of senior leaders, spokespersons, and political appointees are generally releasable. With respect to this FOIA request, DHS may have applied FOIA Exemption 6 to protect PII of DHS employees, including names and contact information. To the extent that has DHS withheld employee PII within these records, it has been determined that the employee(s) has/have substantial and legitimate privacy interests and that these interests are not outweighed by any public interest in the operations of the Department.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
You may notice a recent date on the attached records. This is the date our processor queried the record in response to your FOIA request. For clarity, it is not the date the agency first created the record.
The following item(s) also apply to your request:
• Approximately [ 0 ] pages were withheld in their entirety.
• Fees: In the processing of this FOIA request, no fees are being assessed.
• Other:
This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your SecureRelease account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. (If you need telecommunication relay service (TRS) assistance to communicate with the CBP FOIA Office and you are in the United States, please dial 711 to obtain TRS assistance and notify the Communications Assistant that you want to contact the CBP FOIA Office at the telephone number (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-FO-2024-057084 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 your SecureRelease account . 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 note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.
Sincerely,
U.S. Customs and Border Protection
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4515024-20240222100221983
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