CBP UAP Reports to DHS
| Tracking # |
CBP-AP-2022-131110 CBP-OAM-2022-088958 CBP-OPA-2022-088958 CBP-2022-088958 2022-HQFO-01142 |
| Submitted | May 27, 2022 |
| Due | June 27, 2022 |
| Est. Completion | May 25, 2023 |
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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:
A. Request Background
On May 27, 2022, The Debrief published an interview with former a former CBP agent who says he created records regarding documentation and intake of unidentified aerial phenomena encounter by CBP personnel in the performance of their duties. See Tim McMillan, Micha Hanks, and Christopher Plain, “Incursions at the Border: Homeland Security Agents Tell of Encounters with Unidentified Aerial Phenomena,” The Debrief (May 27, 2022), available at: https://thedebrief.org/incursions-at-the-border-homeland-security-agents-tell-of-encounters-with-uap/.
The article begins, “Newly released video and direct testimony from a former Customs and Border Patrol (CBP) agent reveal that, much like U.S. Navy pilots who say they have regularly encountered unidentified aerial phenomena (UAP), law enforcement officials defending America’s borders are also encountering unusual aerial objects with surprising frequency.” It describes interviews with CBP personnel who reported, “encounters with aerial objects that appear to perform maneuvers well beyond the capabilities of conventional aircraft.” According to the article, “Some of these events . . . were also captured on video.” [REQUEST ITEM 1 - See Below]
On-record is former Homeland Security Agent Robert “Bob” Thompson, “recently retired”. [REQUEST ITEM 2]. He apparently “recounted how one of the roles he took on as a federal agent with U.S. Customs and Border Patrol’s Tucson Sector Special Operations Group involved establishing the reporting requirements for Unexplained Aerial Phenomena within the Tucson Sector.” [REQUEST ITEM 3]. Thompson states, “incidents involving UAP have been captured on sophisticated government systems, normally tasked with catching drug smugglers or staving off the flow of illegal immigration.” [REQUEST ITEM 4]. Thompson claims, “I talked to dozens and dozens of agents that all had similar stories of seeing bizarre stuff, of having encounters with UAP.” [REQUEST ITEM 5]. Thompson, who claims he joined CBP in 2008, says he worked in the Arizona Air Operations Center from 2020-2021. [REQUEST ITEM 6]
The Debrief describes an “Issue Paper” allegedly written by Thompson and provided to the outlet as documentary corroboration of Thompson’s claims. [REQUEST ITEM 7]. In it, Thompson says he wrote, “Tucson Sector Border Patrol (TCA) in conjunction with the Tucson Air and Marine Branch needs to develop a program to be able to Report, Identify, Catalog, and if needed; Interdict Unexplained Aerial Phenomena (UAP) that are encountered along the Southwest Border.” [REQUEST ITEM 8]. Thompson specifically references a previously report event that occurred on February 9, 2021, above Tucson, Arizona. See Brett Tingley, “Police Helicopter Crew Says Craft They Chased Was ‘Not Like Any Other’ Drone”, The Drive (Jun. 22, 2021) available at https://www.thedrive.com/the-war-zone/41223/tucson-mystery-drone-was-not-like-any-other-police-had-ever-encountered. [REQUEST ITEM 9]
The Debrief article includes a previously unreleased and unacknowledged video shot from an Apache helicopter appearing to capture three objects flying at a high rate of speed. [REQUEST ITEM 10]. Experts interviewed by the outlet concluded the objects’ movements to be anomalous and not within the range of currently available aeronautical technology. One former U.S. pilot opined: “no F-16—nor any drone or other aircraft in the current known inventory of the United States military—is capable of what the objects are seen doing in the video.” “He judge[d] that they display “a turn rate that is an order of magnitude faster than one of the fastest turning fighters on earth,” which he estimates to be above 70 Gs.
Separately, the article embeds a video shot by CBP infrared video near the Raphael Hernandez Airport in Aguadilla, Puerto Rico on April 25, 2013, and obtained by the Scientific Coalition for UAP Studies later that year. [REQUEST ITEM 11]. The group put out a report on the video, which is available here: https://www.explorescu.org/post/2013-aguadilla-puerto-rico-uap-incident-report-a-detailed-analysis (announcement) http://docs.wixstatic.com/ugd/299316_9a12b53f67554a008c32d48eff9be5cd.pdf (report) [REQUEST ITEM 12].
The Debrief article also references the release in 2017 of three videos of UAP captured by Homeland Security assets - “Rubber Duck” “A10” and “Bruja”, all of which have apparently been confirmed as authentic since release. [REQUEST ITEM 13].
Debrief claimed three unidentified officials working elsewhere in the government who are tasked with documenting and investigating UAPs confirmed CBP did not turn over the Apache video to their office: “
Speaking on background, three separate U.S. defense officials familiar with the government’s current UAP investigations said the encounter by the Apache pilots in 2018 was not reported to either the UAP Task Force, or its sucessor program, the Airborne Object Identification and Management Synchronization Group (AOIMSG). Defense officials The Debrief spoke with said the lack of knowledge was likely due to the fact that new UAP reporting procedures were still being formalized in 2018. Likewise, the officials said the incident highlights how problems still exist in trying to coordinate centralized UAP reporting practices amongst all government agencies.” [ITEM 14].
CBP Public Affairs declined to comment for this story, according to The Debrief. [ITEM 15].
B. Description of Records Sought
Item 1: Please provide any record reflecting, listing, or aggregating the total number of videos CBP currently has in its possession for which the agency or its personnel have created a record documenting a suspected or possible Unexplained Aerial Phenomenon (UAP) between April 25, 2013 and May 27, 2022.
Item 2: Please provide all emails sent or received between June 22, 2021 and the present by CBP Public Affairs personnel containing Robert “Bob” Thompson’s name.
Item 3: Please provide any procedure employed by any Border Patrol Sector for documenting UAP, including, but not limited to, the one referenced by Thompson in the Debrief article pertaining to Tucson Special Operations Group.
Item 4: Please provide any incident report from the Arizona Air Operations center referenced in the article or the Tucson SOG documenting a suspected UAP between January 1, 2020, and June 23, 2021.
Item 5: Please provide any emails sent or received by Bob Thompson between January 2020 and his EOD date containing the terms “UAP” or “Unidentified Aerial Phenomenon”.
Item 6: Please provide any Significant Event Notifications or other reports from the Arizona Air Operations Center between January 1, 2020 and December 31, 2021, regarding Unidentified Aerial Phenomena.
Item 7: Please provide a copy of Thompson’s “Issue Paper” regarding intake and analysis of UAP.
Item 8: Please provide any record indicating agency action taken in response to Thompson’s recommendations in the Issue Paper.
Item 9: Please provide any incident report or significant event notification created on February 9, 2021, regarding a possible UAP in Tucson, Arizona.
Item 10: Please provide a copy of any incident report or significant event notification relating to the Apache video referenced in and revealed for the first time by The Debrief in its May 27 article.
Item 11: Please provide a copy of any email, memorandum, incident report or significant event notification relating to the 2013 Puerto Rico UAP video.
Item 12: Please provide any record of communications between CBP and SCUS regarding its report on the Aguadilla video.
Item 13: Please provide any record of CBP Public Affairs’ response to the release of the three DHS videos by Marcial in 2017.
Item 14: Please provide any communications from CBP to AOIMSG since January 1, 2020.
Item 15: Please provide any emails sent or received by CBP Public Affairs or the Office of the Commissioner regarding the Debrief’s May 27 article.
Thank you for your prompt attention to this request. Please don’t hesitate to reach out if you have any questions.
Andrew Free
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: Department of Homeland Security
Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01142 has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security
From: Department of Homeland Security
Dear Andrew Free,
Request Number 2022-HQFO-01142 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2022-HQFO-01142.
Regards,
Department of Homeland Security
From: Department of Homeland Security
Good Afternoon, Attached is our final response to your request. If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486 or at foia@hq.dhs.gov. (mailto:foia@hq.dhs.gov) Regards, DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone: 1-866-431-0486 or 202-343-1743
Fax: 202-343-4011
Visit our FOIA website
From: Department of Homeland Security
Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01142 has been updated to the following status 'In Process'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security
From: Department of Homeland Security
Mr. Andrew Free
263 Huntington Ave
Boston, MA, 02115
06/08/2022
CBP-2022-088958
Dear Mr. Andrew Free:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 06/08/2022. Please use the following unique FOIA tracking number CBP-2022-088958 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). [As your request seeks documents that will require a thorough and wide-ranging search, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.] OR [As your request seeks a voluminous amount of separate and distinct records, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.] OR [As the subject matter of your request is of substantial interest to two or more components of CBP or of substantial interest to another agency, we will need to consult with those entities before we issue a final response. Due to these unusual circumstances, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.]
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests. 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: Department of Homeland Security
The FOIA referral CBP-2022-088958 has had its Tracking Number changed to CBP-OPA-2022-088958. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this referral are as follows:
* Old Tracking Number:
CBP-2022-088958
* New Tracking Number:
CBP-OPA-2022-088958
* Requester Name:
Mr. Andrew Free
* Date Submitted:
06/08/2022
* Long Description:
(2022-HQFO-01142) Item 1: Please provide any record reflecting, listing, or aggregating the total number of videos CBP currently has in its possession for which the agency or its personnel have created a record documenting a suspected or possible Unexplained Aerial Phenomenon (UAP) between April 25, 2013 and May 27, 2022. Item 2: Please provide all emails sent or received between June 22, 2021 and the present by CBP Public Affairs personnel containing Robert “Bob” Thompson’s name. Item 3: Please provide any procedure employed by any Border Patrol Sector for documenting UAP, including, but not limited to, the one referenced by Thompson in the Debrief article pertaining to Tucson Special Operations Group. Item 4: Please provide any incident report from the Arizona Air Operations center referenced in the article or the Tucson SOG documenting a suspected UAP between January 1, 2020, and June 23, 2021.Item 5: Please provide any emails sent or received by Bob Thompson between January 2020 and his EOD date containing the terms “UAP” or “Unidentified Aerial Phenomenon”. Item 6: Please provide any Significant Event Notifications or other reports from the Arizona Air Operations Center between January 1, 2020 and December 31, 2021, regarding Unidentified Aerial Phenomena. Item 7: Please provide a copy of Thompson’s “Issue Paper” regarding intake and analysis of UAP. Item 8: Please provide any record indicating agency action taken in response to Thompson’s recommendations in the Issue Paper. Item 9: Please provide any incident report or significant event notification created on February 9, 2021, regarding a possible UAP in Tucson, Arizona. Item 10: Please provide a copy of any incident report or significant event notification relating to the Apache video referenced in and revealed for the first time by The Debrief in its May 27 article. Item 11: Please provide a copy of any email, memorandum, incident report or significant event notification relating to the 2013 Puerto Rico UAP video. Item 12: Please provide any record of communications between CBP and SCUS regarding its report on the Aguadilla video. Item 13: Please provide any record of CBP Public Affairs’ response to the release of the three DHS videos by Marcial in 2017. Item 14: Please provide any communications from CBP to AOIMSG since January 1, 2020. Item 15: Please provide any emails sent or received by CBP Public Affairs or the Office of the Commissioner regarding the Debrief’s May 27 article
From: Andrew Free
Good morning,
Please add the responsive records CBP provided in response to the following request to the record of administrative appeal in this case:
https://www.muckrock.com/foi/united-states-of-america-10/processing-notes-for-uvalde-cbp-public-affairs-foia-response-129829/
As detailed in these records, CBP FOIA was instructed by the Border Patrol not to release any records at all about the Robb Elementary shooting. This instruction does not meet the requirements for Blanket withholding under Exemption 7A. The instruction is unlawful on its face and represents an effort to shield from public view records that the public has a right to promptly access.
In light of this documentation of CBP’s own illegal response to this request, we respectfully renew our expedited processing request pursuant to 6 CFR 5.5(e) because this is a matter of widespread media attention about which substantial questions exist as to the agency’s conduct, and whether it complies with the law.
From: Department of Homeland Security
The FOIA referral CBP-OPA-2022-088958 has had its Tracking Number changed to CBP-OAM-2022-088958. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this referral are as follows:
* Old Tracking Number:
CBP-OPA-2022-088958
* New Tracking Number:
CBP-OAM-2022-088958
* Requester Name:
Mr. Andrew Free
* Date Submitted:
06/08/2022
* Long Description:
(2022-HQFO-01142) Item 1: Please provide any record reflecting, listing, or aggregating the total number of videos CBP currently has in its possession for which the agency or its personnel have created a record documenting a suspected or possible Unexplained Aerial Phenomenon (UAP) between April 25, 2013 and May 27, 2022. Item 2: Please provide all emails sent or received between June 22, 2021 and the present by CBP Public Affairs personnel containing Robert “Bob” Thompson’s name. Item 3: Please provide any procedure employed by any Border Patrol Sector for documenting UAP, including, but not limited to, the one referenced by Thompson in the Debrief article pertaining to Tucson Special Operations Group. Item 4: Please provide any incident report from the Arizona Air Operations center referenced in the article or the Tucson SOG documenting a suspected UAP between January 1, 2020, and June 23, 2021.Item 5: Please provide any emails sent or received by Bob Thompson between January 2020 and his EOD date containing the terms “UAP” or “Unidentified Aerial Phenomenon”. Item 6: Please provide any Significant Event Notifications or other reports from the Arizona Air Operations Center between January 1, 2020 and December 31, 2021, regarding Unidentified Aerial Phenomena. Item 7: Please provide a copy of Thompson’s “Issue Paper” regarding intake and analysis of UAP. Item 8: Please provide any record indicating agency action taken in response to Thompson’s recommendations in the Issue Paper. Item 9: Please provide any incident report or significant event notification created on February 9, 2021, regarding a possible UAP in Tucson, Arizona. Item 10: Please provide a copy of any incident report or significant event notification relating to the Apache video referenced in and revealed for the first time by The Debrief in its May 27 article. Item 11: Please provide a copy of any email, memorandum, incident report or significant event notification relating to the 2013 Puerto Rico UAP video. Item 12: Please provide any record of communications between CBP and SCUS regarding its report on the Aguadilla video. Item 13: Please provide any record of CBP Public Affairs’ response to the release of the three DHS videos by Marcial in 2017. Item 14: Please provide any communications from CBP to AOIMSG since January 1, 2020. Item 15: Please provide any emails sent or received by CBP Public Affairs or the Office of the Commissioner regarding the Debrief’s May 27 article
From: Department of Homeland Security
The FOIA referral CBP-OAM-2022-088958 has had its Tracking Number changed to CBP-2022-088958. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this referral are as follows:
* Old Tracking Number:
CBP-OAM-2022-088958
* New Tracking Number:
CBP-2022-088958
* Requester Name:
Mr. Andrew Free
* Date Submitted:
06/08/2022
* Long Description:
(2022-HQFO-01142) Item 1: Please provide any record reflecting, listing, or aggregating the total number of videos CBP currently has in its possession for which the agency or its personnel have created a record documenting a suspected or possible Unexplained Aerial Phenomenon (UAP) between April 25, 2013 and May 27, 2022. Item 2: Please provide all emails sent or received between June 22, 2021 and the present by CBP Public Affairs personnel containing Robert “Bob” Thompson’s name. Item 3: Please provide any procedure employed by any Border Patrol Sector for documenting UAP, including, but not limited to, the one referenced by Thompson in the Debrief article pertaining to Tucson Special Operations Group. Item 4: Please provide any incident report from the Arizona Air Operations center referenced in the article or the Tucson SOG documenting a suspected UAP between January 1, 2020, and June 23, 2021.Item 5: Please provide any emails sent or received by Bob Thompson between January 2020 and his EOD date containing the terms “UAP” or “Unidentified Aerial Phenomenon”. Item 6: Please provide any Significant Event Notifications or other reports from the Arizona Air Operations Center between January 1, 2020 and December 31, 2021, regarding Unidentified Aerial Phenomena. Item 7: Please provide a copy of Thompson’s “Issue Paper” regarding intake and analysis of UAP. Item 8: Please provide any record indicating agency action taken in response to Thompson’s recommendations in the Issue Paper. Item 9: Please provide any incident report or significant event notification created on February 9, 2021, regarding a possible UAP in Tucson, Arizona. Item 10: Please provide a copy of any incident report or significant event notification relating to the Apache video referenced in and revealed for the first time by The Debrief in its May 27 article. Item 11: Please provide a copy of any email, memorandum, incident report or significant event notification relating to the 2013 Puerto Rico UAP video. Item 12: Please provide any record of communications between CBP and SCUS regarding its report on the Aguadilla video. Item 13: Please provide any record of CBP Public Affairs’ response to the release of the three DHS videos by Marcial in 2017. Item 14: Please provide any communications from CBP to AOIMSG since January 1, 2020. Item 15: Please provide any emails sent or received by CBP Public Affairs or the Office of the Commissioner regarding the Debrief’s May 27 article
From: Department of Homeland Security
CBP-2022-088958 has been processed with the following final disposition: Partial Grant/Partial Denial.
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by [FOIAONLINE_HOME]. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.
From: Andrew Free
Hi there!
These records appear to be the same ones produced by CBP in response to this FOIA request: https://www.muckrock.com/foi/united-states-of-america-10/cbp-uap-127402/#comms. But this request was far broader in its terms and scope than the other request. So the agency failed to task an adequate search and release all non-exempt, responsive records.
Please remand with instructions to re-task according to the terms of this request--not the other one.
Thank you!
Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado
From: Department of Homeland Security
A copy of documents responsive to the request.
From: Department of Homeland Security
This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:
* Appeal Tracking Number: CBP-AP-2022-131110
* Request Tracking Number: CBP-2022-088958
* Requester Name: Andrew Free
* Date Submitted: 09/19/2022
* Appeal Status: Submitted
* Description:
This is a follow up to request CBP-OPA-2022-088958
From: Department of Homeland Security
Mr. Andrew Free:
Your letter dated June 23, 2022, was received in this office on September 16, 2022, wherein you appeal FOIA Division's determination under tracking number CBP-OPA-2022-088958. The tracking number for your appeal is CBP-AP-2022-131110, which will be assigned to a member of the Appeals Office for processing.
Sincerely,
Lynette Carter, FOIA Appeals
From: Department of Homeland Security
Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-01142 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security
From: Department of Homeland Security
Hi Mr. Free,
Please find attached your appeal letter for the above referenced FOIA appeal request; please examine carefully. I am assigned the above referenced FOIA appeal request.
In the attached appeal, you request records regarding Uvalde. This appeal request significantly differs from what was referenced in your original FOIA request which was regarding Unidentified Aerial Phenomenon (UAP). Please clarify what you are appealing.
An appeal's scope is generally confined to the records and time frame that were requested in the original FOIA request. Given the two differing topics on the original FOIA request and the appeal request, we need you to amend your appeal request with the correct request information in order to proceed with processing your case.
Please let me know if you have any questions or concerns. It is best to contact me via email.
Thanks,
Leandra Ollie, Esq.
Attorney
U.S. Customs and Border Protection
Office of Trade
Regulations and Rulings
Disclosure Law & Judicial Actions Branch
90 K Street, NE - 10th Floor
Washington, DC 20229
DHS Mission: With honor and integrity, we will safeguard the American people, our homeland, and our values.
This document may contain confidential data, attorney work-product, and/or information intended for U.S. Government use only. The information contained in this document is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient(s) absent the express consent of the originator. Further, this document is not intended to serve as legal precedent unless specifically stated. If you are not the intended recipient of this transmission, please notify the sender immediately.
From: Andrew Free
HI there,
It appears that this appeal ended up on the wrong request. We'll handle with MuckRock. Thanks for your response!
AF
From: Andrew Free
HI there,
It appears that this appeal ended up on the wrong request. We'll handle with MuckRock. Thanks for your response!
AF
From: Department of Homeland Security
Hi Mr. Free,
Would you like for us to administratively close the above referenced appeal and then you can resubmit it? Please let me know if you are comfortable with this option.
Thanks,
Leandra
Leandra Ollie, Esq.
Attorney
U.S. Customs and Border Protection
Office of Trade
Regulations and Rulings
Disclosure Law & Judicial Actions Branch
90 K Street, NE – 10th Floor
Washington, DC 20229
202-325-0127
DHS Mission: With honor and integrity, we will safeguard the American people, our homeland, and our values.
This document may contain confidential data, attorney work-product, and/or information intended for U.S. Government use only. The information contained in this document is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient(s) absent the express consent of the originator. Further, this document is not intended to serve as legal precedent unless specifically stated. If you are not the intended recipient of this transmission, please notify the sender immediately.
-
~WRD0000
From: Andrew Free
HI there!
Thank you very much for reaching out. I'm waiting to hear from the MuckRock platform administrators. Can we get back to you on this by next Tuesday?
Thanks,
Andrew
From: Department of Homeland Security
Hi Mr. Free,
Sure, I will keep an eye out for your response on or around Tuesday.
Thanks,
Leandra
-
~WRD0001
From: Department of Homeland Security
Hi Mr. Free,
I am just following up on the email correspondence below. I’d appreciate any updates you can provide – I think you mentioned providing an update the Tuesday prior to Thanksgiving.
Thanks,
Leandra
-
~WRD0000
From: Andrew Free
Hi there. Admin closure works fine.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hi Mr. Free,
The responsive agency records have been collected and I am now reviewing the records with the program offices and hope to issue a decision by the end of next week with the possibility that we will be able to issue a decision sooner. As I continue to review the records and work this case, I will let you know if this timeline changes. I really appreciate your patience.
Thanks,
Leandra
-
~WRD0001
From: Andrew Free
Thanks so much for this information, Leandra!
That works.
AF
From: Department of Homeland Security
Hi Mr. Free,
I just wanted to reach out and update you on the above referenced case. As I continue processing your request I am finding that further follow up is being required as well as a referral to another agency. As such, it is likely that the timeline that I gave you indicating that we would try to have something to you by the end of the week was a bit too optimistic.
That being said, I am definitely working your request, and it is top of mind for me with respect to my case queue, but waiting to hear back from program offices and an outside office is going to push the response back a bit most likely - but I will get this out as soon as possible. Once I get the follow-up information that I have requested from our program offices and the other agency I will promptly update the timeline that I provided below. I hope you can please give me a bit more time.
Thanks,
Leandra
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image001
From: Andrew Free
Thanks, Leandra!
Any chance you could start rolling productions of records that don’t need referral? We may even be willing to narrow if those productions begin soon.
Best regards,
Andrew
From: Department of Homeland Security
Hi Mr. Free,
I would like to get a clarification from you regarding item #5 of your FOIA request; you use the term EOD in that request item, which in CBP parlance normally refers to a person’s Entrance on Duty. If that is the terminology you mean, we are looking at a very large time frame that will return a huge amount of results - the difference between looking at 2008- 2020, versus from January 2020 until Mr. Thompson’s retirement.
As noted above, EOD usually means “Entrance on Duty” but the Debrief article indicates that Mr. Thompson joined the Arizona Air Coordination Center in 2020, so are you interested in emails created *after* January 2020, not before?
Please let me know – thanks!
Best,
Leandra
-
image001
From: Andrew Free
Thanks for your email, Leandra.
We’d intended to use “EOD” to signify “End of Duty”.
Hope that helps!
Andrew
From: Department of Homeland Security
Thanks Mr. Free!
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~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hi Mr. Free,
The final determination for this case is in review now. As soon as the review process is completed, you will be getting this - most likely no later than the end of next week. Matt, please let me know if you disagree.
Thanks,
Leandra
-
~WRD0000
From: Andrew Free
Thank you!!
From: Andrew Free
Hi there,
Just following up on this request, as we’re a little outside the window that the agency estimated for a response.
Thanks in advance for your continued assistance!
Andrew Free
From: Department of Homeland Security
Hi Mr. Free,
Because of the volume of records involved in this case as well as the consultations necessitated by this request with other program offices in CBP it is taking a bit longer than expected. We are now hoping to have this out in the next two weeks or so, around mid-March. I am sorry for the response date being moved out. I will keep you posted. If you have any questions or concerns for me, please let me know; it is best to contact me by email.
Thanks,
Leandra
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~WRD0001
From: Andrew Free
I understand.
Thank you very much for the explanation. I wonder if rolling interim productions might be a good option, given the volume?
Please let me know if so?
Thank you,
Andrew Free
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hi Mr. Free,
We were just informed by the CBP offices tasked with consultation on the above referenced case that there will be a delay in their consultation and response, and the estimated completion date of his appeal has changed to mid-May. We expect the records to be ready mid-May in order to receive feedback on the responsive records we have found. The estimated completion date is subject to change depending on any additional delay in response regarding the consultations.
If any responsive records become available prior to mid-May, we will provide those records on a rolling basis.
We really appreciate your patience with respect to this case. I will keep you posted and send an update if this timeline changes. If you have any questions or concerns for me, please let me know; it is best to contact me by email.
Regards,
Leandra
Leandra Ollie, Esq.
Attorney
U.S. Customs and Border Protection
Office of Trade
Regulations and Rulings
Disclosure Law & Judicial Actions Branch
90 K Street, NE – 10th Floor
Washington, DC 20229
202-325-0127
DHS Mission: With honor and integrity, we will safeguard the American people, our homeland, and our values.
This document may contain confidential data, attorney work-product, and/or information intended for U.S. Government use only. The information contained in this document is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient(s) absent the express consent of the originator. Further, this document is not intended to serve as legal precedent unless specifically stated. If you are not the intended recipient of this transmission, please notify the sender immediately.
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image001
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hi Mr. Free,
This case is finally winding down and we should have it out to you by COB next Thursday 5/25. Thank you so much for your patience, we really appreciate it! Please let me know if you have any question or concerns.
Many thanks,
Leandra
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~WRD0000
From: Andrew Free
Appreciate all your help, and look forward to getting the last response May 25.
Thank you!
Andrew Free
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. You had previously indicated that it would be completed on May 25, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hi Mr. Free,
This case, designated as CBP-AP-2023-000198 in Secure Release, was closed on May 24th. Please check your email for a message from Secure Release which should contain a link making the responsive records and final determination letter for this case available to you.
Thanks,
Leandra Ollie, Esq.
Attorney
U.S. Customs and Border Protection
Office of Trade
Regulations and Rulings
Disclosure Law & Judicial Actions Branch
90 K Street, NE - 10th Floor
Washington, DC 20229
202-325-0127
DHS Mission: With honor and integrity, we will safeguard the American people, our homeland, and our values.
This document may contain confidential data, attorney work-product, and/or information intended for U.S. Government use only. The information contained in this document is not for release, review, retransmission, dissemination, or use by anyone other than the intended recipient(s) absent the express consent of the originator. Further, this document is not intended to serve as legal precedent unless specifically stated. If you are not the intended recipient of this transmission, please notify the sender immediately.
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~WRD0000
From: Andrew Free
Hi there,
We did not receive these records. We do not have a SecureRelease portal set up through MuckRock for this account. Can you please email me the records at Andrew@detentionkills.org?
Many thanks.
From: Department of Homeland Security
Hi Mr. Free,
Secure Release is CBP's new portal to receive and process initial FOIA requests and appeals and an environment where we can securely provide responsive records. We cannot provide the records outside of Secure Release, and specifically through email, due to security reasons and the volume and size of the responsive record files for your case.
However, for your convenience, please find below our correspondence from May 24th, including a link to the Secure Release portal that links to your final determination and responsive records:
05/24/2023 Request Number: CBP-AP-2023-000198
Dear Mr. 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-AP-2023-000198<https://www.securerelease.us/request-details/3e155360-3422-41b8-8f95-a2750d15ce03/2> or enter https://www.securerelease.us/request-details/3e155360-3422-41b8-8f95-a2750d15ce03/2 in your browser's address bar.
Additionally, please see the linked attachments containing both the final determination letter in response to your FOIA appeal request, as well as video records which are also responsive to your request.
Please login or create a new user account using the email address associated with your records request: requests@muckrock.com<mailto:requests@muckrock.com>. Once you create a new account, click on the "Documents" tab and this will allow for you to access the records responsive to your request.
Thanks,
Leandra
Outgoing
From: Department of Homeland Security
Your confirmation code is 251554
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. You had previously indicated that it would be completed on May 25, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on May 31, 2022. You had previously indicated that it would be completed on May 25, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #CBP-AP-2022-131110.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Hello,
Thank you for contacting the SecureRelease Support. Your message is received.
Our team is reviewing your inquiry and will respond as quickly as possible.
Take care,
SecureRelease (tm) Support Team (Contractor)
securereleasepublicsupport@deloitte.com<mailto:ecurereleasepublicsupport@deloitte.com>
www.securerelease.us<http://www.securerelease.us>
The SecureRelease(tm) Support desk is not operated by a FOIA Office or Agency personnel and does not process requests--please do not send request details, supporting documentation, or other sensitive information to this inbox. Additionally, please note that SecureRelease(tm) Support is unable to provide updates concerning the processing, status, or timeline of requests, nor can we offer guidance regarding agency procedures.
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~WRD0001
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