chad mizelle location data memo

Tanvi Misra filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2022-HQFO-00588

Status
Completed

Communications

From: Tanvi Misra

To Whom It May Concern:

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

A 2020 memorandum authored by former Department of Homeland Security top official Chad Mizelle on the purchase of location da.ta by DHS agencies Customs and Border Protection and Immigration and Customs Enforcement.

BACKGROUND:
The memo in question was the basis of an article by Buzzfeed News titled, "DHS Authorities Are Buying Moment-By-Moment Geolocation Cellphone Data To Track People," dated October 30, 2020. (https://www.buzzfeednews.com/article/hamedaleaziz/ice-dhs-cell-phone-data-tracking-geolocation)

According to the article: "The agency is aware of potential legal vulnerabilities under the Fourth Amendment. Mizelle states in his memo that there are ways for CBP and ICE to “minimize the risk” of possible constitutional violations, pointing out that they could limit their searches to defined periods, require supervisors to sign off on lengthy searches, only use the data when more “traditional” techniques fail, and limit the tracking of one device to when there is “individualized suspicion” or relevance to a “law enforcement investigation.”"

As a journalist publishing with The Atlantic, The New Republic, NBC News, Bloomberg News and other national publications, I request this information in the public interest.

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,

Tanvi Misra

From: Department of Homeland Security

Dear Tanvi Misra,
Request Number 2022-HQFO-00588 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2022-HQFO-00588.
Regards,
Department of Homeland Security

From: Department of Homeland Security

Dear Tanvi Misra,
The status of your HQ FOIA request #2022-HQFO-00588 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

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA 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.
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 (http://www.dhs.gov/foia)

From: Department of Homeland Security

Dear Tanvi Misra,
The status of your HQ FOIA request #2022-HQFO-00588 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

Good Morning, 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. 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

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