Communication around Feb. 13, 2017 Fact Sheet "235 arrested in six Midwestern states..."

Nathan Lawrence filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2017-ICFO-20353, 2018-ICAP-00336

2017-ICFO-20353

Est. Completion None
Status
In Litigation

Communications

From: Nathan Lawrence

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Any and all internal or external communications, memoranda, emails, witness accounts, draft documents or other forms of communication created in the process of conceiving or drafting the ICE Fact Sheet released February 13, 2017 and titled "235 arrested in six Midwestern states during ICE operation targeting criminal aliens, illegal re-entrants, and immigration fugitives."

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,

Nathan Lawrence

From: ICE-FOIA

Good morning,

The ICE FOIA office is still working through a backlog of new requests. When your request has been entered into our system you will receive an acknowledgment e-mail along with a tracking number.

Sincerely,

ICE FOIA

From: US DHS Immigration and Customs Enforcement FOIA Office

March 22, 2017 NATHAN LAWRENCE MUCKROCK DEPT MR 33293 411A HIGHLAND AVE SOMEVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2017-ICFO-20353 Dear Mr. LAWRENCE: This acknowledges receipt of your February 13, 2017, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for any and all internal or external communications, memoranda, emails, witness accounts, draft documents or other forms of communication created in the process of conceiving or drafting the ICE Fact Sheet released February 13, 2017 and titled "235 arrested in six Midwestern states during ICE operation targeting criminal aliens, illegal re-entrants, and immigration fugitives.".  Your request was received in this office on February 13, 2017. After careful review of your FOIA request, we determined that your request is too broad in scope, did not specifically identify the records which you are seeking, or only posed questions to the agency.  Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency.  For this reason, §5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort.  Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records. Please resubmit your request containing a reasonable description of the records you are seeking.  Upon receipt of a perfected request, you will be advised as to the status of your request. If we do not hear from you within 10 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed.  Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future. Your request has been assigned reference number 2017-ICFO-20353. 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 2016-ICFO-XXXXX or 2017-ICFO- (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status XXXXX 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 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.
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
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Nathan Lawrence

To Whom it May Concern:

This is a clarification for ICE FOIA Case Number 2017-ICFO-20353. I am interested in all records responsive to the following:

Emails or other electronic communications sent or received by officials residing in ICE's Chicago offices -- especially the resident and special agent in charge -- which were sent or received between February 9, 2017 and February 13, 2017 and contain one or more of the following terms (case insensitively):

1. "235"
2. "six midwestern states"
3. "ICE operation targeting criminal aliens"
4. "Reports of ICE checkpoints"

Thanks,

Nathan Lawrence

From: Abraham, Tiffany R

Dear Mr. Lawrence,

The request you submitted on February 13, 2017 was assigned FOIA case number 2017-ICFO-20353.

From: US DHS Immigration and Customs Enforcement FOIA Office

July 07, 2017 NATHAN LAWRENCE MUCKROCK DEPT MR 33293 411A HIGHLAND AVE SOMEVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2017-ICFO-20353 Dear Mr. LAWRENCE: This responds to your July 7, 2017 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated February 13, 2017 , and received in this office on February 13, 2017 .  Your request sought any and all internal or external communications, memoranda, emails, witness accounts, draft documents or other forms of communication created in the process of conceiving or drafting the ICE Fact Sheet released February 13, 2017 and titled "235 arrested in six Midwestern states during ICE operation targeting criminal aliens, illegal re-entrants, and immigration fugitives." By email dated, March 22, 2017, we advised you that your request was too broad in scope and requested clarification within 10 business days. Since ICE FOIA did not receive a notice of clarification from you, your request has been administratively closed.
Your request has been assigned reference number 2017-ICFO-20353. 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 (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2017 -ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009.
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
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Nathan Lawrence

In Re: 2017-ICFO-20353

To Whom it May Concern:

Your office has stated that this request was administratively closed due to lack of response to a message you sent March 22, 2017 regarding what you deemed the overly broad parameters of the request.

The attached missive was sent April 03, 2017 narrowing this request, but appears to have been either ignored or misfiled by your office. Given this, I would appreciate acknowledgment of your receipt this time around. If you require further information to search for responsive documents, please let me know immediately.

Thanks,

Nathan Lawrence

From: Immigration and Customs Enforcement

April 30, 2018 NATHAN LAWRENCE MUCKROCK DEPT MR 33293 411A HIGHLAND AVE SOMEVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2017-ICFO-20353 Dear Mr. LAWRENCE: This acknowledges receipt of your February 13, 2017, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for Emails or other electronic communications sent or received by officials residing in ICE's Chicago offices -- especially the resident and special agent in charge -- which were sent or received between February 9, 2017 and February 13, 2017 and contain one or more of the following terms (case insensitively): 1. "235" 2. "six midwestern states" 3. "ICE operation targeting criminal aliens" 4. "Reports of ICE checkpoints". Your request was received in this office on February 13, 2017. 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 non-commercial requesters.  As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher.  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 2017-ICFO-20353. 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 2017-ICFO-XXXXX or 2018-ICFO-XXXXX 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, Fernando Pineiro, 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

Mr. LAWRENCE,
ICE's final response to your FOIA request, 2017-ICFO-20353, for Emails or other electronic communications sent or received by officials residing in ICE's Chicago offices -- especially the resident and special agent in charge -- which were sent or received between February 9, 2017 and February 13, 2017 and contain one or more of the following terms (case insensitively):1. "235"2. "six midwestern states"3. "ICE operation targeting criminal aliens"4. "Reports of ICE checkpoints" 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: Nathan Lawrence

ICE FOIA Case Number 2017-ICFO-20353 was rejected in full under 5 U.S.C. § 552a. As follows are reasons each cited section of the Privacy Act does not apply to this request:

(b)(1), (d)(1), (d)(5), (k)(1): This request is not for information on an individual's personal records, nor was it for information about preparations for civil or criminal action. As prior correspondence has stated, this request is for earlier drafts or other preparatory materials related to an ICE Fact Sheet, a public document created for mass communication.

(j)(2): Though the records requested have a purpose superficially adjacent to law enforcement, they are not law enforcement records. They are public communications about safety.

(k)(2): This request is for information on preparation of public communications, not investigatory material.

(k)(3): This request does not remotely pertain to POTUS' protective services.

(k)(4): These are not records with a sole purpose of statistical data.

(k)(5): This request is for information on preparation of public communications, not investigatory material.

(k)(6): This request is for information on preparation of public communications, not investigatory material.

(k)(7): This request does not pertain to sources within the armed services.

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
2018-ICAP-00336.  Please refer to the attached Acknowledgement Letter for more information.
ICE FOIA.

From: Immigration and Customs Enforcement

Mr. LAWRENCE,
ICE's final response to your FOIA request, 2018-ICAP-00336, 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

From: Immigration and Customs Enforcement

Mr. LAWRENCE,

ICE's final response to your FOIA request, 2018-ICAP-00336, for Appealing Withholdings re-task to HSI RDU 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

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