Contract Discrepancy Reports January 1, 2017 - Present

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

2022-ICFO-29432

2021-ICAP-01081

2019-ICFO-38991

Est. Completion None
Status
Awaiting Appeal

Communications

From: Andrew Free


To Whom It May Concern:

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

1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.
2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.

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: Immigration and Customs Enforcement

May 21, 2019 Andrew Free MuckRock Dept MR 72956 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2019-ICFO-38991 Dear Mr. Free: This acknowledges receipt of your May 09, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report..  Your request was received in this office on May 21, 2019. 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 media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  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 2019-ICFO-38991. 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 2019-ICFO-38991 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

Good morning,

In regards to your request 2019-ICFO-38991, it is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents received. Thank you for your continued patience.

Sincerely,
ICE/FOIA

From: Immigration and Customs Enforcement

Dear Andrew Free,
The password to open the responsive records delivered in a separate email for 2019-ICFO-38991 is listed below. If you do not receive the email containing the responsive documents within a reasonable timeframe please contact our office at foia-obim@hq.dhs.gov. (mailto:foia-obim@hq.dhs.gov)
Document Password: S765cxyz
Sincerely, OBIM FOIA Branch

From: Immigration and Customs Enforcement

Mr. Free,

ICE's final response to your FOIA request, 2019-ICFO-38991, for 1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report. 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: Andrew Free

I hereby appeal the agency’s manifestly incomplete response. Several publicly reported contract discrepancy reports — including those involving Stewart Detention Center and the deaths of detained immigrants there — have been unlawfully withheld. These CDRs’ existence was confirmed by a 2020 House Oversight Staff report regarding ICE custody. Please direct the agency to conduct an adequate search.

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 the withholdings:1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report. and have assigned it tracking number 2021-ICAP-01081. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Immigration and Customs Enforcement

Mr. Free,

ICE's final response to your FOIA request, 2021-ICAP-01081, for appealing the withholdings:1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report. 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

  • FOIA Appeal 2021-ICAP-01081, 2019-ICFO-38991(remand search)1

From: Immigration and Customs Enforcement

September 29, 2021 Andrew Free MuckRock Dept MR 72956 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2019-ICFO-38991 Dear Mr. Free: This acknowledges receipt of your May 09, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report..  Your request was received in this office on May 09, 2019. ICE FOIA has corrected the actual received date in regards to this case.
Your request has been assigned reference number 2019-ICFO-38991. 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 2019-ICFO-38991 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, Marcus Francis, 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

Dear Mr. Free,

ICE's final response to your FOIA request, 2021-ICAP-01081, for appealing the withholdings:1. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by The GEO Group. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report.2. Copies of all Contract Discrepancy Reports created on or after January 1, 2017, involving civil immigration detention facilities operated or owned by CoreCivic. The ICE Office of Acquisition Management and/or the ICE Custody Management unit should be in possession of each report. is attached.

Sincerely,
ICE FOIA

From: Andrew Free

We hereby appeal this response in its entirety, though the agency’s failure to notify us of our right to do so means we are not required to do so prior to filing suit.

You responded to our appeal not by sustaining or remanding the agency’s response, but by creating a new request.

Respectfully, that’s not how this works.

Sustained appeals aren’t new requests.

You’re violating the promise Lynn Schurkamp made to courts, that the agency processes requests on a first-in, first-out basis. You’re effectively imposing a new administrative exhaustion requirement where none exists. You’re skewing the stats from this fiscal year that you’re soon going to have to report to the AG and OGIS.

It’s not slick. It’s not savvy. It’s not legal.

We do not accept this result and reserve our rights to challenge it.

You should preserve all records that went into this response, as they may be subject to litigation.

Please stop doing this stuff. Please start complying with the law as written, not as imagined.

Thank you,

#DetentionKills Transparency Initiative
Al Otro Lado

From: Immigration and Customs Enforcement

September 19, 2022 AndrewFree MuckRock DeptMR 72956 411AHighland Ave Somerville,MA 02144 RE:    ICE FOIA Case Number 2022-ICFO-29432 DearMr. Free: Thisacknowledges receipt of your September 19, 2022, Freedom of Information Act(FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 1. Copiesof all Contract Discrepancy Reports created on or after May 9, 2019 to present,involving civil immigration detention facilities operated or owned by The GEOGroup. The ICE Office of Acquisition Management and/or the ICE CustodyManagement unit should be in possession of each report. 2. Copies of allContract Discrepancy Reports created on or after May 9, 2019 to present,involving civil immigration detention facilities operated or owned byCoreCivic. The ICE Office of Acquisition Management and/or the ICE CustodyManagement unit should be in possession of each report.  Your request wasreceived in this office on September 19, 2022. PLEASENOTE: Requesters seeking responsiverecords from the U.S. Immigration and Customs Enforcement (ICE) are encouragedto create a DHS FOIA Public Access Link (PAL) account at: . Creating a PAL account willallow you to directly submit your FOIA request to ICE and track the status ofyour request. In PAL, you can view your prior PAL submissions, sentcorrespondences, and responsive records. Although PAL is preferred, ICE FOIA willcontinue to accept FOIA requests via emailat ICE-FOIA@ice.dhs.gov or via regular mail at U.S.Immigration and Customs Enforcement, Freedom of Information Act Office, 500 12 (https://foiarequest.dhs.gov/) https://foiarequest.dhs.gov th St.SW, STOP 5009, Washington, DC 20536-5009. Dueto the increasing number of FOIA requests received by this office, we mayencounter some delay in processing your request. Per Section 5.5(a) of the DHSFOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according totheir order of receipt. Although ICE’s goal is to respond within 20 businessdays of receipt of your request, the FOIA does permit a 10-day extension ofthis time period. As your request seeks numerous documents that willnecessitate a thorough and wide-ranging search, ICE will invoke a 10-dayextension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If youcare to narrow the scope of your request, please contact our office. We willmake every effort to comply with your request in a timely manner. Provisionsof the FOIA allow us to recover part of the cost of complying with yourrequest.  We shall charge you for records in accordance with the DHSInterim FOIA regulations, as they apply to media requesters.  As a mediarequester, you will be charged 10 cents per page for duplication; the first 100pages are free.  We will construe the submission of your request as anagreement to pay up to $25.00. You will be contacted before any further feesare accrued. Wehave queried the appropriate program offices within ICE for responsive records.If any responsive records are located, they will be reviewed for determinationof releasability. Please be assured that one of the processors in our officewill respond to your request as expeditiously as possible. We appreciate yourpatience as we proceed with your request. Your requesthas been assigned reference number . Please referto this identifier in any future correspondence. To check the status of an ICEFOIA/PA request, please visit 2022-ICFO-29432 . Please note that to checkthe status of a request, you must enter the 2022-ICFO-29432 tracking number. Ifyou need any further assistance or would like to discuss any aspect of yourrequest, please contact the FOIA office. You may send an e-mail toice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact ourFOIA Public Liaison, Marcus Francis, in the same manner. Additionally, youhave a right to right to seek dispute resolution services from the Office ofGovernment Information Services (OGIS) which mediates disputes between FOIArequesters and Federal agencies as a non-exclusive alternative to litigation.If you are requesting access to your own records (which is considered a PrivacyAct request), you should know that OGIS does not have the authority to handlerequests made under the Privacy Act of 1974. You may contact OGIS as follows:Office of Government Information Services, National Archives and RecordsAdministration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001,e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at1-877-684-6448; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status Yourrequest has been assigned reference number 2022-ICFO-29432.Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, pleasevisit http://www.dhs.gov/foia-status . Please note that to check the status of a request, youmust enter the 2022-ICFO-29432 trackingnumber. 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

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