Death in Custody Reports (Department of Homeland Security)
| Tracking # |
2023-ICFO-36230 2023-HQFO-01595 |
| Multi Request | Death in Custody Reports |
| Submitted | May 12, 2023 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Section 3(a)(2)(B) of the Death in Custody Reporting Act of 2013, 42 USC 13727a, provides: the “head of each Federal law enforcement agency shall submit to the Attorney General a report . . . that contains information regarding the death of any person who is— . . . (2) en route to be incarcerated or detained, or is incarcerated or detained at—(A) any facility (including ANY IMMIGRATION OR JUVENILE FACILITY) pursuant to a contract with such Federal law enforcement agency.”
Please provide all notifications your agency has made pursuant to this statute beginning February 1, 2015 and continuing until the date of your tasking an adequate search in response to this request.
Thank you,
#DetentionKills Transparency Initiative
Al Otro Lado
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
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.Regards,DHS Privacy OfficeDisclosure & FOIA ProgramSTOP 0655Department of Homeland Security245 Murray Drive, SWWashington, DC 20528-0655Telephone: 1-866-431-0486 or 202-343-1743Fax: 202-343-4011Visit our FOIA website https://www.dhs.gov/foia
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1
-
1393647-20230627154908661
From: Andrew Free
We appeal. Other components have deaths in custody. You didn’t refer to those other components.
And the law requires agency heads — that’s the Secretary — to do the reporting.
Please remand.
From: Department of Homeland Security
07/27/2023Andrew Free263 Huntington AvenueBoston , Massachusetts 02115 RE: ICE FOIA Case Number 2023-ICFO-36230 Department of Homeland Security FOIA Case No. 2023-HQFO-01595 Dear Requester:This acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Homeland Security, dated 5/15/23, and seeking records pertaining to Section 3(a)(2)(B) of the Death in Custody Reporting Act of 2013, 42 USC 13727a, provides:the “head of each Federal law enforcement agency shall submit to the Attorney General areport . . . that contains information regarding the death of any person who is— . . . (2) enroute to be incarcerated or detained, or is incarcerated or detained at—(A) any facility(including ANY IMMIGRATION OR JUVENILE FACILITY) pursuant to a contract withsuch Federal law enforcement agency.”Please provide all notifications your agency has made pursuant to this statute beginningFebruary 1, 2015 and continuing until the date of your tasking an adequate search in responseto this request..While processing your request, the Department of Homeland Security located records that fall under the purview of the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE). Accordingly, your request was referred to this office for processing and direct response to you. Your request was received in this office on 6/27/2023.Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per §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 the subject matter of your request is of substantial interest to two or more components of this Department 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, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). We will make every effort to comply with your request in a timely manner.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.If you have any questions please contact FOIA Public Liaison, Fernando Pineiro Jr. at the address above or (866) 633-1182. 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.Your request has been assigned reference number 2023-ICFO-36230. Please use this number in future correspondence. Sincerely,ICE FOIA OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1
From: Department of Homeland Security
07/31/2023Andrew Free263 Huntington AvenueBoston , Massachusetts 02115 RE: ICE FOIA Case Number 2023-ICFO-36230 Dear Requester:This acknowledges receipt of your 6/27/2023, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for Section 3(a)(2)(B) of the Death in Custody Reporting Act of 2013, 42 USC 13727a, provides: the “head of each Federal law enforcement agency shall submit to the Attorney General areport . . . that contains information regarding the death of any person who is— . . . (2) en route to be incarcerated or detained, or is incarcerated or detained at—(A) any facility (including ANY IMMIGRATION OR JUVENILE FACILITY) pursuant to a contract with such Federal law enforcement agency.” Please provide all notifications your agency has made pursuant to this statute beginning February 1, 2015 and continuing until the date of your tasking an adequate search in responseto this request. Your request was received in this office on 6/27/2023.Upon review of your request, ICE has determined that this office has previously responded to your request on 7/7/2023 under FOIA case number 2023-ICFO-26205.As this request is a duplicate of your previous request, it has been administratively closed.If you have any questions please contact our FOIA Public Liaison, Fernando Pineiro Jr., at the address above or (866) 633-1182. Please use tracking number 2023-ICFO-36230 in any correspondence. 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 OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1