Department of Homeland Security non-citizen DNA sample collection (Immigration and Customs Enforcement)

Submitted on Wednesday, January 22, 2020 - 22:53
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : U.S.
Immigration and Customs Enforcement (ICE)
Title:
First Name: Sarah
Middle Initial:
Last Name: Alvarez
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 86434
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

The number of non-citizens apprehended by Immigration and Customs Enforcement
and Customs and Border Protection since January 1, 2020 and the location
where these apprehensions took place.

The number of non-citizens detained by Immigration and Customs Enforcement
and Customs and Border Protection since January 1, 2020 .

The number of FD-936 forms filed by Immigration and Customs Enforcement and
Customs and Border Protection along with the Originating Agency Identifier
since January 1, 2020.

The number of FD-936 forms rejected by the Federal Bureau of Investigation
since January 1, 2020.

The name and location of the Enforcement and Removal Operations (ERO)
facility where the DNA sample collection pilot is being conducted.

The Training DVD provided by the FBI Laboratory to to assist CBP and ICE with
DNA collection process as well as how to fill out form FD-936.

Any training event instructions or written implementation plans for the FBI
Laboratory ‘train the trainer’ events at CBP locations.

The number of non-citizens that have remained in DHS custody after form
FD-936 is processed by the FBI.

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,

Sarah Alvarez

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February 14, 2020 Sarah Alvarez MuckRock News 411A Highland Ave Somerville, MA 02144 requests@muckrock.com (mailto:requests@muckrock.com) RE:     ICE FOIA Case Number 2020-ICFO-22846 Dear Ms. Alvarez: This acknowledges receipt of your January 22, 2020, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for The number of non-citizens apprehended by Immigration and Customs Enforcement and Customs and Border Protection since January 1, 2020 and the location where these apprehensions took place. The number of non-citizens detained by Immigration and Customs Enforcement and Customs and Border Protection since January 1, 2020 . The name and location of the Enforcement and Removal Operations (ERO) facility where the DNA sample collection pilot is being conducted.(see request for details).  Your request was received in this office on January 22, 2020. 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. 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 2020-ICFO-22846. 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 2020-ICFO-22846 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

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. 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

Sarah Alvarez
411A Highland Ave
Somerville, MA, 02144
02/21/2020
CBP-2020-035657
Dear Sarah Alvarez:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), referred to U.S. Customs and Border Protection (CBP) and received on 02/19/2020 requesting the number of DNA samples collected as well as the number of those samples that have become profiles uploaded to CODIS since January 1, 2020.
Please use the following unique FOIA tracking number CBP-2020-035657 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).
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

CBP-2020-035657 has been processed with the following final disposition: Not an Agency Record.

On January 22, 2020, you submitted a request to the Department of Justice, Federal Bureau of Investigation (FBI).  In your request you were seeking the following items: (1) The number of DNA samples collected by the Department of Homeland Security (DHS) since January 1, 2020, and (2) The number of those samples that have become profiles uploaded to CODIS since January 1,2020, and (3)  The average number of hours or days between DNA sample collection by DHS and the profile appearing in CODIS.  On January 28, 2020, the FBI referred your request to DHS.  Subsequently, on February 14, 2020, DHS referred your request to U.S. Customs and Border Protection (CBP) for processing and direct response to you.  Unfortunately, the records will not be under the purview of CBP, but rather, the DNA program is under the purview of another branch of DHS, Immigration and Customs Enforcement (ICE).  We do apologize for the confusion surrounding your request, but it has now been forwarded to ICE for processing and direct response to you.

If you need to contact our office again about this matter, please refer to CBP-2020-035657.  This office can be reached at 202-325-0150.

I truly apologize for the confusion, it just came to my attention that CBP may be paricipating in DNA collection.  I have assigned your request out for records search.

CBP FOIA Division

The FOIA referral CBP-2020-035657 has had its Tracking Number changed to CBP-OFO-2020-035657. 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-2020-035657
* New Tracking Number:
CBP-OFO-2020-035657
* Requester Name:
Sarah Alvarez
* Date Submitted:
02/19/2020
* Long Description:
2020-HQFO-00514

1. The number of DNA samples collected by the Department of Homeland Security since January 1, 2020.

2. The number of those samples that have become profiles uploaded to CODIS since January 1, 2020. The average number of hours or days between DNA sample collection by the Department of Homeland Security and the profile appearing in CODIS.

The FOIA referral CBP-OFO-2020-035657 has had its Tracking Number changed to CBP-2020-035657. 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-OFO-2020-035657
* New Tracking Number:
CBP-2020-035657
* Requester Name:
Sarah Alvarez
* Date Submitted:
02/19/2020
* Long Description:
2020-HQFO-00514

1. The number of DNA samples collected by the Department of Homeland Security since January 1, 2020.

2. The number of those samples that have become profiles uploaded to CODIS since January 1, 2020. The average number of hours or days between DNA sample collection by the Department of Homeland Security and the profile appearing in CODIS.

Ms. Alvarez,

ICE's final response to your FOIA request, 2020-ICFO-22846, for The number of non-citizens apprehended by Immigration and Customs Enforcement and Customs and Border Protection since January 1, 2020 and the location where these apprehensions took place. The number of non-citizens detained by Immigration and Customs Enforcement and Customs and Border Protection since January 1, 2020 . The name and location of the Enforcement and Removal Operations (ERO) facility where the DNA sample collection pilot is being conducted is attached.

Sincerely,
ICE FOIA

CBP-2020-035657 has been processed with the following final disposition: Partial Grant/Partial Denial.

Please see attachments.