DHS field office reports re: cell site simulator deployments (HQ and ICE)

Shawn Musgrave filed this request with the Immigration and Customs Enforcement of the United States of America.

It is a clone of this request.

Tracking # CBP-2016-044065
Est. Completion None
Status
No Responsive Documents

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

All field office annual reports reflecting the total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances.

Per the amended policy on cell site simulators, "POLICY DIRECTIVE 047-02: Department Policy Regarding the Use of Cell-Site Simulator Technology" (available at https://www.dhs.gov/sites/default/files/publications/Department%20Policy%20Regarding%20the%20Use%20of%20Cell-Site%20Simulator%20Technology.pdf): "Each field office shall report to its Component headquarters annual records reflecting the
total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances."

As I am submitting this FOIA request in my capacity as a journalist who has covered extensively the deployment of cell site simulators by law enforcement at the federal, state, and local levels, I assert that I am appropriately categorized as a media requester for the purpose of fees. As this request concerns a matter of intense public interest and responsive documents will be posted online for the public to review free of charge, I further request a waiver of any applicable fees.

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,

Shawn Musgrave
New England Center for Investigative Reporting

From: FOIA

Greetings,

Thank you for contacting the DHS Privacy Office, in order for us to answer a question pertaining to your FOIA 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,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

The DHS Privacy Office has a new mobile application (app) to simplify and enhance the submission process for Freedom of Information Act (FOIA) requesters. Requesters can now submit requests and check the status of existing requests anyplace, anytime. The free app is available for all Apple and Android devices. To download the app, go here<http://www.dhs.gov/efoia-mobile-app>.

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you

From: Shawn Musgrave

Hello -

Thank you for getting back to me. Unfortunately, I do not have a reference number, as the DHS FOIA office has yet to send an official acknowledgement of receipt of the present request. Please provide such a reference number now that your office has clearly received the FOIA.

Best,
Shawn Musgrave

From: FOIA

Greetings,

Please go to https://www.dhs.gov/foia-status and check the status of these FOIA request number and indicate which is related to your question:

2016-TSFO-00129
2016-HQFO-00212
2016-ICFO-18916
2016-NPFO-00130

Regards,

The Privacy Office
U.S. Department of Homeland Security
245 Murray Lane SW
STOP-0655
Washington, D.C. 20528-0655
Phone: 202-343-1743 or 866-431-0486
Fax: 202-343-4011
E-mail: foia@hq.dhs.gov<mailto:foia@hq.dhs.gov>

The DHS Privacy Office has a new mobile application (app) to simplify and enhance the submission process for Freedom of Information Act (FOIA) requesters. Requesters can now submit requests and check the status of existing requests anyplace, anytime. The free app is available for all Apple and Android devices. To download the app, go here<http://www.dhs.gov/efoia-mobile-app>.

This communication, along with any attachments, is covered by federal and state law governing electronic communications and may contain confidential and legally privileged information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, use or copying of this message is strictly prohibited. If you have received this in error, please reply immediately to the sender and delete this message. Thank you

From: DHS

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 202-343-1743. 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

  • Department of Homeland Security FOIA 2016-HQFO-00373 Final Response - retrieved

  • Department of Homeland Security FOIA 2016-HQFO-00373 Final Response

From: ICE FOIA

April 26, 2016 SHAWN MUSGRAVE MUCKROCK DEPT MR 23667 411A HIGHLAND AVE SOMERVILLE, MA 02144 RE:     ICE FOIA Case Number 2016-ICFO-31291 Dear Mr. MUSGRAVE: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated April 25, 2016, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on April 25, 2016. Specifically, you requested records maintained by DHS/ICE, specifically: "all field office annual reports reflecting the total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances". 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. ICE evaluates fee waiver requests under the legal standard set forth above and the fee waiver policy guidance issued by the Department of Justice on April 2, 1987, as incorporated into the Department of Homeland Security’s Freedom of Information Act regulations [1] .  These regulations set forth six factors to examine in determining whether the applicable legal standard for fee waiver has been met.  I have considered the following factors in my evaluation of your request for a fee waiver: (1) Whether the subject of the requested records concerns “the operations or activities of the government”; (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be "significant"; (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor. Upon review of your request and a careful consideration of the factors listed above, I have determined to grant your request for a fee waiver. ICE has 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 2016-ICFO-31291. 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 2015-ICFO-XXXXX or 2016-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. (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
[1] 6 CFR § 5.11(k).

From: ICE FOIA

April 26, 2016 SHAWN MUSGRAVE MUCKROCK DEPT MR 23667 411A HIGHLAND AVE SOMERVILLE, MA 02144 RE:     ICE FOIA Case Number 2016-ICFO-31291 Dear Mr. MUSGRAVE: This acknowledges receipt of your April 25, 2016, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records maintained by DHS/ICE, specifically: "all field office annual reports reflecting the total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances".  Your request was received in this office on April 25, 2016. 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 2016-ICFO-31291. 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 2015-ICFO-XXXXX or 2016-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. (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: ICE-FOIA

Good afternoon,

Your request has been received by this office on 04/25/16. We are currently waiting for a response from the tasked agency within ICE for any potentially responsive documents.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Good afternoon,

We are currently waiting for a response from the tasked agency within ICE for any potentially responsive documents.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Good afternoon,

Please be advised that this request has been assigned tracking number 2016-ICFO-31291. We are currently waiting for a response from the tasked agency within ICE for any potentially responsive documents.

Sincerely,
ICE/FOIA

From:

August 19, 2016 SHAWN MUSGRAVE MUCKROCK DEPT MR 23667 411A HIGHLAND AVE SOMERVILLE, MA 02144 RE:     ICE FOIA Case Number 2016-ICFO-31291
This e-mail is in regards to your April 25, 2016 ICE FOIA request for records maintained by DHS/ICE, specifically: "all field office annual reports reflecting the total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances".
In conducting a search for responsive records, the ICE FOIA office has determined that further clarification is needed regarding your request. Please provide a date rage for the requested documnets. Please provide the ICE FOIA office with a response as soon as possible to avoid any further delay in the processing of your request. If a response is not received within 10 business days, your request will be administratively closed.
Sincerely,
ICE FOIA

From: Shawn Musgrave

Hello -

Please search for responsive records from 2013 through the date this request was received.

Best,
Shawn

From:

Mr. MUSGRAVE,
ICE's final response to your FOIA request, 2016-ICFO-31291, for records maintained by DHS/ICE, specifically: "all field office annual reports reflecting the total number of times a cell-site simulator is deployed in the jurisdiction; the number of deployments at the request of other agencies, including state or local law enforcement; and the number of times the technology is deployed in emergency circumstances" (Date Range for Record Search: From 01/01/2013 To 04/26/2016) is attached.
Sincerely,
ICE FOIA

From: CBPFOIA@cbp.dhs.gov

Shawn Musgrave MuckRock
411A Highland Ave., Dept MR 23670
Sommerville, MA 02144-2516

November 22, 2016
Dear Shawn Musgrave,
This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP).
We conducted a comprehensive search of files within the CBP databases for records that would be responsive to your request.  Unfortunately, we were unable to locate or identify any responsive records, based upon the information you provided in your request.
This completes the CBP response to your request.  You may contact a FOIA Public Liaison by sending an email via your FOIAonline account, or call 202-344-1610.  Please notate file number CBP-2016-036652 on any future correspondence to CBP related to this request.
If you are not satisfied with the response to this request, you have a right to appeal the final disposition.  Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.9.  Please include as much information as possible to help us understand the grounds for your appeal.  You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request.   If you do not have computer access, you may send your appeal and a copy of this letter to:  FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177.  Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. (http://www.dhs.gov/foia)
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.
Sincerely,
U.S. Customs and Border Protection

From: CBPFOIA@cbp.dhs.gov

This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP).
We conducted a comprehensive search of files within the CBP databases for records that would be responsive to your request.  Unfortunately, we were unable to locate or identify any responsive records, based upon the information you provided in your request.
This completes the CBP response to your request.  You may contact a FOIA Public Liaison by sending an email via your FOIAonline account, or call 202-325-0150.  Please notate file number CBP-2016-044065 on any future correspondence to CBP related to this request.
If you are not satisfied with the response to this request, you have a right to appeal the final disposition.  Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.9.  Please include as much information as possible to help us understand the grounds for your appeal.  You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request.   If you do not have computer access, you may send your appeal and a copy of this letter to:  FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177.  Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia.  Additional information can be found at the following link (http://www.dhs.gov/foia) https://www.cbp.gov/document/guidance/exemption-definitions. (https://www.cbp.gov/document/guidance/exemption-definitions)
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.

From: Immigration and Customs Enforcement

A no responsive documents response.

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