It is a clone of this request.
|Tracking #||FOIA 2017-HQFO-01201, 2017-ICFO-44813|
|Submitted||Aug. 10, 2017|
|Due||Sept. 11, 2017|
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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.
Attached is our acknowledgment of your DHS FOIA 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.
DHS Privacy Office Disclosure & FOIA Program
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone: 1-866-431-0486 or 202-343-1743
FOIA website (http://www.dhs.gov/foia)
September 05, 2017 VIA EMAIL email@example.com (mailto:firstname.lastname@example.org) Shawn Musgrave MuckRock DEPT MR 41751 411A Highland Ave Somerville, MA 02144-2516 RE: ICE FOIA Case Number 2017-ICFO-44813 Dear Mr. Musgrave: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated August 14, 2017, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on August 14, 2017. Specifically, you requested all documents regarding 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  . 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 2017-ICFO-44813. 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 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 email@example.com, 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 firstname.lastname@example.org; 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
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Visit our FOIA website at
 6 CFR § 5.11(k).
September 13, 2017 VIA EMAIL email@example.com (mailto:firstname.lastname@example.org) Shawn Musgrave MuckRock DEPT MR 41751 411A Highland Ave Somerville, MA 02144-2516 RE: ICE FOIA Case Number 2017-ICFO-44813
This e-mail is in regards to your August 14, 2017 ICE FOIA request for all documents regarding 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. A more reasonable timeframe is needed, perhaps the current year? 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.
Please provide such reports for December 2015 to the present.