DHS FOIA Office Budgeting Records

Andrew Free filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2023-HQFO-01079

2022-HQAP-00303

2022-HQFO-00867

Due July 11, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: Andrew Free

To Whom It May Concern:

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

On behalf of the #DetentionKills Transparency Initiative, I request:

1. Any record submitted to DHS HQ (including Congressional Affairs, Management & Analysis, and the Secretary and appropriate under-Secretary’s offices, DHS FOIA) by DHS agency subcomponents CBP, OIG, ICE, and USCIS that seek or justify requests for additional appropriated funds from Congress or in the Presidential budget proposal to help these subcomponents’ FOIA offices clear their backlogs, shorten processing times, process and release more records, and avoid costly FOIA litigation. Please task a search for the budget cycles covering fiscal years (FY) 19, 20, 21, 22, and 23.

2. Any record showing requested budget increases for DHS, ICE, CBP, OIG or USCIS FOIA offices that were not fulfilled by Congress in the appropriations legislation for FY19-22.

3. Any record showing the amount of additional appropriated funds estimated to be necessary to reduce the current backlogs, shorten processing times, and avoid costly litigation involving FOIA processing by CBP, ICE, OIG, DHS, and USCIS during FY19-23.

4. Any record of DHS acknowledging, approving, or directing its agency subcomponents’ FOIA offices (ICE, OIG, CBP, USCIS, or DHS) to “process” only 500 pages of records per month in litigation.

5. Any record showing DHS agency subcomponents’ FOIA Office determinations that they lack adequate resources to fulfill their statutory timing obligations were communicated by those agencies to DHS leadership and budgeting personnel. The subcomponents to be queried are iCE, CBP, OIG, USCIS, and DHS HQ. Please query FY19-23.

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

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-00867 has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Department of Homeland Security

Dear Andrew Free,
Request Number 2022-HQFO-00867 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2022-HQFO-00867.
Regards,
Department of Homeland Security

From: Department of Homeland Security

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-00867 has been updated to the following status 'On Hold - Need Info/Clarification'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Andrew Free

Dear Mr. Wolfrey:

I hereby appeal the agency’s “too-broad” determination because it does not comport with 6 C.F.R. 5.3(b). I further appeal the agency’s failure to categorize this “too-broad” determination as a denial and notify me of my right to appeal. And I appeal the agency’s failure to task an adequate search in response to this request.

6 CFR Section 5.3(b) provides:

(b) Description of records sought. Requesters must describe the records sought in sufficient detail to enable DHS personnel to locate them with a reasonable amount of effort. A reasonable description contains sufficient information to permit an organized, non-random search for the record based on the component's filing arrangements and existing retrieval systems. To the extent possible, requesters should include specific information that may assist a component in identifying the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. Requesters should refer to appendix I of this subpart for additional component-specific requirements. In general, requesters should include as much detail as possible about the specific records or the types of records that they are seeking. Before submitting their requests, requesters may contact the component's FOIA Officer or FOIA public liaison to discuss the records they are seeking and to receive assistance in describing the records. If after receiving a request, a component determines that it does not reasonably describe the records sought, the component should inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the component's designated FOIA Officer, its FOIA Public Liaison, or a representative of the DHS Privacy Office, each of whom is available to assist the requester in reasonably describing the records sought.

I am searching in vain to find any contact information you provided in your April 22, 2022, that would allow me, as a requestor, to “discuss [my] request with the component’s designated FOIA Officer, its FOIA Public Liaison, or a representative of the DHS FOIA Privacy Office, each of whom is available to assist [me] in reasonably describing the records sought.”

DHS has offered no contact information in this letter for its Designated FOIA Officer, its FOIA Public Liaison, or a “representative of the DHS FOIA Privacy Office,” and as such, none of them are “available to assist” as your own regulations require.

Please promptly remand this appeal with instructions to comply with the Department’s own FOIA regulations and the Act.

Many thanks,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado.

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ Appeals request #'2022-HQAP-00303' has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Department of Homeland Security

Dear Andrew Free,
Your request has been received by the Department of Homeland Security. The request has been assigned tracking # '2022-HQAP-00303', please log into your account and review your submission.
The application address is https://foiarequest.dhs.gov/.
Thank you,
Department of Homeland Security

From: Department of Homeland Security

Good Morning,
Attached is our acknowledgment of your DHS FOIA Appeal 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 (http://www.dhs.gov/foia)

From: Department of Homeland Security

Mr. Free:

Please find attached the FOIA Appeal Decision issued by the Houston/Galveston office for the above matter.

Thank you,

Lauren M. Meus
Hearing Docket Clerk
U.S. Coast Guard

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ Appeals request #2022-HQAP-00303 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Department of Homeland Security

Good Morning,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. Regards,DHS Privacy OfficeDisclosure & FOIA ProgramSTOP 0655Department of Homeland Security245 Murray Drive, SWWashington, DC 20528-0655Telephone: 1-866-431-0486 or 202-343-1743 Fax: 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

From: Department of Homeland Security

SUSPENSE 3/14/2023RE: FOIA Request #2023-HQFO-01079, (Andrew Free)Good day,Attached is a FOIA request for 1. Any record submitted to DHS HQ (including Congressional Affairs, Management & Analysis,and the Secretary and appropriate under-Secretary’s offices, DHS FOIA) by DHS agencysubcomponents CBP, OIG, ICE, and USCIS that seek or justify requests for additionalappropriated funds from Congress or in the Presidential budget proposal to help thesesubcomponents’ FOIA offices clear their backlogs, shorten processing times, process andrelease more records, and avoid costly FOIA litigation. Please task a search for the budgetcycles covering fiscal years (FY) 19, 20, 21, 22, and 23.2. Any record showing requested budget increases for DHS, ICE, CBP, OIG or USCIS FOIAoffices that were not fulfilled by Congress in the appropriations legislation for FY19-22.3. Any record showing the amount of additional appropriated funds estimated to be necessary toreduce the current backlogs, shorten processing times, and avoid costly litigation involving FOIAprocessing by CBP, ICE, OIG, DHS, and USCIS during FY19-23.4. Any record of DHS acknowledging, approving, or directing its agency subcomponents’ FOIAoffices (ICE, OIG, CBP, USCIS, or DHS) to “process” only 500 pages of records per month inlitigation.5. Any record showing DHS agency subcomponents’ FOIA Office determinations that they lackadequate resources to fulfill their statutory timing obligations were communicated by thoseagencies to DHS leadership and budgeting personnel. The subcomponents to be queried areiCE, CBP, OIG, USCIS, and DHS HQ. Please query FY19-23.. • Please conduct a search for responsive records (emails should be returned in native format, do not print or convert to pdf); • Use the following search terms in addition to any other search terms that would likely produce records, depending on how your files are maintained: (TYPE SEARCH TERMS HERE); • Complete the information below detailing the search; • Email your response to me by COB 3/14/2023. If you have any questions, or if the file is too large to email, please contact me. Thank you for your help with this FOIA case.Sincerely,Vanegas, FabioPrivacy Office FOIA, Mailstop 0655U.S. Department of Homeland SecurityMain FOIA Number 202-343-1743 Search Information Form (Please complete the following search form.)Name(s) of Searcher(s):Is Searcher (Check One): Clerical ____ Professional ____ Managerial ____ Program Office(s):Date(s) of Search:Total Time Searching:Total Time Reviewing Records:Were Any Records Found?:If No Records Were Found, Why? (i.e. no records exist; records were destroyed in accordance with records schedule, etc.):Withholding Recommendations: *Total Release? *Recommend withholding the bracketed information? (If yes, provide an explanation): *Recommend withholding in full? (If yes, provide an explanation):If you are requesting information be withheld, provide a point of contact in case we need to discuss the sensitivity of the records: *Name: *Phone Number: Where Searched/Search Terms (including those listed above):1. List databases searched (Paper files, Electronic files, Email, Other records such as video or audio): a. Search terms used:2. List types of computer searches (desktop, hard drive, shared drive, etc.): b. Search terms used:3. List paper files searched (office’s central file system, personal files, etc.): c. Search terms used:4. List searches in Outlook (incoming, outgoing, archived folders, etc.): d. Search terms used:5. List any other searches you conducted that are not included above (where, how, etc.): e. Search terms used:
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

RE: FOIA Request #2023-HQFO-01079, (Andrew Free)Good Morning Mr. Free, Please disregard the previous email, this was supposed to be an internal email tasking a Program Office. Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
2707 Martin Luther King Jr. AVE SE
Washington, DC 20528-065
Telephone: 1-866-431-0486 or 202-343-1743
Fax: 202-343-4011
Visit our FOIA website
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

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From:

Mr. Free:

Please find attached the FINAL FOIA Appeal Letter issued by Lauren Staiti
for the above matter.

Thank you,

Lauren M. Meus

Hearing Docket Clerk

U.S. Coast Guard

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-00867 has been updated to the following status 'In Process'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Department of Homeland Security

Dear Andrew Free,
The status of your HQ FOIA request #2022-HQFO-00867 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Andrew Free

Good afternoon,

Why is this request “Closed”?

It was remanded.

Please explain?

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

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