DHS-OIG Report OIG-19-46 - Underlying Investigation Documents & Management Response

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

2019-IGFO-00176, 2019-IGFO-00176, CBP-OIT-2019-063579, CBP-2019-063579

2019-IGFO-00176, 2019-IGFO-00176, CBP-OIT-2019-063579

2019-IGFO-00176, 2019-IGFO-00176

Status
Completed

Communications

From: Andrew Free

To Whom It May Concern:

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

1. All materials relied upon by DHS-OIG in preparation of Report No. OIG-19-46, including, but not limited to, photographs, interview notes, and electronic or paper communications;
2. All responses from Department of Homeland Security agency components, including, but not limited to, ICE, CBP, and Immigrant Health Services Corps, regarding the recommendations in Report No. OIG-19-46.
3. All follow-up communications from OIG to any DHS agency component or Congressional liaison based on Report No. OIG-19-46.
4. All communications between OIG and subject-matter experts, including, but not limited to, public health officials.

Because the life and safety of migrants, including children, is at imminent risk as a result of the conditions documented in Report No. OIG-19-46, I hereby respectfully request Expedited Processing of this request.

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 Office of Inspector General

Good morning Mr. Free,

Attached you will find our Acknowledgement Letter to your request.
Thanks,

OIG-FOIA

From: Department of Homeland Security Office of Inspector General

Good morning Mr. Free,

Attached you will find OIG-FOIA final response letter to your request.
Thanks,

OIG-FOIA

From: Andrew Free

I hereby appeal the agency's release of responsive records. It appears the agency conducted an inadequate search for responsive records, as multiple documents referenced in the substantive portions of the release are responsive to the request, but have not been produced. Moreover, the redactions applied, including fully withheld pages that have not been properly screened for segregability, fall short of the requirements of the Act.

I request expedited processing of this appeal, given the significant public interest in this report, and the immediate danger to the health and safety of migrants imprisoned in the station and within the jurisdiction of actors described in this report, especially given their public, televised denials of findings the OIG detailed with which the agency previously concurred.

From: Department of Homeland Security Office of Inspector General

Dear Mr. Free:
Attached please find DHS-OIG's acknowledgement of the above-referenced FOIA Appeal.
Sincerely,
FOIA/DHS-OIG

From: Department of Homeland Security Office of Inspector General

Mr. Free,

Please find attached the adjudication of your appeal.
Best,
Jillian

Jillian M. Clouse
Assistant Counsel of Information Law and Disclosure
Office of Counsel
Office of Inspector General
U.S. Department of Homeland Security
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From: Department of Homeland Security Office of Inspector General

The FOIA referral CBP-2019-063579 has had its Tracking Number changed to CBP-OIT-2019-063579. 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-2019-063579
* New Tracking Number:
CBP-OIT-2019-063579
* Requester Name:
Andrew Free
* Date Submitted:
06/27/2019
* Long Description:
OIG FOIA No. 2019-IGFO-00176. "Pursuant to the Freedom of Information Act, I hereby request the following records:
1. All materials relied upon by DHS-OIG in preparation of Report No. OIG-19-46, including, but not limited to, photographs, interview notes, and electronic or paper communications;
2. All responses from Department of Homeland Security agency components, including, but not limited to, ICE, CBP, and Immigrant Health Services Corps, regarding the recommendations in Report No. OIG-19-46.
3. All follow-up communications from OIG to any DHS agency component or Congressional liaison based on Report No. OIG-19-46.
4. All communications between OIG and subject-matter experts, including, but not limited to, public health officials. "

From: Department of Homeland Security Office of Inspector General

The FOIA referral CBP-OIT-2019-063579 has had its Tracking Number changed to CBP-2019-063579. 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-OIT-2019-063579
* New Tracking Number:
CBP-2019-063579
* Requester Name:
Andrew Free
* Date Submitted:
06/27/2019
* Long Description:
OIG FOIA No. 2019-IGFO-00176. "Pursuant to the Freedom of Information Act, I hereby request the following records:
1. All materials relied upon by DHS-OIG in preparation of Report No. OIG-19-46, including, but not limited to, photographs, interview notes, and electronic or paper communications;
2. All responses from Department of Homeland Security agency components, including, but not limited to, ICE, CBP, and Immigrant Health Services Corps, regarding the recommendations in Report No. OIG-19-46.
3. All follow-up communications from OIG to any DHS agency component or Congressional liaison based on Report No. OIG-19-46.
4. All communications between OIG and subject-matter experts, including, but not limited to, public health officials. "

From: Andrew Free

Good afternoon,

Two and a half years ago, on September 3, 2019, the FOIA Appeals Office concluded the agency improperly withheld records, and remanded my request with instructions to release more.

I have received no additional records from the agency since then. Please advise regarding the status of this request, and what it will take to bring your office into compliance with the statute?

Many thanks,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

From: Andrew Free

We hereby appeal the agency’s failure to comply with this office’s remand within the time limits imposed by the Act.

From: Department of Homeland Security Office of Inspector General

CBP-2019-063579 has been processed with the following final disposition: Partial Grant/Partial Denial.

Please see attached records and response letter.

From: Department of Homeland Security Office of Inspector General

Good Afternoon Free,

Please see the response to your FOIA Appeal No. 2023-IGAP-00003: FOIA Request No. 2019-IGFO-00176.

Sincerely,

DHS-OIG FOIA Team

From: Department of Homeland Security Office of Inspector General

Andrew Free,

This email is a supplemental response to your FOIA request 2019-IGFO-00176. Please see attachments. A second email of supplemental response containing photos will be sent separately due to photo(s) size. This is email 1 of 2.

Sincerely,

DHS-OIG FOIA Team

From: Department of Homeland Security Office of Inspector General

Andrew Free,

This email is a supplemental response to your FOIA request 2019-IGFO-00176. Please see attachments. A second email of supplemental response containing photos will be sent separately due to photo(s) size. This is email 2 of 2.

Sincerely,

DHS-OIG FOIA Team

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