DHS Tear Gas Shipments

Freddy Martinez filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2021-ICAP-01021

2021-HQAP-00112

2021-ICFO-33407

2021-HQFO-00579

2021-FPFO-00095

Status
Completed

Communications

From: Freddy Martinez


To Whom It May Concern:

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

For the last 18 months, between February 22, 2021 to August 2019 I seek the following records:

- Documents sufficient to show the number of less than lethal munitions used by DHS in Portland Oregon.
- Documents sufficient to show the number of chemical agents used by DHS in Portland Oregon.
- Documents sufficient to show the number of re-supplies to DHS in Portland Oregon.
- Documents sufficient to show the number of re-supplies to DHS in Portland Oregon.

For the purposes of processing this FOIA, I am seeking that you search in the FACTS database which should contain the information, per your PIA. Records *may* be located in the SEACATS database or elsewhere. Do not limit your search to FACTs. For the purposes of this FOIA, I am looking for the use of all chemical agents by DHS in Portland. According to DHS records, "chemical agents" include CS gas, tear gas, pepper spray and other forms of "less lethal" weapons. Please search for records inclusively.

Please be aware that I am searching for records in possession of BOTH DHS HQ and Federal Protective Services.

DHS FOIA OFFICIAL PROCESSING THIS REQUEST: DO NOT CLOSE THIS REQUEST AFTER SENDING IT TO THE FPS SUBAGENCY. I know as a general practice that DHS will close FOIA requests after forwarding the request to its sub agencies for processing. DO NOT DO THIS. If necessary, please SPLIT the request and assign them new tracking numbers. Again, DO NOT close my request for records in possession of DHS HQ and search for records in your posession.

This request is being made by Open The Government, a non-profit organization.

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,

Freddy Martinez

From: Department of Homeland Security

Good Afternoon,
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 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

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 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

Good Afternoon,
Attached is our amended 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 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

Greetings,
Please find the attached correspondence related to your Freedom of Information Act request.  If you need to contact this office again concerning your request, please provide the FPS FOIA reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time.
Regards,
Federal Protective Service
U.S. Department of Homeland Security
E-mail: FPSFOIA@fps.dhs.gov (mailto:CISAFOIA@hq.dhs.gov)

From: Freddy Martinez

This is an appeal under 5 USC 552. These documents *appear* to either have been previously released or incomplete. Our FOIA covered a wider date range which these documents do not cover. Further, we requested documents from the CASE database but records could be other where. Nowhere in the documents is there reference to weapons being inventoried into or out of CASE for the DHS's area of operation in the Pacific North West, which is where Portland is based.

Freddy Martinez
Open The Government

From: Department of Homeland Security

Freddy Martinez
411A Highland Ave
Somerville, MA, 02144
03/09/2021
CBP-2021-040690
Dear Freddy Martinez:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 02/25/2021.     Please use the following unique FOIA tracking number CBP-2021-040690 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).  [As your request seeks documents that will require a thorough and wide-ranging search, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.] OR [As your request seeks a voluminous amount of separate and distinct records, CBP will invoke a 10-day extension for your request pursuant to  6 C.F.R. Part 5 § 5.5(c).  If you would like 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.] OR [As the subject matter of your request is of substantial interest to two or more components of CBP or of substantial interest to another agency, we will need to consult with those entities before we issue a final response.  Due to these unusual circumstances, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.]
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

From: Department of Homeland Security

Mr. Martinez,

ICE's final response to your FOIA request, 2021-ICFO-33407, for records between August 1, 2019 to February 22, 2021:-documents sufficient to show the number of less than lethal munitions used by DHS in Portland Oregon-documents sufficient to show the number of chemical agents used by DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

Sincerely,
ICE FOIA

From: Department of Homeland Security

Good evening Mr. Martinez,

I am in receipt of an appeal received by my office or around April 20, 2021 and dated April 14, 2021. Please allow me to apologize for the delay in addressing your matter as we were behind in the receipt of physical mail. I have examined your request as well as my supervisor and were are unable to positively identify which case you are filing an appeal on. It appears that the request is 2021-HQFO-00579 but there are multiple pages identifying multiple requests and even request from another agency. Please provide a breakdown of what you are seeking and document the actual case that you are seeking records on. If these numerous requests are linked in some way, please provide a detailed breakdown of what you are seeking and how they are related. Please note this email does not constitute an official acknowledgement of the receipt of your request. Before I am able to generate a case file and the associated appeal case number in an acknowledgment I need clarification. Thank you for your assistance in this matter and I look forward to getting this issue resolved quickly. Please send your response and/or questions directly to me.

Respectfully,

Sharon R. Deshield
Department of Homeland Security, HQ
Office of the Secretary and Executive Management
Litigation and Appeals
Privacy Office
Email: sharon.deshield@hq.dhs.gov<mailto:sharon.deshield@hq.dhs.gov>

"Never look down on someone...unless you are helping them up!" Unknown

From: Department of Homeland Security

Good afternoon Mr. Martinez,

I have been able to determine that based on the request you submitted you are questioning the records you received under 2021-FPFO-00095 as no records were received under 2021-HQFO-00579. You will receive your acknowledgement letter shortly with your assigned appeal number.

Respectfully,

Sharon R. Deshield
Department of Homeland Security, HQ
Office of the Secretary and Executive Management
Litigation and Appeals
Privacy Office
Email: sharon.deshield@hq.dhs.gov<mailto:sharon.deshield@hq.dhs.gov>

"Never look down on someone...unless you are helping them up!" Unknown

From: Department of Homeland Security

Good day,
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 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

**Please Do Not Respond Directly -This email has been sent on behalf of ice-foia@dhs.gov**

We have received your Freedom of Information Act request for appealing withholding of records between August 1, 2019 to February 22, 2021:-documents sufficient to show the number of less than lethal munitions used by DHS in Portland Oregon-documents sufficient to show the number of chemical agents used by DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon and have assigned it tracking number 2021-ICAP-01021. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Department of Homeland Security

Mr. Martinez,

ICE's final response to your FOIA request, 2021-ICAP-01021, for appealing withholding of records between August 1, 2019 to February 22, 2021:-documents sufficient to show the number of less than lethal munitions used by DHS in Portland Oregon-documents sufficient to show the number of chemical agents used by DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon-documents sufficient to show the number of re-supplies to DHS in Portland Oregon is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

Sincerely,
ICE FOIA

From: Department of Homeland Security

Mr. Martinez:

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

Thank you,

Lauren Meus
Hearing Docket Clerk
U.S. Coast Guard

From: Department of Homeland Security

CBP-2021-040690 has been processed with the following final disposition: Partial Grant/Partial Denial.

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