Dimutrascu Detainee Death Review
| Tracking # |
2024-ICFO-28663 |
| Submitted | April 3, 2024 |
| Due | May 1, 2024 |
| Est. Completion | None |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
A. A copy of the Detainee Death Review (DDR) for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023. See https://www.ice.gov/doclib/foia/reports/ddrCristianDumitrascu.pdf. Please task a search of the ICE Office of Professional Responsibility External Reviews and Analysis Unit, as well as a search of the Executive Assistant Director responsible for custody operations
B. A copy of the cover letter or findings memo ICE OPR sent when it circulated the Dumitrascu DDR.
C. A copy of the Creative Corrections Health & Security Compliance Analysis ICE ERAU commissioned to prepare the DDR.
I hereby request expedited processing of this request pursuant to 6 CFR 5.5(e) and in support of this request, attest under penalty of perjury pursuant to 28 USC 1746 that the following statements are true and correct to the best of my knowledge:
1. I am a member of the media, primarily engaged in the dissemination of information.
2. There is an urgency to inform the public about the circumstances of Mr. Dumitrascu's death.
3. At least 7 people detained in the same area as Mr. Dumitrascu declared under oath that his care was delayed by CoreCivic staff.
4. Multiple individuals detained with Mr. Dumitrascu on the night of his death declared under oath that CoreCivic shut off telephone lines in the hours following his death -- preventing them from communicating what happened.
5. At least one person detained with Mr. Dumitrascu on the night of his death alleged CoreCivic and ICE accelerated the process of his removal in retaliation for attempting to share information about the death.
6. CoreCivic facilities have previously been fined for negligence and contract violations that preceded deaths in ICE custody. See, e.g., https://www.documentcloud.org/documents/24529304-stewart-contract-discrepancy-dec-2018.
7. At least 55 deaths have occurred at CoreCivic's ICE facilities since 2003--more than any other ICE contractor.
8. Since early 2017, ICE ceased affirmatively publishing detainee death reviews, forcing families to file FOIAs and sue when their loved ones die in order to obtain basic information on the government's findings.
9. Congress recently approved the expansion of ICE detention by more than 20% -- up 7,500 beds to 41,500 funded.
10. DHS and the present administration proposed cuts to inspection budgets for ICE detention centers, rendering the public less able to assess the lethality of ICE detention operations, including those at Otay Mesa.
In addition to making this request under 5 USC 552(a)(3), I demand release of this information pursuant to the Affirmative Disclosure obligations of 5 USC 552(a)(2).
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: Immigration and Customs Enforcement
04/09/2024
Andrew Free
MuckRock News DEPT MR 161637
Boston , Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-28663
Dear Requester:
This acknowledges receipt of your 4/3/2024, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for the Detainee Death Review (DDR) for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023. Your request was received in this office on 4/3/2024.
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’re able to narrow the scope of your request please contact our office. Narrowing the scope may speed up the search process. We will make every effort to comply with your request in a timely manner.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS Interim FOIA regulations as they apply to non-commercial requesters. As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher. We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued.
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.
If you have any questions, please contact FOIA Public Liaison, Daniel Edgington at 500 12th Street, SW, Washington DC 20536 or (866) 633-1182. 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.
Your request has been assigned reference number 2024-ICFO-28663. Please use this number in future correspondence.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
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