DOL-DHS VWP Coordination
| Tracking # |
2022-F-10530 2022-F-10529 2022-F-10528 2022-A-00149 2022-F-08199 |
| Submitted | April 15, 2022 |
| Est. Completion | July 22, 2022 |
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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:
All communications between the Department of Labor and the Department of Homeland Security regarding U.S. Immigration and Customs Enforcement's so-called Voluntary Work Program from January 1, 2017 to the present.
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 Labor
April 26, 2022 Andrew Free
MuckRock News
DEPT MR 127466
411A Highland Avenue
Somerville, MA 02144-2516 Andrew: Thisacknowledges the receipt of your April 15, 2022, FOIA request for communications since January 2017 between the Department of Labor and Department of Homeland Security regarding Immigration and Customs Enforcement's so-called Voluntary Work Program. It was received in our agency today and assigned to our Employment and Training Administration (ETA) with tracking number 2022-F-08199. You may use this number to track the progress of your request at https://efoia.dol.gov/app/CheckStatus.aspx. If you need to contact ETA about it for any reason, please submit your inquiry through FOIAStatus.eta@dol.gov (mailto:osha.foia@dol.gov) or phone 202-693-3865. In addition, it would be helpful to include the tracking number in the Subject line of any submission to them or to have it available at the time of a call. Sincerely, Darlene Miller | Government Information Specialist, Office of Information Services Division of Management and Administrative Legal Services (MALS) | Office of the Solicitor U S Department of Labor | 200 Constitution Avenue NW N2420 | Washington DC 20210 Phone: 202-693-5442 | Fax: 202-693-5389 | Email: miller.darlene@dol.gov (mailto:miller.darlene@dol.gov) | e-FOIAs: foiarequests@dol.gov (mailto:foiarequests@dol.gov)
From: Andrew Free
Thank you very much, Darlene.
If it would help I have some more specific time periods and custodians/senders where it appears responsive records may have originated from. Please let me know if there’s a process by which the agency would like to discuss those?
Many thanks,
Andrew
From: Department of Labor
Thank you for contacting the Employment and Training Administration’s Freedom of Information Act Service Center regarding your Freedom of Information Act (FOIA) request. We are happy to assist you and ask that you note the following information:
Expected Response Timeframe:
FOIA PERSONNEL WILL RESPOND TO YOUR INQUIRY WITHIN 7 BUSINESS DAYS, provided you have included the tracking number for your request. If you did not include the tracking number in your inquiry, please send a second email with the subject ‘FOLLOW UP’ and the tracking number. Alternatively, if the tracking number is not available, please provide the (1) requestor’s name; (2) method of filing (e-mail, fax, or, regular mail); and, (3) the approximate date of filing the FOIA request...
Notice of Proper vs. Improper FOIA Request Submissions:
Per regulation, this Service Center mailbox cannot accept submissions of NEW FOIA requests. Instead, please direct new FOIA requests as follows:
FOIA Requests via E-mail: Attn: ETA FOIA Coordinator via foiarequest@dol.gov<mailto:foiarequest@dol.gov>
FOIA Requests via Fax: Attn: ETA FOIA Coordinator via 202-693-2858
FOIA Requests via Mail: ETA FOIA Coordinator
Employment and Training Administration
U.S. Department of Labor
200 Constitution Avenue, NW, Room: N-4653
Washington, DC 20210
Thank you for your interest in the Employment and Training Administration’s records and FOIA services.
From: Department of Labor
Good Afternoon,
Please see the attached letter regarding FOIA request 2022-F-08199.
Employment and Training Administration
From: Andrew Free
First, I appeal the assignment of this FOIA request to ETA. Multiple branches within DOL, including WHD, Congressional Affairs, and the Solicitor of Labor, may have responsive records. It is not the duty of the requestor to identify all the sub-offices most likely to possess the records sought, but rather, to direct the request to the appropriate federal agency, where the agency itself bears the legal duty to make that determination.
Second, I appeal the “tolling” ETA has applied in an effort to avoid its statutory obligations to task an adequate search and make agency records promptly available. The FOIA request never should have gone to ETA exclusively, and we have provided ample information to allow DOL FOIA to judge which offices are reasonably likely to contain responsive records. On what basis was the request sent to ETA in the first place if DOL didn’t know where to look? On what basis has ETA determined there’s not enough information on where to look if DOL already directed the request there? This communication is the government avoiding its statutory obligations and threatening our request with unreviewable denial, in the form of “administrative closure”, if we don’t promptly respond.
Third, I appeal the the 10-working day period agency provided to respond. Does the agency plan on producing records in 10 working days? No? Then what action is a more than 10-working-day response preventing the agency from taking in response to the FOIA request OTHER THAN simply closing the request and clearing it from its books.
Fourth, I appeal this response as a constructive denial, for which the agency has failed to provide notice to the request of the right to appeal. Consequently, should this request end up in federal court litigation, it will be the requestor’s position that this communication constitutes a constructive denial and final agency action sufficient to vest jurisdiction under 5 USC 552(a)(4)(B).
Fifth, I appeal the agency’s proposal to “administratively close” a request without offering any pathway to the requestor for “administrative reopening”. If it’s simply a one-way closure, requiring a new request, it’s a denial. Nothing more, nothing less.
In sum, this response violates the Freedom of Information Act in nearly every respect. Please remand to DOL FOIA with instructions to task adequate searches within the time period allowed by the statute, and to make all reasonably segregable, non-exempt agency records responsive to this request “promptly available”.
Thank you,
Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Freedom of Information Act request, copied below, and originally submitted on April 15, 2022. You had previously indicated that it would be completed on May 30, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2022-F-08199.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Labor
Appeals Unit Freedom ofInformation Act/Privacy Act Division ofManagement and Administrative Legal Services 200 ConstitutionAvenue, N.W., Suite N-2420 Washington, DC 20210 Phone: (202) 693-5503 /Fax: (202) 693-5538 June 16, 2022 To: Andrew Free
MuckRock News
DEPT MR 127466
411A Highland Avenue
Somerville, MA 02144-2516 From: Raymond E. Mitten Jr. Counsel for FOIA Appeals, Paperwork Reduction Act, Federal RecordsAct Re: Your Appealto the Solicitor of Labor under the Freedom ofInformation Act and/or Privacy Act. Date of your appeal: June 15, 2022 Subject of yourappeal: Communications since 1/2017 between DOL and DHS re Immigration and Customs Enforcement's so-called Voluntary Work Program. Appeal Reference No.: 2022-A-00149 This is to acknowledge receipt of your letter appealing adenial of information by a Department of Labor component agency. Your appeal is being processed. The law requires that appeals be sequenced for action on afirst-in first-out basis, consistent with the guidance provided by thecourts. See Open America v. Watergate Special Prosecution Force, 547 F.2d605 (D.C. Cir. 1976). The number ofappeals currently waiting for review is substantial. However, the Freedom of Information Actpermits multitrack processing of requests based on the amount of processingwork or time, or both, involved. 5 U.S.C. § 552(a)(6)(D)(i). Thus, we are authorized, to schedule forfaster action those appeals which require limited staff time – i.e., those thatinvolve limited scope or complexity. Should you have any questions about the status of your appeal,have any additional information which you believe should be brought to ourattention, or wish to limit or withdraw your appeal, please contact this officeat the phone or address listed above. To help us serve you, please direct your inquiries to LindaRobinson via email at Robinson.linda@dol.gov, or at the number noted above, andrefer to our appeal reference number when making your inquiry. Thank you.
From: Department of Labor
Good Afternoon,
Please see the attached letter regarding the status of FOIA request 2022-F-08199.
Thank you,
Employment and Training Administration
FOIAStatus.ETA@dol.gov
From: Andrew Free
I appeal.
From: Andrew Free
The following email was sent this morning to all prior email accounts provided in response to this request.
***********************************************************************************************************************
Good morning:
I am reaching out in the hopes that a human being on the other end of this message will read its contents and respond.
The agency’s processing of the above referenced FOIA requests to date is absurd and Kafkaesque.
Here is the situation:
We sought records from the Department of Labor — the WHOLE department — about ICE’s Voluntary Work Program. DOL FOIA assigned that request to ETA. ETA then asked us to identify where, within ETA we wanted searched. We objected. ETA closed the case and performed no search.
Why this is unlawful & needs immediate attention:
The agency has refused to search a FOIA request to all of the Department of Labor because we allegedly failed to identify where, within the one agency subcomponent DOL selected as the office most likely to possess responsive records, the agency should search. We never FOIA’d ETA. We FOIA’d DOL. And we did so with sufficient information about the time period and subject of the records to allow the agency to make a determination as to the most likely custodians of responsive records.
When we objected to being forced to make the choice ETA unlawfully put before us, ETA retaliated by falsely claiming it received no information, and administratively closed the request.
None of this is lawful.
What you can do to fix this today:
Return this request to DOL and task a component-wide search for responsive records that is not limited to ETA. If there was some factual basis for believing ETA the most likely custodian of records, then task whatever custodians led you to that belief. If there is not, remove the request from ETA and conduct an adequate search.
Next Steps in the Absence of Prompt Remedial Action:
Should DOL persist on the present course of unlawful denial and non-responsive communications, we intend to bring suit under the Freedom of Information Act to enjoin DOL’s unlawful withholding. As part of that suit, we will seek a judicial declaration that the withholding in this case was arbitrary and capricious, and a referral by the District Court to the Special Counsel to analyze which officials will be held personally responsible for the agency’s actions in this case.
In addition, we will sue to enjoin these FOIA processing shenanigans under the APA, and name each of the respondents listed in this email personally.
You have 20 working days from the date DOL received our appeal. Please bring your office into immediate compliance with its legal obligations under the Act.
Or you may simply confirm, by your continued failure to substantively respond to our written objections, that you none of you believes you’re currently breaking the law, and we have no other recourse but a federal courthouse to enforce our rights under the Act.
Thank you for your prompt attention to this matter.
I am reachable by this email at your convenience should you wish to discuss.
Best regards,
Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado
From: Andrew Free
Good Morning,
DOL FOIA Public Liaison Thomas Hicks was able to address our concerns regarding this request this morning. Based on his representations during our call, we are willing to withdraw our administrative appeal pending search and adjudication by other DOL subcomponent FOIA offices.
From: Department of Labor
June 28, 2022 Andrew Free
MuckRock News
DEPT MR 127466
411A Highland Avenue
Somerville, MA 02144-2516 Andrew: Your April 15, 2022, FOIA request for communications since January 2017 between DOL and DHS regarding Immigration and Customs Enforcement's so-called Voluntary Work Program has been assigned to the Office of the Secretary of Labor (OSEC) with tracking number 2022-F-10528. You may use this number to track the progress of your request at https://efoia.dol.gov/app/CheckStatus.aspx . If you need to contact the agency about it for any reason, please submit your inquiry through OSEC-FOIA@dol.gov or phone 202-693-6084. In addition, it would be helpful to include the tracking number in the Subject line of any submission to us or to have it available at the time of a call. Sincerely, Darlene Miller | Government Information Specialist, Office of Information Services Division of Management and Administrative Legal Services (MALS) | Office of the Solicitor U S Department of Labor | 200 Constitution Avenue NW N2420 | Washington DC 20210 Phone: 202-693-5442 | Fax: 202-693-5389 | Email: miller.darlene@dol.gov (mailto:miller.darlene@dol.gov) | e-FOIAs: foiarequests@dol.gov (mailto:foiarequests@dol.gov)
From: Department of Labor
June 28, 2022 Andrew Free
MuckRock News
DEPT MR 127466
411A Highland Avenue
Somerville, MA 02144-2516 Andrew: Your April 15, 2022, FOIA request for communications since January 2017 between DOL and DHS regarding Immigration and Customs Enforcement's so-called Voluntary Work Program has been assigned to our Office of Congressional and Intergovernmental Affairs (OCIA) with tracking number 2022-F-10529. You may use this number to track the progress of your request at https://efoia.dol.gov/app/CheckStatus.aspx . If you need to contact the agency about it for any reason, please submit your inquiry through Yu.Cathy.C@dol.gov or phone 202-693-2817. In addition, it would be helpful to include the tracking number in the Subject line of any submission to us or to have it available at the time of a call. Sincerely, Darlene Miller | Government Information Specialist, Office of Information Services Division of Management and Administrative Legal Services (MALS) | Office of the Solicitor U S Department of Labor | 200 Constitution Avenue NW N2420 | Washington DC 20210 Phone: 202-693-5442 | Fax: 202-693-5389 | Email: miller.darlene@dol.gov (mailto:miller.darlene@dol.gov) | e-FOIAs: foiarequests@dol.gov (mailto:foiarequests@dol.gov)
From: Department of Labor
June 28, 2022 Andrew Free
MuckRock News
DEPT MR 127466
411A Highland Avenue
Somerville, MA 02144-2516 Andrew: Your April 15, 2022, FOIA request for communications since January 2017 between DOL and DHS regarding Immigration and Customs Enforcement's so-called Voluntary Work Program has been assigned to our Office of the Assistant Secretary for Policy (OASP) with tracking number 2022-F-10530. You may use this number to track the progress of your request at https://efoia.dol.gov/app/CheckStatus.aspx . If you need to contact the agency about it for any reason, please submit your inquiry through Fryer.Terry.L@dol.gov or phone 202-693-5925. In addition, it would be helpful to include the tracking number in the Subject line of any submission to us or to have it available at the time of a call. Sincerely, Darlene Miller | Government Information Specialist, Office of Information Services Division of Management and Administrative Legal Services (MALS) | Office of the Solicitor U S Department of Labor | 200 Constitution Avenue NW N2420 | Washington DC 20210 Phone: 202-693-5442 | Fax: 202-693-5389 | Email: miller.darlene@dol.gov (mailto:miller.darlene@dol.gov) | e-FOIAs: foiarequests@dol.gov (mailto:foiarequests@dol.gov)
From: Department of Labor
Hello:
This acknowledges the receipt of your Freedom of Information Act (FOIA) request, in which you requested all communications between the Department of Labor and the Department of Homeland Security regarding U.S. Immigration and Customs Enforcement's so-called Voluntary Work Program from January 1, 2017 to the present:
Your request was received in our office on 6/28/22 and assigned FOIA tracking number 2022-F-10528.
This letter is to inform you the Office of the Secretary is unable to respond to your request within the time limits established by the FOIA. Our ability to process your request is delayed because we are experiencing a backlog of requests. Please be advised, however, that your request is being handled as equitably as possible and that all documents that can be released will be made available at the earliest possible date. We will keep you informed of our progress. We expect to complete processing your request on or before 40 days from the date of this acknowledgment.
The Department of Labor has transitioned to a new data platform and the interface of the FOIA Portal has changed. By using the tracking number above, you may track the status of your FOIA request online at https://efoia.dol.gov/app/CheckStatus.aspx. Case files numbers must be entered exactly as provided. For example, FOIAXpress assigns alpha numeric tracking numbers (2020-F-00001), while SIMS-FOIA assigns six digit tracking numbers (887686). If you have been assigned an SIMS-FOIA tracking number, you can check the status of your FOIA request by clicking on the “legacy case search portal<https://www.dol.gov/foia>” link.
If you need to contact OSEC about it for any reason, please submit your inquiry via email at OSEC-FOIA@DOL.GOV<mailto:OSEC-FOIA@DOL.GOV>. In addition, it would be helpful to include the tracking number in the Subject line of any submission made.
Sincerely,
Toya A. Peets
U.S. Department of Labor
Office of the Secretary
(202) 693-6112
From: Department of Labor
Dear Mr. Free,
Please see the attached Official Response to your FOIA 2022-F-10530 from the Office of the Assistant Secretary for Policy. Thank you for writing the U.S. Department of Labor.
Sincerely,
Ms.Terry L. Fryer, FWB|AU|HUTC|UMUC|SEU
Freedom of Information Act (FOIA) Coordinator/Liaison
U.S. Department of Labor
Office of the Assistant Secretary for Policy
202-693-5925 (Direct)|Fryer.Terry.L@dol.gov<mailto:%7CFryer.Terry.L@dol.gov>
DISCLAIMER: This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Any unauthorized review,use, disclosure or distribution is prohibited. If you think you received this e-mail in error, please notify the sender immediately.
From: Department of Labor
Official Response: FOIA 2022-F-10530 Andrew Free filed via Muck Rock News 7.11.2022ss.pdf
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Sent Official Response FOIA 2022-F-10530 Andrew Free filed via Muck Rock News 7.11.2022ss.pdf
From: Department of Labor
Dear Mr. Free:
Please find correspondence concerning your request to withdraw your Freedom of Information Act appeal attached.
Thank you,
Erin E. Pride
Erin E. Pride * Attorney, FOIA Appeals
Division of Management and Administrative Legal Services (MALS) *Office of the Solicitor
U.S. Department of Labor * 200 Constitution Ave. NW N-2420 * Washington, D.C. 20210
Phone: 202.693.5501 * Fax: 202.693.5538 * Pride.Erin.E@dol.gov<mailto:Pride.Erin.E@dol.gov>
Files
pages
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07/11/2022
Sent Official Response FOIA 2022-F-10530 Andrew Free filed via Muck Rock News 7.11.2022ss.pdf