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Freddy Martinez filed this request with the United States Customs and Border Protection of the United States of America.
Tracking #

CBP-AP-2021-031660

CBP-2019-067676, CBP-OFO-2019-067676

CBP-2019-067676

Due Sept. 4, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Freddy Martinez

To Whom It May Concern:

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

Beginning in July on 2019, ProPublica published a story called "Inside the Secret Border Patrol Facebook Group Where Agents Joke About Migrant Deaths and Post Sexist Memes". In this story, they describe a Facebook group called "I’m 10-15" which was comprised of current and former CBP officers. As recently as today, The Intercept, another news outlet published a report about the head of CBP in the same Facebook group.

Source:
https://theintercept.com/2019/07/12/border-patrol-chief-carla-provost-was-a-member-of-secret-facebook-group/
https://www.propublica.org/article/secret-border-patrol-facebook-group-agents-joke-about-migrant-deaths-post-sexist-memes

From July 1st to 2019 I am seeking the following records from Customs and Border Patrol, in particular the Office of Public Affairs and the Office of Public Responsibility:

- Documents sufficient to show actions taken by CBP in response to the reporting by ProPublica or other journalism reports.
- Documents sufficient to show any public statements being prepared by CBP in response to this reporting.
- Documents sufficient to describe any internal memos, documents, guidance or other forms of messaging sent to CBP officers in response to this reporting.
- Documents that sufficiently describe the social media policy of CBP or the social media trainings given to CBP officers.

This request is being made by OpenTheGovernment, a non-partisan government transparency non-profit . Therefore we ask that all fees be waived for 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,

Freddy Martinez

From: United States Customs and Border Protection

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2019-067676&type=request)
* Tracking Number: CBP-2019-067676
* Requester Name: Freddy Martinez
* Date Submitted: 07/15/2019
* Request Status: Submitted
* Description: Please See attachment for description

From: United States Customs and Border Protection

Freddy Martinez
MuckRock News, DEPT MR 77222
411A Highland Ave
Somerville, MA, 02144
07/16/2019
CBP-2019-067676
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 07/15/2019 requesting the following:
* Documents sufficient to show actions taken by CBP in response to the reporting by ProPublica or other journalism reports.
* Documents sufficient to show any public statements being prepared by CBP in response to this reporting.
* Documents sufficient to describe any internal memos, documents, guidance or other forms of messaging sent to CBP officers in response to this reporting.
* Documents that sufficiently describe the social media policy of CBP or the social media trainings given to CBP officers.
From July 1, 2019 through the present.
Please use the following unique FOIA tracking number CBP-2019-067676 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).
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: United States Customs and Border Protection

The FOIA request CBP-2019-067676 has had its Tracking Number changed to CBP-OFO-2019-067676. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2019-067676
* New Tracking Number: CBP-OFO-2019-067676
* Requester Name: Freddy Martinez
* Date Submitted: 07/14/2019
* Long Description: From July 1st to 2019 I am seeking the following records from Customs and Border Patrol, in particular the Office of Public Affairs and the Office of Public Responsibility:
- Documents sufficient to show actions taken by CBP in response to the reporting by ProPublica or other journalism reports.
- Documents sufficient to show any public statements being prepared by CBP in response to this reporting.
- Documents sufficient to describe any internal memos, documents, guidance or other forms of messaging sent to CBP officers in response to this reporting.
- Documents that sufficiently describe the social media policy of CBP or the social media trainings given to CBP officers.

From: United States Customs and Border Protection

The FOIA request CBP-OFO-2019-067676 has had its Tracking Number changed to CBP-2019-067676. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:

* Old Tracking Number:
CBP-OFO-2019-067676
* New Tracking Number:
CBP-2019-067676
* Requester Name:
Freddy Martinez
* Date Submitted:
07/14/2019
* Long Description:
From July 1st to 2019 I am seeking the following records from Customs and Border Patrol, in particular the Office of Public Affairs and the Office of Public Responsibility:
- Documents sufficient to show actions taken by CBP in response to the reporting by ProPublica or other journalism reports.
- Documents sufficient to show any public statements being prepared by CBP in response to this reporting.
- Documents sufficient to describe any internal memos, documents, guidance or other forms of messaging sent to CBP officers in response to this reporting.
- Documents that sufficiently describe the social media policy of CBP or the social media trainings given to CBP officers.

From: Freddy Martinez

This is an appeal under 5 USC 552 for CBP's failure to produce records within the 20 business days as required by the statute. To date, CBP has not provided records, provided an estimated date to completion nor communicated to when it will produce records.

Best,
Freddy Martinez

From: United States Customs and Border Protection

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

From: United States Customs and Border Protection

The FOIA
appeal
- CBP-AP-2021-031660 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2021-031660
* Requester: Freddy Martinez
* Submitted Date: 02/09/2021
* Description:
Failure to produce records within 20 days.

From: United States Customs and Border Protection

Freddy Martinez:
The Appeals Office is in receipt of your appeal dated March 10, 2020 which was received on February 9, 2021.  The tracking number assigned to your appeal is CBP-AP-2021-031660. Your appeal will be assigned to a member of the Appeals Office shortly.  Since you are an account holder, it is recommendend that you submit your appeals through FOIA Online.
Sincerely,
Lynette Carter, FOIA Appeals

From: United States Customs and Border Protection

Your FOIAonline user account for requests@muckrock.com will be deactivated in 5 days due to inactivity.

From: United States Customs and Border Protection

Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.

From: United States Customs and Border Protection

Please log into your account to access your appellate decision.  Thank you.

From: United States Customs and Border Protection

Thank you for contacting the Help Desk. A new ticket has been created for you:

New Incident #770,722

Title: Account reactivation
Description: Hello,

I was just wondering if you could reactive the account this email is tied to - we're required to log in to view the appellatte decision. Thanks!

Thank you,

The Help Desk Team

From: United States Customs and Border Protection

Your user account in the FOIAonline application has been reset. (https://www.foiaonline.gov/foiaonline/action/public/login)

Username: requests@muckrock.com
Temporary password: 6d3d2b1d-e214-4

After successfully logging in, you'll be asked to change this password before continuing.

From: United States Customs and Border Protection

Hello, I have reactivated your account.  The FOIA system has emailed you a temporary password to use to regain access to your account.  FOIAonline is now at https://foiaonline.gov.  Use the password as soon as possible as it will expire and your account will lock again every night until fully activated again. Your account will be locked again if not logged into every 30 days as per government policies. Please call us at 844-238-7744 if you have any issues access your FOIA account.
Thanks!

Sandi Long
Help Desk Agent

Thank you for contacting the Help Desk. A new ticket has been created for you:

Service record details:

Title: Account reactivation
Description: Hello,

I was just wondering if you could reactive the account this email is tied to - we're required to log in to view the appellatte decision. Thanks!

Thank you,

The Help Desk Team

From: United States Customs and Border Protection

Your FOIAonline user account for requests@muckrock.com has been deactivated due to inactivity.

From: United States Customs and Border Protection

Your FOIAonline user account for requests@muckrock.com has been locked due to inactivity.

From: United States Customs and Border Protection

Dear Freddy Martinez <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foia.help@epa.gov)
Thank you!
FOIAonline Team (mailto:foia.help@epa.gov)

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