First FOIA (U.S. Citizenship and Immigration Services)

Submitted on Thursday, May 30, 2019 - 15:32
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : United States
Citizenship and Immigration Services (USCIS)
Title:
First Name: Emma
Middle Initial:
Last Name: Best
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 73635
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number:
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

*Documents generated as part of the creation of the FOIA office (defined as
whatever department, office, or coordinator is responsible for overseeing
and/or processing FOIA requests), whether this was at the time of the
agency's creation or the passage of the Freedom of Information Act, to
include:
1. The instruction to do so from the Agency, as well as any guidance from the
senior leadership
2. Documents discussing proposals and procedures
3. Any legal guidance or analysis produced or acquired by the Agency in
response to or as part of the creation of the FOIA office
4. Internal documents from the press office, legislative liaison's office (or
equivalent), general counsel's office (or equivalent), director's office (or
equivalent) or the newly created FOIA office, reacting to or characterizing
the office and it's creation

* A copy of the agency's first perfected (successful) FOIA request

* Copies of other FOIA requests filed before the FOIA request described above

* Processing notes, search slips and response documents regarding the FOIA
requests described above

* The first set of guidelines, instructions and/or forms created to control
the agency's processing of FOIA requests

* A copy of the agency's first successful FOIA appeal

* Copies of other FOIA appeals received by the agency before the appeal
described above

* Processing notes, search slips and response documents regarding the FOIA
appeals described above

* The first set of guidelines, instructions and/or forms created to control
the agency's processing of FOIA appeals

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,

Emma Best

Attachments:

https://cdn.muckrock.com/outbound_composer_attachments/TheEmmaBest/70715/Fee20category20and20search20parameters.pdf
Upload documents directly:
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I am willing to pay fees for this request up to the amount of: $: 0
Select from the list below: A representative of the news media seeking
information as part of a news gathering effort and not for commercial use.
I request a waiver of all fees for this request.: I request a waiver of all
fees for this request.
Please provide an explanation for your request for a fee waiver:
I am a member of the news media and request classification as such. I have
previously written about the government and its activities, with some
reaching over 100,000 readers in outlets such as Gizmodo, MuckRock,
Motherboard, Property of the People, AND Magazine, Unicorn Riot, and more. As
such, as I have a reasonable expectation of publication and my editorial and
writing skills are well established.
In addition, I discuss and comment on the files online and make them
available through non-profits such as the library Internet Archive and and
the journalist non-profit, MuckRock, disseminating them to a large audience.
While my research is not limited to this, a great deal of it, including this,
focuses on the activities and attitudes of the government itself. As such, it
is not necessary for me to demonstrate the relevance of this particular
subject in advance. Additionally, case law states that “proof of the
ability to disseminate the released information to a broad cross- section of
the public is not required.” Judicial Watch, Inc. v. Dep’t of Justice,
365
F.3d 1108, 1126 (D.C. Cir. 2004); see Carney v. U.S. Dep’t of Justice,
19 F.3d 807, 814-15 (2d Cir. 1994). Further, courts have held that "qualified
because it also had “firm” plans to “publish a number of . . .
‘document sets’” concerning United States foreign and national security
policy." Under this criteria, as well, I qualify as a member of the news
media.
Additionally, courts have held that the news media status "focuses on the
nature of the requester, not its request. The provision requires that the
request be “made by” a representative of the news media. Id.
§ 552(a)(4)(A)(ii)(II). A newspaper reporter, for example, is a
representative of the news media regardless of how much interest there is in
the story for which he or she is requesting information." As such, the
details of the request itself are moot for the purposes of determining the
appropriate fee category.
As my primary purpose is to inform about government activities by reporting
on it and making the raw data available, I request that fees
be waived.
Please select and describe in detail if you believe your request warrants
expeditious handling:
Please provide information to support your selection:

An acknowledgement letter, stating the request is being processed.

A no responsive documents response.