FOIA Processing Notes - 2022-F-08199 & 2022-F-00149

To Whom It May Concern:

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

All processing notes, FOIA taskers, internal communications, database entries, or any other agency record created in response to the FOIA request designated 2022-F-08199 by the agency, and the corresponding appeal, designated 2022-F-00149.

I request expedited processing of this request because the underlying records contain evidence of the Department of Labor violating the Freedom of Information Act and unlawfully cutting off access to responsive records. As good cause for expedited processing, we respectfully provide the following sequence of events:

(1) On April 15, 2022, we 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.”
(2) On April 26, 2022, DOL acknowledged receipt of the request, and assigned it tracking number 2022-F-08199.
(3) The same day, DOL notified us it had referred the request to the Employment and Training Administration.
(4) The same day, we responded, offering to provide any further information that may help the agency locate responsive records.
(5) DOL-ETA confirmed receipt of this communication on April 26, 2022.
(6) On May 16, 2022, DOL-ETA transmitted a letter indicating it was “tolling” the request, pending receipt of additional information from us about the request.
(7) Specifically, the agency’s letter purports to require us to elect which ETA agency we believe possesses responsive records, and provides a hyperlink to a list of subject areas — a link that did not work because the letter is not sent with a functioning link.
(8) DOL-ETA’s May 16 letter purports to give us until May 30, 2022, to magically divine which ETA office it should search to find records responsive to a FOIA request that was never directed at ETA in the first place.
(9) DOL-ETA informed us in the May 16 letter that failure to play the roulette wheel the agency offered before May 30 would result in administrative closure of the request.
(10) On June 15, 2022, we appealed DOL-ETA’s baseless tolling decision, unlawful search election requirement, and administrative closure threat because none of these actions is supported by the text of the Freedom of Information Act, and each of them violates the agency’s obligations in responding to FOIA requests, including the presumption of openness and liberal construction that applies to the agency’s reading of all FOIA requests.
(11) On June 16, 2022, DOL acknowledged the receipt of our administrative appeal and assigned that appeal tracking number 2022-A-00149.
(12) On June 23, 2022, DOL notified us in writing that the request designated 2022-F-08199 was closed for failure to receive the requested information.
(13) On June 24, 2022, we appealed again.

How did a FOIA request directed at the Department of Labor wind up at the Employment and Training Administration? We did not send the request there. So someone in DOL’s FOIA Office must have determined ETA was the agency most likely to have responsive records, and assigned this request to ETA. Now ETA is asking US — not DOL — to tel ETA where to search. DOL determined ETA had records, and now we are forced to identify where those records are. And we are forced to do so to the exclusion of the rest of DOL — including the Legislative Affairs Office, the Solicitor of Labor’s Office, the Policy Office, and the Secretary of Labor’s Office. We never sent ETA a FOIA in the first place, and now ETA is denying our FOIA for failing to tell the agency where inside ETA to search. That is the state of of affairs with this request, and none of it comports with the requirements of the statute. In the meantime, the agency is further denying prompt access to public records with no legitimate legal basis.

Please grant this request for expedited processing and produce the responsive records as soon as possible.

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

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