ICE FOIA 10-Day Acknowldedgement Data

Andrew Free filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2022-ICFO-17731

Est. Completion None
Status
Awaiting Appeal

Communications

From: Andrew Free

To Whom It May Concern:

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

1. Any record created, reviewed, or maintained by the ICE FOIA Office showing the total number and/or percentage of FOIA requests the agency failed to acknowledge and assign an individualized tracking number within the statutorily provided period of ten working days during Fiscal Years 18-21.

2. Any record created, reviewed or maintained by the ICE FOIA Office setting forth a plan to ensure more timely and uniform compliance with the statute’s 10-day acknowledgement and tracking requirement.

I make this request on behalf of the #DetentionKills Transparency Initiative, a project of Al Otro Lado.

Thank you,

Andrew Free

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

June 01, 2022 Andrew Free MuckRock News DEPT MR 127465 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2022-ICFO-17731 Dear Mr. Free: This acknowledges receipt of your April 17, 2022, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for any record created, reviewed, or maintained by the ICE FOIA Office showing the total number and/or percentage of FOIA requests the agency failed to acknowledge and assign an individualized tracking number within the statutorily provided period of ten working days during Fiscal Years 18-21..  Your request was received in this office on April 17, 2022. PLEASENOTE: Requesters seekingresponsive records from the U.S. Immigration and Customs Enforcement (ICE) areencouraged to create a DHS FOIA Public Access Link (PAL) accountat: . Creating a PALaccount will allow you to directly submit your FOIA request to ICE and trackthe status of your request. In PAL, you can view your prior PAL submissions,sent correspondences, and responsive records. Although PAL is preferred, ICEFOIA will continue to accept FOIA requests via email at (https://foiarequest.dhs.gov/) https://foiarequest.dhs.gov or via regularmail at U.S. Immigration and Customs Enforcement, Freedom ofInformation Act Office, 500 12 ICE-FOIA@ice.dhs.gov th St. SW, STOP 5009, Washington,DC 20536-5009. 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 care to narrow the scope of your request, please contact our office. 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 media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  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.
Your request has been assigned reference number 2022-ICFO-17731. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2022-ICFO-17731 tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Marcus Francis, in the same manner. Additionally, you have a right to 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; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Immigration and Customs Enforcement

Good afternoon,

In regards to 2022-ICFO-17731, we have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you as soon as possible. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

Sincerely,
ICE FOIA

From: Immigration and Customs Enforcement

11/30/2023

Andrew Free
DEPT MR 127465
Somerville, Massachusetts 02144-2516

RE: ICE FOIA Case Number 2022-ICFO-17731

Dear Requester:

This letter is the final response to your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated 4/17/2022. You have requested any record created, reviewed, or maintained by the ICE FOIA Office showing the total number and/or percentage of FOIA requests the agency failed to acknowledge and assign an individualized tracking number within the statutorily provided period of ten working days during Fiscal Years 18-21.

ICE has considered your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5 U.S.C. § 552a. Information about an individual that is maintained in a Privacy Act system of records may be accessed by that individual unless the agency has exempted the system of records from the access provisions of the Privacy Act.

ICE has conducted a search of the ICE FOIA Office for records responsive to your request and no records responsive to your request were found. The FOIA case processing system does not track the information requested. Additionally, all FOIA requests in the system are automatically assigned a tracking number when created.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

While an adequate search was conducted, you have the right to appeal this determination that no records exist within the above mentioned ICE office. Should you wish to do so, you must send your appeal and a copy of the original response letter, within 90 days of the date of the letter following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8. You may submit your appeal electronically at GILDFOIAAppeals@ice.dhs.gov or via regular mail to:

U.S. Immigration and Customs Enforcement
Office of the Principal Legal Advisor
U.S. Department of Homeland Security
500 12th Street, S.W., Mail Stop 5900
Washington, D.C. 20536-5900

Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia.

Provisions of FOIA allow DHS to charge for processing fees, up to $25, unless you seek a waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge.

If you have any questions please contact FOIA Public Liaison Fernando Pineiro Jr. at (866) 633-1182 or 500 12th St., SW Stop 5009 Washington, DC 20536-5009 and refer to your tracking number. Additionally, you have a right to 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; or facsimile at 202-741-5769.

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

From: Andrew Free

We hereby appeal. This data is gathered for the annual reports DHS provides to DOJ. Please remand and task an adequate search.

Thank you,

Andrew Free

From: Immigration and Customs Enforcement

12/27/2023

RE: ICE FOIA Case Number 2024-ICAP-00078

Dear Requester:

ICE's final response to your FOIA request, 2024-ICAP-00078, for Appeal adequacy of search is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

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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