ICE META-FOIA
| Tracking # |
2022-ICAP-00463 2020-ICFO-56999 |
| Submitted | June 12, 2020 |
| Due | July 13, 2020 |
| Est. Completion | None |
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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:
Please task ICE-FOIA with providing all records created in response to the FOIA requests designated by ICE-assigned tracking numbers listed below on the dates indicated. An adequate search will include tasking ICE's FOIA office with retrieving all tasking and correspondence with custodians of records, any communications between ICE-FOIA and any other FOIA office, and any other agency records, whether database, email, or paper files, created as a result of receiving the FOIA requests listed below:
1. 2019-ICFO-39006
2. 2019-ICFO-38991
3. 2020-ICAP-00228
4. 2019-ICFO-43907
5. 2020-ICFO-04380
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
Submitted on Monday, June 15, 2020 - 00:41
Submitted by user: Anonymous
Submitted values are:
Select the DHS component you wish to submit your request to: : U.S.
Immigration and Customs Enforcement (ICE)
Title:
First Name: Andrew
Middle Initial:
Last Name: Free
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 95563
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
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:
Please task ICE-FOIA with providing all records created in response to the
FOIA requests designated by ICE-assigned tracking numbers listed below on the
dates indicated. An adequate search will include tasking ICE's FOIA office
with retrieving all tasking and correspondence with custodians of records,
any communications between ICE-FOIA and any other FOIA office, and any other
agency records, whether database, email, or paper files, created as a result
of receiving the FOIA requests listed below:
1. 2019-ICFO-39006
2. 2019-ICFO-38991
3. 2020-ICAP-00228
4. 2019-ICFO-43907
5. 2020-ICFO-04380
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
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I am willing to pay fees for this request up to the amount of: $: 25
Select from the list below: An individual seeking information for personal
use and not for commercial use.
I request a waiver of all fees for this request.:
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expeditious handling:
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From: Immigration and Customs Enforcement
June 24, 2020 Andrew Free MuckRock News DEPT MR 95563 411A Highland Ave Somerville, MA 02144 RE: ICE FOIA Case Number 2020-ICFO-56999 Dear Mr. Free: This acknowledges receipt of your June 15, 2020, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all records created in response to the FOIA requests designated by ICE-assigned tracking numbers listed below on the dates indicated; (please see request for details). Your request was received in this office on June 15, 2020. 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 non-commercial requesters. As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher. 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 2020-ICFO-56999. 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 2020-ICFO-56999 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 (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, 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.
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
Dear Andrew Free,
The password to open the responsive records delivered in a separate email for 2020-ICFO-56999 is listed below. If you do not receive the email containing the responsive documents within a reasonable timeframe please contact our office at foia-obim@hq.dhs.gov. (mailto:foia-obim@hq.dhs.gov)
Document Password: DC72xd9V
Sincerely, OBIM FOIA Branch
From: Immigration and Customs Enforcement
Mr. Free,
ICE's final response to your FOIA request, 2020-ICFO-56999, for all records created in response to the FOIA requests designated by ICE-assigned tracking numbers listed below on the dates indicated; (please see request for details) 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
-
2020-ICFO-56999
From: Andrew Free
Good morning,
Thank you for providing these records. I hereby appeal the adequacy of the agency’s search and its withholdings. With regard to the search, there obvious additional emails included by reference in the materials ICE FOIA produced, but those emails are absent from the production. For instance, there is the discussion of a “re-tasking” of search responsibilities for Peter Edge’s emails to HSI, following that component’s conclusion that there were no HSI records and thus nothing for the component to do. There are repeated references to the need to follow up with the requester — specifically from OAQ — but no communications from ICE to the requester. There are also references to placing the FOIA process on hold pending those clarifications, but no record indicating such designation was assigned. The system of records for tracking and monitor these FOIA was clearly not searched—just emails. Please re-task adequate searches.
I also appeal the agency’s block withholding of email domains. As the Department of Justice admitted on ICE’s behalf in November for the U.S. Court of Appeals for the Ninth Circuit in Transgender Law Center v. ICE, there is not a single case anywhere in the country finding email domains enjoy any cognizable privacy interest.
Finally, I seek expedited processing of this appeal. The records produced indicate ICE FOIA violated federal law in multiple ways. First, ICE violated FOIA’s promptly available timing provisions. Second, ICE apparently mislead the administrative appeals body in the appeal of the Peter Edge FOIA by failing to notify that body that additional searches tasked to HSI were never conducted. Finally, ICE OAQ apparently violated the FOIA’s search requirements by placing a ‘hold’ on documents without ever following up with the requestor. I hereby certify the foregoing is true and correct pursuant to 28 USC 1746 and request expedited processing of the appeal pursuant to 6 C.F.R. 5.5(e).
Thank you for your prompt attention to this appeal.
Best regards,
Andrew Free
From: Immigration and Customs Enforcement
**Please Do Not Respond Directly -This email has been sent on behalf of ice-foia@dhs.gov**
We have received your Freedom of Information Act request for appealing the withholdings and the adequacy of the search for all records created in response to the FOIA requests designated by ICE-assigned tracking numbers listed below on the dates indicated; (please see request for details) and have assigned it tracking number 2022-ICAP-00463. Please refer to the attached Acknowledgement Letter for more information.
ICE FOIA.
From: Immigration and Customs Enforcement
Mr. Free,
ICE's final response to your FOIA request, 2022-ICAP-00463, for appealing the withholdings and the adequacy of the search for all records created in response to the FOIA requests designated by ICE-assigned tracking numbers listed below on the dates indicated; (please see request for details) 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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 15, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2022-ICAP-00463.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
This request is currently pending the search for responsive documents.
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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