ICE Patrol (Immigration and Customs Enforcement)

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

2018-ICFO-61107

Multi Request ICE Patrol
Due Aug. 7, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emma Best


To Whom It May Concern:

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

Memos, emails, letters, documents, damage assessments and other reports mentioning or relating to "ICE Patrol," the WikiLeaks publication of ICE employee's information. Please include in but do not limit the response to materials on the prior publication by "Sam Lavigne."

I am a member of the news media and request classification as such. I have previously written about the government and its activities. I have a reasonable expectation of publication and my editorial and writing skills are well established. I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and 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.

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

From: Immigration and Customs Enforcement

September 14, 2018 Emma Best MuckRock News DEPT MR 56577 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-61107
This e-mail is in regards to your June 22, 2018 ICE FOIA request for all records pertaining to "ICE Patrol," the WikiLeaks publication of ICE employee's information. Please include in but do not limit the response to materials on the prior publication by "Sam Lavigne".
In conducting a search for responsive records, the ICE FOIA office has determined that further clarification is needed regarding your request. Please provide a specific date range. Please provide the ICE FOIA office with a response as soon as possible to avoid any further delay in the processing of your request. If a response is not received within 30 days, your request will be administratively closed.
Sincerely,
ICE FOIA

From: Emma Best

June 2018 through the present.

Files

There are no files associated with this request.