ICE Records on North Carolina Ballot Subpoenas

To Whom It May Concern:

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

The results of subpoenas issued in 2018 by ICE to North Carolina elections agencies, seeking documents spanning an eight-year period, as described in this article: https://www.newsobserver.com/opinion/article218002395.html

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,

Matthew Hoppock

The agency did not conduct a complete search. The adjudication letter states that the agency only searched within the sub-agencies of HSI and OPLA, but neither of those appear to be the subagencies that issued the subpoenas in question. In 2018 ICE issued subpoenas to North Carolina elections agencies (as described here: https://www.newsobserver.com/opinion/article218002395.html). Either ICE received responsive documents or it received rejection notices saying the agencies would not comply. Either type of documents would have been responsive to this request. However, by only searching two unrelated subagencies it appears ICE has failed to conduct a complete search.

I am writing to follow up on this FOIA request, 2019-ICFO-27204, which was remanded back in April, 2019. Has there been any update since then?

Thank you.

Matthew Hoppock

I am writing to follow up on this FOIA request, 2019-ICFO-27204, which was remanded back in April, 2019. Has there been any update since then?

Thank you.

Matthew Hoppock

I am writing to follow up on this FOIA request, 2019-ICFO-27204, which was remanded back in April, 2019. Has there been any update since then?

Thank you.

Matthew Hoppock

That is incorrect. We filed an appeal, and our appeal was granted in April, 2019. It said that ICE hadn't conducted an adequate search. I am attaching a copy of the remand order to this email. The text of the same was as follows:

April 1, 2019
Matthew Hoppock
MuckRock News - DEPT MR 67128
411A Highland Avenue
Somerville, MA 02144-2516
RE: 2019-ICAP-00250, 2019-ICFO-27204
Dear Mr. Hoppock:
This is in response to your letter dated February 20, 2019, which was received by this office on March 4,
2019, appealing the U.S. Immigration and Customs Enforcement (ICE) FOIA Office’s response to your
January 7, 2019, FOIA request. Your January 7, 2019, FOIA request sought the results of subpoenas
described in the following article: https://www.newsobserver.com/opinion/article218002395.html.
Upon a complete review of the administrative record and the search documentation which led to the
determination on your FOIA request, ICE has determined that a new search, or modification to the
existing search, could be made. ICE is therefore remanding your appeal back to the ICE FOIA Office
for processing and re-tasking to the appropriate agency/office(s) to search for responsive documents,
should they exist.
Should you have any questions regarding this appeal remand, please contact ICE FOIA at icefoia@dhs.gov. In the subject line of the e-mail, please include the word “appeal,” your appeal number,
which is 2019-ICAP-00250, and the FOIA case number, which is 2019-ICFO-27204.

The attachment isn't password protected, but it is backdated by over 3 years. In May 2022 you wrote to say that you had denied the original request and did not seem to be aware of our having won the appeal. I responded in May 2022 by sending you the April 2019 appeal adjudication letter. So today I received your email with the attachment saying that following the appeal remand, you denied the request again. But your new denial letter is dated May 2019. So either you have backdated it unlawfully or you issued this in May 2019 and never sent it to me. Either way, those actions affect my ability to file an administrative appeal. Please reissue the adjudication letter with the correct date so that I may file a timely appeal.

Thank you.

Matthew Hoppock