ICE subpoena system -- 1509 summonses

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

2018-ICFO-37289

Due June 19, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Shawn Musgrave

To Whom It May Concern:

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

A log of all 1509/customs summonses in the ICE Subpoena System (ISS) from January 2008 to the date this request is processed, or as far back as ISS records are maintained.

Per information in the Privacy Impact Assessment for ISS (available online here: https://www.dhs.gov/sites/default/files/publications/privacy_pia_27_ice_iss.pdf):
"ISS automates the process of generating, logging, and tracking subpoenas and summonses that ICE issues in furtherance of its investigations into violations of customs
and immigration laws. [....]
"ISS also stores the information used to complete the subpoenas, summonses, and Form I-9 notices in tables that allow for statistical reporting for an individual ICE office or on an enterprise-wide basis. [....]
"ISS also allows each ICE Special Agent in Charge to account for all subpoenas and summonses issued within their respective area of responsibility (i.e., HSI field office), as is required by ICE policy. [....] Thus, ISS replaces the separate logs formerly maintained by individual offices and tracks the information on an enterprise level. [....]
"ISS generates logs of subpoenas and/or summonses issued by a particular ICE office. Logs can be generated by telephone number, case number, range of subpoena numbers, and date. [....]
"ISS can produce a number of reports such as the subpoena log; telephone cross reference report; case number report; and outstanding subpoena report. The outstanding subpoena report captures the subpoenas/summonses that have been served where a response from the recipient remains outstanding."

Per the same PIA, the ISS should contain, at minimum, the following information about each summons:

(1) ICE Employee and Case Data, including name and badge number for the ICE employee who created the summons, the authorizing ICE official who signs the summons, and the ICE official who will receive the demanded records or information; the name and the ICE case number of the investigation for which the summons is being issued.
(2) Recipient Data, including the name, mailing address, telephone number, fax number, and/or email address of the person/entity to which the summons is directed
(3) Target Data, including name or corporate identifier.

As a professional reporter who has covered ICE and the customs summons, I assert that I am appropriately categorized as a media requester for the purpose of fees. 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,

Shawn Musgrave

From: Immigration and Customs Enforcement

May 22, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 54010 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-37289 Dear Mr. MUSGRAVE: This acknowledges receipt of your May 17, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for A log of all 1509/customs summonses in the ICE Subpoena System (ISS) from January 2008 to the date this request is processed, or as far back as ISS records are maintained (see request for specific details).  Your request was received in this office on May 17, 2018. 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 2018-ICFO-37289. 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 2017-ICFO-XXXXX or 2018-ICFO-XXXXX 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, 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. (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

September 04, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 54010 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-37289This e-mail is in regards to your May 17, 2018 ICE FOIA request for
A log of all 1509/customs summonses in the ICE Subpoena System (ISS) from January 2008 to the date this request is processed, or as far back as ISS records are maintained (see request for specific details).
In conducting a search for responsive records, the ICE FOIA office has determined that further clarification is needed regarding your request.
Currently over 1.6 million subpoenas/summons reside in thesystem. Due to the volume of records, we are only able to pull records in abatch report for a month at a time, otherwise it times out the system.Realistically, Tech Ops can only pull about 4 months of subpoena/summons dataper week. At this rate, it will take about 18 weeks to pull all the data on toa spreadsheet. Once the data has been pulled on to the spreadsheet,someone will have to individually look up each case to determine whether thecases are open or closed. All information pertaining to open cases will beredacted pursuant to exemption (b)(7)(A). It will take approximately 1 month tolook up the data on each of the spreadsheets that Tech Ops provides to HSI RDU.If Tech Ops provides 18 spreadsheets (1 per week for 18 weeks), it will takeHSI RDU approximately 18 months to look up each individual case and determinewhether it is open or closed. Would you be willing to narrow the scope of your request since it will take at least 18 months to process this request? 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: Shawn Musgrave

Hello -

Thank you for your response. I agree to narrow this request to a single 4-month batch of the requested data.

Best,
Shawn

From: Immigration and Customs Enforcement

September 24, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 54010 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-37289 Dear Mr. MUSGRAVE: This acknowledges receipt of your May 17, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for A log of all 1509/customs summonses in the ICE Subpoena System (ISS) from January 2008 to the date this request is processed, or as far back as ISS records are maintained (see request for specific details).  Your request was received in this office on May 17, 2018. 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 2018-ICFO-37289. 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 2017-ICFO-XXXXX or 2018-ICFO-XXXXX 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, 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. (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

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