Investigation/Audit Files/Reports re: Donald W. Wyatt Detention Facility

Beryl Lipton filed this request with the Department of Justice, United States Marshals of the United States of America.
Tracking # 2015-ICFO-90972
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

All investigatory and audit-related reports and files regarding any operations and services conducted at the Donald W. Wyatt Detention Facility.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The documents being requested are a vital component of an ongoing journalistic investigation of public-private corrections partnerships, a critical element in the current discussion of our criminal justice system. The materials will be made available to the general public free of charge as part of the public information service at MuckRock.com and will by analyzed and contextualized by a representative of the news media/press. This request is made in the process of news gathering and is not for commercial usage.

In the event that fees cannot be waived, 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,

Beryl C.D. Lipton

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 10, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: ICE-FOIA

Good afternoon,
In order for us to check the status of this request, we would require the ICE/FOIA assigned tracking number. It would start with 2015-ICFO-XXXXX. If you could provide us with this, we would be able to locate the request.

Sincerely,
ICE/FOIA

From: Beryl Lipton

Hi there,

ICE has not yet assigned a tracking number to this request. Provision of the appropriate reference number and an estimated date of completion would be greatly appreciated.

Thank you!
Beryl

From: ICE

August 10, 2015 BERYL LIPTON MUCKROCK DEPT MR 19596 PO BOX 55819 BOSTON, MA 02205 RE:     ICE FOIA Case Number 2015-ICFO-90972 Dear Ms. LIPTON: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated August 10, 2015, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on August 10, 2015. Specifically, you requested all investigatory and audit-related reports and files regarding any operationa and services conducted at the Donald W. Wyatt Detention Facility. 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. After thoroughly reviewing your letter and request for fee waiver, I have determined that you have not presented a convincing argument that MUCKROCK is entitled to a blanket waiver of applicable fees. The DHS FOIA Regulations at 6 CFR § 5.11(k)(2) set forth six factors to examine in determining whether the applicable legal standard for a fee waiver has been met.  We will consider these factors in our evaluation of your request for a fee waiver: (1) Whether the subject of the requested records concerns “the operations or activities of the government”; (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be "significant"; (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor. As a requester, you bear the burden under FOIA of showing that the fee waiver requirements have been met.  Based on my review of your August 10, 2015 letter and for the reasons stated herein, I have determined that your fee waiver request is deficient because your request did not satisfy factors 4, 5, and 6.  Since your request for a fee waiver has failed to satisfy each of the required factors, I am denying your fee waiver request. 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. You have the right to appeal the determination to deny your fee waiver request. Should you wish to do so, please send your appeal following the procedures outlined in the DHS regulations at 6 Code of Federal Regulations § 5.9 and a copy of this letter to: U.S. Immigration and Customs Enforcement Office of Principal Legal Advisor U.S. Department of Homeland Security Freedom of Information Act Office 500 12th Street, S.W., Stop 5009 Washington, D.C. 20536-5009 Your appeal must be received within 60 days of the date of this letter.  Your envelope and letter should be marked “FOIA Appeal.”  Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia . ICE has 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 2015-ICFO-90972. 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 2014-ICFO-XXXXX or 2015-ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009. (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: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 10, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-ICFO-90972.

Thanks for your help, and let me know if further clarification is needed.

From: ICE

September 9, 2015
Immigration and Customs Enforcement
Immigration and Customs Enforcement
Freedom of Information Act/Privacy Office
800 North Capitol Street, NW, Room 585
Washington, DC 20536-5009

This is a follow up to request number 2015-ICFO-90972:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 10, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2015-ICFO-90972.

Thanks for your help, and let me know if further clarification is needed.
---

From: ICE-FOIA

Good afternoon,

Your request is in the queue for an analyst review.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Our office sent “Baryl Lipton” a final response letter, via e-mail, on 16 September 2015.

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: 1-866-633-1182v
Visit our FOIA website at www.ice.gov/foia<http://www.ice.gov/foia>

From: Beryl Lipton

To Whom It May Concern:

According to our records, a response was sent from your office regarding 2015-ICFO-90972 on September 9, 2015 stating, "Your request is in the queue for an analyst review." On October 9, 2015, another response was received stating: "Our office sent “Baryl Lipton” a final response letter, via e-mail, on 16 September 2015."

The response letter for this request 2015-ICFO-90972, however, was not received. Please resend the aforementioned communication to the appropriate email address associated with this request: requests@muckrock.com.

Your anticipated cooperation is appreciated.

Thank you.

From: ICE-FOIA

Good afternoon,

We apologize for any confusion that resulted from our last correspondence, that stated we sent a final response to Beryl Lipton on 16 Sept 2015. That was incorrect.
Please be advised that your case is currently assigned to our analysis team for the final stage(s) of processing and delivery. This is the most up-to-date information we can provide at this time.

Overall, be advised that due to the increasing number of FOIA requests received by this office, we could encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request. For your information, 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 at the earliest possible date. We apologize for the delay you are experiencing and appreciate your continued patience. Your request has been assigned reference number 2015-ICFO-90972. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit http://www.dhs.gov/foia-status. Please note that to check the status of a request, you must enter the 2015-ICFO-XXXXX tracking number.

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: 1-866-633-1182v
Visit our FOIA website at www.ice.gov/foia<http://www.ice.gov/foia>

From: Beryl Lipton

Hello!

Thank you very much for your message. The update and your continued efforts are appreciated.

Best,
Beryl

From: ICE-FOIA

Good afternoon,

Your request is currently assigned to an analyst for review.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Good afternoon,

This request is under an analyst review.

Sincerely,
ICE/FOIA

From: ICE-FOIA

Good morning, Mr. Lipton:

Your FOIA/PA request in still in-progress, and in the final stage(s) of processing and response.

Please know that we are processing your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We apologize for the delay you are experiencing and appreciate your continued patience. Your request has been assigned reference number 2015-ICFO-90972. Please refer to this identifier in any future correspondence.

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: 1-866-633-1182v
Visit our FOIA website at www.ice.gov/foia<http://www.ice.gov/foia>

From: ICE-FOIA

Good morning,

Your request in still in-progress, and in the final stage(s) of processing and response.

Sincerely,
ICE/FOIA

From: ICE

From: OIP.IR Staff

Dear Ms. Lipton:

Please see the attached.

Initial Request Staff
Office of Information Policy
U.S. Department of Justice
202-514-FOIA

From: Beryl Lipton

Hi there,

I received your file in response to what was labeled with tracking number 2015-ICFO-90972. Unfortunately, it was directed to another request of mine. This particular request was for the following:

"All investigatory and audit-related reports and files regarding any operations and services conducted at the Donald W. Wyatt Detention Facility."

I received your initial acknowledgement of this request on August 10, 2015. In part, it read:

"August 10, 2015

BERYL LIPTON
MUCKROCK
DEPT MR 19596
PO BOX 55819
BOSTON, MA 02205

RE: ICE FOIA Case Number 2015-ICFO-90972

Dear Ms. LIPTON:

This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated August 10, 2015, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on August 10, 2015. Specifically, you requested all investigatory and audit-related reports and files regarding any operationa and services conducted at the Donald W. Wyatt Detention Facility. "

(The full communication can be found copied in the associated thread.)

To avoid confusion, I would very much appreciate future communications being sent to requests@muckrock.com for this particular request, 2015-ICFO-90972, pertaining to the aforementioned investigatory and audit-related reports referencing operations, etc. at Donald W. Wyatt Detention Facility. If a discrepancy exists between the tracking number and the content of the request, indication and explanation of the inconsistency would be greatly appreciated.

The file received contained materials related to another request, 2015-ICFO-84728, which involves South Texas Family Residential Center. Could your office please clarify the current status of 2015-ICFO-90972?

I hope you'll excuse this rather dry presentation. Such blunt reviews seem the best way to get us across our divide.

Best wishes,
Beryl

From: Castaneda, Cynthia (USMS)

Please see the attached.

Cynthia Castaneda
Government Information Specialist
United States Marshals Service
Office of General Counsel
Bldg. CS-4, 10th Floor
Washington, D.C. 20530-1000
Direct: (202) 307-9018
Main: (202) 307-9054
Fax: (703) 603-7004
Cynthia.Castaneda@usdoj.gov<mailto:Cynthia.Castaneda@usdoj.gov>

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