Investigations of Sexual Abuse in Texas Immigration Detention Facilities

Nathanael King filed this request with the Immigration and Customs Enforcement of the United States of America.
Due June 23, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Nathanael King

To Whom It May Concern:

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

All records since Jan. 1, 2013 of administrative and criminal investigations into sexual abuse in U.S. Immigration and Customs Enforcement overseen immigration detention facilities in Texas, including, but not limited to:

El Paso Processing Center
Houston Contract Detention Facility
Joe Corley Detention Facility
Johnson County Detention Center
Karnes County Residential Center
Laredo Detention Center
IAH Secure Adult Detention Facility
Port Isabel Service Processing Center
Rolling Plains Correctional Facility
South Texas Detention Complex
T. Don Hutto Residential Center
West Texas Detention Facility
South Texas Family Residential Center
Burnet County Jail
Brooks County Detention Center
East Hidalgo Detention Center
Central Texas Detention Facility
Jack Harwell Detention Center
Val Verde County Detention Center
Willacy County Regional Detention Facility
Karnes County Correctional Center
Rio Grande Detention Center
La Salle County Regional Detention Center
Prairieland Detention Center

Title 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."

Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible."

The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not being made 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,

Nathanael King

From: Immigration and Customs Enforcement

June 26, 2018 Nathanael King Filed via MuckRock.com DEPT MR 38021 411A Highland Ave Somerville, MA 02144-2516 requests@muckrock.com (mailto:requests@muckrock.com) RE:     ICE FOIA Case Number 2018-ICFO-45499 Dear Mr. King: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated June 11, 2018, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on June 11, 2018. Specifically, you requested All records since Jan. 1, 2013 of administrative and criminal investigations into sexual abuse in U.S. Immigration and Customs Enforcement overseen immigration detention facilities in Texas, including, but not limited to:El Paso Processing CenterHouston Contract Detention FacilityJoe Corley Detention FacilityJohnson County Detention CenterKarnes County Residential CenterLaredo Detention CenterIAH Secure Adult Detention FacilityPort Isabel Service Processing CenterRolling Plains Correctional FacilitySouth Texas Detention ComplexT. Don Hutto Residential CenterWest Texas Detention FacilitySouth Texas Family Residential CenterBurnet County JailBrooks County Detention CenterEast Hidalgo Detention CenterCentral Texas Detention FacilityJack Harwell Detention CenterVal Verde County Detention CenterWillacy County Regional Detention FacilityKarnes County Correctional CenterRio Grande Detention CenterLa Salle County Regional Detention CenterPrairieland Detention CenterTitle 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible.". 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. ICE evaluates fee waiver requests under the legal standard set forth above and the fee waiver policy guidance issued by the Department of Justice on April 2, 1987, as incorporated into the Department of Homeland Security’s Freedom of Information Act regulations [1] .  These regulations set forth six factors to examine in determining whether the applicable legal standard for fee waiver has been met.  I have considered the following factors in my 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. Upon review of your request and a careful consideration of the factors listed above, I have determined to grant your request for a fee waiver. 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 2018-ICFO-45499. 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 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
[1] 6 CFR § 5.11(k).

From: Immigration and Customs Enforcement

June 27, 2018 Nathanael King Filed via MuckRock.com DEPT MR 38021 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-45499
This e-mail is in regards to your June 11, 2018 ICE FOIA request for All records since Jan. 1, 2013 of administrative and criminal investigations into sexual abuse in U.S. Immigration and Customs Enforcement overseen immigration detention facilities in Texas, including, but not limited to:El Paso Processing CenterHouston Contract Detention FacilityJoe Corley Detention FacilityJohnson County Detention CenterKarnes County Residential CenterLaredo Detention CenterIAH Secure Adult Detention FacilityPort Isabel Service Processing CenterRolling Plains Correctional FacilitySouth Texas Detention ComplexT. Don Hutto Residential CenterWest Texas Detention FacilitySouth Texas Family Residential CenterBurnet County JailBrooks County Detention CenterEast Hidalgo Detention CenterCentral Texas Detention FacilityJack Harwell Detention CenterVal Verde County Detention CenterWillacy County Regional Detention FacilityKarnes County Correctional CenterRio Grande Detention CenterLa Salle County Regional Detention CenterPrairieland Detention CenterTitle 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible.".
In conducting a search for responsive records, the ICE FOIA office has determined that further clarification is needed regarding your request.  Would
an excel spread sheetcontaining information like case summary and investigative finding, etc be sufficient for your request.  This will allow us to respond much faster to your request.  If your request stands as is, It will take many months of searching, then the information has to be reviewed by the FOIA Office. 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: Nathanael King

Hi,
Thank you for your response regarding request 2018-ICFO-45499. An excel spreadsheet as described in your previous email would be sufficient. If possible, please return records including cases up to the present day and including facilities that may have been created since my original request.

Best,
Nathanael King

From: Immigration and Customs Enforcement

August 09, 2018 Nathanael King Filed via MuckRock.com DEPT MR 38021 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-45499 Dear Mr. King: This responds to your July 30, 2018 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated June 11, 2018 , and received in this office on June 11, 2018 .  Your request sought All records since Jan. 1, 2013 of administrative and criminal investigations into sexual abuse in U.S. Immigration and Customs Enforcement overseen immigration detention facilities in Texas, including, but not limited to:El Paso Processing CenterHouston Contract Detention FacilityJoe Corley Detention FacilityJohnson County Detention CenterKarnes County Residential CenterLaredo Detention CenterIAH Secure Adult Detention FacilityPort Isabel Service Processing CenterRolling Plains Correctional FacilitySouth Texas Detention ComplexT. Don Hutto Residential CenterWest Texas Detention FacilitySouth Texas Family Residential CenterBurnet County JailBrooks County Detention CenterEast Hidalgo Detention CenterCentral Texas Detention FacilityJack Harwell Detention CenterVal Verde County Detention CenterWillacy County Regional Detention FacilityKarnes County Correctional CenterRio Grande Detention CenterLa Salle County Regional Detention CenterPrairieland Detention CenterTitle 115.71 (f) of the federal Prison Rape Elimination Act (PREA) requires that all administrative investigations "shall be documented in written reports that include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings."Title 115.71 (g) of the PREA requires that all criminal investigations "shall be documented in a written report that contains a thorough description of physical, testimonial, and documentary evidence and attaches copies of all documentary evidence where feasible." ue to the increasing number of FOIA requests received by this office, we have encountered some delay in processing your request.  Requests are processed in chronological order based on the date we received a perfected request. For your information, document(s) responsive to your request have been located and forwarded to this office for review.  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 sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Your request has been assigned reference number 2018-ICFO-45499. 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-XXXX or (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2018 -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
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
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Immigration and Customs Enforcement

Dear Mr. King,

The corresponding office that holds records regarding your request has completed their search. Your request is currently awaiting review from one of our document analyst. Due to the tremendous volume of request we are experiencing it may take additional time to review your case. You may continue monitoring your request online for any updates by searching your case number: 2018-ICFO-45499

Apologies for any inconveniences this may cause.

Sincerely,
ICE/FOIA

From: Immigration and Customs Enforcement

Good evening,

In regards to 2018-ICFO-45499 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 sincerely apologize for the delay you are experiencing and appreciate your continued patience.

Sincerely,
ICE FOIA

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