June 2018 DHS OIG Report re ICE's Failure to Effectively Enforce Compliance w/ Detention Standards & Policy (Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO))

Michael Edelman filed this request with the Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) of the United States of America.
Multi Request June 2018 DHS OIG Report re ICE's Failure to Effectively Enforce Compliance w/ Detention Standards & Policy
Due Oct. 1, 2018
Est. Completion None
Awaiting Response


From: Michael Edelman

To Whom It May Concern:

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

Please see the attached correspondence for a full description of the records requested. Briefly, the Catholic Legal Immigration Network, Inc. (“CLINIC”) submits this Freedom of Information Act (“FOIA”) request (the “Request”) for specific records and information identified or discussed in the June 26, 2018, Department of Homeland Security (“DHS”), Office of Inspector General (“OIG”) Report, OIG-18-76, entitled: “ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements” (the “Report”).

CLINIC seeks certain records that are identified in the Report and or implicated by its public release. As noted in the Report, at the end of fiscal year 2017, ICE held nearly 38,000 detainees in custody, with nearly 35,000 detainees in facilities that undergo the ICE inspections discussed in the Report.

As the recent flurry of immigration-detention-related events and widespread media coverage thereof demonstrate, there is an intense public interest in ensuring that the rights and dignity of immigrants are and remain protected in detention and elsewhere. Indeed, as has been widely reported, the Trump Administration’s public approval rating with respect to immigration policy “hit an all-time low” in June 2018—sitting at just 35 percent; a five-point drop from where it stood just one month prior—after the administration instituted its “zero-tolerance” policy by which families were and continue to be forcefully separated, with the children being detained in cramped detention facilities that have, at least once, been described as “cages.”

Release of the requested records is critical to ensure meaningful public access to and debate about how the Government apprehends and detains individuals when purportedly necessary. These records *will* contribute to the American public’s understanding of governmental policy and inform current and future public discussion about the legality and wisdom of the current administration’s ‘approach’ to immigration, as well as the resulting harm to individuals’ human right, our nation’s values, and our national security.

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.


Michael Edelman

  • Exhibit20A20--20OIG-18-67-Jun1828f88be922d08878dd2ccebdc5436bea53c2bac1aad47c1164aee11d76194a.pdf

  • 201808312C20FOIA20request20re20OIG20Detention20Report.pdf

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

November 21, 2018 Michael Edelman Muckrock News , RE:     ICE FOIA Case Number 2019-ICFO-21995 Dear Mr. Edelman: This acknowledges receipt of your November 12, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for Catholic Legal Immigration Network Inc requests specific records and information identified or discussed in June 26, 2018, Department of Homeland Security Office of Inspector General Report OIG-18-76 (PLEASE SEE REQUEST FOR DETAILS).  Your request was received in this office on November 12, 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 2019-ICFO-21995. 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 2019-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
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

From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

Good morning,

In regards to 2019-ICFO-21995, 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.


From: Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)

Good morning,

In regards to your request 2019-ICFO-21995, it is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents received. Thank you for your continued patience.