#JusticeforJakelin Caal (Department of Homeland Security)

Andrew Free filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2022-HQAP-00302

2020-HQFO-01751

Multi Request #JusticeforJakelin Caal
Est. Completion None
Status
Fix Required

Communications

From: Andrew Free


To Whom It May Concern:

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

On behalf of my pro bono clients, Aldea People's Justice Center and Nery Caal, please accept this request under the Freedom of Information Act for:

(1) all documents that were reviewed by and/or produced from your agency (or any sub
agency or agency office or component) to the U.S. House of Representatives Committee on Homeland Security
(Committee) in response to the subpoena sent to your office and which can be found
here: https://homeland.house.gov/imo/media/doc/1120subpoena.pdf;
(2) all communications made about both the subpoena sent to your office by the Committee
and the hearing that took place on July 15, 2020 by the Committee, as well as any communications regarding the coverage of that hearing in the media.
(3) all other agency records regarding Jakelin's apprehension and death, and your agency's response to it.

We are aware these documents exist because the Committee held a live hearing regarding
conclusions reached from these documents.

This request seeks records that may be in the
possession, but not limited to, your agency's Legislative Affairs or Congressional Liaison.

Please note that Aldea People's Justice Center represents Nery Caal, the father of Jakelin Caal Maquin. I have attached my G-
28 to this Request.

I request that any records produced in response to this request be provided in electronic form
wherever possible.

Aldea requests that this FOIA be expedited pursuant to 5 U.S.C. § 552(a)(6)(E) and 6 C.F.R. §
5.5(e)(1)(iv) because this FOIA request involves necessary information regarding several
incidents of deaths in CBP custody which have garnered exceptional media interest and about
which there are serious questions about the government’s integrity which affect public
confidence.

Below are several links to articles to support the need for expedited processing:
https://www.latimes.com/opinion/op-ed/la-oe-cantu-border-patrol-cruelty-20181218-story.html
https://www.wbur.org/cognoscenti/2018/12/21/jakelin-caal-maquin-border-death-c-nicholas-
cuneo
https://castro.house.gov/media-center/press-releases/members-congress-systemic-failures-
contributed-jakelin-caal-s-death
https://www.nytimes.com/2019/03/29/us/migrant-girl-death.html
https://www.washingtonpost.com/immigration/guatemalan-girl-taken-into-custody-after-
crossing-the-us-border-died-from-bacterial-infection-according-to-autopsy/2019/03/29/f7670cea-
5258-11e9-88a1-ed346f0ec94f_story.html
https://www.oig.dhs.gov/news/press-releases/2019/12202019/dhs-oig-completes-investigation-
death-seven-year-old-guatemalan-child
https://homeland.house.gov/news/press-releases/thompson-issues-subpoena-to-dhs-for-
documents-on-the-deaths-of-children-separation-of-families-and-metering-at-the-border
https://homeland.house.gov/news/correspondence/chairman-thompson-demands-subpoenaed-
dhs-documents-as-the-department-continues-to-stonewall-investigation-into-deaths-of-children-
in-cbp-custody-
https://homeland.house.gov/activities/hearings/children-in-cbp-custody-examining-deaths-
medical-care-procedures-and-improper-spending

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,

Andrew Free

From: Department of Homeland Security

Good morning,
Attached is our acknowledgment of your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Andrew Free

I hereby appeal the constructive denial of this request. Yesterday, Secretary Mayorkas told House committee members, “One of the hallmarks of our Department is openness and transparency”. https://www.c-span.org/video/?519647-1/lawmakers-press-homeland-security-secretary-immigration-border-security-enforcement

If that’s true, DHS sure has a funny way of showing it.

Please sustain this appeal, order the agency to produce these records by a date certain, or provide an explanation why you cannot.

From: Department of Homeland Security

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA Appeal request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Department of Homeland Security

Mr. Free:

Please find attached the FOIA Appeal Decision issued by Judge Devine's office for the above matter.

Thank you,

Lauren M. Meus
Hearing Docket Clerk
U.S. Coast Guard

From: Department of Homeland Security

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA request.  If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Andrew Free

Thank you. Please provided an estimated date of production for this request.

Andrew Free

From: Department of Homeland Security

Mr. Free:

Please find attached the FINAL FOIA Letter issued by Judge Devine's office for the above matter.

Thank you,

Lauren M. Meus
Hearing Docket Clerk
U.S. Coast Guard

From: Department of Homeland Security

Good afternoon Andrea,

Back in 2020, we received the attached FOIA request asking for records from OLA and about a child who died in custody (item 3 of your request).

Please confirm continued interest in this information as we are in a backlog situation.

If so, we would need to refer item 3 of your request to CBP for review and direct response to you.

Thanks in advance.

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018R
Fax: (202) 343-4011
Visit our FOIA website

  • 2020-HQFO-01751 [ACTION] FW_ Freedom of Information Act Request_ _JusticeforJakelin Caal (Department of Homeland Security)

From: Andrew Free

We confirm.

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