#JusticeforJakelin Caal (United States Customs and Border Protection)

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2020-076879&type=request)

* Tracking Number: CBP-2020-076879
* Requester Name: Andrew Free
* Date Submitted: 09/01/2020
* Request Status: Submitted
* Description:
Please See attachment for description

Andrew Free
MuckRock News DEPT MR 101469
411A Highland Ave
Somerville, MA, 02144
09/02/2020
CBP-2020-076879
Dear Andrew Free:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 09/01/2020 requesting the following:
(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; (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.
Please use the following unique FOIA tracking number CBP-2020-076879 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)
Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request.  Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt.  Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c).  [As your request seeks documents that will require a thorough and wide-ranging search, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.] OR [As your request seeks a voluminous amount of separate and distinct records, CBP will invoke a 10-day extension for your request pursuant to  6 C.F.R. Part 5 § 5.5(c).  If you would like 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.] OR [As the subject matter of your request is of substantial interest to two or more components of CBP or of substantial interest to another agency, we will need to consult with those entities before we issue a final response.  Due to these unusual circumstances, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.]
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  We truly appreciate your continued patience.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)
Sincerely,
U.S. Customs and Border Protection

Your request for Expedited Processing for the FOIA request CBP-2020-076879 has been
denied.
Additional details for this request are as follows:

* Request Created on:
09/01/2020
* Request Description:
Please See attachment for description
* Expedited Processing Original Justification:
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
* Expedited Processing Disposition Reason:
Does not meet requirements per DHS Regulations.

Andrew Free

MuckRock News DEPT MR 101469
411A Highland Ave
Somerville, Massachusetts 02144

02/15/2024

CBP-2020-076879

DearAndrew Free,

This is a final response to your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP), requesting Requesting all records, including communications, related to the subpoena and the July 15, 2020 hearing regarding the death of Jakelin Caal Maquin while in CBP custody..

CBP is granting your request under the FOIA, Title 5 U.S.C. § 552. Upon initial review of your request, we have determined that the following documents can be found on the internet at the following link: https://www.cbp.gov/document/foia-record/death-custody
This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your SecureRelease account], mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. (If you need telecommunication relay service (TRS) assistance to communicate with the CBP FOIA Office and you are in the United States, please dial 711 to obtain TRS assistance and notify the Communications Assistant that you want to contact the CBP FOIA Office at the telephone number (202) 325-0150). The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via your SecureRelease account . If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptions-foia_0.pdf.

Additionally, you have a 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. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.

Please notate file number CBP-2020-076879 on any future correspondence to CBP related to this request.

Please note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.

Sincerely,

U.S. Customs and Border Protection

04/02/2024

Dear Andrew Free,

This message confirms receipt of the Freedom of Information Act (FOIA) appeal that you submitted to U.S. Customs and Border Protection on 2/16/2024 and received by the agency on 4/2/2024. We will process your appeal in the order it was received and as expeditiously as possible. Please reference Case File No. CBP-AP-2024-001265 in any future communications with the agency related to this appeal.

We strongly recommend that you submit future requests and appeals via our online FOIA submission portal, accessible at https://www.securerelease.us/. Creating an account will allow for real time tracking of your requests and appeals and easier access to any decisions or records issued by the agency.

Please note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.

Most Sincerely,
CBP FOIA Appeals