McHenry COVID-19 Emails
| Tracking # |
HQ-REF-21-00013 2020-25057, A-2020-01407 2020-25057 |
| Submitted | March 12, 2020 |
| Est. Completion | April 2, 2021 |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1. All emails to or from the email address james.mchenry@usdoj.gov containing the terms "corona" "coronavirus" "covid" or "covid19" sent or received between March 1, 2020 and the present.
2. All emails to or from Acting Chief Immigration Judge Christopher Santoro containing the terms "corona" "coronavirus" "covid" or "covid19" sent or received between March 1, 2020 and the present.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes. This request is made on behalf of my client, a media requestor, who is primarily engaged in the dissemination of information to the public. Because of the requestor's identity and the urgent threat to health and safety of individuals in immigration proceedings from COVID-19, as well as the urgent need to inform the public about alleged government misfeasance, I hereby request expedited processing and a fee waiver. I certify under penalty of perjury pursuant to 28 USC 1746 that the foregoing statements are true and correct.
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 10 days.
Sincerely,
Andrew Free
From: Department of Justice, Executive Office for Immigration Review
An acknowledgement letter, stating the request is being processed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 12, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2020-25057.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Free:
Thank you for your inquiry. As you are aware, this request was closed on April 24, 2020.
Sincerely,
Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275
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From: Andrew Free
I hereby appeal the agency's April 24, 2020, decision to close this request.
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2020-01407 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 12, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2020-25057, A-2020-01407.
Thanks for your help, and let me know if further clarification is needed.
From: Andrew Free
Ms. O'Hara:
You have failed to timely respond following the appellate remand of your decision. Please respond within the legally required timeframe.
Thanks,
Andrew
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 12, 2020. Please let me know when I can expect to receive a response. You had assigned it reference number #2020-25057, A-2020-01407.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 12/02/2020 and received 12/02/2020. Your request has been assigned control number 2021-07534. The FOIA requires an agency to respond within 20 working days after receipt of the request, and EOIR endeavors to meet this standard. The FOIA permits a ten-day extension of this time period, pursuant to 5 U.S.C. § 552(a)(6)(B), based on unusual circumstances. Your request involves “unusual circumstances,” and EOIR is extending the time period to respond by an additional 10 working days because your request requires the collection of records from field offices, or involves a search, collection, and review of voluminous records, or requires consultation with another agency or two or more agency components. EOIR FOIA requests are placed in one of three tracks. Track one is for those requests that seek and receive expedited processing pursuant to subsection (a)(6)(E) of the FOIA. Track two is for simple requests that do not involve voluminous records or lengthy consultations with other entities. Track three is for complex requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests that may involve sensitive records. Your request has been placed in track three for complex requests. If you have filed an application for a fee waiver, EOIR will address your request in a separate letter. Additionally, if you have requested expedited processing, EOIR will contact you in a separate letter. If you have any questions regarding unusual circumstances, you may contact the EOIR FOIA Service Center or FOIA Public Liaison at (703) 605-1297 to discuss reformulation or an alternative time frame to process your request, or for any further assistance regarding any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake
From: Department of Justice, Executive Office for Immigration Review
A first set of responsive documents from the agency, with more to be sent at a specified date.
From: Department of Justice, Executive Office for Immigration Review
January 4, 2021 Mr. Andrew Free MuckRock News
411A Highland Ave
Dept Mr 90648
Somerville, MA 02144-2516 Re: Request for EOIR records about the coronavirus--EOIR referral Assigned JMD FOIA TRACKING NUMBER: 124786 Dear Mr. Free: This is to acknowledge that while processing your Freedom o f Information Act request dated 3/12/2020 concerning the subject referenced above, the Executive Office for Immigration Review referred matters that are of primary interest to the Justice Management Division (JMD) for processing and direct response to you. The referral was received by JMD FOIA on 12/31/2020 and assigned the JMD tracking number identified above. For your records, the Executive Office for Immigration Review identifying tracking number was FOIA-2021-07534 . The Justice Management Division assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month whereas complex requests necessarily take longer. At this time, your request has been assigned to the Complex track. Please note that as a general matter, records in the Department are decentralized and our response will only cover information originating with or relating to JMD. If you are seeking information originating with or relating to other components of the Department, please make a FOIA request directly to those components. If you have a question about the status of your FOIA request, you may contact this office by sending an email to JMDfoia@usdoj.gov or by calling 202-514-3101 during regular business hours (Monday through Friday, 9 a.m. to 5 p.m., Eastern Time, excluding federal holidays.) Please refer to the JMD FOIA TRACKING NUMBER whenever you contact the Department regarding this request. Sincerely, Karen E. McFadden FOIA Contact Justice Management Division
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From: Department of Justice, Executive Office for Immigration Review
January 13, 2021
Request Number: HQ-REF-21-00013
Dear Mr. Free: This is regarding your Freedom of Information Act (FOIA) request of January 5, 2021, for request to review attached records and respond directly to requester.
Please see the attached letter.
Sincerely,
CDC/ATSDR FOIA Office
770-488-6399
From: Andrew Free
I hereby appeal the agency's inadequate search and all withholdings in the production. I further appeal the referral to other components and agencies, as EOIR failed to do it at the outset, thus delaying the agencies' review and production.
From: Department of Justice, Executive Office for Immigration Review
February 25, 2021
Request Number: HQ-REF-21-00013
Dear Mr. Free: This is regarding your Freedom of Information Act (FOIA) request of January 5, 2021, for request to review attached records and respond directly to requester.
Please see the attached letter.
Sincerely,
CDC/ATSDR FOIA Office
770-488-6399
From: Department of Justice, Executive Office for Immigration Review
Mr. Free:
Please see the attached response to JMD FOIA request #124786. Thank you.
Sincerely,
Karen McFadden
JMD FOIA Contact
From: Department of Justice, Executive Office for Immigration Review
Andrew Free -
The attached is JMD's final response to your FOIA request.
Sincerely,
Daniel Wagner
JMD FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 12/01/2022 and received 12/23/2022. Your request has been assigned control number 2023-14257. The FOIA requires an agency to respond within 20 working days after receipt of the request, and EOIR endeavors to meet this standard. The FOIA permits a ten-day extension of this time period, pursuant to 5 U.S.C. § 552(a)(6)(B), based on unusual circumstances. Your request involves “unusual circumstances,” and EOIR is extending the time period to respond by an additional 10 working days because your request requires the collection of records from field offices, or involves a search, collection, and review of voluminous records, or requires consultation with another agency or two or more agency components. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be significant delay in the processing of your request. EOIR FOIA requests are placed in one of three tracks. Track one is for those requests that seek and receive expedited processing pursuant to subsection (a)(6)(E) of the FOIA. Track two is for simple requests that do not involve voluminous records or lengthy consultations with other entities. Track three is for complex requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests that may involve sensitive records. Your request has been placed in track three for complex requests. If you have filed an application for a fee waiver, EOIR will address your request in a separate letter. Additionally, if you have requested expedited processing, EOIR will contact you in a separate letter. If you have any questions regarding unusual circumstances, you may contact the EOIR FOIA Service Center or FOIA Public Liaison at (703) 605-1297 to discuss reformulation or an alternative time frame to process your request, or for any further assistance regarding any aspect of your request. Alternatively, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake
From: Department of Justice, Executive Office for Immigration Review
August 9, 2023 Mr. Andrew Free MuckRock News
411A Highland Ave
Dept Mr 90648
Somerville, MA 02144-2516 Re: Agency records regarding the appointment to the Board of Immigration Appeals of William A. Cassidy, Stuart V. Couch, Earle B. Wilson, and Keith E. Hunsucker Assigned JMD FOIA TRACKING NUMBER: 131630 Dear Mr. Andrew Free: This is to acknowledge that while processing your Freedom of Information Act request dated 9/16/2019 concerning the subject above, the Executive Office for Immigration Review referred matters that are of primary interest to the Justice Management Division (JMD) for processing and direct response to you. The referral was received by JMD FOIA on 8/7/2023 and assigned the JMD tracking number identified above. For your records, the Executive Office for Immigration Review identifying tracking number was 2023-15398. The Justice Management Division assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month whereas complex requests necessarily take longer. At this time, your request has been assigned to the Complex track. Please note that as a general matter, records in the Department are decentralized and our response will only cover information originating with or relating to JMD. If you are seeking information originating with or relating to other components of the Department of Justice, please make a FOIA request directly to those components. If you have a question about the status of your FOIA request, you may contact this office by sending an email to JMDfoia@usdoj.gov or by calling 202-616-0253 during regular business hours (Monday through Friday, 9AM to 5PM EST, excluding federal holidays.) Please refer to JMD FOIA TRACKING NUMBER 131630 whenever you contact the Department regarding this request. Sincerely, Daniel Wagner FOIA Contact Justice Management Division
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From: Andrew Free
Thank you very much for this notification. Can you please provide an estimated date of record production?
From: Department of Justice, Executive Office for Immigration Review
Mr. Andrew Free,
With regard to JMD FOIA TRACKING NUMBER: 131630, the Executive Office for Immigration Review (EOIR) referred matters that are of primary interest to the Justice Management Division (JMD) for processing and direct response to you. The referral was received by JMD FOIA on 8/7/2023. Please be aware that each request is handled on a “first in - first out” basis in relation to other requests in that same track. The request has been sent to the appropriate JMD staff office for review and response.
With regard to request number HQ-REF-21-00013, you may be aware that the FOIA operation of the federal government is decentralized and each federal agency maintains and processes FOIA requests for its own records. Accordingly, you will need to direct your status request to the Centers for Disease Control and Prevention FOIA office. The CDC/ATSDR FOIA Office contact information can be found on their website, https://www.cdc.gov/od/foia/contact-us/index.htm.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
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From: Department of Justice, Executive Office for Immigration Review
Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request.
Please do not reply to this e-mail, as this account is not monitored.
Thank you,
-----------------------------------------
Initial Request Staff
Office of Information Policy
U.S. Department of Justice
202-514-3642 (Main Line)
202-514-1009 (Fax)
From: Andrew Free
We appeal the redactions under Exemption 5. These are OPA emails that are deciding what to say to the public (namely, CNN reporter Priscilla Alvarez). Accordingly these are not deliberative process records because they are not predecisional to any specific policy. See Stevens v. DHS (ND Ill.): https://www.justice.gov/oip/stevens-v-dhs-no-14-3305-2020-wl-1701882-nd-ill-apr-8-2020-leinenweber-j
Exemption 5, Deliberative Process Privilege: The court holds that "three communications are protected by the deliberative process privilege." First, regarding "'(1) agency responses to media or congressional inquiries; (2) an editorial that agency employees prepared in response to a New York Times article,'" the court finds that "ICE's internal communications about its responses to outside inquiries from the press, Congress, advocacy groups, and the public are not protected by the deliberative process privilege." The court explains that "messaging communications are protected if they 'reflect[ ] the give-and-take of the consultative process' and were 'prepared to facilitate and inform a final decision or deliberative function entrusted to the agency.'" "From the Vaughn index descriptions and a review of the reprocessed supplemental production, ICE merely deliberates over which agency subpart should handle an inquiry and/or how to spin its prior decisions about the detainee volunteer work program and general operation of ICE detention centers." "Those communications do not qualify as facilitating/informing a final agency decision or performing a deliberative function specifically assigned to ICE." Second, regarding discussions concerning "'a hunger strike and administrative segregation at an ICE detention facility in Tacoma, Washington,'" the court finds that "'messaging communications' portions of these two documents signal circumstances where ICE again rationalizes a finalized policy." The court explains that these documents "merely reflect[] 'deliberations about what "message" should be delivered to the public about an already-decided policy decision' – what ICE should tell the ACLU about its administrative segregation policy as applied to detainees as the Tacoma Detention Center." "Disclosure would not reveal the deliberative process behind a not-yet-finalized policy decision." However, regarding "(1) a draft summary report regarding ICE's tracking process for detainees on hunger strike . . . ; (2) a draft to-do list created in response to concerns voiced 'by external stakeholders during a round table pertaining to an ICE detention facility' . . . and 3) an email discussion about ways to maintain detainee safety within a detention facility during an ongoing hunger strike," the court finds that these are all "predecisional and deliberative
Moreover, the release of this information presents no foreseeable harm. Please unredact materials withheld under Exemption 5.
From: Department of Justice, Executive Office for Immigration Review
Dear MuckRock:
This responds to your correspondence dated September 20, 2023, referencing HQ-REF-21-00013 (see attached correspondence).
Accordingly, it's unclear what office you are seeking information from within the Department of Justice. Until our Office receives additional information, we cannot provide you any further assistance.
Sincerely,
PJ/OIP
Please do not reply to this e-mail, as this account is not monitored. Thank you.
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