OIG 23-12 Working Papers & Comms

To Whom It May Concern:

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

1. All Working Papers for the DHS-OIG Report designated OIG-23-12, available at: https://www.oig.dhs.gov/sites/default/files/assets/2023-02/OIG-23-12-Feb23.pdf.
2. All communications (including emails, text messages, voice notes, and Teams messages) sent or received by Inspector General Cuffari or his chief of staff regarding this report.

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

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

Good afternoon,

Are you claiming exceptional circumstances that prevent DHS-OIG from complying with FOIA’s timeliness provisions? If so, please articulate them clearly, and support those contentions with facts?

Many thanks,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

Good afternoon,

Are you claiming exceptional circumstances that prevent DHS-OIG from complying with FOIA’s timeliness provisions? If so, please articulate them clearly, and support those contentions with facts?

Many thanks,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

We appeal the agency's failure to respond as required by the plain language of the Freedom of Information Act.

Specifically, DHS-OIG FOIA:

1. Failed to make a "determination" as required by Section 552(a)(6)(A)(i) within the twenty working day timeframe. See https://www.cadc.uscourts.gov/internet/opinions.nsf/d7851114413f05bc85257b41004d7cc6/$file/12-5004-1428419.pdf.

2. Failed to provide an estimated date of production, as required by Section 552(a)(7)(B)(ii).

3. Failed to make records promptly available, as required by Section 552(a)(3)(A).

We seek expedited processing of this appeal pursuant to 5 USC 552(a)(6)(E) and 5 CFR 5.5(e). In support of this request, we make the following statements under penalty of perjury pursuant to 28 USC 1746:

1. I am a member of the media engaged in the dissemination of information.

2. "Barbaric" and "negligent" conditions in DHS custody have been the subject of widespread and exceptional media interest about which there exist questions regarding the government's integrity which undermine public confidence. 6 C.F.R. 5.5(e)(1)(iv).

3. Numerous articles have been published on the subject of deaths in custody, demonstrating the urgency to inform the public about DHS-OIG's approach to this issue. 6 CFR 5.5(e)(3). See, e.g.,
(a) https://apnews.com/article/border-patrol-child-custody-death-harlingen-2e2b27eeb3da669ee17241b8b3ee9ee2;
(b) https://www.latimes.com/politics/story/2023-05-17/8-year-old-child-dies-in-border-patrol-custody
(c) https://www.wpri.com/hill-politics/homeland-security-team-calls-health-care-at-border-unsafe-after-probe-of-child-death-report/amp/
(d) https://www.wpri.com/hill-politics/homeland-security-team-calls-health-care-at-border-unsafe-after-probe-of-child-death-report/amp/
(e) https://wiod.iheart.com/featured/florida-news/content/2023-05-12-migrant-teenager-dies-in-florida-in-dhs-custody/
(f) https://www.reuters.com/world/us/family-girl-who-died-us-border-patrol-custody-denied-ambulance-investigation-2023-06-02/
(g) https://www.cbsnews.com/news/anadith-danay-reyes-alvarez-8-year-old-migrant-died-border-patrol-custody-family/
(h) https://www.washingtonpost.com/nation/2023/06/15/border-patrol-medical-care-child-death/
(i) https://time.com/5480503/jackeline-caal-death-dhs/
(j) https://www.businessinsider.com/jakelin-caal-isnt-the-first-child-to-die-following-dhs-detainment-2018-12
(k) https://www.politico.com/story/2018/12/26/dhs-border-medical-checks-immigrant-children-1053219
(l) https://elpasomatters.org/2020/03/26/house-leader-criticizes-trump-administration-investigations-into-deaths-of-migrant-children/
(m) https://abcnews.go.com/US/misconduct-found-deaths-migrant-children-dhs-watchdog/story?id=67868416
(n) https://www.gao.gov/products/gao-20-536\
(o) https://www.npr.org/2023/11/08/1211316303/ice-releases-investigation-into-immigrants-death-after-months-of-inexcusable-del#:~:text=The%20government's%20own%20inspectors%20have,a%20years%2Dlong%20reporting%20effort.
(p) https://www.npr.org/2023/08/16/1190767610/ice-detention-immigration-government-inspectors-barbaric-negligent-conditions
(q) https://www.cpr.org/2023/08/30/npr-investigation-ice-aurora-facility-deaths-colorado/
(r) https://www.trtworld.com/discrimination/report-reveals-shocking-details-of-barbaric-abuse-in-us-detention-centres-14513200
(s) https://www.ajc.com/news/georgia-news/federal-investigation-documents-barbaric-conditions-in-ice-facilities/Q4BGHWDOGBHBJEJCFJOCBG64DA/
(t) https://lailluminator.com/2023/09/27/suicide-immigration-center/
(u) https://www.houstonpublicmedia.org/articles/news/politics/immigration/2020/09/02/381036/honduran-man-dies-of-covid-19-complications-after-detention-in-houston-area-immigration-facility/
(v) https://www.nbcnews.com/politics/immigration/22-immigrants-died-ice-detention-centers-during-past-2-years-n954781
(w) https://www.cbsnews.com/news/immigration-detention-covid-cases-surge/
(x) https://www.aimspress.com/article/id/5ffcf63eba35de13a108a923
(y) https://medicalxpress.com/news/2021-01-covid-suicide-substandard-medical-high.html
(z) https://sourcenm.com/2022/09/01/brazilian-asylum-seeker-who-died-by-suicide-held-in-horrific-conditions-attorneys-say/

4. Recent CBP FOIA results indicate the agency under-reported deaths in custody and failed to make mandatory public disclosures for at least 7 of the 44 deaths the agency reported to have occurred in FY 22.

5. Because the Inspector General's report that is the subject of this FOIA request inexplicably uses its own definition of a "death in custody" rather than the one Congress set forth in the Death in Custody Reporting Act, it is unclear whether the Inspector General improperly curtailed the scope of this Congressionally mandated death review,.

6. DHS custodial populations are rising. https://trac.syr.edu/immigration/quickfacts/

7. During the first 6 months of FY24, ICE detention centers have seen as many in-custody deaths (4 reported) as all of FY23 (4), and more than all of FY22 (3).

8. DHS-OIG is no longer under a Congressional mandate to study systemic factors influencing deaths in DHS custody because the language of the FY22 Appropriations bill that prompted OIG 23-12 lapsed.

9. A debate over funding for DHS custody is currently consuming Congressional appropriations talks, with ICE threatening to release detained people if it does not receive billions more in detention funds: https://www.youtube.com/watch?v=Avad3bKFOtY

10. Inspector General Cuffari has previously been faulted by Congress on at least two occasions for conducting inadequate or incomplete investigations into deaths and other abuses inside ICE detention centers. See (a) https://democrats-homeland.house.gov/news/media-advisories/today_12pm-congressional-hearing-on-the-deaths-of-children-in-cbp-custody-and-unlawful-spending-by-cbp; and (b) https://www.hsgac.senate.gov/subcommittees/investigations/hearings/medical-mistreatment-of-women-in-ice-detention/.

Please GRANT expedited processing and comply with the requirements of the Act as listed above.

Many thanks,

Andrew Free
MuckRock News

Thank you for the update!