ORR/OPR data on sexual assault allegation complaints against CBP in 2019 (JICMS) (Department of Homeland Security, Office for Civil Rights and Civil Liberties)

Submitted on Wednesday, August 28, 2019 - 01:14
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : Civil Rights
and Civil Liberties (CRCL)
Title:
First Name: Tanvi
Middle Initial:
Last Name: Misra
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News, DEPT MR 79634
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 6172991832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

1. All significant incident reports (SIRs), significant event notifications
(SENs), or significant action reports (SARs) — especially, but not only
regarding sexual assault and abuse allegations against Customs and Border
Protection officers by detainees — in 2019-to-date of receipt of this
request shared by Office of Refugee Resettlement or other Health and Human
Services Components like the Administration of Children and Families with
CBP's Office of Professional Responsibility and DHS's Office of Civil Rights
and Civil Liberties. These should include, but should not be limited to,
incidents logged in the Joint Integrity Case Management System (JICMS).

The sharing of this data via JICMS was referenced by Mark Morgan, Acting
Commissioner of Customs and Border Protection, in a hearing in front of the
Senate Homeland Security and Government Affairs Committee on July 30, 2019.
(See, starting 1:13:30:
https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border)

2. Information on all investigations in 2019-to-date of receipt of this
request undertaken by CBP OPR or DHS CRCL into significant incident reports
(SIRs), significant event notifications (SENs), or significant action reports
(SARs) — especially, but not only those regarding sexual assault and abuse
allegations against Customs and Border Protection officers by detainees. The
information on these investigations should include, but should not be limited
to, the total number of such investigations undertaken by each oversight
agency, the most current status of these investigations, and details of the
allegation being investigated.

3. All communication to date between the relevant DHS and HHS agency
components and leadership regarding all significant incident reports (SIRs),
significant event notifications (SENs), or significant action reports (SARs)
— especially sexual assault and abuse allegations against CBP by detainees
— in 2019-to-date shared by HHS with CBP's Office of Professional
Responsibility and DHS's Office of Civil Rights and Civil Liberties,
including, but not limited to, incidents logged in the Joint Integrity Case
Management System (JICMS). The communication should include, but not limited
to, exchanges with Immigration and Customs Enforcement, CBP, DHS CRCL, and
HHS ORR and HHS ACF.

4. All follow up communications between DHS CRCL, CBP OPR with DHS agency
components and all exchanges with Congressional liaisons regarding all
significant incident reports (SIRs), significant event notifications (SENs),
or significant action reports (SARs) — especially sexual assault and abuse
allegations against CBP by detainees —in 2019-to-date, that are shared by
HHS with CBP's Office of Professional Responsibility and DHS's Office of
Civil Rights and Civil Liberties, including, but not limited to, incidents
logged in the Joint Integrity Case Management System (JICMS).

BACKGROUND

On July 9, NBC News published a story by Jacob Soboroff and Julia Ainsley
titled, "Migrant kids in overcrowded Arizona border station allege sex
assault, retaliation from U.S. agents," which detailed allegations of assault
of children by CBP officers. An excerpt reads:

"A 15-year-old girl from Honduras described a large, bearded officer putting
his hands inside her bra, pulling down her underwear and groping her as part
of what was meant to be a routine pat-down in front of other immigrants and
officers.The girl said "she felt embarrassed as the officer was speaking in
English to other officers and laughing" during the entire process, according
to a report of her account."

In a hearing titled, "Unprecedented Migration at the U.S. Southern Border:
What Is Required to Improve Conditions?" held on July 30 in front of the full
Senate Homeland Security and Government Affairs Committee, CBP Acting
Commissioner Mark Morgan testified. In response to questions regarding the
NBC News report by Sen. Krysten Sinema, D-Ariz., he explained that CBP has
adopted new data sharing policies and practices following the news report
above. (See, starting 1:13:30:
https://www.c-span.org/video/?463040-1/senate-homeland-security-hearing-migration-us-southern-border)
Specifically, he said that ORR now shares reports of sexual assault
allegations that come from children in that agency's custody with DHS CRCL
and CBP OPR simultaneously in the LICMS database. The above requested
documents pertain to all such reports and previous communications between
DHS, CBP, and ORR on this matter.

I am requesting these documents as a journalist who has been covering
immigration issues for the last five years at The Atlantic. Founded in 1857
and today one of the fastest growing media platforms in the industry, The
Atlantic has throughout its history championed the power of big ideas and
continues to shape global debate across print, digital, events, video, and
audio platforms. With its award-winning digital presence TheAtlantic.com and
CityLab.com on cities around the world, The Atlantic is a multimedia forum on
the most critical issues of our times—from politics, global, and the
economy, to technology, arts, and culture.

Currently, I'm an immigration reporter at CQ-Roll Call, one of the oldest
Congressional publications in the U.S with a track record of award winning
non-partisan journalism — currently specializing in coverage of immigrant
detention. I respectfully ask that this FOIA request be expedited, as it is
in public interest for Congress and taxpayers to know the conditions in which
migrant children are being held in CBP custody.

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,

Tanvi Misra

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Select from the list below: A representative of the news media seeking
information as part of a news gathering effort and not for commercial use.
I request a waiver of all fees for this request.: I request a waiver of all
fees for this request.
Please provide an explanation for your request for a fee waiver:
I am requesting these documents as a journalist who has been covering
immigration issues for the last five years at The Atlantic. Founded in 1857
and today one of the fastest growing media platforms in the industry, The
Atlantic has throughout its history championed the power of big ideas and
continues to shape global debate across print, digital, events, video, and
audio platforms. With its award-winning digital presence TheAtlantic.com and
CityLab.com on cities around the world, The Atlantic is a multimedia forum on
the most critical issues of our times—from politics, global, and the
economy, to technology, arts, and culture.

Currently, I'm an immigration reporter at CQ-Roll Call, one of the oldest
Congressional publications in the U.S with a track record of award winning
non-partisan journalism — currently specializing in coverage of immigrant
detention. I respectfully ask that this FOIA request be expedited, as it is
in public interest for Congress and taxpayers to know the conditions in which
migrant children are being held in CBP custody.

The requested documents will be made available to the general public, and
this request is not being made for commercial purposes.
Please select and describe in detail if you believe your request warrants
expeditious handling: A harm to substantial humanitarian concerns exists.
Please provide information to support your selection: Currently, I'm an
immigration reporter at CQ-Roll Call, one of the oldest Congressional
publications in the U.S with a track record of award winning non-partisan
journalism — currently specializing in coverage of immigrant detention. I
respectfully ask that this FOIA request be expedited, as it is in public
interest for Congress and taxpayers to know the conditions in which migrant
children are being held in CBP custody.