ORR/OPR data on sexual assault allegation complaints against CBP in 2019 (JICMS) (United States Customs and Border Protection)

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