Processing Notes for UValde CBP Public Affairs FOIA Response

Andrew Free filed this request with the United States Customs and Border Protection of the United States of America.
Tracking #

CBP-AP-2022-114657

CBP-2022-088923

Status
Completed

Communications

From: Andrew Free

To Whom It May Concern:

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

All CBP processing notes and other agency records created in response to the Freedom of Information Act request assigned tracking number CBP-2022-087055. (See: https://www.muckrock.com/foi/united-states-of-america-10/cbp-public-affairs-uvalde-emails-129289/#file-1019954).

On June 6, 2022, CBP FOIA denied this request for CBP Public Affairs records regarding the Uvalde school massacre based on Exemption 7A. In this denial, CBP says it applied the foreseeable harm standard to conclude producing any records responding to this request would interfere with an ongoing investigation.

I request expedited processing of this request pursuant to 6 C.F.R. 5.5(e) based on the extraordinary public interest involved in the underlying subject of records and the urgent need to inform the public of potential agency wrongdoing and lawlessness.

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

From: 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://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2022-088923&type=request)

* Tracking Number: CBP-2022-088923
* Requester Name:
Andrew Free
* Date Submitted: 06/07/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

All CBP processing notes and other agency records created in response to the Freedom of Information Act request assigned tracking number CBP-2022-087055. (See: https://www.muckrock.com/foi/united-states-of-america-10/cbp-public-affairs-uvalde-emails-129289/#file-1019954).

On June 6, 2022, CBP FOIA denied this request for CBP Public Affairs records regarding the Uvalde school massacre based on Exemption 7A. In this denial, CBP says it applied the foreseeable harm standard to conclude producing any records responding to this request would interfere with an ongoing investigation.

I request expedited processing of this request pursuant to 6 C.F.R. 5.5(e) based on the extraordinary public interest involved in the underlying subject of records and the urgent need to inform the public of potential agency wrongdoing and lawlessness.

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

Upload documents directly: https://www.muckrock.com/

From: United States Customs and Border Protection

Andrew Free
MuckRock News, DEPT MR129829
263 Huntington Ave
Boston, MA, 02115
06/12/2022
CBP-2022-088923
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 06/07/2022.     Please use the following unique FOIA tracking number CBP-2022-088923 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. (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).
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

From: United States Customs and Border Protection

Your request for Expedited Processing for the FOIA request CBP-2022-088923 has been
denied.

* Expedited Processing Original Justification:
I request expedited processing of this request pursuant to 6 C.F.R. 5.5(e) based on the extraordinary public interest involved in the underlying subject of records and the urgent need to inform the public of potential agency wrongdoing and lawlessness.
* Expedited Processing Disposition Reason:
Does not meet qualifications based on CBP Regulations

From: United States Customs and Border Protection

CBP-2022-088923 has been processed with the following final disposition: Partial Grant/Partial Denial.

Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by [FOIAONLINE_HOME].

From: Andrew Free

I hereby appeal this request for search adequacy.

The Freedom of Information Act prohibits blanket assertions of Exemption 7A. There is no evidence in these records that the agency considered the 7A determinations regarding Uvalde by record or category, made any assessment as to the harm to any ongoing investigation that may occur from release of particular information, or balanced the public's need to know.

If this is all CBP's got to justify withholding ALL Uvalde records under 7A, CBP broke the law when it did so. If there is something more that's response, CBP broke the law by failing to conduct an adequate search for it.

Please let us know which way CBP broke the law on appeal.

Thank you,

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

From: United States Customs and Border Protection

The FOIA
appeal
- CBP-AP-2022-114657 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2022-114657
* Requester: Andrew Free
* Submitted Date: 08/08/2022
* Description:
I hereby appeal this request for search adequacy.

From: United States Customs and Border Protection

Andrew Free:
Your letter dated July 6, 2022, was received in this office on August 8, 2022, wherein you appeal FOIA Division's determination under tracking number CBP-2022-088923. The tracking number for your appeal is CBP-AP-2022-114657, which will be assigned to a member of the Appeals Office for processing.
Sincerely,
Lynette Carter, FOIA Appeals

From: United States Customs and Border Protection

Please log in to your FOIA Online account to access the decision.

From: Andrew Free

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Andrew Free

From: United States Customs and Border Protection

Dear Andrew Free <requests@muckrock.com>,
Your password has been updated per your request. You can change your password in the future from your
profile page.
If you believe you received this email in error or need additional assistance, please contact the FOIAonline Help Desk. (mailto:foiaonline@cnservicedesk.net)
FOIAonline Team (mailto:foiaonline@cnservicedesk.net)

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