Records on Facilitation of Return Policy 2018 to Present

Matthew Hoppock filed this request with the Immigration and Customs Enforcement of the United States of America.
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Communications

From: Matthew Hoppock


To Whom It May Concern:

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

Recently the agency appears to have made extensive changes to the "Return Policy" first announced in Supreme Court's decision in Nken v. Holder. For example, its "Frequently Asked Questions" for this topic (https://www.ice.gov/faq/
facilitating-return) was taken offline in March, 2017 and has since been returned with numerous edits and changes. One of these answers appears to shift responsibility for facilitation of return from the Enforcement and Removal Operations
generally to its "Custody Management Division" specifically. We are concerned with these changes, which have neither been formally announced nor subjected to notice and comment. They appear to indicate both a reduced willingness to
comply with the Solicitor General's reassurances following the Nken decision on the facilitation of return and to indicate that ICE intends to place returned individuals into ICE custody.

Accordingly, I request the following under the Freedom of Information Act:

1. All correspondence, including e-mail messages from 1/1/18 to present regarding the "Return Policy"

2. All correspondence, including e-mail messages, regarding the changes to the Frequently Asked Questions page at https://www.ice.gov/faq/facilitating-return from 1/1/18 to present.

3. Statistics on facilitation of return requests (also called FoRR Inquiries) from 1/1/09 to present including the following:

a. Number of requests received for facilitation of return per year for 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.
b. Number of requests granted for facilitation of return per year for 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.
c. Number of requests denied for facilitation of return per year for 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.

6. Any other statistics maintained in the ordinary course of business by ICE related to its administration of the Return Policy.

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,

Matthew Hoppock

From: Immigration and Customs Enforcement

Submitted on Wednesday, February 5, 2020 - 23:41
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : U.S.
Immigration and Customs Enforcement (ICE)
Title:
First Name: Matthew
Middle Initial:
Last Name: Hoppock
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News DEPT MR 87540
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
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:

Recently the agency appears to have made extensive changes to the "Return
Policy" first announced in Supreme Court's decision in Nken v. Holder. For
example, its "Frequently Asked Questions" for this topic
(https://www.ice.gov/faq/
facilitating-return) was taken offline in March, 2017 and has since been
returned with numerous edits and changes. One of these answers appears to
shift responsibility for facilitation of return from the Enforcement and
Removal Operations
generally to its "Custody Management Division" specifically. We are concerned
with these changes, which have neither been formally announced nor subjected
to notice and comment. They appear to indicate both a reduced willingness to
comply with the Solicitor General's reassurances following the Nken decision
on the facilitation of return and to indicate that ICE intends to place
returned individuals into ICE custody.

Accordingly, I request the following under the Freedom of Information Act:

1. All correspondence, including e-mail messages from 1/1/18 to present
regarding the "Return Policy"

2. All correspondence, including e-mail messages, regarding the changes to
the Frequently Asked Questions page at
https://www.ice.gov/faq/facilitating-return from 1/1/18 to present.

3. Statistics on facilitation of return requests (also called FoRR Inquiries)
from 1/1/09 to present including the following:

a. Number of requests received for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.
b. Number of requests granted for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.
c. Number of requests denied for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017.

6. Any other statistics maintained in the ordinary course of business by ICE
related to its administration of the Return Policy.

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,

Matthew Hoppock

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From: Immigration and Customs Enforcement

March 05, 2020 Matthew Hoppock MuckRock Dept MR 87540 411A Highland Ave Somerville, MA 02144 RE:     ICE FOIA Case Number 2020-ICFO-26266
This e-mail is in regards to your February 05, 2020 ICE FOIA request for various records pertaining to the extensive changes to the "Return Policy" first announced in Supreme Court's decision in Nken v. Holder (see request for details).
Aftercareful review of your FOIA request, we determined that your request is toobroad in scope, did not specifically identify the records which you areseeking, or only posed questions to the agency.  Records must be describedin reasonably sufficient detail to enable government employees who are familiarwith the subject area to locate records without placing an unreasonable burdenupon the agency.  For this reason, §5.3(b) of the DHS regulations, 6C.F.R. Part 5, require that you describe the records you are seeking with asmuch information as possible to ensure that our search can locate them with areasonable amount of effort.  Whenever possible, a request should includespecific information about each record sought, such as the date, title or name,author, recipients, and subject matter of the records, if known, or the ICEprogram office you believe created and/or controls the record. TheFOIA does not require an agency to create new records, answer questions posedby requesters, or attempt to interpret a request that does not identifyspecific records. Pleaseresubmit your request containing a reasonable description of the records youare seeking.  Upon receipt of a perfected request, you will be advised asto the status of your request. Ifwe do not hear from you within 30 days from the date of this letter,we will assume you are no longer interested in this FOIA request, and the casewill be administratively closed.  Please be advised that this action isnot a denial of your request and will not preclude you from filing otherrequests in the future.

Sincerely,

ICE FOIA

From: Matthew Hoppock

I am writing to follow up on this request. I understand you are seeking clarity in what I’m asking for. I am willing to limit the scope to just a portion of the records I requested. In that respect, please produce the following:

3. Statistics on facilitation of return requests (also called FoRR Inquiries)
from 1/1/09 to present including the following:

a. Number of requests received for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017, 2018, and 2019
b. Number of requests granted for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017, 2018, and 2019
c. Number of requests denied for facilitation of return per year for 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, and 2017, 2018, and 2019.

Matthew Hoppock

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