Transgender detainees of ICE

March 15, 2019 Emily Crose MuckRock 411A Highland Ave Dept MR 69737 Somerville, MA 02144 RE:     ICE FOIA Case Number 2019-ICFO-30766 Dear Ms. Crose: This acknowledges receipt of your February 22, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for information related to transgender individual detainment in Cibola County Correctional Center. I would like the following information:1) Interior photographs of detainment facilities being used to house transgender detainees or, if unavailable, pictures of spaces with equivalent construction and function. This should includea) detainment cells being used to house transgender detaineesb) any shared spaces where transgender detainees are allowed access2) Memos or emails containing specific numbers or the most specific numbers available on how many of those detained by ICE self-identified as transgender between the years of 2014 - current3) Memos or emails containing specific numbers or the most specific numbers available on how many of those detained by ICE self-identified as transgender were denied access to the treatment guidelines outlined in attached documents4) records describing or generated as a result or in relation to incidental contact between transgender detainees and non-transgender general populations..  Your request was received in this office on March 15, 2019. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations, as they apply to media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2019-ICFO-30766. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2019-ICFO-XXXXX tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

March 28, 2019 EmilyCrose MuckRock 411A Highland Ave Dept MR 69737 Somerville, MA 02144 RE:     CISA Case Number 2019-NPFO-00171 DHS Privacy Office CaseNumber 2019-HQFO-00477 Dear Ms. Crose: This acknowledges receipt of aFreedom of Information Act (FOIA) referral to the U.S. Department of HomelandSecurity (DHS), Cybersecurity & Infrastructure Security Agency (CISA), related toyour March 06, 2019 FOIA request to the DHS Privacy Office, for any material that US-CERT may be in possession of regarding cyber efforts on behalf of white nationalist organizations including The Daily Stormer against local, city, state, tribal governments; including any memos, digital recordings, and meeting logs on incidents that have been attributed to a whitenationalist organization including The Daily Stormer (Date Range for Record Search: From 1/1/2015 To 3/28/2019), and to your request for a waiver of all assessable FOIA fees. While processing your request, the DHS Privacy Office determinedthat the records being sought likely fall under the purview of CISA. Accordingly,your request was referred to this office on March 28, 2019 for review anddirect response to you. Dueto the increasing number of FOIA requests received by this office, we mayencounter some delay in processing your request. Per Section 5.5(a) of the DHSFOIA regulations, 6 C.F.R. Part 5, CISA processes FOIA requests according totheir order of receipt. Although CISA’s goal is to respond within 20 businessdays of receipt of your request, the FOIA does permit a 10- day extension ofthis time period. As your request seeks numerous documents that willnecessitate a thorough and wide-ranging search, CISA will invoke a 10-dayextension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If youcare to narrow the scope of your request, please contact our office. We willmake every effort to comply with your request in a timely manner. You have requested a fee waiver.  The DHS FOIA Regulations at 6 CFR § 5.11(k) set forth six factors CISA must evaluate to determine whether the applicable legal standard for a fee waiver has been met:  (1) Whether the subject of the requested records concerns “the operations or activities of the government,” (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities, (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requester or a narrow segment of interested persons, (4) Whether the contribution to public understanding of government operations or activities will be “significant,” (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure, and (6) Whether the magnitude of any identified commercial interest to the requester is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. Upon review of the subject matter of your request, and an evaluation of the six factors identified above, CISA has determined that it will conditionally grant your request for a fee waiver.  The fee waiver determination will be based upon a sampling of the responsive documents received from the various CISA program offices as a result of the searches conducted in response to your FOIA request.  CISA will, pursuant to DHS regulations applicable to media requesters, process the first 100 pages.  If upon review of these documents, CISA determines that the disclosure of the information contained in those documents does not meet the factors permitting CISA to waive the fees, then CISA will at that time either deny your request for a fee waiver entirely, or will allow for a percentage reduction in the amount of the fees corresponding to the amount of relevant material found that meets the factors allowing for a fee waiver.  In either case, CISA will promptly notify you of its final decision regarding your request for a fee waiver and provide you with the responsive records as required by applicable law. In the event that your fee waiver is denied, and you determine that you still want the records, provisions of the FOIA 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 as they apply to media requestors.  As a media requester you will be charged 10 cents per page for duplication; the first 100 pages are free.  In the event that your fee waiver is denied, we will construe the submission of your request as an agreement to pay up to $25.00.  This office will contact you before accruing any additional fees. We have queried the appropriate programoffices within CISA for responsive records. If any responsive records arelocated, they will be reviewed for determination of releasability. Please beassured that one of the processors in our office will respond to your requestas expeditiously as possible. We appreciate your patience as we proceed withyour request. If you have any questions or wish to discuss reformulation or analternative time frame for the processing of your request, please contact FOIAoffice.  You may send an e-mail to NPPD.FOIA@HQ.DHS.GOV , call free 703-235-2211 , or you may contact our FOIA Public Liaison in thesame manner.  Additionally, you have a right to seek dispute resolutionservices from the Office of Government Information Services (OGIS) whichmediates disputes between FOIA requesters and Federal agencies as anon-exclusive alternative to litigation.  If you are requesting access toyour own records (which is considered a Privacy Act request), you should knowthat OGIS does not have the authority to handle requests made under the PrivacyAct of 1974.  You may contact OGIS as follows:  Office of GovernmentInformation Services, National Archives and Records Administration, 8601Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov;telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at202-741-5769. Your request has beenassigned reference number .Please refer to this identifier in any future correspondence. 2019-NPFO-00171 Tocheck the status of an CISA FOIA request, please visit http://www.dhs.gov/foia-status .Please note that to check the status of a request, you must enter the 2019-NPFO-00171 tracking number. Sincerely, CISA FOIA

Ms. Crose,

ICE's final response to your FOIA request, 2019-ICFO-30766, for information related to transgender individual detainment in Cibola County Correctional Center. I would like the following information:1) Interior photographs of detainment facilities being used to house transgender detainees or, if unavailable, pictures of spaces with equivalent construction and function. This should includea) detainment cells being used to house transgender detaineesb) any shared spaces where transgender detainees are allowed access2) Memos or emails containing specific numbers or the most specific numbers available on how many of those detained by ICE self-identified as transgender between the years of 2014 - current3) Memos or emails containing specific numbers or the most specific numbers available on how many of those detained by ICE self-identified as transgender were denied access to the treatment guidelines outlined in attached documents4) records describing or generated as a result or in relation to incidental contact between transgender detainees and non-transgender general populations. is attached.

Sincerely,
ICE FOIA