Underlying documents in the DHS OIG investigation of DHS handling of sexual assaults

Tanvi Misra filed this request with the Department of Homeland Security Office of Inspector General of the United States of America.
Tracking #

2019-IGFO-00214, 2019-IGAP-00010

Status
Rejected

Communications

From: Tanvi Misra

To Whom It May Concern:

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

1. All significant incident reports (SIRs) and significant event notifications (SENs) to date regarding the ongoing investigation into Department of Homeland Security's handling of sexual assault allegations, as referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, at the Office of Inspector General at a House Judiciary Committee hearing on July 25, 2019.
2. All materials relied upon by DHS-OIG in any investigation into DHS' handling of sexual assault allegations as referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, at the Office of Inspector General, at a House Judiciary Committee hearing on July 25, 2019 — including, but not limited to, photographs, interview notes, and electronic or paper communications;
3. All communication to date with DHS agency components regarding the investigation into DHS' handling of sexual assault allegations as referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, at the Office of Inspector General at a House Judiciary Committee hearing on July 25, 2019 — including, but not limited to, communication with ICE, CBP, HHS, and Immigrant Health Services Corps;
3. All follow-up communications to date from OIG to any DHS agency component or Congressional liaison regarding the investigation into DHS' handling of sexual assault allegations as referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, at the Office of Inspector General at a House Judiciary Committee hearing on July 25, 2019;
4. All communications to date between OIG and subject-matter experts, including, but not limited to, public health officials, regarding the investigation into DHS' handling of sexual assault allegations, as referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations, at the Office of Inspector General at a House Judiciary Committee hearing on July 25, 2019.
5. All completed drafts of forthcoming management alerts or reports on any ongoing investigation into DHS' handling of sexual assault allegations;

BACKGROUND

On July 25, 2019, the House Judiciary Committee hosted a hearing on oversight of family separation and U.S. Customs and Border Protection short-term custody under the Trump administration where Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and Evaluations at the Office of Inspector General, testified. In response to a question by Rep. Mary Gay Scanlon (2:00:38: https://judiciary.house.gov/legislation/hearings/oversight-family-separation-and-us-customs-and-border-protection-short-term) about sexual assault allegations at CBP centers, Ms. Shaw responded:

"We do have work underway looking at the law enforcement components within Department of Homeland Security and how they handle cases of sexual assault and sexual misconduct. That work is, I believe, out of field work and in the process of drafting."

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.

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

From: Department of Homeland Security Office of Inspector General

Submitted on Thursday, July 25, 2019 - 23:44
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : Office of
Inspector General (OIG)
Title:
First Name: Tanvi
Middle Initial:
Last Name: Misra
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News, DEPT MR 77961
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) and significant event
notifications (SENs) to date regarding the ongoing investigation into
Department of Homeland Security's handling of sexual assault allegations, as
referenced by Ms. Diana R. Shaw, Assistant Inspector General for Special
Reviews and Evaluations, at the Office of Inspector General at a House
Judiciary Committee hearing on July 25, 2019.
2. All materials relied upon by DHS-OIG in any investigation into DHS'
handling of sexual assault allegations as referenced by Ms. Diana R. Shaw,
Assistant Inspector General for Special Reviews and Evaluations, at the
Office of Inspector General, at a House Judiciary Committee hearing on July
25, 2019 — including, but not limited to, photographs, interview notes, and
electronic or paper communications;
3. All communication to date with DHS agency components regarding the
investigation into DHS' handling of sexual assault allegations as referenced
by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and
Evaluations, at the Office of Inspector General at a House Judiciary
Committee hearing on July 25, 2019 — including, but not limited to,
communication with ICE, CBP, HHS, and Immigrant Health Services Corps;
3. All follow-up communications to date from OIG to any DHS agency component
or Congressional liaison regarding the investigation into DHS' handling of
sexual assault allegations as referenced by Ms. Diana R. Shaw, Assistant
Inspector General for Special Reviews and Evaluations, at the Office of
Inspector General at a House Judiciary Committee hearing on July 25, 2019;
4. All communications to date between OIG and subject-matter experts,
including, but not limited to, public health officials, regarding the
investigation into DHS' handling of sexual assault allegations, as referenced
by Ms. Diana R. Shaw, Assistant Inspector General for Special Reviews and
Evaluations, at the Office of Inspector General at a House Judiciary
Committee hearing on July 25, 2019.
5. All completed drafts of forthcoming management alerts or reports on any
ongoing investigation into DHS' handling of sexual assault allegations;

BACKGROUND

On July 25, 2019, the House Judiciary Committee hosted a hearing on oversight
of family separation and U.S. Customs and Border Protection short-term
custody under the Trump administration where Ms. Diana R. Shaw, Assistant
Inspector General for Special Reviews and Evaluations at the Office of
Inspector General, testified. In response to a question by Rep. Mary Gay
Scanlon (2:00:38:
https://judiciary.house.gov/legislation/hearings/oversight-family-separation-and-us-customs-and-border-protection-short-term)
about sexual assault allegations at CBP centers, Ms. Shaw responded:

"We do have work underway looking at the law enforcement components within
Department of Homeland Security and how they handle cases of sexual assault
and sexual misconduct. That work is, I believe, out of field work and in the
process of drafting."

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.

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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From: Department of Homeland Security Office of Inspector General

Good afternoon Mr. Misra,

Attached you will find OIG- FOIA Acknowledgement Letter to your FOIA request.
Thanks,

OIG- FOIA

From: Department of Homeland Security Office of Inspector General

Dear Mr. Misra:

Thank you for your interest in the U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG). Attached please find DHS-OIG's Final Response letter of the above-referenced FOIA request.

Sincerely,
FOIA/DHS-OIG

From: Tanvi Misra

Dear FOIA officer,

I hereby appeal the agency's denial of my request in its entirety. DHS-OIG has failed to demonstrate releasing even a single record could reasonably be expected to cause harm to an ongoing investigation, or why no reasonably segregable portions of responsive records can be released.

Please immediately remand to the agency a segregability analysis and release of non-exempt records.

Thank you,
Tanvi Misra

From: Department of Homeland Security Office of Inspector General

Mr. Mirsa,
Attached please find DHS-OIG's acknowledgement of the above-referenced FOIA Appeal.
Sincerely,
FOIA/DHS-OIG

From: Department of Homeland Security Office of Inspector General

Mr. Misra,

Please find attached the final response in relation to the adjudication to the above mentioned FOIA appeal.
Best,

Jillian M. Clouse
Assistant Counsel of Information Law and Disclosure
Office of Counsel
Office of Inspector General
U.S. Department of Homeland Security

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