ICE Data on Post-Order Custody Reviews from 2019 DHS OIG Report
| Tracking # |
2023-ICFO-28837 |
| Submitted | May 2, 2023 |
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Communications
From: Ian Austin Rose
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Requested Info:
On behalf of my non-profit organizational employer, Capital Area Immigrants' Rights (CAIR) Coalition, I request all the data and documents reviewed and utilized by the Department of Homeland Security (DHS) Office of the Inspector General (OIG) in preparing Table 2 of the report titled "ICE Faces Barriers in Timely Repatriation of Detained Aliens" and dated March 11, 2019. https://www.oig.dhs.gov/sites/default/files/assets/2019-03/OIG-19-28-Mar19.pdf
The report includes a "case review of 3,053 aliens not removed within 90 days of receiving a final order of removal," based on a snapshot of case dispositions as of March 24, 2018. On page 28, in Appendix C, "Results of Electronic File Case Review," there is a table titled "Table 2: Snapshot Case Dispositions." The source for Table 2 is identified as: “OIG Analysis of Aliens Detained Longer than 90 Days Post Final Order of Removal, from ICE ENFORCE Alien Removal Module, ICE Law Enforcement Systems and Analysis case disposition information as of March 24, 2018.”
I request all the "case disposition information" from the "Aliens Detained Longer than 90 Days Post Final Order of Removal" section within the ICE ENFORCE Alien Removal Module, in its original form as provided to OIG for purposes of the report. In addition, I request all documents and/or tables created by OIG in the course of conducting its "[a]nalysis" of the aforementioned data.
Request for Waiver of Fees:
CAIR Coalition requests that ICE waive all fees associated with this request. Such a request is warranted on the grounds that disclosure of the information contained in the requested record is in the public interest and is “likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requestor.” 5 U.S.C. § 552(a)(4)(A)(iii); 28 C.F.R. § 16.10(k)(1). Disclosure of this information is in the public interest of understanding in what circumstances ICE will continue to detain non-citizens after 90 days of post-removal order detention. As previously indicated, CAIR Coalition is a nonprofit organization recognized as a 501(c)(3) entity by the Internal Revenue Service that provides legal services and information to immigrant populations and information to the public on immigration issues.
Disclosure of the requested information also will contribute to “understanding of a reasonably broad audience of persons.” 28 C.F.R. § 16.10(k)(2)(ii)(B). The requested information will be used to better equip pro bono practitioners—both at CAIR Coalition and at other pro bono organizations assisting detained non-citizens in similar circumstances. As a provider of legal services to detained non-citizens, CAIR Coalition has the necessary expertise, capacity, and intention to review, analyze, and synthesize this information and make it accessible to a broad audience of attorneys and clients in immigration proceedings. In addition to the requested information being publicly available on Muckrock, the platform through which I am filing this FOIA request, CAIR Coalition has the capacity to convey the information to a broad audience on CAIR Coalition's website, which receives more than 10,000 monthly visitors. CAIR Coalition also will circulate a summary of information disclosed through this request on its listservs, in which approximately 2,500 attorneys participate. Additionally, CAIR Coalition shares information in its newsletter, which is directly distributed to 6,000 recipients.
CAIR Coalition is also “a representative of the news media” within the meaning of the statute and applicable regulations. See 5 U.S.C. § 552(a)(4)(A)(ii) (defined as “any . . . entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience,”); Nat. Sec. Archive v. Dep’t of Defense, 880 F.2d 1381, 1397 (D.C. Cir. 1989) (same); Electronic Privacy Info. Ctr. v. Dep’t of Defense, 241 F. Supp. 2d 5 (D.D.C. 2003) (non-profit that published information in a wide variety of sources on topics of privacy and civil liberties qualified as representative of news media for FOIA purposes). Given that FOIA's fee waiver requirements are to be “liberally construed in favor of waivers for noncommercial requesters,” a waiver of all fees is justified and warranted in this instance. See Judicial Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312 (D.C. Cir. 2003) (quotation omitted).
Request for Expedited Processing:
CAIR Coalition requests Track 1 expedited treatment for this FOIA request. There is a compelling need for expedited processing, namely, an “urgency to inform the public concerning the actual or alleged Federal Government activity.” 5 U.S.C. § 552(a)(6)(E)(v)(II). CAIR Coalition is aware of at least ten individuals who are currently detained by ICE past the 90-day removal period, including four detained after being granted withholding of removal or protection under the Convention Against Torture. These individuals need information about ICE’s policies and practices in order to understand the basis for their detention and advocate for their release.
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,
Ian Austin Rose
From: Department of Homeland Security Office of Inspector General
Good Afternoon,Attached is our final response to your request. If you need to contact this office again concerning your request, please provide the DHS reference number. This will enable us to quickly retrieve the information you are seeking and reduce our response time. This office can be reached at 866-431-0486 or at foia@hq.dhs.gov.Regards,DHS Privacy OfficeDisclosure & FOIA ProgramSTOP 0655Department of Homeland Security245 Murray Drive, SWWashington, DC 20528-0655Telephone: 1-866-431-0486 or 202-343-1743Fax: 202-343-4011Visit our FOIA website https://www.dhs.gov/foia
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
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From: Department of Homeland Security Office of Inspector General
06/13/2023Ian RoseDept MR145317Boston, Massachusetts 02115RE: ICE FOIA Case Number 2023-ICFO-28837 Dear Requester:This acknowledges receipt of your 5/29/2023, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for: - all the data and documents reviewed and utilized by the Department of Homeland Security (DHS) Office of the Inspector General (OIG) in preparing Table 2 of thereport titled "ICE Faces Barriers in Timely Repatriation of Detained Aliens" and dated March 11, 2019. Your request was received in this office on 6/5/2023.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’re able to narrow the scope of your request please contact our office. Narrowing the scope may speed up the search process. 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 non-commercial requesters. As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher. 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.If you have any questions, please contact FOIA Public Liaison, Fernando Pineiro Jr. at the address above or (866) 633-1182. Additionally, you have a 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.Your request has been assigned reference number 2023-ICFO-28837. Please use this number in future correspondence. Sincerely,ICE FOIA OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
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From: Department of Homeland Security Office of Inspector General
Good afternoon,
I've attached correspondence acknowledging receipt of your Freedom of Information Act (FOIA) request to DHS OIG, dated May 2, 2023, seeking: "all the data and documents reviewed and utilized by the Department of Homeland Security (DHS) Office of the Inspector General (OIG) in preparing Table 2 of the report titled "ICE Faces Barriers in Timely Repatriation of Detained Aliens" and dated March 11, 2019. https://www.oig.dhs.gov/sites/default/files/assets/2019-03/OIG-19-28-Mar19.pdf." It has been assigned the following tracking number: 2023-IGFO-00395.
Sincerely,
DHS-OIG FOIA Team
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 2, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-ICFO-28837.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security Office of Inspector General
Good Day,
In regard to 2023-ICFO-28837, we have queried the appropriate component of DHS for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you as soon as possible. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Sincerely,
ICE FOIA
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From: Department of Homeland Security Office of Inspector General
11/08/2023Ian RoseDept MR145317Boston, Massachusetts 02115RE: ICE FOIA Case Number 2023-ICFO-28837 Dear Requester:After a careful review of your FOIA/PA request, we determined that the information you are seeking is not under the purview of ICE. Requests for all the data and documents reviewed and utilized by the Department of Homeland Security (DHS) Office of the Inspector General (OIG) in preparing Table 2 of the report titled "ICE Faces Barriers in Timely Repatriation of Detained Aliens" and dated March 11, 2019, should be made to . In an effort to assist you on this matter, we are providing you with the following contact information:OIG Office of Counsel (OIG)
FOIA Public Liaison
Office of the Inspector General
245 Murray Lane SW, Mail Stop – 0305
Washington, D.C. 20528-0305
Phone: 202-981-6100
Fax: 202-245-5217
Email: FOIA.OIG@OIG.DHS.GOVSincerely,ICE FOIA OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
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