USMS/ICE agreements/MOUs re: Central Texas Detention Facility

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530-1000

February 3, 2015

Beryl C.D. Lipton
MuckRock News
DEPT MR 15946
PO Box 55819
Boston, MA 02205-5819

Re: Freedom of Information/Privacy Act Request Nr. 2015USMS27604

Dear Requester:

The United States Marshals Service (USMS) is in receipt of your request dated February 3, 2015, by which you request All contracts (and their amendments), agreements, and memorandums of understanding entered into between the U.S. Marshals Service and Immigration and Customs Enforcement for services and activities related to the Karnes County Residential Center (http://www.geogroup.com/maps/locationdetails/23).

This request is a duplicate of your request 2015USMS27603.

Sincerely,

William E. Bordley
Associate General Counsel/FOIPA Officer
Office of General Counsel

We do not have IGA’s between us and ICE.

[USMS seal blue294 1in]

U.S. Department of Justice
United States Marshals Service

Office of General Counsel

CS-4, 10th Floor
Washington, DC 20530

April 20, 2015

Beryl C.D. Lipton
MuckRock News
DEPT MR 15929
PO Box 55819
Boston, MA 02205-5819

Re: Freedom of Information/Privacy Act Request No. 2015USMS28128 Subject of Request: Central Texas Detention Facility

Dear Requester:

The United States Marshals Service is responding to your request for records in this agency's files pertaining to the above subject.

Pursuant to your request, [] the Marshals Service conducted a search of its files and located documents which are responsive, or [X] the Marshals Service received documents referred from another agency for disclosure determination and direct response to you. The paragraphs checked below apply:

[] All documents located or [] all documents referred from another agency are being released to you without deletions.

[X] Documents are being released to you; however, certain documents or portions of documents are being withheld pursuant to the Freedom of Information Act, 5 U.S.C. § 552, and/or the Privacy Act, 5 U.S.C. § 552a. Please refer to the list on page 2 of this letter for a description of information being withheld and the basis for withholding.

[] Our search located document(s) which originated with or contain(s) information which originated with (an)other component (s) of the Department of Justice or with (an)other government agency(ies).

[] Information contained in Marshals Service records which originated with (an)other agency(ies) and a copy of your request have been referred to the originator(s) for consultation in accordance with 28 C.F.R. § 16.4 and/or § 16.42. The Marshals Service will correspond with you again upon completion of this consultation.

[] Records which originated with (an)other agency(ies) and a copy of your request have been referred to the originator(s) for disclosure determination and direct response to you in accordance with 28 C.F.R. § 16.4 and/or § 16.42.

[] Your request is being denied pursuant to the Freedom of Information Act and/or Privacy Act exemption(s) identified by mark(s) on the following list.

[X] If you are dissatisfied with my action on this request, you may appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, D.C. 20530-0001. Your appeal must be received within 60 days of the date of this letter. Both the letter and the envelope should be clearly marked "Freedom of Information/ Privacy Act Appeal." In the event you are dissatisfied with the results of any such appeal, judicial review will thereafter be available to you in the United States District Court for the judicial district in which you reside or have your principal place of business, or in the District of Columbia.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c ) (2006 & Supp. IV (2010)). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

[X] The enclosed material is provided for your further information.

Sincerely,

William E. Bordley
Associate General
Counsel/FOIPA Officer
Office of General Counsel

Enclosures

Number of Documents Located or referred from another agency: 25
Number of Documents Released: 25
Number of Documents Referred to another agency: _ 0
Number of Documents Withheld: _ 0

Freedom of Information Act Privacy Act
5 U.S.C. § 552 5 U.S.C. § 552a

Exemptions cited Description of Information
Withheld:

[] (b)(1) [] (b)(2) [] (b)(3) [] (d)(5) [] (j)(2) [] Information which could risk
[] (b)(4) [] (b)(5) [] (b)(6) [] (k)(1) [] (k)(2) circumvention of the law
[] (b)(7)(A) [] (b)(7)(B) [] (k)(5) [] (k)(6) [X] Names of and/or information on
[X] (b)(7)(C) [] (b)(7)(D) government employees
[X] (b)(7)(E) [] (b)(7)(F) [] Names of and/or information
pertaining to third-party individual(s)
[] Confidential source information [] Other: _______________
FREEDOM OF INFORMATION ACT
5 U.S.C. § 552

Disclosure mandates of the Freedom of Information Act do not apply to matters that are--

(b)(1) specifically authorized and properly classified pursuant to an Executive order to be kept secret in the interest of national defense or foreign policy;

(b)(2) related solely to the internal rules and practices of an agency;

(b)(3) specifically exempted from disclosure by another statute;

(b)(4) privileged or confidential trade secrets and commercial or financial information obtained from a person;

(b)(5) predecisional information, including attorney work-product and attorney-client material, reflective of the deliberative process and contained in inter-agency or intra-agency correspondence which is not routinely available to a private party in litigation with an agency;

(b)(6) personnel, medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(b)(7) records or information compiled for law enforcement purposes to the extent that the production of such records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and , in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigation or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual.
PRIVACY ACT
5 U.S.C. § 552a
(d)(5) Nothing in the Privacy Act shall allow an individual access to any information compiled in reasonable anticipation of civil action or proceeding.

Further, an agency may exempt from the access provisions and other provisions of the Privacy Act:
(j)(2) Material related to the enforcement of criminal laws including efforts to prevent, control or reduce crime or to apprehend criminals;

(k)(1) Material specifically authorized and properly classified pursuant to an Executive order to be kept secret in the interest of national defense or foreign policy;

(k)(2) Material compiled during civil investigations for law enforcement purposes;

(k)(5) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, the disclosure of which would reveal the identity of a source who furnished information to the Government under an express promise that the source's identity would be held in confidence, or pursuant to an implied promise of confidentiality if such information was furnished prior to September 27, 1975.

(k)(6) Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service.