Waldman Family Separation Comms

Andrew Free filed this request with the Department of Homeland Security of the United States of America.
Tracking #

2019-HQFO-01265

Status
Completed

Communications

From: Andrew Free


To Whom It May Concern:

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

Please provide all emails from former Department of Homeland Security spokesperson Katie Waldman sent between May 1, 2018 and September 1, 2018 containing "family separation" or "zero tolerance".

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,

Andrew Free

From: Department of Homeland Security

Good Afternoon,
Attached is our acknowledgment of your DHS FOIA 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.
Regards,
DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone:  1-866-431-0486 or 202-343-1743
Fax:  202-343-4011
Visit our FOIA website (http://www.dhs.gov/foia)

From: Department of Homeland Security

Good morning,

2019-HQFO-01265 the records are being reviewed at this time.
Regards,

DHS Privacy Office
Disclosure & FOIA Program
STOP 0655
Department of Homeland Security
245 Murray Drive, SW
Washington, DC 20528-0655
Telephone: 1-866-431-0486 or 202-343-1743
Fax: 202-343-4011
Visit our FOIA website

From: Department of Homeland Security

Good morning Mr. Free,

We apologize for the delay relating to your FOIA request seeking email records sent by Katie Waldman sent between May 1, 2018 and September 1, 2018 containing "family separation" or "zero tolerance".

Please advise if you are still interested in this request, and if so, if you would be willing to narrow your request so that it includes only communications between DHS staff.

If you prefer, we can discuss your request on the phone when it is convenient for you.

Thanks in advance, and I look forward to working with you.
Best,

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018
Fax: (202) 343-4011
Visit our FOIA website

From: Andrew Free

I am unwilling to narrow this request. I still want the documents. Please comply with FOIA’s demand that you make records promptly available.

From: Department of Homeland Security

Good morning Mr. Free,

This request is still in the processing queue and we are in a backlog situation.

As we cannot release equities from other components or agencies, and requests for email records require that we consult with those other offices and agencies.

As such, these types of requests take much longer which is why we asked if you would be willing to narrow your request so that it includes only communications between DHS staff.
Best,
Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018
Fax: (202) 343-4011
Visit our FOIA website

From: Andrew Free

On what date did you task the search, what is the volume of responsive documents, and which other components have you identified with equities?

From: Department of Homeland Security

Good morning Mr. Free,

I would like to take the opportunity to explain our process to you on the phone.

Please provide me with phone number and I can call you at a mutually convenient time.

As to your queries, the only information that I have is that the search was tasked out in October of 2019-but I would have to explain the next several steps to you on the phone.

As this request is not assigned yet to a specialist, we do not have the specifics to the other queries.

My initial email to you about equites for other components and equites was a general statement about email requests.
Best,

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018
Fax: (202) 343-4011
Visit our FOIA website

From: Andrew Free

Put it in writing.

From: Department of Homeland Security

Good morning Mr. Free,

Please be advised that your request has been assigned to myself.

We cannot provide other specifics via email but we can confer on the phone.
Best,

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018
Fax: (202) 343-4011
Visit our FOIA website

From: Andrew Free

Please cite any law or policy which you contend prevents you from communicating in writing.

Also, when was the search tasked?

From: Department of Homeland Security

Mr. Free,

Your request is being processed, and the records are in the consultation Stage.
Best,

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security
Main: 1.866.431.0486
Direct: (202) 570-2018
Fax: (202) 343-4011
Visit our FOIA website

From: Andrew Free

That is not an answer to my question. Noted.

Here’s another: Where does my request stand in the queue?

Thanks for your prompt responses,

Andrew.

From: Department of Homeland Security

The queue only applies to a request getting assigned.

Once it is assigned, it is not in a queue and it has to go through the stages of processing a request, which varies from record set to record set.

Our office cannot make a release until all of the consultations come back, and it is too early in the process to estimate when that will be.

From: Andrew Free

Your response violates Section 7(b) of the Open Government Act:

“Answer: Section 7 requires agencies to provide an "estimated date" by which processing will be complete. Agencies should make a reasonable judgment as to when they believe processing will be complete, based upon what remains to be done in a given case and in light of the agency's experience with processing similar requests. The important point is that the agency and the requester are able to communicate easily regarding the status of a request.”

https://www.justice.gov/oip/blog/foia-post-2008-oip-guidance-assigning-tracking-numbers-and-providing-status-information

Did I misunderstand your response?

When will DHS make these records available?

From: Department of Homeland Security

Mr. Free,

The estimated date of completion is October 29, 2021.

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security

From: Andrew Free

Thanks very much, Maura!

Will look forward to receiving responsive records around then.

Any idea what the current volume (pages/file sizes) of responsive records under review is?

Andrew

From: Department of Homeland Security

Mr. Free,

Our FOIA Xpress software sent out your response last week – attached.

It looks like they had an different email address for you.
Best,

Maura Busch
Senior Program Specialist
Privacy Office
U.S. Department of Homeland Security

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