Winter Storm Records
| Tracking # |
2021-ICLI-00045 2021-ICFO-32190 |
| Submitted | March 8, 2021 |
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Communications
From: Al Otro Lado
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1) Chapter 1.1, Section (V)(8)(h) of ICE's 2016 revision of its Performance Based National Detention Standards requires detention facilities to "ensure generators are functioning properly and have an adequate supply of fuel for a protracted situation." in the event of an adverse weather emergency. Please send all records, including but not limited to communications and written policies, relating to the
a)functioning of any generators
b)availability of fuel, or
c) power outages
at any detention facility in the Area of Responsibility of the New Orleans ICE Field Office (Louisiana, Mississippi, and Alabama) dated, sent, or received between February 8, 2021 and February 19, 2021.
2) ICE's pandemic response requirements require that "Transfers of ICE detainees and non-ICE detained populations to and from other jurisdictions and facilities are discontinued unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, release or removal, or to prevent overcrowding. Detainee
transfers for any other reason require justification and pre-approval from the local ERO Field Office Director. Detainee transfers must have cleared quarantine protocols and be cleared by ICE Health Services Corps. Detainee transfers for any other reason require pre-approval from the local ERO Field Office Director." Please send all communications sent or received between February 8, 2021 and February 19, 2021 to and from the Immigration Health Services Corps and the Field Office Director, Deputy Field Office Directors, and Assistant Field Office Directors in the New Orleans Field Office regarding transfers to and from any detention facilities within the New Orleans ICE Field Office Area of Responsibility.
2) Please send all communications to and from the Field Office Director, Deputy Field Office Directors, and Assistant Field Office Directors in the New Orleans ICE Field Office sent or received between February 8, 2021 and February 19, 2021 containing the keywords "water" and one or more of the following terms:
a) Adams
b) ACDC
c) Etowah
d) ECDC
e) Allen Parish
f) Richwood
g) RCC
h) South Louisiana
i) SLIPC
j) Winn
k) WCC
l) River
m) RCC
n) Pine Prairie
o) PPIPC
p) Jackson Parish
q) JPCC
r) Lasalle
s) LIPC
3) Any significant incident reports regarding any detention facility or detainee within the New Orleans ICE Field Office Area of Responsibility dated between February 8, 2021 and February 19, 2021.
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,
Al Otro Lado
From: Immigration and Customs Enforcement
Dear Al Lado,
The Department of Homeland Security PAL has requested you enter the following Identification Code in order to proceed with the retrieval of your account information.
Identification Code: 01hu58
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
The Department of Homeland Security PAL has requested you enter the following Identification Code in order to proceed with the retrieval of your account information.
Identification Code: w9pnpj
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
Once you login, please change your password to protect your account details.
User Name: requests@muckrock.com
Password: 2Ff(oXu1
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
Request Number 2021-ICFO-32190 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2021-ICFO-32190.
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
The status of your ICE FOIA request #2021-ICFO-32190 has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
HTTPS://foiarequest.dhs.gov
Sincerely,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
Once you login, please change your password to protect your account details.
Password: 66OExp$_
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
Dear Al Lado,
A temporary password has been issued and sent to the email address provided. Please check your email for this temporary password and return to HTTPS://foiarequest.dhs.gov to login. If you have any previously submitted requests to Department of Homeland Security you will be able to view them by logging into your user account.
Username: requests@muckrock.com
Regards,
Department of Homeland Security
From: Immigration and Customs Enforcement
March 22, 2021 Al Lado MuckRock News DEPT MR 109475 411A Highland Ave Somerville, Massachusetts 02144 RE: ICE FOIA Case Number 2021-ICFO-32190 Dear Al Lado: This acknowledges receipt of your March 9, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 1) Chapter 1.1, Section (V)(8)(h) of ICE's 2016 revision of its Performance Based National Detention Standards requires detention facilities to "ensure generators are functioning properly and have an adequate supply of fuel for a protracted situation." in the event of an adverse weather emergency, including but not limited to communications and written policies, relating to the:a)functioning of any generatorsb)availability of fuel, orc) power outagesat any detention facility in the Area of Responsibility of the New Orleans ICE Field Office (Louisiana, Mississippi, and Alabama) dated, sent, or received between February 8, 2021 and February 19, 2021; and 2) ICE's pandemic response requirements require that "Transfers of ICE detainees and non-ICE detained populations to and from other jurisdictions and facilities are discontinued unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, release or removal, or to prevent overcrowding. Detainee transfers for any other reason require justification and pre-approval from the local ERO Field Office Director. Detainee transfers must have cleared quarantine protocols and be cleared by ICE Health Services Corps. Detainee transfers for any other reason require pre-approval from the local ERO Field Office Director." Please send all communications sent or received between February 8, 2021 and February 19, 2021 to and from the Immigration Health Services Corps and the Field Office Director, Deputy Field Office Directors, and Assistant Field Office Directors in the New Orleans Field Office regarding transfers to and from any detention facilities within the New Orleans ICE Field Office Area of Responsibility.2) Please send all communications to and from the Field Office Director, Deputy Field Office Directors, and Assistant Field Office Directors in the New Orleans ICE Field Office sent or received between February 8, 2021 and February 19, 2021 containing the keywords "water" and one or more of the following terms:a) Adamsb) ACDCc) Etowahd) ECDCe) Allen Parishf) Richwoodg) RCCh) South Louisianai) SLIPCj) Winnk) WCCl) Riverm) RCCn) Pine Prairieo) PPIPCp) Jackson Parishq) JPCCr) Lasalles) LIPC3) Any significant incident reports regarding any detention facility or detainee within the New Orleans ICE Field Office Area of Responsibility dated between February 8, 2021 and February 19, 2021 (Date Range for Record Search: From 2/8/2021 To 2/21/2021). Your request was received in this office on March 9, 2021. 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 2021-ICFO-32190. 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 2021-ICFO-32190 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
From: Immigration and Customs Enforcement
Dear Al Lado,
The status of your ICE FOIA request #2021-ICFO-32190 has been updated to the following status 'In Process'. To log into the Department of Homeland Security PAL click on the Application URL below.
HTTPS://foiarequest.dhs.gov
Sincerely,
Department of Homeland Security
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 . Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
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 . Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
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 . Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
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 . Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
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 March 8, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
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 March 8, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #2021-ICFO-32190.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Dear Al Lado,
The status of your ICE FOIA request #2021-ICFO-32190 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
-
Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A cover letter granting the request and outlining any exempted materials, if any.
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Al Otro Lado
This is an appeal under the Freedom of Information Act.
On March 9, 2021, I requested documents under the Freedom of Information Act. On March 22, 2021, ICE assigned request number 2021-ICFO-32190 to this request and invoked a 10-day extension pursuant to 5 U.S.C. § 552(a)(6)(B). Although ICE released some of the records requested on November 4, 2021, it has yet to issue a determination regarding this request as it failed to determine and communicate the scope of the documents it intends to produce and withhold, and the reasons for withholding any documents and to inform AOL that it can appeal any adverse part of the determination.
Nonetheless, to the extent that this is a final disclosure under FOIA, we appeal numerous redactions made by the agency pursuant to FOIA Exemptions 6 and 7. FOIA's exemptions are “explicitly made exclusive and must be narrowly construed.” Milner v. Dep't of Navy, 562 U.S. 562, 565 (2011). FOIA Exemption 6 allows agencies to withhold information about individuals in "personnel and medical files and similar files" when the disclosure "would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(6). FOIA Exemption 7(C) allows agencies to withhold personal information compiled for law enforcement purposes when disclosure "could reasonably be expected to constitute an unwarranted invasion of personal privacy. 5 U.S.C. § 552(b)(7)(C). An agency must weigh the public interests for and private interests against disclosure rather than redacting all names across the board. See Am. Immigr. Laws. Ass'n v. Exec. Off. for Immigr. Rev., 830 F.3d 667, 674 (D.C. Cir. 2016). ICE redacted almost every name in their releases without any balancing of interests. As such, ICE improperly redacted information pursuant Exemptions 6 and 7(C).
FOIA Exemption 7(E) allows the government to withhold law enforcement information that "would disclose techniques and procedures for law enforcement investigations 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." 5 U.S.C. § 552(b)(7)(E). Much of the information redacted by ICE pursuant to Exemption 7(E) cannot conceivably be related to law enforcement investigations or prosecutions or raise a reasonable risk of circumvention of law. As such, ICE violated Exemption 7(E).
If you have any questions about handling this appeal, you reach us at jeremy@alotrolado.org
Thank you for your consideration of this appeal.
Sincerely,
Al Otro Lado
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request. Postmark: October 06, 2023
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Responsive Documents
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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