Friday Family-Removal 10.20 Materials

FOIA Here, FOIA There,
FOIA Everywhere
Javier N. Maldonado
Allison N. Boyle
Jmaldonado.law@gmail.com
Identify the information you seek
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Some of the documents FOIA can provide you with include:
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Visa approval notices
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Actual copies of visas
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Alien file
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Emails
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Passport records
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I-213
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Forms previously filed with each agency
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Handwritten notes
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Procedural notes about prior FOIA requests
Identify the agency that has the
information
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FBI
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DOL
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DOS
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USCIS
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ICE
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EOIR
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CBP
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OBIM
But which one has [insert information needed]
GOOD QUESTION!
https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/howfile-foia-privacy-act-request/submitting-foia-requests
USCIS FOIA
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Submit form G-639 by mail to:
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USCIS, National Records Center, FOIA/PA Office, P.O. Box 648010, Lee’s Summit, MO
64064
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By fax to: (802) 288-1793
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By email to: uscis.foia@uscis.dhs.gov
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Cost: free, but they can charge you up to $25.00 (if costs exceed what they
provide for free)
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Approximate wait time: 2-5 months
USCIS FOIA Practice Pointers
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If seeking prior petitions filed, talk to former counsel FIRST
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Make it routine!
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Having copies of prior petitions submitted protects you from future
allegations of ineffective assistance of counsel.
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Lack of consistency in applications/petitions = trouble
FBI Background Check
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Submit Form OMB1110-0052, Fingerprint Card by mail to:
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FBI CJIS Division – Record Request, 1000 Custer Hollow Road, Clarksburg,
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WV 26306
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Cost: $18
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Wait time: 4-5 months
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Important to get comprehensive list of charges, convictions, and arrests
nationwide
DOS FOIA
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No specific form to use.
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Request must include name, address, telephone number, detailed description
of information you seek, including the subject, timeframe, individuals
involved, and why the Department has those records.
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Cost: Free, but they can charge you up to $25.
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Send request by mail to:
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Office of Information Programs and Services, A/GIS/IPS/RL, U.S. Department of
State, Washington D.C. 20522
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Or by fax to: 202-261-8579
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Can also submit request electronically at: https://foia.state.gov/Request/
FreedomOfInformationAct.aspx
DOS FOIA Practice Pointers
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FOIA requests REALLY slow.
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Try to get the information you seek by calling DOS or through your local
Senator BEFORE making FOIA request.
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Requests almost always sent back for being too broad.
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If request has been pending for more than 1 year, contact your local
Congressman (DOS will give the info to them after 1 year).
DOL FOIA
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If you cannot determine the proper department within DOL that holds the
records, send request by mail to:
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Office of the Solicitor, Freedom of Information Request, Division of Management
and Administrative Legal Services, 200 Constitution Avenue, N.W., Room N-2420,
Washington, D.C. 20210;
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By fax attention FOIA Staff to: 202-693-5389; or
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By email to: foiarequests@dol.gov.
Otherwise, direct request to specific department.
EOIR FOIA
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Send E-27 and E-28 by mail to:
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U.S. Department of Justice, Executive Office for Immigration Review, Office of
General Counsel – FOIA Service Center, FOIA/Privacy Act Requests, 5107 Leesburg
Pike, Suite 1903, Falls Church, VA 22041
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Records EOIR have include Alien file
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Wait time: really depends on case 3 months to 1 year
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OJO!! If you request EOIR, USCIS or ICE FOIA during pendency
of removal cas case, it might delay your removal case
CBP FOIA
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ONLY accepts online requests through: https://foiaonline.regulations.gov/
foia/action/public/request/publicPreCreate
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Practice Pointers:
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There is a SEVERE backlog
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Requests taking > 1 yr.
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Many of the same records can be obtained more quickly through OBIM
ICE FOIA
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Submit G-639 and accompanying Affirmation/Declaration form (including
subjects name, date of birth, and authorized third party by mail to:
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FOIA Office, U.S. Immigration and Customs Enforcement, 800 North Capitol St.,
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NW, 5th Floor, Suite 585, Washington, DC 20536
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By fax to: 202-732-4265
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By email to: ICE-FOIA@dhs.gov
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Electronically via: http://www.ice.gov/webform/foia-request-form
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Wait time: 4-5 months
OBIM FOIA (formerly US-VISIT)
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Send G-639 and fingerprint card by mail to:
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OBIM FOIA, 245 Murray Lane, SW, Washington, DC 20598
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By Fax to: 202-298-5445
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By Email to: OBIM-FOIA@ice.dhs.gov
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Electronically via: http://www.dhs.gov/dhs-foia-request-submission-form
Practice Pointers:
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DO THIS FOIA to get info on removals or voluntary returns at the border.
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Much more convenient and faster the CBP FOIA’s.
What to expect – the bad
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Long delays
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No response or limited response
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Missing information because of “exemptions”
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Other missing information because the request was “referred” to another
agency
But this is taking forever…
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By regulation, the agency has 20 days to respond to a FOIA request. 5 USC §
552(a)(6)(A)(i).
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The agency can give itself an additional 10 working days to respond in the
case of “unusual circumstances,” as long as the agency gives the FOIA
requester notice in writing. 5 USC § 552(a)(6)(B)(i) and (iii).
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If no response within this time frame, all administrative remedies are
exhausted.
FOIA Appeals
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Appeal first to specific agency FOIA’d. Agency must respond within 20 days.
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Then proceed to federal litigation in the district where the complainant
resides.
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Government has 30 days to answer.
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In litigation, the agency must prove it has both conducted a legally adequate
search for all responsive agency records and that it is not unlawfully withholding
any responsive agency records.
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Most cases resolved on a motion for summary judgment.