Freedom of Information Act Activity for the Weeks of December 29, 2016-January 4, 2017
Privacy Office
January 10, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps
taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
NSTR
II.
On
Freedom of Information Act Requests
•
On December 30, 2016, Bradley Moss,
a representative with the
James Madison
Project
in Washington D.C, requested from Department of Homeland Security
(DI-IS) Secret Service records, including cross-references, memorializing written
communications — including USSS documentation summarizing verbal
communications —between USSS and the transition campaign staff, corporate
staff, or private staff of President-Elect Donald
J.
Trump. (Case Number HQ
2017-HQF0-00202.)
•
On December 30, 2016,
Justin McCarthy,
a representative with
Judicial Watch
in Washington, D.C., requested from United States Secret Service (USSS) records
concerning the use of U.S. Government funds to provide security for President
Obama's November 2016 trip to Florida. (Case Number USSS 20170407.)
•
On
January
3,2017,
Justin McCarthy,
a representative with
Judicial Watch
in
Washington, DE, requested from United States Secret Service (USSS) records
concerning, regarding, or relating to security expenses for President Barack
°ham's residence in Chicago, Illinois from
January
20, 2009 to
January
3,2017.
(Case Number USSS 20170417.)
•
On January 3,2017,
Justin McCarthy,
a representative with
Judicial Watch
in
Washington, D.C., requested from United States Secret Service (USSS) records
concerning, regarding. or relating to security expenses for President-Elect Donald
Trump and Trump Tower in New York, New York from November 9,2016 to
January 3,2017. (Case Number USSS 20170418.)
•
On January 3, 2017,
Joseph Trevithick,
a freelance journalist with
War is
Boring
in Alexandria, Virginia, requested from United States Secret Service
(USSS) records the Secret Service produced relating to the activities of President-
elect Donald Trump from December 31,2016 to January 1,2017, (Case Number
USSS 20170444.)
•
On January 3, 2017,
Eddie Burkhalter
a reporter with
The Anniston Star
in
Anniston, Alabama, requested from Federal Emergency Management Agency
(FEMA) emails from the Center for Domestic Preparedness (CDP) employees
regarding non-compliant M40A1 respirators with the National Institute of
Occupational Safety and Health (NIOSH) certification or Occupational Safety and
Health Administration (OSHA) regulations. (Case Number FEMA 2017-FEFO-
00697.)
•
On January 3,2017,
Colin A. Byrd,
an individual in Greenbelt, Maryland,
requested from Department of Homeland Security the January 3, 2017 letter
1
DHS Secretary Jeh Johnson to lawmakers saying not use Dreamer data for
deportations. (Case Number HQ 2017-HQF0-00207.)
•
On January 4, 2017, Kendall Taggart, a journalist with
Buzzfeed
in New York.
New York, requested from Department of Homeland Security (DHS) memos,
emails, or reports that DHS staff provided to the transition team between
December 4,2016 and January 4,2017 in response to questions about whether
DACA records had been changed. (Case Number HQ 2017-HQF0-00208.)
Late Requests
•
On December 14,2016,
Ian M. Smith, an Investigative Associate with
Immigration Reform Law Institute in Washington, D.C., requested from United
States Citizenship and Immigration Services (USCIS) statistics on adjustment of
status applications rejected due to suspected or documented welfare use. (Case
Number USCIS NRC2017000307.)
III.Freedom of Information Act Releases
•
On December 29, 2016, Federal Emergency Management Agency (FEMA)
released to Scott MacFarlane, a reporter with
NBC-4 Washington
in
Washington, D.C., emails sent or received by MaryAnn Tierney between 4:00pm
(Eastern) April 27, 2015 and 11:00pm (Eastern) April 28, 2015 that include the
keyword "Maryland" or "Baltimore." Portions of this response were withheld
pursuant to Freedom of Information Act Exemptions 2 and 6. (Case Number
FEMA 2015-FEF0-00506.)
•
On December 29, 2016, Federal Emergency Management Agency (FEMA)
released to Christie Smythe, a reporter with
Moomberg
in New York, New
York, 140 pages of FEMA annual agreements with all Write Your Own (WYO)
flood insurance carriers that were in effect as of August 29, 2005 and October 28,
2012. The records were released in full. (Case Number FEMA 2015-FEFO-
00116.)
•
On December 29, 2016. Federal Emergency Management Agency (FEMA)
released to Jason Leopold, an Investigative Reporter in Beverly Hills with
VICE
News
in Beverly Hills, California, 119 pages consisting of reports and studies
about asteroids and comets crashing into earth and the disaster preparedness
response. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions Sand 6. (Case Number FEMA 2014-FEF0-00838.)
•
On December 29, 2016, Federal Law Enforcement Training Centers (FLETC)
released to Thomas
H.
Jones, a representative with Cannon Research Group in
Annapolis, Maryland, 11 pages of correspondence between FLETC and
Congressman Michael McCaul (D-TX). Portions of this response were withheld
pursuant to Freedom of Information Act Exemption 6. (Case Number FLETC
FOIA 16-074.)
•
On December 30, 2016, United States Immigration and Customs Enforcement
(ICE) released to Jana Whalley, a student at the UCLA School of Law in
Topanga, California, 355 pages of statistical, contract, compliance, budgetary, and
complaint records pertaining to the South Texas Family Residential Center in
Dilley, Texas. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 6,7(C), and 7(E). (Case Number ICE 2016-ICF0-
19511.)
•
On December 30, 2016, Federal Emergency Management Agency (FEMA)
released to Nicky Woolf, a reporter with
The Guardian
in New York, New York,
one spreadsheet and 87 pages of summaries related to successful applications for
preparedness (non-disaster) grant funds and applications that asked for and
received funds for equipment categorized in the DI-IS Authorized Equipment List
under "13LE-00-SLTRV" (Equipment, Law Enforcement Surveillance). Portions
of this response were withheld pursuant to Freedom of Information Act
Exemption 7(E). (Case Number FEMA 2015-FEF0-00344.)
•
On December 30, 2016, Transportation Security Administration (TSA) released to
James King, a reporter with
ABC News
in Washington, DC, the total current
number of SIDA badges issued throughout airports in the United States. (Case
Number TSA 2017-TSF0-00068.)
•
On December 30, 2016, Transportation Security Administration (TSA) released to
Noah Pransky, an investigative reporter for
WTSP-TV
in Tampa Bay, Florida,
208 pages of material on all incidents of TSA employee misconduct in the state of
Florida for FY 2014 to October 19, 2015. (Case Number TSA 2016-TSFO-
00030.)
•
On December 30, 2016. Transportation Security Administration (TSA) released to
Lou Raguse from
KARP 11 News
in Minneapolis, Minnesota, three pages of data
showing the number of Transportation Security Officers (TS0s) separated each
month a the Minneapolis-St. Paul International Airport (MSP), the average
number of TSO's employed at MSP each month, the number of TSO's separated
each month nationally and the average number of TSO's employed nationally
each month. These records will be released in full. (Case Number TSA 2016-
TSF0-00202.)
•
On January 3,2017, Federal Emergency Management Agency (FEMA) released
to
Sam
Pearson, a reporter with Environment & Energy Publishing in
Washington, D.C., two pages of correspondence between DHS and former
Senator Hillary Clinton (D-NY) from the Enterprise Correspondence Tracking
System (ECT.) This record will be released in full. (Case Number FEMA 2016-
FEF0-00003.)
•
On
January
3,2017, Department of Homeland Security (DHS) released to
Lucinda Prentiss, an individual in Alexandria, Virginia, nine pages of formal
reasonable accommodation requests from December 2014 and December 15,
2016. (Case Number HQ 2016-HQF0-00555.)
•
On January 3, 2017, United States Immigration and Customs Enforcement (ICE)
released to Dave Hendricks, a representative with
MuckRock
in Boston,
Massachusetts, 476 pages of records from the Homeland Security Investigations
(HSI) public corruption case involving former Hidalgo County Sheriff Guadalupe
"Lupe" Trevino. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5, 6, 7(C) and 7(E). (Case Number ICE 2016-ICF0-
12018.)
•
On January 4, 2016, Depanment of Homeland Security (DHS) released to Luke
Mielke, an individual in Chicago, Illusions, 15 pages of email correspondence
from the Minnesota Fusion Center and National Operations Center between
November IS, 2015 and December
31, 2015. Portions of this response were
withheld pursuant to Freedom of Information Act Exemption 6, 7(C) and
7(E). (Case Number HQ 2016-HQF0-00478.)
•
On January 4,2017, United States Citizenship and Immigration Services (USCIS)
released to Cooper Levey-Baker, an Associate Editor with the
Sarasota
Magazine
in Sarasota, Florida, one Excel spreadsheet consisting of data
pertaining to the number of green cards applied and approved for 2011-2015 for a
list of zip codes in Florida. These records will be released in full. (Case Number
USCIS COW2016000020.)
•
On January 4, 2017, Department of Homeland Security (DHS) released to Shawn
Musgrave,
a reporter with
MuckRock News
in Boston, Massachusetts, 30 pages
pertaining to the DIG Report, OIG-13-115. Portions of this response were
withheld pursuant to Freedom of information Act Exemption 6. (Case Number
HQ 2016-HQF0-00282.)
•
IV. Freedom of Information Act Appeals
•
NSTR
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
NSTR
4
Freedom of Information Act Exemptions
Exemption 1:
classified national defense and foreign relations information
Exemption 2:
internal agency personnel rules and practices
Exemption 3:
information that is prohibited from disclosure by another federal law
Exemption 4:
trade secrets and other confidential business information
Exemption 5:
inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6:
information involving matters of personal privacy
Exemption 7:
records or information compiled for law enforcement purposes, to the extent
that the production of those records A) could reasonably be expected to interfere with
enforcement proceedings, B) would deprive a person of a right to a fair trial or all 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8:
information relating to the supervision of financial institutions
Exemption 9:
geological information on wells
5
6
Freedom of Information Act Activity for the Week of January 5- 11,2017
Privacy Office
January 19, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
NSTR
II. On Freedom of Information Act Requests
•
On January 5,2017, James West, digital editor with
Mother Jones
in New York,
New York, requested from Department of Homeland Security the following ICE
records: (1) Complaints lodged with ICE about Trump Model Management; (2)
Written USCIS documents (including but not limited to memoranda, letters,
emails and other written communications) detailing any final decisions to open or
not open ICE investigations into Trump Model Management; (3) Written
communications between ICE and Sen. Barbara Boxer (D-Calif.) or other
members of Congress re. Trump Model Management; (4) Written
communications between ICE and Trump Model Management or its
representatives; and (5) Publicly available investigative documents from ICE
pertaining to Trump Model Management. (Case Number HQ 2017-HQF0-
00211.)
•
On January 5,2017, Andrew McGill, a reporter with
Muckrock
in Somerville,
Massachusetts, requested from Department of Homeland Security the following
records: (1) Any written communication directed to the agency's executive
leadership from a member of the Trump administration transition team, the Trump
campaign, or a member of the Trump family, and received on or after Nov. 9,
2016; (2) Written communication from members of the Trump family including
Donald Trump, Melania Trump, Donald Trump Jr., Ivanka Trump, Eric Trump,
Tiffany Trump, and Jared Kushner; and (3) All electronic correspondence
received by an agency employee on or after Nov. 9,2016 from any email address
originating from the following domains: "donaldtrump.com
",
"donaldjtrump.com
-
or "ptt.gov
.
-
(Case Number HQ 2017-HQF0-00212.)
•
On January 5,2017, Kate Morrissey, a reporter with
San Diego Union Tribune
in San Diego, California, requested from United States Citizenship and
Immigration Services (USCIS) the number of affirmative and defensive asylum
applications for January 1, 2012 through December 31, 2016. (Case Number
USCIS C0W201700019.)
•
On January 5,2017, Justin McCarthy, a representative with Judicial Watch in
Washington, D.C., requested from United States Secret Service (USSS) records,
from November 9,2016 to January 5,2017, concerning, regarding, or relating to
security expenses for President-Elect Donald Trump's "Thank You Tour"
including visits to North Carolina, Michigan, Iowa, Pennsylvania, Florida, and
Alabama. (Case Number USSS 20170471.)
1
•
On January 6, 2017, Brendan O'Connor, a reporter with
Gizmodo Media Group
in New York, New York, requested from Depanment of Homeland Security any
emails from November 8,2016 to November 9,2016, that mention the word
"Trump" in the subject or body of the email from or to the following DHS
personnel: ( 1 ) Secretary Jeh Johnson: (2) Acting Deputy Secretary Russell C.
Deyo; (3) Chief of Staff Paul M. Rosen; (4) Executive Secretary Dr. Kimberly
O'Connor; (5) General Counsel Stevan E. Bunnell; (6) Military Advisor Rear
Admiral Joanna Nunan; (7) Under Secretary, National Protection & Programs
Directorate, Suzanne Spaulding; (8) Under Secretary, Science and Technology,
Dr. Reginald Brothers; (9) Under Secretary, Office of Intelligence and Analysis,
Francis X. Taylor; (10) Director, U.S. Citizenship and Immigration Services,
Leon Rodriguez; (11) Director, U.S. Secret Service, Joseph Clancy; and (12)
Officer for Civil Rights & Civil Liberties, Megan H. Mack. (Case Number HQ
2017-HQF0-00217.)
•
On January 6,2017, Sean Sherman, a representative with
Public Citizen
in
Washington, D.C., requested from United States Secret Service (USSS) records,
from November 9, 2016 through the date of processing of this request, pertaining
to the following: (1) Current and future coordination between the United States
Secret Service and any person or entity providing private security to President-
elect Donald Trump; (2) Plans for the sharing of information between the United
States Secret Service and any person or entity providing private security to
President-elect Trump, including but not limited to the sharing of the Secret
Service's Master Central Index or other confidential databases; (3) Confidentiality
agreements entered into between the United States Secret Service and any person
or entity providing private security to President-elect Trump; (4) The costs that
have been incurred or are expected to be incurred by the government related to
President-elect Trump's use of private security; and (5) The costs that have been
incurred or are expected to be incurred by the government related to continued
use by President-elect Trump and his family of his home in New York, as well as
his other residences in the United States. (Case Numbers USSS 20170482, USSS
20170483, USSS 20170484, USSS 20170485 and USSS 20170486.)
•
On January 8.2017, Carol Leonnig, a reporter with
The Washington Post
in
Washington, DE., requested from Department of Homeland Security (DHS)
Office of Inspector General (01G), records relating to a closed investigation of a
senior Secret Service employee who had a potential conflict of interest with a
subordinate employee. (Case Number OIG 2017-IGF0-00048.)
•
On January 8,2017, Carol Leonnig, a reporter with
The Washington Post
in
Washington, D.C., requested from Department of Homeland Security (DHS)
Office of Inspector General (OIG), records relating to a report on Xavier Morales
a senior Secret Service employee for alleged misconduct. (Case Number OIG
2017-IGF0-00049.)
•
On January 8.2017, Carol Leonnig, a reporter with
The Washington Post
in
Washington, DE., requested from Department of Homeland Security (DHS)
Office of Inspector General (01G), records relating to the report and post-death
investigation concerning Rafael Prieto, former Secret Service agent who
committed suicide on or about 10/27/2012. (Case Number OIG 2017-IGFO-
00050.)
•
On January 9,2017, Michael Best, a reporter with
Muckrock
in Somerville,
Massachusetts, requested from Department of Homeland records relating to
Operation Ghost Stories, AKA the Illegals Program, and all correspondence
relating to this case including negotiations relating to the associated prisoner
swaps, plea deals, etc. (Case Number HQ 2017-HQF0-00220.)
•
On January 9, 2017, Jason Leopold, all investigative reporter with
VICE Ne
ws
Beverly Hills, California, requested from Department of Homeland records,
which includes but is not limited to intelligence bulletins, threat assessments,
reports, mails, memoranda, ill the possession of certain divisions of the
Department of Homeland Security, Joint Terrorism Task Forces, that mentions or
refers to the following: (1) Russian state controlled broadcast network, "RT;" (2)
"Russia Today;" (3) "RT America;" (4) "RT Arabic;" (5) the RT show "Breaking
the Set;" and (6) SPUTNIK INTERNATIONAL, commonly referred to as
SPUTNIK, whose url is
www.sputniknews.com
.
(Case Number HQ 2017-
HQF0-00227.)
•
On January 9, 2017, Matt Novak, an editor with
Gizmodo and Gawker Media
in
Los Angeles, California, requested from Department of Homeland Security
(DHS), Office of Inspector General (DIG), records relating to OIG hotline
complaint summaries that include the phrase "rapid" from January 2010 to
January 2017. (Case Number OIG 2017-IGF0-00051.)
•
On January 10,2017, Ryan Shapiro, a PhD candidate with Massachusetts
Institute of Technology in Cambridge, Massachusetts. and Jason Leopold,
Senior Investigative Reporter with
VICE News
in Beverly Hills, California,
requested from Department of Homeland the following: (1) Correspondence
and/or other communications from, to, mentioning, or referring to Jefferson
Beauregard "Jeff Sessions III (aka Jeff Sessions) from January 1, 1975 to the
date of the search; (2) Other records mentioning or referring to Jefferson
Beauregard "Jeff" Sessions III (aka Jeff Sessions) from January 1, 1975 to the
date of the search; (3) Records mentioning or referring to the organization Judicial
Crisis Network from January 1,2005 to the date of the search; and (4) Records
mentioning or referring to confirmsession.com
from November 1, 2016 to the
date of the search. (Case Number HQ 2017-HQF0-00224.)
•
On January 10,2017, Clifford Smith, Washington Project Director with Middle
East Forum in Philadelphia, Pennsylvania, requested from Department of
Homeland the following: (1) Any document related to the criteria used by the
Department of Homeland Security (DHS) for evaluating and awarding Countering
Violent Extremism (CVE) grants that began to be distributed by DHS on
December 1,2016, that have been announced and will continue to be announced
in the proceeding months: (2) Documents that provide information concerning
what applicants were awarded grants, which were denied grants, and the reasons
they were accepted or denied, are also requested including lists of accepted
applicants, lists of rejected applicants, any memoranda explaining the reasons
behind accepting and rejecting applicants, emails stating which applicants were
accepted and rejected, other documents explaining why various applicants were
accepted or rejected, or other similar documents; and (3) All documents
containing information as to which applications were accepted or rejected, and
what criteria DHS used to make such decisions. (Case Number HQ 2017-HQF0-
00228.)
•
On January 10,2017, Brandan O'Connor, a staff reporter with
Gizmodo Media
Group
in New York, New York, requested from United States Citizenship and
Immigration Services (USCIS) emails sent or received by Leon Rodriguez
mentioning "Trump" on November 8-9, 2016. (Case Number USCIS
COW201700030.)
•
On January 11,2017, Jason Kandel, Digital News Producer with
NBC4
Southern California,
in Universal City, California, requested from Federal
Emergency Management Agency (FEMA) the FEMA Remedial Action
Management Program database for incidents from January 1,2016 to January 11,
2017 for FEMA Region IX. (Case Number FEMA 2017-FEF0-00848.)
•
On January 11,2017, Sean Dunagan, an investigator with Judicial Watch in
Washington, D.C., requested from Department of Homeland records regarding,
concerning, or related to the designation of state elections systems as critical
infrastructure pursuant to Presidential Policy Directive (PPD) 21 to include
communications between any official, employee, or representative of the
Department of Homeland Security and any state elections official regarding ,
concerning, or related to the designation within the timeframe of August 1, 2016
to January 11, 2017. (Case Number HQ 2017-HQF0-00232.)
Late Requests
•
On December 5,2016, Jason Leopold, an investigative reporter with
VICE News
in Beverly Hills, California, requested from National Protection and Policy
Directorate (NPPD), records, which includes but is not limited to intelligence
bulletins, threat assessments, reports, emits, memoranda, in the possession of
certain divisions of the Department of Homeland Security, (see offices this
request is addressed to above), Joint Terrorism Task Forces, that mentions or
refers to the protests at Standing Rock Indian Reservation, Standing Rock,
Standing Rock, Dakota Access Pipeline, Dakota Access Oil Pipeline, Standing
Rock Pipeline and Army Corps of Engineers, Morton County Sheriff's
Department and water cannons, Morton County Sheriff's Department and tear
gas. (Case Number NPPD 2017-NPF0-00089.)
•
On December 6,2016, Jason Lange, a reporter with
Reuters
in Washington,
D.C., requested from National Protection and Policy Directorate (NPPD)
cybersecurity incident logs submitted to and processed by the National
Cybersecurity and Communications Integration Center between October I, 2016
and November 22, 2016 which included the words "election" or "electoral" or
"vote" or "voting" or "voter." (Case Number NPPD 2017-NPF0-00084.)
•
On December 9,2016, Curtis Waltman, an individual with
Muckrock
in
Somerville, Massachusetts, requested from National Protection and Policy
Directorate (NPPD), documents relating to any agreements, contracts or instances
where the Department loaned out a cell site simulator (including StingRay,
4
AmberJack, Hailstorm, Kingfish, Gossamer, Triggerfish, or DRTbozes) to
another law enforcement department. (Case Number NPPD 2017-NPF0-0009 I.)
•
On December 9,2016, Kirsti Jesperson, an investigator with Judicial Watch in
Washington DC, requested from National Protection and Policy Directorate
(NPPD) communications, reports, assessments, investigations, or databases
concerning or referring to the transportation of tentrists, extremists, drug
traffickers, human traffickers, and/or illegal aliens/unauthorized residents via
inter-state air and rail travel. (Case Number NPPD 2017-NPEO-00090.)
•
On December 10, 2016, Curtis Waltman, an individual with
Muckrock
in
Somerville, Massachusetts, requested from National Protection and Policy
Directorate (NPPD), all documents relating to any contracts, purchase orders, or
other financial documentation produced from the acquisition of FinFisher (also
known as FinSpy) made by Lench IT solutions PLC; any policies governing the
use of FinFisher; any available documentation about when and how FinFisher is
used; documentation about any oversight of the use of FinFisher. (Case Number
NPPD 20 I 7-NPF0-00131.)
•
On December 10,2016, William Marshall, an investigator with Judicial Watch
in Washington DC, requested from National Protection and Policy Directorate
(NPPD) records from October I, 2016 to December 10, 2016 relating to reported
cyberattacks against the Georgia Secretary of States information network
involving DI-IS and/or it employees or contractors, including but not limited to,
investigative reports, memoranda, and correspondence and cmails sent to or from
DHS officials regarding the aforementioned reported OHS-related cyberattacks,
including but not limited to emails between DHS officials, and between DHS
officials and Georgia state or other federal government officials. (Case Number
NPPD 2017-NPF0-00130.)
•
On December 10, 2016, Joseph Cox, a reporter with
Muckrock
in Somerville,
Massachusetts and with
Motherboard,
requested from National Protection and
Policy Directorate (NPPD) documents relating to all incident reports about,
concerning, or related to cyber-attacks on the agency from January 1,2010 to
December 10, 2016. (Case Number NPPD 2017-NPF0-00129.)
•
On December 10,2016, Kirsti Jesperson, an investigator with Judicial Watch in
Washington DC, requested from National Protection and Policy Directorate
(NPPD) the minutes of all meetings and gatherings from January 2009 to
December 10, 2016 held by NPPD for the President's National Security
Telecommunications Advisory Committee. (Case Number NPPD 2017-NPF0-
00127.)
III.Freedom
of Information Act Releases
•
On January 5,2017, United States Customs and Border Protection (CBP) released
to Jennifer Newell, an attorney with American Civil Liberties Union (ACLU)
in San Francisco, California, three pages of program instruction for age
determination of Unaccompanied Alien Children. Portions of this response were
withheld pursuant to Freedom of Information Act Exemptions 6 and 7(C) . (Case
Number CBP CBP-2015-048442.)
5
•
On January 5, 2017, United States Immigration and Customs Enforcement (ICE)
released to Matt Novak, an editor with
Gizmodo and Gawker Media
in Los
Angeles, California, a spreadsheet with data of all deaths that have occurred at
immigration detention centers inside the United States to include those managed
by private corporations from September 1, 2006 to September 1, 2016. This
record was released in full. (Case Number ICE 2017-ICF0-00238.)
•
On January 5,2017, United States Citizenship and Immigration Services (USCIS)
released to Ted Hessen, a labor reporter with
POLITICO Pro
in Arlington,
Virginia, three pages consisting of the termination notice for Virginia Center for
Foreign Investment and Job Creation. This record was released in full. (Case
Number USCIS COW2016001003.)
•
On January 6.2017, United States Customs and Border Protection (CBP) released
to Michael Buczyner, a reporter with
CB5I2
in West Palm Beach, Florida, 31
pages of data consisting of Miami Sector apprehensions. Portions of this response
were withheld pursuant to Freedom of Information Act Exemption 7(E). (Case
Number CBP CBP-2016-068083.)
•
On January 6, 2017, Department of Homeland Security (DHS) released to Chad
Day, a reporter with
The Associated Press
in Washington, D.C., four pages
consisting of DHS Secretary Jeh Johnson and DHS Chief of Staff Paul Rosen
correspondence. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 6 and 7(C). (Case Number HQ 2017-ITQF0-00139.)
•
On January 6, 2017, Department of Homeland Security (DHS) released to Cohn
A. Byrd, an individual in Greenbelt, Maryland, a two page letter, dated December
30, 2016, from Secretary Jeh Johnson to Representative Judy Chu (D-CA)
pertaining to the use Deferred Action for Childhood Arrivals (DACA) data for use
in deportations. This record was released in full. (Case Number HQ 2017-
HQF0-00207.)
•
On January 9, 2017, Department of Homeland Security (DHS) released to Steve
Reilly, a reporter with
USA Today
in McLean, Virginia, 14 pages consisting of
the DHS response to the July 15, 2016 letter from the Senate Committee on the
Judiciary inquiring about Omar Mateen. Portions of this response were withheld
pursuant to Freedom of Information Act Exemptions 6 and 7(E). (Case Number
HQ 2016-HQF0-00513.)
•
On January 9,2017, Transportation Security Administration (TSA) released to
Alex Dominguez, a reporter for
The Associated Press
in Baltimore, Maryland, 35
pages pertaining to an incident involving Mr. Matusiewics at the Las Vegas
Airport. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5 and 6. (Case Number TSA 2013-TSPA-00517.)
•
On January 9,2017, United States Citizenship and Immigration Services (USCIS)
released to Leslie K. Dellon, a representative with American Immigration
Council in Washington, D.C., one spreadsheet containing statistics pertaining to
H-1B fees for fiscal years 2006 through 2016. This record was released in
full. (Case Number USCIS C0W2016001093.)
•
On January 11,2017. United States Customs and Border Protection (CBP)
released to Martha Mendoza, a reporter with
The Associated Press
in Santa
Cruz, California, 404 pages of contract or budget related records, audit logs and
6
investments pertaining to eybersecurity. Portions of this response were withheld
pursuant to Freedom of Information Act Exemptions 3, 4, 6, 7(C), and 7(E).
(Case Number CBP CBP-2014-026108.)
•
On January 11,2017, Department of Homeland Security (DHS) released to
Wagas Mirza, an individual with
MuckRock News
in Somerville, Massachusetts,
22 pages consisting of a PowerPoint Presentation addressing Domestic
Terrorism. Portions of this response were withheld pursuant to FOIA Exemptions
3 and 6. (Case Number HQ 2016-HQF0-00488.)
•
On January 11,2017, United States Citizenship and Immigration Services
(USCIS) released to Jenna Fowler, an individual with
MuckRock News
in
Sommerville, Massachusetts, 50 pages and one spreadsheet related to the
processing time for Deferred Action for Childhood Act renewals in 2016 and
policies pertaining to decreasing processing time of Deferred Action for
Childhood Act renewals since the Presidential election on November 8,
2016. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 5. (Case Number USCIS C0W2016001177.)
IV. Freedom of Information Act Appeals
•
NSTR
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
In the matter of
Color
of
Change (CoC) and Center for Constitutional Rights
(CCR) v. DHS et at,
(S.D.N.Y. 16-08215), plaintiff filed a Freedom of
Information Act (FOIA) request on July 5,2015 seeking numerous records
relating to federal government surveillance and monitoring of protest activities
related to the Movement for Black Lives (MBL), requesting a fee waiver and
requesting expedited processing. On October 20, 2016, plaintiff filed a lawsuit
for lack of response and inadequate search. No productions to date.
•
In the matter of
ACLU v. DHS et at
,(D.D.C. 16-00221), plaintiff filed a Freedom
of Information Act (FOIA) request on March 13, 2015 seeking release of
numerous categories of records relating to Countering Violent Extremism (CVE)
from DHS, DOJ, FBI, ODNI, DOS, HHS, Dept. of Education. On February 10,
2016, the plaintiff filed a lawsuit for lack of response, inadequate search and
improper withholding of documents. On October 31, 2016, NPPD issued the first
interim release consisting of 54 pages of records. On November 30, 2016, NPPD
issued the second interim release consisting of 10 pages of records. On December
30, 2016, NPPD issued the third interim release consisting of 5 pages of records.
•
In the matter of
Southern Poverty Law Center v. Department of Homeland
Security, et at ,(No. 1:16-mi-99999-UNA),
plaintiff filed a Freedom of
Information Act (FOIA) request on January 7,2016 seeking records relating to
immigration enforcement operations (immigration raids). On August 9, 2016,
plaintiff filed a lawsuit claiming constructive denial, and sought a preliminary
7
injunction to compel production. On January 5,2017, ICE released to plaintiff
981 pages of records.
•
In the matter of
Gellman v. DHS, (D.D.C. 15-cv-00635),
plaintiff filed a Freedom
of Information Act request on July 6, 2015 seeking records pertaining to records
on himself. Plaintiff filed a lawsuit on April 4,2016 claiming constructive denial.
On January 7, 2017, Department of Homeland Security (DHS), Privacy Office
(PRIV), released to plaintiff 2,221 pages of records.
•
In the matter of
Leopold v. National Security Agency, et at. (D.D.C. 15-cv-
00999),
plaintiff filed a Freedom of Information Act request on April 28, 2015
seeking records related to the detention and search of Jacob Appelbaum. Plaintiff
filed a lawsuit on June 24, 2015 claiming constructive denial. On January 11,
2017, Department of Homeland Security (DHS), Privacy Office (PRIV), released
to plaintiff 540 pages of records.
•
In the matter of
American Civil Liberties Union v. Department of Homeland
Security, et at (D.D.0 16-cv-00221),
plaintiff filed a Freedom of Information Act
request on May 13, 2015, seeking records related to the Department's CVE
program. On February 10, 2016, plaintiff filed a lawsuit claiming constructive
denial. During the reporting period, Department of Homeland Security (DHS),
released to plaintiff 630 pages of records.
8
Freedom of Information Act Exemptions
Exemption 1: classified national defense and foreign relations information
Exemption 2: internal agency personnel rules and practices
Exemption 3: information that is prohibited from disclosure by another federal law
Exemption 4: trade secrets and other confidential business information
Exemption 5: inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6: information involving matters of personal privacy
Exemption 7: records or information compiled for law enforcement purposes, to the extent
that the production of those records 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: information relating to the supervision of financial institutions
Exemption 9: geological information on wells
9
Freedom of Information Act Activity for the Week of January 12 - 18, 2017
Privacy Office
January 27, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
NSTR
II. On Freedom of Information Act Requests
•
On January 12, 2017, Melissa del Bosque a reporter with
The Texas Observer
in
Austin, Texas, requested from United States Customs and Border Protection
(CBP) records regarding convictions or charges associated with smuggling,
bribery, unauthorized access to DHS databases or other corruption activities
regarding Customs or Border Patrol agents from 2010 to 2016. (Case Number
CBP CBP-2017-022603.)
•
On January 13, 2017, Mike Davis, an individual with Muckrock News in
Somerville, Massachusetts, requested from National Protection and Protection
Directorate (NPPD) documents, emails and any public records regarding the
security bulletin ICS-VU-487970 and why it was not published. (Case Number
NPPD 2017-NPF0-00141.)
•
On January 12, 2017, Daniel Greene, an Assistant Professor of Finance with
Clemson University in Clemson, South Carolina, requested from Department of
Homeland Security (DHS) electronic correspondence received by or originating
from Alejandro Mayorkas regarding corporate board of director positions between
December 23, 2013 and January 20, 2017 when Mr. Mayorkas was employed by
the Department of Homeland Security as Deputy Secretary of Homeland Security.
(Case Number HQ 2017-HQF0-00230.)
•
On January 12, 2017, Daniel Greene, an Assistant Professor of Finance with
Clemson University in Clemson, South Carolina, requested from Department of
Homeland Security (DHS) electronic correspondence received by or originating
from Jeh Johnson regarding corporate board of director positions between
December 23, 2013 and January 20, 2017 when Mr. Johnson was employed by
the Department of Homeland Security as Secretary of Homeland Security. (Case
Number HQ 2017-HQF0-00231.)
•
On January 13, 2017, Waqas Mirza, a journalist with
Muckrock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) all applications received in response to DHS FY 2016 Countering Violent
Extremism Grants Offer (DHS-16-0CP-132-00-01). (Case Number HQ 2017-
HQF0-00229.)
•
On January 13, 2017, Tami Abdollah, a reporter with
The Associated Press
in
Washington, D.C., requested from Department of Homeland Security (DHS) all
the proposals for grants that were awarded under the DHS Violent Extremism
(CVE) program, and a list of all organizations that submitted grant proposals
1
including organization, amount requested and program aim. (Case Number HQ
2017-HQF0-00233.)
•
On January 17, 2017, Yaman Salahi, an attorney in Oakland. California,
requested from Department of Homeland Security (DHS) the following: (1) All
applications for grant funding pursuant to the CVE program received in this
application cycle (FY2016), including applications which were not approved for
funding; and (2) All documents related to the 31 grants awarded, including the
identity of the applicant, any records evidencing an agreement to accept the grant
funding, and all records related to the terms, conditions, or reporting requirements
of the grant funding. (Case Number HQ 2017-HQF0-00235.)
•
On January 17, 2017, Allen Blutstein, Vice President, FOIA Operations, with
America Rising in Arlington, Virginia, requested from Department of Homeland
Security (DHS) emails sent and received by the Designated Agency Ethics
Official from January 9,2017 through January 13, 2017, that mention or refer to
OGE Director Walter Shaub (excluding internal news clippings and public source
material). (Case Number HQ 2017-HQF0-00240.)
•
On January 17, 2017, Todd Shepherd, an individual with
Muckrock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) all audio recordings of Secretary of Homeland Security Jeh Johnson
speaking with a journalist or journalists or speaking before an audience which
audio recordings were made by or maintained by or are in in the custody of either
Secretary Johnson and/or any member of the Homeland Security Department's
media team and/or press team. (Case Number HQ 2017-HQF0-00245.)
Late Requests
•
On April 21, 2016, Astrid Galvan, a reporter with
The Associated Press
in
Tucson, Arizona, requested from United States Customs and Border Protection
(CBP) the U.S. Border Patrol/CBP written policy on vehicle pursuits. (Case
Number CBP CBP-2016-035263.)
•
On January 5.2017, Kimberly Hermann, an attorney with Southeastern Legal
Foundation in Marietta, Georgia, requested from National Protection and
Protection Directorate (NPPD) records relating to, regarding, or referencing any
attempt by DHS in 2016 to scan, infiltrate, penetrate, or otherwise access any
computer, computer system. network or infrastnicture maintained or used by the
Office of the Georgia Secretary of State including, but not limited to, any website,
intranet, voter database, or elections system, including relevant personnel files.
(Case Number NPPD 2017-NPF0-00140.)
•
On January 9.2017, Gregory Laufer, a representative with Weiss, Rifkind
Wharton & Garrison on behalf of Center for Constitutional Rights in New
York, New York, requested from National Protection and Programs Directorate
(NPPD) data and statistical information from 2002-2011 regarding the National
Security Entry-Exit Registration System (NSEERS), excluding Alien files, related
to the individuals registered, referred to investigation, arrested, detained, charged,
convicted and/or deported under NSEERS. (Case Number NPPD 2017-NPF0-
00139.)
III. Freedom of Information Act Releases
•
On January I I, 2017, Transportation Security Administration (TSA) issued to
Olivia Heinle, a producer with
TMZ News
in Los Angeles, California, a no
records determination in response to a request for any video or picture related to
any incident involvindotn
at the Cleveland Hopkins Airport from
June 2016 to January 11,2017. (Case Number TSA 2017-TSF0-00003.)
•
On January 12, 2017, Department of Homeland Security (DHS) released to Chad
Day, a reporter with
The Associated Press
in Washington, D.C., four pages
consisting of DHS Secretary Jeh Johnson and DHS Chief of Staff Paul Rosen
correspondence. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 6 and 7(C). (Case Number HQ 2017-H0EO-00139y
•
On January 12, 2017, Federal Emergency Management Agency (FEMA) released
to George Joseph, a reporter with
The Intercept
in New York, New York,
records including emails from FEMA Region Centers that mention or refer to
Black Lives Matter. Portions of this response were withheld pursuant to Freedom
of Information Act Exemptions 5 and 6. (Case Number FEMA 2015-FEFO-
00435.)
•
On January 12, 2017, United States Citizenship and Immigration Services
(USCIS) released to Alberto Moya, a producer with
CNN
in Los Angeles,
California, one spreadsheet with data pertaining to the number of naturalization
applications nationwide received, approved, denied and pending from June 30,
2016 to November 30, 2016. This record was released in full. (Case Number
USCIS C0W2016001137.)
•
On January 13, 2017, United States Immigration and Customs Enforcement (ICE)
released to Lela Larson, a reporter with the
Ogden Standard Examiner
in
Ogden, Utah, one spreadsheet showing the number of deportations in the state of
Utah, by year and county from Fiscal Year 2001 to Fiscal Year 2017 (year to
date.) The spreadsheet was released in full. (Case Number ICE 2016-ICE0-
08018.)
•
On January 17, 2017, Federal Emergency Management Agency (FEMA) released
to Matt Stanley, a reporter with
WA FR-TV
in Baton Rouge, Louisiana, a
spreadsheet with data of the monetary amounts distributed to flood victims in
Louisiana as individual disaster assistance by zip code for applicants who lived in
parishes that qualified under the major disaster declared on August 14,2016
(Incident period: August 11, 2016). This record was released in full. (Case
Number FEMA 2016-FEF0-02503.)
•
On January 17, 2017, United States Citizenship and Immigration Services
(USCIS) released to Thomas Jones, a reporter with Cannon Research Group in
Annapolis, Maryland, 1,404 pages of correspondence between USCIS and
Congressman Michael McCaul (R-TX). Portions of this response were withheld
pursuant to Freedom of Information Act Exemptions 5 and 6. (Case Number
USCIS C0W2016000819.)
•
On January 18, 2017, United States Customs and Border Protection (CBP)
released to Andrew Becker, a reporter with The Center for Investigative
Reporting in Emeryville, California, 1,190 pages pertaining to individuals
apprehended and/or arrested by the Border Patrol who were referred for
prosecution for fiscal years 2003 to 2016. These records were released in
full. (Case Number CBP CBP-2017-006584.)
•
On January 18, 2017, United States Citizenship and Immigration Services
(USCIS) released to Chris Ingalls, a reporter with
King 5 Television
in Seattle,
Washington, 18 pages pertaining to Arcan Cetin that may pertain to emails,
reports, and records of investigation pertaining to his citizenship since September
23, 2016. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5, 6, 7(C) and 7(E). (Case Number USCIS
COW2016001033.)
•
On January 18, 2017, United States Citizenship and Immigration Services
(USCIS) released to Ian M. Smith, an Investigative Associate with Immigration
Reform Law Institute in Washington, D.C., one spreadsheet of data pertaining to
parole grants given from FY2011 to present. Portions of this response were
withheld pursuant to Freedom of Information Act Exemption 6. (Case Number
USCIS C0W2016000883.)
•
On January IS, 2017, United States Citizenship and Immigration Services
(USCIS) released to Michael Bekesha, a representative with Judicial Watch in
Washington, D.C., 887 pages of records related to Deferred Action for Childhood
Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful
Permanent Residents including records associated with the leased space in Crystal
City, Virginia. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 2, 4, 5, 6 and 7(E). (Case Number USCIS
COW2015000107.)
•
On January 18, 2017, Transportation Security Administration (TSA) released to
Nicole Doll, a reporter with
WXIX Fox 19
in Cincinnati, Ohio, 47 pages of
incident reports related to the Cincinnati/Northern Kentucky International Airport
and Dayton International Airport from 2012 to 2013. Portions of this response
were withheld pursuant to Freedom of Information Act Exemptions 3, 6, and
7(C). (Case Number TSA 2014-TSF0-00267.)
IV.Freedom of Information Act Appeals
•
NSTR
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
In the matter of
National Immigrant Justice Center v. ICE, et at ,
(No. 1.6-
00204-RC), plaintiff filed a Freedom of Information Act (FOIA) request on July
1, 2014 seeking records relating to Detention Bed Mandate. Plaintiff filed a
lawsuit on February 5,2016 claiming constructive denial and sought a
preliminary injunction to compel production. On January 12, 2017, ICE released
to plaintiff 5.441 pages of records.
•
In the matter of
American Civil Liberties Union v. ICE,
(No. 3:16-cv-06066),
plaintiff filed a Freedom of Information Act (FOIA) request on October 5,2015
seeking records relating to civil enforcement priorities in parole decisions for
4
noncitizens found to have a credible fear of persecution or torture. Plaintiff filed
a lawsuit on October 20,2016 claiming improper withholdings, inadequate
search, and sought a preliminary injunction to compel an adequate search. On
January 10, 2017, ICE released to plaintiff 612 pages of records and 9 Excel
spreadsheets.
•
In the matter of
Detention Watch Network v. DHS,
(S.D. NY. 1:14-cv-00.583),
the plaintiff filed a Freedom of Information Act request on November 25, 2013,
as modified March 25, 2014, seeking records pertaining to the Detention Bed
Mandate. Plaintiff filed a lawsuit on January 30, 3014, claiming constructive
denial. On January 17, 2017, Department of Homeland Security, Privacy Office,
(PRIV) released 1,953 pages.
5
Freedom of Information Act Exemptions
Exemption 1: classified national defense and foreign relations information
Exemption 2: internal agency personnel rules and practices
Exemption 3: information that is prohibited from disclosure by another federal law
Exemption 4: trade secrets and other confidential business information
Exemption 5: inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6: information involving matters of personal privacy
Exemption 7: records or information compiled for law enforcement purposes, to the extent
that the production of those records 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: information relating to the supervision of financial institutions
Exemption 9: geological information on wells
6
Freedom of Information Act Activity for the Week of January 25, 2017 to February 1,2017
Privacy Office
February 9, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
NSTR
II. On Freedom of Information Act Requests
•
On January 25, 2017, Patrick Terpstra, Senior News Producer with
Cox Media
Group
in Washington, D.C., requested from Federal Emergency Management
Agency (FEMA) the following: (1) Correspondence from and to Senator Marco
Rubio (R-FL) concerning "Request Urban Area Security Initiative re-evaluation
for Orlando, Florida," work flow number 1126353 as described in the June DHS
congressional correspondence log; (2) Correspondence from and to
Representative Jason Chaffetz (R-UT) concerning "information related to
Orlando's Risk Profile," work flow number 1126429 as described in the June
DHS congressional correspondence log; and (3) Correspondence from and to
Senator Bill Nelson (D-FL) concerning "(name redacted) who feels he was
subjected to a terrorist threat," work flow number 1126901 in the June DHS
congressional correspondence log, (Case Number FEMA 2017-FEF0-01134.)
•
On January 26, 2017, Curtis Waltman, a representative with MuckRock News
in Somerville, Massachusetts, requested from Federal Law Enforcement Training
Centers (FLETC) all requests from local or state law enforcement agencies
wishing to hold a FLETC course in or near their own jurisdiction from January 1,
2012 to the present to include the following: (1) Active Shooter Threat Training
Program; (2) Advanced Instruction for Marksmanship; (3) All-Terrain Vehicle
Training Program; (4) Advanced Pistol Training Program; (5) Continuing Legal
Education Training Program-Uniformed Police: (6) Covert Electronic Tracking
Program; (7) Internet Investigations Training Program; (8) Introduction to Digital
Evidence Analysis; (9) Mobile Device Investigations Program; (10) Use of Force
Instructor Training Program; and (II) Land Transportation Antiterrorism Training
Program. (Case Number FLETC FOIA 17-032.)
•
On January, 26, 2017, Allan Blutstein, a representative with America Rising in
Washington, D.C., requested from Department of Homeland Security (DHS)
correspondence from Senator Clair McCaskill (D-MO) contained in workflows
1135371, 1136254 and 114587 in the Enterprise Correspondence Tracking
System (ECT.) (Case Number HQ 2017-HQF0-00265.)
•
On January 26, 2017, Stephanie Garland, a reporter with
KS?!? (ABC affiliate)
in Springfield, Missouri, requested from Transportation Security Administration
(TSA) the turnover rate of TSA employees at the Branson Airport for the past five
years. (Case Number TSA 2017-TSF0-00114.)
•
On January 26, 2017, Lynn Davis, a producer with
ABC News/WJLA-TV
in
Arlington, Virginia, requested from Transportation Security Administration
1
(TSA) copies of the following from January!, 2014 to the January 26, 2017: (1)
Passenger complaints against the TSA and/or TSA employees at
Baltimore/Washington International Airport (BWI), Washington Dulles
International Airport (IAD), and Reagan Washington National Airport (DCA); (2)
Total number of passengers screened annually at all US airports; (3) Total number
of complaints received annually for all US airports combined; (4) The top five US
airports with the highest number of passenger complaints; and (5) Average
number of passengers screened daily by the TSA at BWI, IAD, and DCA. (Case
Number TSA 2017-T5F0-00116.)
•
On January 27, 2017, Joel Scala, Project Attorney with Natural Resources
Defense Council, Inc. in Chicago, Illinois, requested from Federal Emergency
Management Agency (FEMA) the following; (1) The most recent Community
Assistance Visit (CAV) Narrative Report and corresponding Post-CAV Letter for
the States of Florida, Texas, Missouri, New Jersey, New York and North Carolina
that fall under the National Flood Insurance Program (NFIP) communities list of
"minus rated properties;" and (2) List of all probation letters issued to NFIP
communities nationwide since the inception of the program. (Case Number
FEMA 2017-FEF0-01148.)
•
On January, 27, 2017, Jason Leopold, an Investigative Reporter with
VICE
News
in Beverly Hills, California, requested from Department of Homeland
Security (DHS) the following within DHS Office of Civil Rights and Civil
Liberties (CRCL), DHS Office of Operations Coordination and Planning (OPS),
Office of Intelligence and Analysis (I&A) and United States Secrete Service
(USSS): (1) Records that mention or refer to inauguration protests of Donald J.
Trump, January 20 protests, presidential inauguration protests, and #J20protests;
and (2) Records that mention or refer to the January 21, 2017 Women's March in
Washington, D.C. and around the country. (Case Number HQ 2017-HQF0-
00266.)
•
On January, 27, 2017, Jamiles Lartey, a representative with
MuckRock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) emails or internal memorandum which address agency policy or practices
with regards to communications with the public including social media conduct,
use of and all official agency or sub-department Twitter accounts, employee
communication with reporters or media, press releases and the publishing of
reports, documents or studies for the period between January 20, 2017 and
January 27, 2017. (Case Number HQ 2017-HQF0-00267.)
•
On January 29, 2017, Patrick Gunning, an individual in Austin, Texas, requested
from United States Customs and Border Protection (CBP) records pertaining to
communication between CBP and the White House Office regarding the
Executive Order on Protecting the Nation from Foreign Terrorist Entry into the
United States. (Case Number CBP CBP-2017-026509.)
•
On January 29, 2017, Joseph Trevithick, a journalist in Alexandria, Virginia,
requested from United States Customs and Border Protection (CBP) records
pertaining to (1) guidance issued to Border Patrol agents regarding questioning
incoming individual in compliance with the Executive Order issued on January
25, 2017 and (2) talking points in regard to CBP's compliance of the Executive
Order. (Case Number CBP CBP-2017-026520.)
•
On January 29, 2017, Brad Heath, a reporter with
USA Today
in McLean.
Virginia, requested from United States Customs and Border Protection (CBP)
electronic communication pertaining to the President's Executive Order on
Protecting the Nation from Foreign Terrorist Entry into the United States sent or
received by specified persons. (Case Number CBP CBP-2017-026568.)
•
On January 29, 2017, Brad Heath, a reporter with
USA Today
in McLean,
Virginia, requested from United States Immigration and Customs Enforcement
(ICE) new or revised guidance, policies, or written instructions issued to
Enforcement and Removal Operations agents or Homeland Security
Investigations agents since January 20, 2017. (Case Number ICE 2017-1CF0-
14099.)
•
On January 30, 2017, Jack Gillum, a reporter with
The Associated Press
in
Washington, D.C., requested from United States Customs and Border Protection
(CBP) records pertaining to memoranda, instructions and orders, since January
20, 2017, regarding the detention, interrogation or otherwise hold of persons at
the United States border. (Case Number CBP CBP-2017-026597)
•
On January 30, 2017, Dana Liebelson, a reporter with
Huffington Post
in
Washington, D.C., requested from United States Customs and Border Protection
(CBP) records pertaining to electronic communication between Kevin McAleenan
and Randolph Alles with the White House officials regarding the Executive Order
on Protecting the Nation from Foreign Terrorist Entry into the United
States. (Case Numbers CBP CBP-2017-026636 and CBP CBP-2017-026740.)
•
On January 30, 2017, Andrew Becker, a reporter with
The Center for
Investigative Reporting
in Emeryville, California, requested from United States
Customs and Border Protection (CBP) records pertaining to guidance, talking
points, policy, memos, and notes related to the implementation of Executive
Order on Protecting the Nation from Foreign Terrorist Entry into the United
States. (Case Number CBP CBP-2017-026689.)
•
On January 30, 2017, Andrew Becker, a reporter with
The Center for
Investigative Reporting
in Emeryville, California, requested from United States
Customs and Border Protection (CBP) records pertaining to the number of
individuals stopped from entering the country to date based on the executive order
dated January 27, 2017 to protect the nation from foreign terrorist entry into the
United States, with a breakdown by airport, individual's age, country of origin,
immigration/refugee status, date visa or green card issued, whether individual was
detained, length of detention, disposition. (Case Number CBP CBP-2017-
026693.)
•
On January 30, 2017, Joseph A. Bernstein, a reporter with
RuzzFeed News
in
New York, New York, requested from United States Customs and Border
Protection (CBP) records pertaining to policy on searching personal electronic
devices at the border and any records related to policy on inspecting the social
media and online presence of incoming travelers. (Case Number CBP CBP-2017-
026702.)
•
On January 30, 2017, Zack Struver, an individual with
Knowledge Ecology
International
in Washington, D.C., requested from United States Customs and
Border Protection (CBP) records pertaining to policy documents on questioning
incoming travelers. (Case Number CBP CBP-2017-026727.)
•
On January 30, 2017,
Jeff Larson,
a reporter with
ProPublica
in New York, New
York, requested from United States Customs and Border Protection (CBP)
records pertaining to policy changes made after January 20, 2017 requiring that
travelers provide the following information: contact books, web browsing
history, social media accounts or other digital information to CBP. (Case Number
CBP CBP-2017-026737.)
•
On January, 30, 2017,
C.J. Ciaramella,
a representative with
MuckRock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) communications or memoranda within the Office of the General Counsel
between November 9,2016 and January 28, 2017 and the White House transition
officials, including communications using a personal email address for work
purposes; or containing "Immigration and Nationality Act", "executive order",
"refugee", "permanent resident", "Iran," or "Syria." (Case Number HQ 2017-
HQE0-00268.)
•
On January 30, 2017,
Jason Leopold,
a reporter with
VICE News
in Beverly
Hills, California, requested from Department of Homeland Security (DHS),
United States Customs and Border Protection (CBP), and United States
Immigration and Customs Enforcement (ICE) records that mention or refer to
President Donald Trump's Muslim Ban, also known as the "extreme vetting,"
executive order dated January 27, 2017, from January 1,2017 to the date of
search. (Case Numbers HQ 2017-HQE0-00270, CBP CBP-2017-026554, and
ICE 2017-1CM-14079.)
•
On January 30, 2017,
Josh Margolin,
a reporter with
ABC News
in New York,
New York, requested from Department of Homeland Security (DHS) and United
States Customs and Border Protection (CBP) records pertaining to the planning,
announcement, execution and changes associated with the President's immigration
and refugee Executive Order issued and put into effect on Friday, January 27,
2017. (Case Numbers HQ 2017-HQF0-00271 and CBP CBP-2017-026611.)
•
On January 30, 2017,
Colin Byrd,
an individual in College Park, Maryland,
requested from Department of Homeland Security (DHS) the letter that Senators
Mark Warner (D-VA) and Tim Kaine (D-VA) sent to DHS Secretary Kelly about
the status of detained travelers at Dulles and across the country. (Case Number
HQ 20 I 7-HQED-00273.)
•
On January, 30, 2017,
Patrick O'Neill,
a representative with
MuckRock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) records, correspondence, orders instructions and memorandum concerning
the Executive Order titled "Protecting the Nation from Foreign Tentrist Entry
into the United States" including all records, correspondence, orders instructions
and memorandum about DHS asking foreign visitors to disclose websites and
social media sites they visit and the contacts in their cell phones. (Case Number
HQ 2017-HQF0-00274.)
4
•
On January 30, 2017, Lauren Dillon, a researcher with Democratic National
Committee in Washington, D.C., requested from Department of Homeland
Security (DHS) communications from January 28, 2017 to January 30, 2017
between DHS and the White House detailing the number of individuals detained,
stopped, turned back to their home countries, or otherwise impacted by the
Executive Order issued by the President of the United States on January 27, 2017
entitled "Protecting the Nation From Foreign Terrorist Entry into the United
States.
-
(Case Number HQ 2017-HQF0-00275.)
•
On January 30,2017. Lauren Dillon, a researcher with Democratic National
Committee in Washington, DE., requested from Department of Homeland
Security (DHS) email or other written communication from January 20, 2017 to
January 27,2017 between the DHS and the White House regarding planning,
drafting or details of an executive order to be issued by the President of the
United States regarding a suspension of refugee admissions into the United States
and/or the banning of travel to the United States from specific countries. (Case
Number HQ 2017-HQF0-00276.)
•
On January 30, 2017, Russ Kick, a writer in Tucson, Arizona, requested from
United States Customs and Border Protection (CBP) and United States
Citizenship and Immigration Services (USCIS) records pertaining to (1) all
communications between the Trump administration and CBP or USCIS about the
bans and suspensions, from November 9, 2016, to the present, and (2) all
instructions and guidance issued by CBP or USCIS regarding implementing the
bans. (Case Number HQ 2017-HQF0-00277, CBP CBP-2017-026487 and
USCIS C0W2017000090.)
•
On January 30, 2017, Lauren Dillon, a researcher with Democratic National
Committee in Washington, D.C., requested from Department of Homeland
Security (DHS), United States Citizenship and Immigration Services (USCIS) and
United States Immigration and Customs Enforcement (ICE) records between
January 20, 2017 and January 29, 2017 related to President Trump's Executive
Order entitled: "Protecting the Nation from Foreign Terrorist Entry into the
United States." (Case Numbers HQ 2017-HQF0-00278, HQ 2017-HQF0-00291,
USCIS C0W2017000092 and ICE 2017-ICF0-14115.)
•
On January 31, 2017, Matthew Duncan, an individual in San Francisco,
California, requested from Department of Homeland Security (DHS) the USCIS
internal communications, including emails, faxes and memorandum concerning
changes in policy and procedure for persons entering the country, including any
changes made to the questions persons are asked when entering the country,
between January 20 and January 28. 2017. (Case Number HQ 2017-HQF0-
00279.)
•
On January 31, 2017, Sean Dunagan, a researcher with Judicial Watch in
Washington, D.C., requested from Department of Homeland Security (DHS)
records from January 1,2017 to January 31, 2017 regarding, concerning, or
related to the drafting, formulation, approval, and/or issuance of the Executive
Order issued January 27, 2017, titled "Protecting the Nation from Foreign
Terrorist Entry into the United States," including all related records of
communication between any official, employee, or representative of the
5
Department of Homeland Security and any official, employee, or representative of
any other branch, department, agency, or office of the federal government. (Case
Number HQ 2017-HQE0-00305.)
•
On January 31, 2017, John McGlothlin, Counsel with Cause of Action in
Washington, D.C., requested from Department of Homeland Security (DHS) the
following records from January 20, 2017 to January 31, 2017: (1) All
communications, including but not limited to e-mails, between the Department of
Homeland Security and the White House concerning or relating to the President's
January 27, 2017 executive order on "Protecting the Nation from Foreign
Terrorist Entry into the United States:" and (2) All communications, including but
not limited to e-mails, between the DI-IS Office of the Secretary and United States
Customs and Border Protection concerning or relating to the President's January
27. 2017 executive order on
-
Protecting the Nation from Foreign Terrorist Entry
into the United States." (Case Number HQ 2017-HW-00307d
•
On January 31, 2017, Katie Williams, a staff writer with
The Hill
in Washington,
D.C., requested from Department of Homeland Security (DHS) communications
from November 8, 2016 to the date of the search between the Department of
Homeland Security and the Executive Office of the President regarding, or
involving the January 27, 2017 Executive Order, "Protecting the Nation from
Foreign Terrorist Entry into the United States," either in draft or final form. (Case
Number HQ 2017-HQE0-00308.)
•
On January 31, 2017, Jason Cherkis, a reporter with
Huffington Post
in
Washington, D.C., requested from United States Immigration and Customs
Enforcement (ICE) emails and memos to and from Daniel Ragsdale between
January 20, 2017 to January 31, 2017 concerning executive orders as well as any
emails and memos using the search terms "detainees," "immigration," "green
cards," "visas," "Iraq" and "Iran," "Trump," "Bannon," "Sessions," "Stephen
Miller." (Case Number ICE 20174CM-14127.)
•
On January 31, 2017, Jason Cherkis, a reporter with
Huffington Post
in
Washington, D.C., requested from United States Immigration and Customs
Enforcement (ICE) emails and memos to and from James C. Spero, ICE's acting
chief of staff, from January 20, 2017 to January 31, 2017 concerning executive
orders as well as any memos and emails using the search terms "Bannon,"
"Stephen Miller," "Tnimp, "Iraq," "Iran," "Sessions," "Dulles," "green cards,"
"visas." (Case Number ICE 2017-ICF0-14130.)
•
On January 31, 2017, Jason Cherkis, a reporter with
Huffington Post
in
Washington, D.C., requested from United States Immigration and Customs
Enforcement (ICE) emails and memos to and from Thomas Homan from January
1, 2017 to January 31, 2017 concerning executive orders as well as any emails
and memos using the search terms "Bannon," "Sessions," "Trump," "Iraq," "Iran,"
green cards," "visas," "Dulles," "ACLU." (Case Number ICE 2017-ICF0-
14132.)
•
On February 1, 2017, Curtis Waltman, a representative with
MuckRock News
in
Somerville, Massachusetts, requested from Federal Law Enforcement Training
Centers (FLETC) records pertaining to contract HSFLGLO9P00391 with
Killology Research Group LLC regarding lectures and presentations on safety and
6
deadly force including any memos or reports that were generated from this
contract and contain the keyword Killology Research Group, or mention the
group's founder Dave Grossman. (Case Number FLETC FOIA 17-033.)
•
On February 1,2017, Michael Ravnitzky, an individual in Silver Spring,
Maryland, requested from Department of Homeland Security (DHS) each letter
sent, from DHS HQ to each of the various airlines providing service into the
United States, dated during the time period January 24 - January 31, 2017,
advising the airlines not to board certain foreign nationals at the port of
embarkation in certain other nations. (Case Number HQ 2017-HQF0-0028 I.)
•
On February 1,2017, Bradley Moss, Deputy Executive Director with The James
Madison Project in Washington, D.C., requested from Department of Homeland
Security (DHS) the following USCIS records: ( I ) Any records memorializing
discussions between USCIS staff and private staff, Presidential transition staff,
and/or White House staff of President Donald J. Trump ("President Trump")
regarding the legality of (and recommended means of implementing) an
Executive Order barring entry of certain categories of foreign nationals based
strictly on their nationality, including, but not limited to, individuals who qualify
as refugees, U.S. legal permanent residents, and holders of a valid U.S. visa; (2)
Any records memorializing discussions between USCIS staff and other Federal
agencies regarding an Executive Order that falls within the scope of category #1,
including, but not limited to, issues of legality and implementation; (3) Any
records memorializing discussions among USCIS staff regarding an Executive
Order that falls within the scope of category #1, including, but not limited to,
issues of legality and implementation; (4) Any records memorializing discussions
between USCIS staff and Members of Congress (as well as Congressional staff
members) regarding an Executive Order that falls within the scope of category #1,
including, but not limited to, issues of legality and implementation; (5) Any
records memorializing final determinations by USCIS staff regarding the extent to
which an Executive Order that falls within the scope of category #1 would apply
to U.S. citizens who hold dual citizenship; and (6) Any records memorializing
final determinations by USCIS staff regarding the legality of an Executive Order
that falls within the scope of category #1. (Case Number HQ 2017-HQF0-
00282.)
•
On February 1,2017, Bradley Moss, Deputy Executive Director with The James
Madison Project in Washington, D.C., requested from Department of Homeland
Security (DHS) the following DHS records: (1) Any records memorializing
discussions between DHS staff and private staff, Presidential transition staff,
and/or White House staff of President Donald J. Trump ("President Trump")
regarding the legality of (and recommended means of implementing) an
Executive Order barring entry of certain categories of foreign nationals based
strictly on their nationality, including, but not limited to, individuals who qualify
as refugees, U.S. legal permanent residents, and holders of a valid U.S. visa; (2)
Any records memorializing discussions between DHS staff and other Federal
agencies regarding an Executive Order that falls within the scope of category #1,
including, but not limited to, issues of legality and implementation; (3) Any
records memorializing discussions among DHS staff regarding an Executive
7
Order that falls within the scope of category #1, including, but not limited to,
issues of legality and implementation; (4) Any records memorializing discussions
between DHS staff and Members of Congress (as well as Congressional staff
members) regarding an Executive Order that falls within the scope of category #1,
including, but not limited to, issues of legality and implementation; (5) Any
records memorializing final determinations by DHS staff regarding the extent to
which an Executive Order that falls within the scope of category #1 would apply
to U.S. citizens who hold dual citizenship; and (6) Any records memorializing
final determinations by DHS staff regarding the legality of an Executive Order
that falls within the scope of category #1. (Case Number HQ 2017-HQF0-
00302.)
•
On February 1,2017, Bradley Moss, Deputy Executive Director with The James
Madison Project in Washington, D.C., requested from Department of Homeland
Security (DHS) the following USCIS records: (1) Guidance provided by USCIS
to private and commercial airlines operating at U.S. airports with respect to
admission, denial of admission, and/or deportation of individuals subject to
President Trump's Executive Order, signed on January 27, 2017; (2)
Communications (that are not encompassed by category #1) between USCIS and
private and/or commercial airlines operating at U.S. airports with respect to
implementation of President Trump's Executive Order, signed January 27, 2017;
and (3) Communications (that are not encompassed by categories #1 or #2)
between USCIS and private and/or commercial airlines operating a U.S. airports
with respect to the judicial rulings imposing emergency stays and/or restraining
orders enjoining President Trump's Executive Order, signed January 27, 2017.
(Case Number HQ 2017-HQF0-00283.)
•
On February 1,2017, Bradley Moss, Deputy Executive Director with The James
Madison Project in Washington, D.C., requested from Department of Homeland
Security (DHS) the following DHS records: ( 1 ) Guidance provided by DHS to
private and commercial airlines operating at U.S. airports with respect to
admission, denial of admission, and/or deportation of individuals subject to
President Trump's Executive Order, signed on January 27, 2017; (2)
Communications (that are not encompassed by category #1) between DHS and
private and/or commercial airlines operating at U.S. airports with respect to
implementation of President Trump's Executive Order, signed January 27, 2017;
and (3) Communications (that are not encompassed by categories #1 or #2)
between DHS and private and/or commercial airlines operating at U.S. airports
with respect to the judicial rulings imposing emergency stays and/or restraining
orders enjoining President Trump's Executive Order, signed January 27, 2017.
(Case Number HQ 2017-HQF0-00303.)
•
On February I, 20 17. Ken Dilanian, a reporter with
NBC News
in Washington,
D.C., requested from Department of Homeland Security (DI-IS) the following
regarding President Trump's refugee and immigration bans (except Item 4): (1)
Records pertaining to complaints or disclosures made to DHS 010 pertaining to
these bans or agencies' enforcement of them; (2) Correspondence sent to the
White House, Congress, or an Executive agency pertaining to these bans or
agencies' enforcement of them; (3) Correspondence received from the White
8
House, Congress, an Executive agency, or any member of the public pertaining to
these bans or agencies' enforcement of them; and (4) Internal OIG records
pertaining to the handling of complaints or disclosures pertaining to these bans or
other White House directives. (Case Number HQ 2017-HQF0-00284.)
•
On February 1,2017, Ken DiIonian, a reporter with
NBC News
in Washington,
D.C., requested from United States Immigration and Customs Enforcement (ICE)
the following regarding President Trump's refugee and immigration bans: (1) All
records pertaining to complaints or disclosures made to the Office of the Special
Counsel (OSC), the White House, Congress, or the Department of Homeland
Security (DHS) Office of the Inspector General (OIG) pertaining to President
Trump's refugee and immigration ban or agencies' enforcement of them; (2)
Correspondence sent to the White House, Congress, DHS 01G, or another
Executive agency pertaining to these bans or agencies enforcement of them: (3)
Correspondence received from the White House, Congress, DI-IS 01G, another
Executive agency, or member of the public pertaining to these bans or agencies'
enforcement of them; (4) Correspondence sent from ICE headquarters to ICE
field offices at entry points pertaining to these bans or agencies' enforcement of
them; and (5) Correspondence sent to ICE headquarters from ICE field offices at
entry points pertaining to these bans or agencies' enforcement of them. (Case
Numbers HQ 2017-HQF0-00293 and ICE 2017-1CF0-14091.)
•
On February I, 2017, Brad Heath, a reporter with
USA Today
in McLean,
Virginia, requested from United States Customs and Border Protection (CBP)
complete copies of any revised or updated policies, instructions, memos or
guidelines issued to Border Patrol agents since January 20, 2017. (Case Numbers
HQ 2017-HQF0-00285 and CBP CBP-2017-026569.)
•
On February 1,2017, Ryan Devereaux, a reporter with
The Intercept
in New
York, New York, requested from Department of Homeland Security (DHS) all
DHS staff-wide mails and/or directives sent by Ret. Gen. John Kelly either prior
to, or since, his appointment as director of Homeland Security. (Case Number
HQ 2017-HQF0-00286.)
•
On February I, 2017, Corey Risinger, a reporter with
The Daily Tar Heel
in
Chapel Hill, North Carolina, requested from Department of Homeland Security
(DHS) the explanatory documentation for President Donald Trump's recent
executive order on the banning of refugees from 7 Middle Eastern and North
African Nations, more specifically, in discerning whether these restrictions would
retroactively apply to those on green cards already in the United States or those
who have yet to return to U.S. colleges for the Spring semester. (Case Number
HQ 2017-HQF0-00287.)
•
On February 1, 2017, Aruna Viswanatha, a reporter with
The Wall Street
Journal
in Washington, D.C., requested from Department of Homeland Security
(DHS) the following records from January 20, 2017 to February 1, 2017: (1)
Communications either from or to either Secretary John Kelly, Acting Deputy
Secretary Chip Fulghum, and Chief of Staff Kirstjen Nielsen related to the
Executive Order issued on January 27, 2017 concerning immigration from
countries including Syria; (2) Draft orders, emails, memos, and text messages sent
to or from Sec. Kelly, Mr. Fulghum, and Ms. Nielsen, related to the order, its
9
implementation, and related judicial proceedings and protests; (3)
Communications to or from Mr. Kelly, Mr. Fulghum, and Ms. Nielsen with the
words "Muslim ban," "extreme vetting," "ban," "protests," "green cards." (Case
Number HQ 2017-HQF0-00289.)
•
On February I, 2017, Dan DeFraia, a freelance journalist in Boston,
Massachusetts, requested from Department of Homeland Security (DI-IS) the
following records or records that show or discuss from November 8,2016 to the
day the request is processed: (1) Requests for assistance from the White House
(Executive Office of the President, Domestic Policy Staff, Office of Management
and Budget) or any Federal agency, as that term is defined in 5 USC Section 551)
in providing information on TWP; (2) Responses from the NAME OF AGENCY
to any Federal agency Requests, in the form of records, from other Federal
agencies concerning TWP; (3) Estimates of the costs and/or distance of the border
wall of construction or reconstruction of The Wall; (4) The environmental
implications of building or reconstructing The Wall; (5) Potential legal and/or
regulatory obstacles to building The Wall; (6) Treaties with the United Mexican
States (hereafter "Mexico") and impact of building The Wall on any of these
Treaties; (7) The U.S.-Mexico Binational Commission
(https://www.state.gov/p/wha/ci/mx/c10787.htm)
a forum, according the U.S.
Department of State website that allows" for regular exchanges at the cabinet-
level on a wide range of issues critical to U.S.-Mexico relations"; (8) The design,
construction, reconstruction, cost of The Wall; (9) The REAL ID Act and/or
Homeland Security; (10) Potential consequences and/or benefits of building/not
building the wall. (Case Number HQ 2017-HQF0-00290.)
•
On February I, 2017, Brad Heath, a reporter with
USA Today
in McLean,
Virginia, requested from United States Immigration and Customs Enforcement
(ICE) written guidance, policies, memoranda, or other forms of written
instructions to agents or managers since January 20, 2017 to the date of the
request regarding the President's Executive Order concerning "Protecting the
Nation From Foreign Terrorist Entry Into the United States" including guidance
about who may be admitted to the United States and instructions about whether
detainees were to have access to counsel. (Case Numbers HQ 2017-HQF0-00292
and ICE 2017-ICF0-14111.)
•
On February 1,2017, Al Shaw, a reporter with
ProPublica
in New York, New
York, requested from Department of Homeland Security (DHS) communications
from January 20, 2017 to January 30, 2017 that include the terms "executive
order," "EC)," "refugee," "Green Card," "permanent resident," "ISIS," "Islam,"
"Muslim," "Iraq,
-
"Iran,
-
"Syria," "Sudan," "Somalia," "Libya," "Yemen,"
-
Trump" to or from Katharine Gorka, Lora Ries, John Barsa, Thomas DiNanno,
Jonathan Spaner, Bradley Buswell, John Sanders, Hugo Teufel, Joseph DeFelice,
Michael Dougherty, James Carafano, Derek Harvey, Herman Pirchner, Bob
Castro, Christopher Burnham, Kiron Skinner, Andrew Peek, Kristal Quarker
Hartsfield, Charles Glazer, Erin Walsh, Paul Lettow, Ashley Bell, Amy
Bradshaw, Steven Groves, KarMa Rollins, Alexander Gray, Jackie Wolcott,
Robert Blau, or Catharine O'Neill. (Case Number HQ 2017-HQF0-00294.)
10
•
On February 1,2017, Daniel Powell, an individual in Roswell, New Mexico,
requested from Department of Homeland Security (DHS) memoranda, policies,
guidance, complaints received, other correspondence, emails, instructions to
airlines, or other documents relating to implementing the presidential executive
order prohibiting entry to aliens from specified countries, court orders related to
that order, and enforcement actions related thereto. (Case Number HQ 2017-
HQF0-00295.)
•
On February 1, 2017, Dana Liebe'son, an reporter with
Huffington Post
in
Washington, D.C., requested from Department of Homeland Security (DHS) the
following records from January 27, 2017 to January 30, 2017: (1) All emails
and/or other documents among DHS staff (@hq.dhs.gov
) with any White House
officials (@who.eop.gov
) regarding the Executive Order, "Protecting the Nation
from Foreign Terrorist Entry Into the United States" including implementation
guidance and any other discussion or that contain the names "Reince Priebus"
"Stephen Bannon" or "Stephen Miller"; and (2) Emails and/or other documents
among DHS staff (@hq.dhs.gov
) with any officials from U.S. Customs and
Border Patrol (Kevin McAleenan and Randolph Alles) regarding the Executive
Order, "Protecting the Nation from Foreign Terrorist Entry Into the United
States,
-
including implementation guidance and any other discussion. (Case
Number HQ 2017-HQF0-00296.)
•
On February 1,2017, Ben Hudson, an individual in Atlanta, Georgia, requested
from Department of Homeland Security (DHS) communications between DHS,
ICE, and CBP regarding Executive Order titled "Protecting the Nation from
Foreign Terrorist Entry into the United States" from January 26, 2017 to February
1,2017 including all communications regarding the implementation of this order,
and any communications regarding the numerous stays put on the order by
Federal Judges. (Case Number HQ 2017-HQF0-00297.)
•
On February 1,2017, Stephen Bernard, an individual in Madison, Connecticut,
requested from Department of Homeland Security (DHS) the following records:
(1) Written and electronic communications from January 20, 2017 to January 31,
2017 between Secretary John Kelly and President Donald Trump, Vice President
Mike Pence, Chief Strategist Steve Bannon, Chief of Staff Reince Priebus,
Secretary of State, Secretary of Treasury, Secretary of Defense, Attorney General,
Secretary of the Interior Secretary of Agriculture, Secretary of Commerce,
Secretary of Labor, Secretary of Health and Human Services, Secretary of
Housing and Urban Development, Secretary of Transportation, Secretary of
Energy, Secretary of Education, Secretary of Veterans Affairs, Secretary of
Homeland Security, Head of Environmental Protection Agency, Ambassador to
the United Nations, Chairman of the Council of Economic Advisors, or National
Security Advisor; and (2) Written or email communications sent to or received by
Secretary Kelly related to President Trump's Executive Order "Protecting the
Nation From Foreign Terrorist Entry Into The United States" signed on Friday,
January 27, 2017. (Case Number HQ 2017-HQF0-00298.)
•
On February 1, 2017, Patrick O'Neill, a representative with
MuckRock
News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) records, communications relating to and versions of President Donald
11
Trump's cybcrsecurity executive order (titled "Strengthening U.S. Cyber Security
and Capabilities") on cybersecurity. (Case Number HQ 2017-HQF0-00304.)
Late Requests
•
On January 11, 2017, Andrew Becker, a representative with The Center for
Investigative Reporting in Emeryville, California, requested from United States
Immigration and Customs Enforcement (ICE) the number of national security
cases, for each chief counsel's office, from FY 2011 to present, with a breakdown
by fiscal year, nature of case, disposition, charge, date case opened, date of case
completion. (Case Number ICE 2017-ICF0-13902.)
•
On January 13, 2017, Andrew Becker, a representative with The Center for
Investigative Reporting in Emeryville, California, requested from United States
Immigration and Customs Enforcement (ICE) records pertaining to bonds. (Case
Number ICE 2017-1CF0-13923.)
•
On January 23, 2017, Bradley Moss, a representative with The James Madison
Project in Washington, D.C., requested from Office of Inspector General (OIG)
records relating to copies of specific DI-IS OIG records between DHS OIG and
the Presidential staff, transition staff, campaign staff, corporate staff or private
staff of President Donald I. Trump. (Case Number OIG 2017-IGF0-00056.)
•
On January 24, 2017, Aziza Musa, a reporter with
Arkansas Democrat-Gazette
in Little Rock, Arkansas, requested from United States Citizenship and
Immigration Services (USCIS) the number of Deferred Action for Childhood
Arrivals applications filed in Arkansas from 2012 to present. (Case Number
USCIS COW2017000075.)
•
On January 24, 2017, William F. Marshall, an investigator with Judicial Watch
in Washington, D.C., requested from United States Citizenship and Immigration
Services (USCIS) records from the Office of the Director pertaining to the wet
foot/dry foot policy. (Case Number USCIS C0W2017000076.)
III.Freedom of Information Act Releases
•
On January 25, 2017, Federal Emergency Management Agency (FEMA) released
to Darren Fishell, a Staff Writer with
Bangor Daily News
in Portland, Maine, a
spreadsheet containing data related to the National Flood Insurance Program for
Maine. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 6. (Case Number FEMA 2016-FEF0-00354.)
•
On January 25, 2017, Federal Emergency Management Agency (FEMA) released
to Sam Pearson, a reporter from
Greenwire
in Washington, D.C., letter
correspondence from FEMA to Senator Tim Kaine (D-VA) and Senator Bob
Casey Jr. (D-PA). Portions of this response were withheld pursuant to Freedom
of Information Act Exemption 6. (Case Number FEMA 201 6-FEF0-0 1251.)
•
On January 25, 2017, Office of Inspector General ((DIG) released to Andrew
Becker, reporter with
Center for Investigative Reporting
in Emeryville,
California, 65 pages of a narrative listing of complaints related to the U.S. Federal
Air Marshalls. Portions of this response are withheld pursuant to Freedom of
Information Act Exemptions 6, and 7(C). (Case Number OIG 2016-075.)
12
•
On January 25, 2017, Transportation Security Administration (TSA) released to
Nick Penzenstadler, a reporter with
USA TODAY
in McLean, Virginia, a 48
pages and one spreadsheet consisting of a log tracking phone calls and emails
received by the TSA Office of Inspection Hotline and email account
and detailing substantiated claims of employee
misconduct by TSA screeners in 2014 to April 17, 2015. These records were
released in full. (Case Number TSA 2015-TSF0-00201.)
•
On January 25, 2017, United States Customs and Border Protection (CBP)
released to Christian Von Preysing, a reporter with
KRGV-TV
in Weslaco,
Texas, three pages of statistical data consisting of incoming aliens by citizenship
for fiscal years 2013-2016. Portions of this response were withheld pursuant to
Freedom of Information Act Exemptions 6, and 7(C). (Case Number CBP CBP-
2016-069264.)
•
On January 25, 2017, United States Customs and Border Protection (CBP)
released to Astrid Galvan, a reporter with
The Associated Press
in Tucson,
Arizona, the one page CBP Border Patrol policy on vehicle pursuits. Portions of
this response were withheld pursuant to Freedom of Information Act Exemptions
6,7(C), and 7(E). (Case Number CBP CBP-2016-035263.)
•
On January 26, 2017, United States Citizenship and Immigration Services
(USCIS) released to Lauren Etter, a reporter with
Bloomberg News
in Austin,
Texas, 455 emails or other written correspondence pertaining to the creation of
the Citizenship Gift and Bequest Account at USCIS and any other correspondence
pertaining to the creation of a USCIS gift or bequest account related to Section
405 of the DHS 2017 appropriations act for the period beginning January 1,2015
to present. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5, and 6. (Case Number USCIS COW2016000988.)
•
On January 26. 2017, United States Immigration and Customs Enforcement
released to Matt Novak, a journalist with
Gawker Media
in Los Angeles,
California, 204 pages pertaining to the template MMA documents. Portions of
this response were withheld pursuant to FOIA Exemptions 6, and 7(C). (Case
Number ICE 2016-1CF0-44357.)
•
On January 26, 2017, Transportation Security Administration (TSA) released to
John Greenewald, a producer with The Black Vault in Northridge, California,
an eight page report entitled:
Review of TSA Canine Program — Safety Incidents
Review Number
/0-/RD-0002.
Portions of this response were withheld pursuant
to Freedom of Information Act Exemption 6. (Case Number TSA 2016-TSFO-
00512.)
•
On January 26. 2017, United States Immigration and Customs Enforcement (ICE)
released to Robert Frump, a journalist with
Journal of Commerce
in Summit,
New Jersey, 194 pages pertaining to the seizure of drugs on SS El
Motto.
Portions of this response were withheld pursuant to FOIA Exemptions 6,
7(C), and 7(E). (Case Number ICE 2016-1CF0-37912.)
•
On January 26, 2017, United States Customs and Border Protection (CBP)
released to Michael Evans, a researcher with National Security Archive in
Washington, DE., the following six page Homeland Security Intelligence Report
(HSIR) document: HSIR-ITTU-09-669123. Portions of this response were
13
withheld pursuant to Freedom of Information Act Exemptions 6, 7C and
7(E). (Case Number CBP CBP-2017-011648.)
•
On January 27, 2017, United States Immigration and Customs Enforcement
released to Andrew Free, an attorney with Immigrant Civil Rights in Nashville,
Tennessee, 45 pages related to the September 2014 ICE stakeholder meeting
mentioned in Gillian Christiansen's statement to Alicia Caldwell of the
Associated Press that "70% of family units released from DI-IS custody between
May 2014 and September 2014 did not report to ICE offices as
instructed." Portions of this response were withheld pursuant to FOIA
Exemptions 5,6, and 7(C). (Case Number ICE 2016-ICF0-00487.)
•
On January 27, 2017, the Department of Homeland Security released to Allan
Blutstein. a representative with America Rising in Washington, D.C., nine pages
of emails from Secretary Jeh Johnson that mention Justice Antonin Scalia from
February 13, 2016 to February 15, 2016. Portions of this release were withheld
pursuant to FOIA Exemption 6. (Case Number HQ 2016-HQF0-00246.)
•
On January 27, 2017. United States Immigration and Customs Enforcement (ICE)
released to Ian Smith, a representative with Immigration Reform Law Institute
(IRLI) in Washington, D.C., two spreadsheets with the number of instances the
agency has: (1) recommended non-inclusion or recalcitrant countries on the H-2
Eligible Countries List from FY2012-FY2016; (2) sent an 'Annex 9 Letter' or a
letter to a nation's Embassy seeking cooperation with the removal process from
FY2012-2016; and (3) requested the issuance of a Dcmarche to a recalcitrant
country by DOS from FY2009 to the date ICE begins its document-search.
Portions of this response were withheld pursuant to FOIA Exemptions 6, and
7(C). (Case Number ICE 2016-ICF0-58880.)
•
On January 27, 2017, Federal Emergency Management Agency (FEMA) released
to Lisa Bartley, a reporter with
ABC 7 News
in Glendale California, 968 pages
consisting of a series of monitoring reports, investment justifications, grant
management reports, and homeland security strategy reports that include
reference to 'Stingray' or 'IMSI Catcher.' Portions of this response were
withheld pursuant to Freedom of Information Act Exemptions 6, 7(C), and
7(E). (Case Number FEMA 2014-FEF0-00943.)
•
On January 27, 2017, Federal Emergency Management Agency (FEMA) released
to Brian Sparks, a journalist with Muckrock in Boston, Massachusetts, 690
pages of mitigation plans, service estimates, damage assessments, and engineering
reports relevant to erosion mitigation in Alaska. Portions of this response were
withheld pursuant to Freedom of Information Act Exemptions 4, 5, and 6. (Case
Number FEMA 2016-FEF0-00120.)
•
On January 30, 2017, United States Customs and Border Protection (CBP)
released to Ian M. Smith, an attorney with the Federation for American
Immigration Reform in Washington, D.C., 619 pages of the following: (1)
communications to and from Commissioner R. Gil Kerlikowske where Shawn
Moran, Chris Cabrera, and "NBPC Local 3307" are mentioned; (2) complaints
and employee hours spent on complaints regarding Secretary Jch Johnson's
"Priorities program:" and the resume of Commissioner R. Gil Kerlikowske.
14
Portions of this response were withheld pursuant to FOIA Exemptions 6,7(C),
and 7(E). (Case Number CBP CBP-2015-044455.)
•
On January 31, 2017, United States Citizenship and Immigration Services
(USCIS) released to Graham Moomaw, a reporter with the
Richmond Times-
Dispatch
in Richmond, Virginia, 1,329 pages consisting of the Virginia Center for
Foreign Investment and Job Creation regional center files. Portions of this
response were withheld pursuant to Freedom of Information Act Exemptions 3, 4,
6,7(C), and 7(E). (Case Number USCIS NRC2016137137.)
IV.Freedom of Information Act Appeals
•
NSTR
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
In the matter of
ACLU v. DHS etal.,
(D.D.C. 16-00221), the plaintiff filed a
Freedom of Information Act request on March 13, 2015 seeking release of
numerous categories of records relating to Countering Violent Extremism (CVE)
from DHS, DOJ, FBI, ODNI, DOS, HHS, Dept. of Education. Plaintiff filed a
lawsuit on February 10, 2016 for lack of response, inadequate search, and
improper withholding of documents for a March 13, 2015 FOIA Request to DHS.
On January 31, 2017, NPPD issued the fourth interim release consisting of six
pages of records.
•
In the matter of
Jason Mount v. Department of Homeland Security (DHS),(1:16-
cv-02532-CRC).
the plaintiff filed a Freedom of Information Act request on
November 18, 2012 seeking all allegation records from January 1,2002 through
November 17, 2012 on an USSS Agent. On November 272012, Office of
Inspector General (01G) issued a final response neither conforming nor denying
the existence of responsive records under exemption (b)(7)(C). On December 30,
2016, complainant filed a lawsuit requesting disclosure of the requested records.
15
Freedom of Information Act Exemptions
Exemption 1: classified national defense and foreign relations information
Exemption 2: internal agency personnel rules and practices
Exemption 3: information that is prohibited from disclosure by another federal law
Exemption 4: trade secrets and other confidential business information
Exemption 5: inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6: information involving matters of personal privacy
Exemption 7: records or information compiled for law enforcement purposes, to the extent
that the production of those records 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: information relating to the supervision of financial institutions
Exemption 9: geological information on wells
16
Freedom of Information Act Activity for the Week of February 2-8, 2017
Privacy Office
February 15, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
On February 7,2017, Office of Inspector General (01G) posted to its FOIA
Reading Room the FOIA Logs for the 4th Quarter of Calendar Year 2016.
(PDF,
5
pages —
65 KB.)
•
On February 7,2017, Office of Inspector General (01G) posted to its FOIA
Reading Room the Congressional Correspondence Logs for the 4th Quarter of
Calendar Year 2016.
(PDF, 1
page —
35
KB.)
IL On Freedom of Information Act Requests
•
On February 2, 2017, Alex Zdan, a journalist with
Chasing News
in Trenton,
New Jersey, requested from Federal Emergency Management Agency (FEMA)
the following: ( I) contracts, contractor agreements or subcontractor agreements
involving FEMA and Optimal Solutions and Technology (OST) between June 1,
2005 and Feb. 1,2017; (2) requests for Proposals, Bid Proposals, Bids, and
unsuccessful bids for work on the Hurricane Sandy National Flood Insurance
Program Claims Review; (3) records of payments made to Optimal Solutions and
Technology (OST) between Oct. 22, 2012 and Feb. 1,2017; and (4) billing
Invoices submitted by Optimal Solutions and Technology (OST) between October
22, 2012 and February 1,2017. (Case Number FEMA 2017-FEF0-01187.)
•
On February 2,2017, Lanie Cook, a producer with
KATC TV3
in Lafayette,
Louisiana requested from Federal Emergency Management Agency (FEMA) the
following; (1) all reinternment assistance payments made in Louisiana related to
the March and August 2016 floods including payment amount, payment date,
payee and related cemetery; and (2) reintemment assistance payments made in
Louisiana to "Good Samaritans," who accepted payment to repair damaged graves
over which they had no ownership or control, related to the March and August
2016 floods, including payment amount, payment date, payee and related
cemetery. (Case Number FEMA 2017-FEF0-01188.)
•
On February 2,2017, Andrew Noble, a reporter with
The Washington Times
in
Washington, D.C., requested from Department of Homeland Security (DHS) the
Countering Violent Extremism grants DHS publicly announced on January 13,
2017 and any documents that describe the programs that the groups who received
the awards will use the money for, to potentially include their applications for the
grants, or an DHS summaries of their stated purpose. (Case Number HQ 2017-
LIQF0-00309.)
•
On February 2,2017, Jeramie Scott, a representative with Electronic Privacy
Information Center (EPIC) in Washington, D.C., requested from Department of
Homeland Security (DHS) the National Security Presidential Directive- I signed
by President Trump regarding reviews of U.S. cyber vulnerabilities, adversaries,
1
and capabilities under the draft Executive Order established on January 21, 2017.
(Case Number HQ 2017-HQF0-00310.)
•
On February 2,2017, Brendan O'Conner, a reporter with
Gizmodo Media
Group
in New York, New York, requested from Department of Homeland
Security (DHS) guidance to FOIA processors from the Trump transition team or
the Trump administration regarding all records generated between November 9,
2016 and the date this request is processed as well as the release of any portions
of the requested records that have been previously processed and released. (Case
Number HQ 2017-HQF0-00311.)
•
On February 2,2017. Mary Finn, a reporter with
Democracy in Crisis
in San
Francisco, California, requested from Department of Homeland Security (DHS)
communications sent by Elaine Duke, Undersecretary of Homeland Security from
2008-2010, that contain references to the DACA (Deferred Action for Childhood
Arrivals) policy. (Case Number HQ 2017-HQF0-00313.)
•
On February 3,2017, C.J. Ciarmella, an individual with
MuckRock News
in
Somerville, Massachusetts, requested from United States Customs and Border
Protection (CBP) communications or memoranda to or from the Office of the
Commissioner between November 9,2016 and January 28, 2017, from White
House transition officials or from the domain "who.eop.gov
," including
communications using personal email addresses for work purposes, or containing
"Immigration and Nationality Act", "executive order", "refugee", "permanent
resident
-
, "Iran
-
or "Syria". (Case Number CBP-2017-028046.)
•
On February 3,2017, Joseph Cox, an individual with
MuckRock News
in
Somerville, Massachusetts, requested from United States Customs and Border
Protection (CBP) guideline and policy documents concerning the use of Cellebrite
devices for searching mobile phones at U.S. airports from January I, 2010 to
February 3,2017. (Case Number CBP-2017-028047.)
•
On February 3,2017, Tammy Kupperman, a journalist with
('able News
Network (CNN)
in Atlanta, Georgia, requested from United States Customs and
Border Protection (CBP) the following materials: (1) number of individuals were
asked by DI-IS personnel including US Custom and Border Patrol officials, on or
after January 27, 2017 up through Feb 1,2017, to sign 1-407 forms, 1-275 forms,
or any other documentation which purported to constitute an abandonment of
lawful permanent resident status, or otherwise caused them to withdraw or be
denied admission to the US; (2)1-407 forms, 1-275 forms, or other documentation
filled out by individuals at the request of DI-IS personnel including US Customs
and Border Control officials which purported to constitute an abandonment of
lawful permanent resident status, or otherwise caused them to be denied
admission to the US, from January 27, 2017 through February 1,2017; and (3)
written guidance issued by the Department of Homeland Security and Customs
and Border Patrol to border officials and airlines on the implementation of the
January 27 executive order curtailing travel to the US from specific
nations. (Case Number CBP-2017-028075.)
•
On February 3,2017, Isaac Arnsdorf, a writer with
Politico
in Arlington,
Virginia, requested from United States Customs and Border Protection (CBP)
communication recorded in any tangible form and on any medium, and
specifically for the following: (1) records of communications between any CBP
personnel and any member of the Executive Office of the President from January
25, 2017, to February 3,2017, concerning the implementation and interpretation
of the Executive Order; (2) records of communications between any CBP
personnel and the Office of the Secretary of the Department of Homeland
Security ("DHS"), including communications with Secretary of DHS John F.
Kelly, from January 25, 2017, to February 3,2017, concerning the
implementation and interpretation of the Executive Order; (3) communications
between any CBP personnel and the Office of General Counsel of DHS, including
communications with acting DHS General Counsel Joseph Maher, during the
period from January 25, 2017 to February 3,2017, concerning the implementation
and interpretation of the Executive Order; (4) records produced or received by
CBP Executive Assistant Commissioner Todd Owen, Office of Field Operations,
from January 25, 2017. to February 3,2017, concerning the implementation and
interpretation of the Executive Order; (5) records produced or received by Wayne
Biondi, Area Port Director for the Port of Washington Dulles from January 25,
2017, to February 3,2017, concerning the implementation and interpretation of
the Executive Order; and (6) records related to any conference calls conducted on
January 25, 2017, and January 26, 2017, concerning the implementation and
interpretation of the Executive Order. (Case Number CBP-2017-028100 and HQ
2017-HQF0-00361.)
•
On February 3, 2017, Dinah PoKempner, General Counsel with
Human Rights
Watch
in New York, New York, requested from United States Customs and
Border Protection (CBP) the following; (1) formal, final, or implemented legal
opinions and determinations, procedures, policies, training materials, and
memoranda of agreement that meaningfully discuss or address CBP's authority to
acquire or collect communications or related data pursuant to Section 702 (50
U.S.C. § 1881a) or Executive Order 12333, including pursuant to a delegation of
authority by the National Security Agency/Central Security Service ("NSA"); (2)
formal, final, or implemented legal opinions and determinations, policies,
procedures, training materials, and memoranda of agreement that meaningfully
discuss or address CBP's authority to receive, disseminate, retain, query, or obtain
authorization to query communications or related data that other US government
entities have obtained pursuant to Section 702 or Executive Order 12333; (3)
formal, final, or implemented legal opinions and determinations, procedures,
policies, training materials, and memoranda of agreement (with appendices where
applicable) concerning CBP s ability to request raw signals intelligence the NSA
has acquired pursuant to Executive Order 12333; (4) formal, final, or
implemented legal opinions and determinations, procedures, policies, and
training materials concerning CBP's treatment of communications and related data
belonging to United States persons that has been acquired pursuant to Section 702
or Executive Order 12333; (5) formal, final, or implemented legal opinions and
determinations, policies, procedures, and training materials that concern any
ability on the part of CBP to nominate targets for communications surveillance
under Section 702 or Executive Order 12333 to the NSA or Federal Bureau of
Investigation ("FBI"); (6) formal, final, or implemented legal opinions and
determinations, policies, procedures, and training materials that concern CBP' s
treatment of attorney-client communications or related data that the US
government originally obtained pursuant to Section 702 or Executive Order
12333; (7) formal, final, or implemented legal opinions and determinations, as
well as policies, concerning whether information related to immigration activities,
the maintenance of border security, customs or trade activities, or other matters
that fall within the scope of CBP' s mission qualifies as "foreign intelligence" or
"foreign intelligence information" for the purposes of the Foreign Intelligence
Surveillance Act or Executive Order 12333; (8) formal, final, or implemented
legal opinions and determinations, policies, procedures, and training materials that
concern CBP's ability to request or conduct pretextual stops (potentially also
known as "whisper" or "wall"/"wall- oft'' /"walled-oft'' stops) of persons or
vessels, or other forms of "parallel construction" or "parallel reconstruction;" and
(9) reports or other conclusions of relevant Inspectors General concerning
activities of the nature described in ( 1 )-(8) above. (Case Number CBP-028101.)
•
On February 3, 2017,
Sarah Owings,
an attorney with
Antoni & Cohen
Immigration Law Group
in Atlanta, Georgia, requested from United States
Customs and Border Protection (CBP) the following: (1) number of applicants
for admission from the seven countries named under the January 27th Executive
Order were refused admission at the Atlanta International Airport Port of Entry
from the period of time beginning January 27th 2017 until February 3rd, 2017; (2)
how many of those refused admission under the Executive Order presented non-
immigrant visas; (3) how many of those refused admission under the Executive
Order presented immigrant visas; (4) how many of those refused admission under
the Executive Order were referred for the Credible Fear Interview process; (5)
what was the average length of detention for those refused admission under the
Executive Order; (6) what was the average length of detention for foreign
nationals admitted but subjected to the "extreme vetting" process; and (7) what
were the additional security questions used by CBP in relation to the "extreme
vetting" process? (Case Number CBP-2017-028142.)
•
On February 3,2017,
Joshua Voorhees,
a writer
with Slate Magazine
in Iowa
City, Iowa, requested from United States Customs and Border Protection (CBP)
records of communications from January 20, 2016 to February 3,2017 including
but not limited to emails, between any employee of the United States Customs
and Border Protection agency and any employee of the following airlines: British
Airways, Lufthansa, Norwegian, Hawaiian Airlines, Porter Airlines, Icelandair,
Virgin Atlantic, Aer Lingus, SAS, Air France, KLM, Copa,
WOW Air, American
Airlines, Delta, and United. (Case Number CBP-2017-028193.)
•
On February 3,2017,
Emily Stephenson,
a reporter with
Reuters News
in
Washington, D.C., requested from United States Customs and Border Protection
(CBP) all international travelers detained at all U.S. airports during the period
from January 27, 2017 through January 30, 2017. (Case Number CBP-2017-
028269.)
•
On February 3, 2017,
Emily Stephenson,
a reporter with
Reuters News
in
Washington, D.C., requested from United States Customs and Border Protection
(CBP) complaints including, but not limited to those from people stopped at U.S.
4
airports due to President Trump's January 27, 2017 executive order that were
submitted to Customs 8z. Border Protection via the "Submit a Complaint/Concern"
portal on the website between January 27, 2017 and January 30, 2017. (Case
Number CBP-2017-028271.)
•
On February 3,2017, James Shiffer, a writer with
Star Tribune
in Minneapolis,
Minnesota, requested from United States Customs and Border Protection (CBP)
the names and origins of international travelers whose final destination was
Minnesota and who were detained by U.S. immigration authorities as a
consequence of President Trump's January 27, 2017 executive order titled
"Protecting the Nation From Foreign Terrorist Entry Into The United
States." (Case Number CBP-2017-028421.)
•
On February 3,2017, Zachary Kopplin, a journalist in New Orleans, Louisiana,
requested from United States Customs and Border Protection (CBP) the
following: (1) protocols to restrict access to the United States based on political
activity and views; (2) documents related to restricting access to the United States
based on political views of the person crossing the border; and (3) documents
related to specific incidents where access to the United States was restricted based
on travelers having political views in opposition to President Donald Trump,
specifically when people tried to attend a feminist march on January 21,
2017. (Case Number CBP-2017-028422.)
•
On February 3, 2017, Sarah Owings, an attorney with
Antoni & Cohen
Immigration Law Group
in Atlanta, Georgia, requested from United States
Customs and Border Protection (CBP) records related to CBP staffing the Atlanta
Hartsfield airport on February 3,2017 from the hours of 4 pm EST until 12am
EST. (Case Number CBP-2017-028429.)
•
On February 3,2017, Jeffery Swain, an individual in Lexington, Kentucky,
requested from United States Customs and Border Protection (CBP) a summary
report that describes how many people from each country were admitted to the
US on January 28, 2017 and if CBP now asks and records the individual's religion
upon entry, provide a summary of that data as well - totals by major religion by
country. (Case Number CBP-2017-028528.)
•
On February 3,2017, Jennifer Janisch, a journalist with
CBS News
in New York
City, New York, requested from Federal Emergency Management Agency
(FEMA), Federal Law Enforcement Training Centers (FLETC), and Department
of Homeland Security (DHS) emails from the domain EOP.gov
to senior
managers, described by the name Capstone, or an electronic search of senior
managers mailboxes for cmails containing EOP.gov
in the "from
-
address from
January 20, 2017 to the present. (Case Number FEMA 2017-FEF0-01238,
FLETC FOIA 17-036 and HQ 2017-HQF0-00315.)
•
On February 3,2017, Brad Heath, a reporter with
USA Today
in Washington,
D.C., requested from Department of Homeland Security (DHS) the following: (1)
complete copy of any database listing persons detained at U.S. ports of entry
pursuant to the President's Executive Order "Protecting the Nation from Foreign
Terrorist Entry Into the United States," Exec. Order No. 13769, 82 Fed. Reg.
8,977 (Jan. 27, 2017) (The Executive Order); any database(s); and (2) complete
copy of any database(s) or other records listing persons denied entry to the United
5
States, including their names, ages and countries of origin, pursuant to the
Executive Order. (Case Number 2017-HQF0-00314.)
•
On February 3, 2017, Kate Bailey, a representative with
Judicial Watch
in
Washington, D.C., requested from Department of Homeland Security (DHS)
communications between officials or employees of the Department of Homeland
Security and officers, officials, employees, or representatives of the President-
Elect's Transition Team from November 15, 2016 to February 3,2017. (Case
Number 2017-HQF0-00316.)
•
On February 3,2017, Brad Heath, a reporter with
USA Today
in Washington,
D.C., requested from Department of Homeland Security (DHS) any electronic
mail messages, text messages, or other electronic messages sent or received since
January 20, 2017 with any person working in the White House or the Executive
Office of the President. (Case Number 2017-HQF0-00317.)
•
On February 3,2017, Anne Weismann, Chief Counsel with Citizens for
Responsibility and Ethics in Washington (CREW) in Washington, D.C.,
requested from Department of Homeland Security (DHS) all communications
from January 1,2017 to the present sent to or from anyone within the Executive
Office of the President and/or anyone acting on behalf of the Executive Office of
the President including, but not limited to, anyone on the Trump transition team,
to or from any staff of DHS concerning the president's executive order, issued on
January 27, 2017, "Protecting the Nation From Foreign Terrorist Entry Into the
United States." (Case Number 2017-HQF0-003 18,)
•
On February 3, 2017, Anne Weismann, Chief Counsel with Citizens for
Responsibility and Ethics in Washington (CREW) in Washington, DE.,
requested from Department of Homeland Security (DHS) all communications
from January 1, 2017 to the present sent to or from anyone within the Executive
Office of the President and/or anyone acting on behalf of the Executive Office of
the President including, but not limited to, anyone on the Trump transition team,
to or from any TSA staff concerning the president's executive order, issued on
January 27, 2017, "Protecting the Nation From Foreign Terrorist Entry Into the
United States." (Case Number 2017-HQF0-00319.)
•
On February 3,2017, Anne Weismann, Chief Counsel with Citizens for
Responsibility and Ethics in Washington (CREW) in Washington, D.C.,
requested from Department of Homeland Security (DHS) all communications
from January 1,2017 to the present sent to or from anyone within the Executive
Office of the President and/or anyone acting on behalf of the Executive Office of
the President including, but not limited to, anyone on the Trump transition team,
to or from anyone on the staff of the U.S. Immigrations and Customs
Enforcement ("ICE"), concerning the president's executive order, issued on
January 27, 2017, "Protecting the Nation From Foreign Terrorist Entry Into the
United States." (Case Number 2017-HQF0-00320.)
•
On February 3,2017, Anne Weismann, Chief Counsel with Citizens for
Responsibility and Ethics in Washington (CREW) in Washington, DE.,
requested from Department of Homeland Security (DHS) all communications
from January 1, 2017 to the present sent to or from anyone within the Executive
Office of the President and/or anyone acting on behalf of the Executive Office of
6
the President including, but not limited to, anyone on the Trump transition team,
to or from any USCIS staff concerning the president's executive order, issued on
January 27, 2017, "Protecting the Nation From Foreign Terrorist Entry Into the
United States." (Case Number 2017-HQF0-00335.)
•
On February 6,2017, Meg Wagner, a reporter with
Tribune Media
in New York,
New York, requested from United States Customs and Border Protection (CBP)
the following: (1) total number of travelers processed at Customs at all United
States airports in 2016, broken down by week; and (2) total number of travelers
processed at Customs at all United States airports to date 2017, broken down by
week. (Case Number CBP-2017-028825.)
•
On February 6,2017, Amel Guettatfi, a journalist with
VICE News
in Brooklyn,
New York, requested from United States Customs and Border Protection (CBP) a
spreadsheet with data reflecting the following for each individual incident
referenced in a complaint filed with CBP's Office of Internal Affairs between
January 1,2015 and January 1,2017: (1) case number; (2) Date the alleged
misconduct took place; (3) date the complaint was received; (4) complainant's
age or date of birth; (5) complainant's nationality or country of birth; (6)
complainant's gender; (7) complainant's primary language; (8) position title of
the agent against whom the complaint was made; (9) subject office (or border
sector); (10) primary field description code; (11) allegation summary; (12) charge
description; (13) decision action; (14) decision date; and (15) department or
component which investigated each complaint. (Case Number CBP-2017-
0288383
•
On February 6,2017, Amel Guettatfi, a journalist with
VICE News
in Brooklyn,
New York, requested from United States Customs and Border Protection (CBP)
incident reports and/or complaints against CBP officers and/or encounter reports
at any and all ports of entry containing the key terms
-
illegal search and/or racial
profiling and/or Muslim and/or race and/or racist and/or devout" filed with CBP's
Office of Internal Affairs between January 1, 2015 and January 1, 2017. (Case
Number CBP-2017-028850.)
•
On February 6, 2017, Charles J Glasser, a freelance journalist in West Orange,
New Jersey, requested from United States Citizenship and Immigration Services
(USCIS) correspondence pertaining to the EB-5 visa program between USCIS
and Senator Charles "Chuck" Crassley (R-IA), Senator Patrick Leahy (D-VT),
Congressman John Cornyn (R-TX), Congressman Bob Goodlatte (R-VA),
Congressman Darryl Issa (R-OH), Congressman Zoe Lofgren (D-CA), including
their respective aids or staff. (Case Number USCIS COW2017000115.)
•
On February 3,2017, Josh Voorhees, a writer with
Slate
in Iowa City, Iowa,
requested from Department of Homeland Security (DHS) records of
communications from November 7,2016 to February 6,2017, including but not
limited to emails, between the Department of Homeland Security and the Trump
Organization, including but not limited to those involving the following company
representatives: Donald J. Trump, Jr, Eric Trump, Ivanka Trump, Allen
Weisselberg, George Sorial, Jim Petrus, Matthew Calamari, Alan Garten, Michael
Cohen, Jason Greenblatt, Rhona Graff, Larry Glick, Ronald Lieberman, Jeff
Wagoner, Andrew Weiss, and Jill Martin. (Case Number 2017-HQF0-00321.)
7
•
On January 30, 2017,
Colin Byrd,
an individual in College Park, Maryland,
requested from Department of Homeland Security (DHS) the Feb. 3,2017 letter
Microsoft sent to Secretary of State Rex Tillerson and Secretary of Homeland
Security John Kelly imploring the Trump administration to create an exemption
under Section 3(c) of the executive order for "Responsible Known Traveler with
Pressing Needs." (Case Number HQ 2017-HQF0-00322.)
•
On February 6,2017,
Eleni Kyriakidcs,
a fellow with
Electronic Privacy
Information Center
in Washington, D.C., requested from the Department of
Homeland Security (DHS) the following records in possession of DI-IS
concerning compliance with court orders and the President's Executive Order: (1)
records of DHS "steps to comply with the 'court] orders;" (2) communications
between DHS and the Department of Justice to implement the Executive Order;
(3) communications between DHS and the Department of State to implement the
Executive Order; (4) memos and legal analyses of DHS action "ensuring that all
individuals affected by the executive orders, including those affected by the court
orders, are being provided all rights afforded under the law;" (5) communications
between DHS and "airline panners to prevent travelers who would not be granted
entry under the executive orders from boarding international flights to the U.S.;"
and (6) records discussing the origin, development, meaning, application, or
implementation of the phrase "significant derogatory information indicating a
serious threat to public safety and welfare." (Case Number 2017-HQF0-00324.)
•
On February 6,2017,
Lauren Dillon,
a representative with
Democratic National
Committee (DNC)
in Washington, D.C., requested from Department of
Homeland Security (DHS) TSA records (including legal opinions, emails,
memorandum, advisories, correspondence, telephone records, or any other
document) related to the Executive Order issued by the President of the United
States on January 27. 2017 entitled
-
Protecting the Nation From Foreign Terrorist
Entry into the United States" between January 20, 2017 and January 29, 2017.
(Case Number 2017-HQF0-00325.)
•
On February 6,2017,
Bradley Moss,
Deputy Executive Director with
The James
Madison Project
in Washington, D.C., requested from Department of Homeland
Security (DHS) the following Transportation Security Administration ("TSA")
records, including cross-references, memorializing the following: (2) guidance
provided by TSA to private and commercial airlines operating at U.S. airports
with respect to admission, denial of admission, and/or deportation of individuals
subject to President Trump's Executive Order, signed on January 27, 2017; (2)
communications (that are not encompassed by category #1) between TSA and
private and/or commercial airlines operating at U.S. airports with respect to
implementation of President Trump's Executive Order, signed January 27, 2017;
and (3) communications (that are not encompassed by categories #1 or #2)
between TSA and private and/or commercial airlines operating at U.S. airports
with respect to the judicial tidings imposing emergency stays and/or restraining
orders enjoining President Trump's Executive Order, signed January 27, 2017.
(Case Number HQ 2017-HW-00327.)
•
On February 6,2017,
Curtis Waltman,
a reporter with
MuckRock
News
in
Somerville, Massachusetts, requested from Department of Homeland Security
8
(DHS) after action reports, incident reports, memos, Special Event Threat
Assessments (SETA), or other official reports generated from the protests at
airports around the nation that sprung up January 27th 2017 and January 28th
2017 and January 29th 2017 in response to President Trump's executive order
banning entrance to the US from seven Middle Eastern countries for the following
airports: Boston Logan International Airport; Los Angeles International Airport;
New York JFK International Airport; Dallas/Fort Worth International Airport;
Washington Dulles International Airport; O'Hare International Airport in
Chicago; San Francisco International Airport; Hartsfield-Jackson Atlanta
International Airport: George Bush International Airport in Houston: and Portland
International Airport. (Case Number HQ 2017-HQF0-00329.)
•
On February 6,2017, Dana Liebelson, a journalist with
Huffington Post
in
Washington, D.C., requested from Department of Homeland Security (DHS)
emits and/or other documents among DHS staff, including entails with the
phrase "CcIhq.dhs.gov
", with employees from Geo Group and/or CoreCivic from
January 27, 2017 to January 31,2017. (Case Number HQ 2017-HQF0-00330.)
•
On February 6,2017, Roger Strother, an individual in Pearland, Texas,
requested from Department of Homeland Security (DHS) records from January
27, 2017 through February 6,2017 containing guidance from the White House or
the Office of Management and Budget on enforcing President Trump's executive
order to restrict entry to the United States by citizens from certain Middle Eastern
countries including instructions to restrict entry for U.S. permanent residents or
"green card" holders. (Case Number HQ 2017-HQF0-00331.)
•
On February 6, 2017, Curtis Waltman, a reporter with
MuckRock News
in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) entails to and from
(b)(6)
(b)(6)
generated from President Trump's executive order
banning entrance to the US from seven Middle Eastern countries, and the protests
at airports around the nation that sprung up January 27th 2017 and January 28th
2017 and January 29th 2017 with the following keywords: "Protest"; "Muslim":
"Trump"; "Media"; "Refugees"; "Court order"; "Federal judge"; "Ban";
"Executive order. (Case Number HQ 2017-HQF0-00332.)
On February 6,2017, Jason Leopold, an Investigative Reporter with
VICE News
in Beverly Hills, California, requested from Department of Homeland Security
(DHS) transition materials (NPPD, I&A, CRCL, OPS and USSS) that were
prepared by Department of Homeland Security component officials and provided
to the administration of Donald J. Trump presidential administration. (Case
Number HQ 2017-HQF0-00333 and 2017-HQF0-00336.)
On February 6,2017, Bradley Moss, a Deputy Executive Director with The
James Madison Project in Washington, D.C., requested from United States
Immigration and Customs Enforcement (ICE) copies of the following: Op
records memorializing discussions between ICE staff and private staff,
Presidential transition staff, and/or White House staff of President Donald J.
Trump ("President Trump") regarding the legality of (and recommended means of
implementing) an Executive Order barring entry of certain categories of foreign
(b)(6)
9
nationals based strictly on their nationality, including, but not limited to,
individuals who qualify as refugees, U.S. legal permanent residents, and holders
of a valid U.S. visa; (2) records memorializing discussions between TSA staff and
Members of Congress (as well as Congressional staff members) regarding the E0;
(3) records memorializing final determinations by ICE staff regarding the extent
the EC) would apply to U.S. citizens who hold dual citizenship; and (4) records
memorializing final determinations by ICE staff regarding the legality of the E0.
(Case Number HQ 2017-HQF0-00334.)
•
On February 6,2017, Nicholas Confessore, a reporter with
The New York Times
in New York, New York, requested from United States Secret Service (USSS)
visitor logs, between October 1, 2016 and January 19, 2017, maintained by the
United States Secret Service for the Presidential Transition Team offices at 1717
Pennsylvania Avenue NW, Washington, D.C. (Case Number 2017-HQF0-
00338.)
•
On February 6,2017, Justin Sink, a reporter with
Bloomberg News
in
Washington, D.C., requested from Department of Homeland Security (DHS) e-
mails or other documents, including attachments and replies to e-mails, memos, or
call notes (hereinafter the "Records"), that reference or were created in
conjunction to the implementation of the presidential executive order entitled
Protecting the Nation from Foreign Terrorist Entry into the United States. Only
records created between January 19, 2017 and January 23, 2017, and only records
that were created by or shared with Secretary John F. Kelly, Deputy Secretary
(acting), Chip Fulghum, Chief of Staff, Kirstjen Nielsen, Executive Secretary
(acting), Donald Swain, or General Counsel (acting). Joseph Maher. (Case
Number HQ 2017-HQF0-00342.)
•
On February 6, 2017, Eric Besson, a reporter with
Arkansas Democrat-Gazette
in Little Rock, Arkansas, internal communication related to the implementation of
President Donald Trump's executive order titled Border Security and Immigration
Enforcement Improvements, which was signed Jan. 25, 2017, not limited to
memoranda, training materials, policies and directives distributed to U.S.
Customs and Border Protection, U.S. Immigration and Customs Enforcement and
United States Citizenship and Immigration Services regarding the executive
order; copies of communication and documents from President Trump's
Executive Office or other agencies to Homeland Security that detail specific
immigration law-enforcement goals and how the goals might be accomplished.
(Case Number HQ 2017-HQF0-00363.)
•
On February 7,2017, Mitra Ebadolahi, an attorney with American Civil
Liberties Union (ACLU) in San Diego, California, requested from United States
Customs and Border Protection (CBP) records created on or after January 27,
2017 concerning CBP's interpretation, enforcement, and implementation at local
international airports to include the following; (1) President Trump's Executive
Order, signed on January 27, 2017 and titled
-
Protecting the Nation From Foreign
Terrorist Entry Into the United States"; (2) any guidance "provided to DI-IS field
personnel shortly" after President Trump signed the Executive, as referenced in
CBP's online FAQ; (3) Associate Director of Field Operations for U.S.
Citizenship and Immigration Services Daniel M. Renaud's email, sent at I I :12 on
10
January 27, 2017, instructing DHS employees that they could not adjudicate any
immigration claims from the seven targeted countries; (4) Judge Donnelly's
Decision and Order granting an Emergency Motion for Stay of Removal, issued
in the Eastern District of New York on January 27, 2017, including records
related to CBP's efforts to comply with the court's oral order requiring prompt
production of a list of all class members detained by CBP; (5) Judge Brinkema's
Temporary Restraining Order, issued in the Eastern District of Virginia on
January 28, 2017; (6) Judge Zilly's Order Granting Emergency Motion for Stay of
Removal issued in the Western District of Washington on January 28, 2017; (
7
)
Judge Burroughs' Temporary Restraining Order, issued in the District of
Massachusetts on January 29, 2017; (8) Judge Gee's Order granting an Amended
Ex Parte
Application for Temporary Restraining Order, issued in the Central
District of California on January 29, 2017; (9) Assurances from the U.S.
Attorney's Office for the Eastern District of Pennsylvania that all individuals
detained at Philadelphia International Airport under the Executive Order would be
admitted to the United States and released from custody on January 29, 2017; (10)
DHS's "Response to Recent Litigation" statement, issued January 29, 2017; (
11
)
DHS Secretary John Kelly's
-
Statement on the Entry of Lawful Permanent
Residents Into the United States,: issued January 29, 2017; (12) DHS's
"Statement on Compliance with Court Orders and the President's Executive
Order," issued on January 29, 2017; (13) other judicial order or executive
directive issued regarding the Executive Order on or after January 27, 2017; (14)
the total number of individuals who remain detained or subject to secondary
screening, extensive questioning, an enforcement examination, or consideration
for a waiver at local International Airports both as of the date of this request and
as of the date on which this request is processed; (15) the total number of
individuals who have been detained or subjected to secondary screening,
extensive questioning, an enforcement examination, or consideration for a waiver
for any length of time at local International Airports since January 27, 2017,
including the number of individuals who have been released, transferred into
immigration detention or removed from the United States; (16) records
concerning the number of individuals who have been removed from local
International Airports from January 27, 2017 to date pursuant to the Executive
Order; (17) records concerning the number of individuals who arrived at local
International Airports from January 27, 2017 to date with valid visas or green
cards who subsequently agreed voluntarily to return; and (18) records containing
the "guidance
-
that was "provided to DHS field personnel shortly" after President
Trump signed the Executive Order. (Case Number CBP-2017-028889, CBP-
2017-028891, CBP-2017-028914, CBP-2017-028918, and CBP-2017-029036.)
•
On February 7,2017, Rebekah Zemansky, a writer with
Tucson Sentinel
in
Phoenix, Arizona, requested from United States Customs and Border Protection
(CBP) reports & documents, including narrative reports and documentary media
(photos, maps, etc.) when available, for the following four incidents which all
occurred in Arizona: (1) incident date, 2016-10-14, corresponding Pima County
Sheriffs Department report (#161914976), multiple Tucson Sector agents aided in
the recovery of three sets of human remains reported by a member of a group
11
known as Project Bluelight; (2) incident date, 2014-03-04, corresponding Pima
County Sheriffs Department report (#140304045) multiple Tucson Sector agents
responded to a report of a young woman in distress,; (3) incident date, 2015-08-
14, corresponding Santa Cruz County Sheriffs Department report (#150814005),
a successful Tucson Sector search and rescue operation involving 4 men in
distress near Peck Canyon and Rio Rico; and (4) incident start date, 2001-05-23,
multiple Yuma Sector agents responded to an incident involving a large group
attempting to cross the desert during which 14 died, the group now being
popularly known as the Yuma 14 or Wellton 26. (Case Number CBP-2017-
029121.)
•
On February 7,2017, Stephanie Saul, a writer with
The New York Times
in New
York, New York, requested from United States Customs and Border Protection
(CBP) communications including emails, memos and other forms of
communications dated from January 26, 2017 through January 31, 2017 between
the Office of Customs and Border Patrol and commercial airlines that mention the
president's executive order "Protecting the Nation From Foreign Terrorist Entry
Into the United States." (Case Number CBP-2017-029181.)
•
On February 7,2017, Andrew Becker, a reporter with The Center for
Investigative Reporting in Emeryville, California, requested from Department of
Homeland Security (DHS) guidance, talking points, policy memos, notes, related
to the implementation of Executive Order on protecting the nation from foreign
terrorist entry into the United States. (Case Number HQ 2017-HQF0-00352.)
•
On February 7,2017, Andrew Becker, a reporter with The Center for
Investigative Reporting in Emeryville, California, requested from Department of
Homeland Security (DI-IS) the following records: (1) nationality/country of
origin, field office, date hearing was scheduled for, age of interviewee, gender of
interviewee, date appointment was originally made, and date of asylum
application; the number of legal permanent resident interviews/hearings cancelled
involving nationals from the seven countries temporarily barred from travel to the
United States based on Jan. 27, 2017 executive order, which a breakdown by
nationality/country of origin, field office, date hearing was scheduled for, age of
interviewee, gender of interviewee, date appointment was originally made, and
date of LPR application; (2) the number of pending applications for immigrant
visas and/or benefits involving nationals from the seven countries temporarily
barred from travel to the United States based on Jan. 27, 2017 executive order,
which a breakdown by nationality/country of origin, field office, age(s) of
applicant, gender of applicant, type of benefit sought, and date of application; and
(3) the number of pending applications for nonimmigrant visas involving
nationals from the seven countries temporarily barred from travel to the United
States based on Jan. 27, 2017 executive order, which a breakdown by
nationality/country of origin, field office, age(s) of applicant, gender of applicant,
type of benefit sought, and date of application. (Case Number HQ 2017-HQF0-
00353.)
•
On February 7,2017, Brendan Sasso, a fellow with Stanford University in
Stanford, California, requested from Department of Homeland Security (DHS) all
"talking-points" used to prepare statements for the news media or public
12
regarding the President's executive order, "Protecting the Nation from Foreign
Terrorist Entry Into the United States" from January 26, 2017 to January 31,
2017. (Case Number HQ 2017-HQF0-00354.)
•
On February 7, 2017, Joseph Trevithick, a journalist with
War is Boring
in
Alexandria, Virginia, requested from Department of Homeland Security (DHS)
standard questions Customs and Border Patrol Issues to personnel screening
individuals entering the United States in compliance with Executive Order
President Donald Trump issues on January 25, 2017; guidance communicated to
the aforementioned personnel regarding questioning individual entering the
United States in compliance with the EC); copy of any talking points CBP public
affairs personnel drafted in regards to the organizations activities in compliance
with the EO. (Case Number HQ 2017-HQF0-00355.)
•
On February 8,2017, Isaac Arnsdorf, a writer with
Politico
in Arlington,
Virginia, requested from United States Immigration and Customs Enforcement
(ICE) the following records relating to the interpretation and implementation of
President Donald J. Trump's January 27, 2017, Executive Order 13,769 entitled
"Protecting the Nation From Foreign Terrorist Entry Into the United States
("Executive Order"): (1) records created by the ICE since January 25, 2017,
related to any guidance given to any airline concerning the enforcement of the
Executive Order; (2) communications between ICE personnel and any airline
since January 25, 2017, concerning the implementation and interpretation of the
Executive Order; (3) records created or received by ICE since January 25, 2017,
concerning individuals who were not allowed to board international flights into
the United States, by any airline, as part of the enforcement of the Executive
Order; (4) records created or received by ICE since January 25, 2017, relating to
fines levied against any airline pursuant to 8 U.S.C. § 1323 or any other provision
of law for transporting individuals covered by the Executive Order into the United
States; (5) records created or received by ICE since January 25, 2017, related to
the compliance of any airline with the Executive Order or any directives enforcing
the Executive Order; (6) records created by or received by the ICE since January
25, 2017, concerning holders of green cards who have voluntarily abandoned their
status as a lawful permanent resident of the United States, pursuant to USCIS
Form 1-407; (7) records created by or received by the ICE since January 25, 2017,
concerning individuals who have withdrawn application for admission to the
United States by filling out USCIS Form 1-275 or otherwise; and (8) records
created or received by the ICE since January 25, 2017, concerning individuals
detained pursuant to the Executive Order. (Case Number HQ 2017-1-1QF0-
00358.)
•
On February 8,2017, Isaac Arnsdorf, a writer with
Politico
in Arlington,
Virginia, requested from United States Citizenship and Immigration Services
(USCIS) the following records relating to the interpretation and implementation
of President Donald J. Trump's January 27, 2017, Executive Order 13,769
entitled
-
Protecting the Nation From Foreign Terrorist Entry Into the United
States ("Executive Order"): (1) records created by or received by USCIS since
January 25, 2017, concerning holders of green cards who have voluntarily
abandoned their status as a lawful permanent resident of the United States,
13
pursuant to USCIS Form 1-407 or otherwise; (2) records created by or received by
USCIS since January 25, 2017, concerning individuals who have withdrawn
application for admission to the United States by filling out UCIS Form 1-275 or
otherwise; (3) records created or received by USCIS since January 25, 2017,
regarding any guidance on the proper administration of USCIS Forms 1-407, l-
275, or any other instrument by which an individual relinquishes their right to
enter the United States; (4) records created or received by USCIS since January
25, 2017, relating to the reallocation of USCIS personnel and funds in response to
the Executive Order's ban on accepting refugees from the seven impacted nations;
(5)
records created or received by USCIS since January 25, 2017, related to any
guidance given to any airline concerning the enforcement of the Executive Order;
(6)
records of communications between USCIS personnel and any airline since
January 25, 2017, concerning the implementation and interpretation of the
Executive Order; (7) records created or received by USCIS since January 25,
2017, concerning individuals who were not allowed to board international flights
into the United States, by any airline, as part of the enforcement of the Executive
Order; and (8) records created or received by USCIS since January 25, 2017,
related to the compliance of any airline with the Executive Order or any directives
enforcing the Executive Order. (Case Number HQ 2017-HQF0-00359.)
•
On February 8,2017, Isaac Arnsdorf, a writer with
Politico
in Arlington,
Virginia, requested from United States Citizenship and Immigration Services
(USCIS) the following records relating to the interpretation and implementation
of President Donald J. Trump's January 27, 2017, Executive Order 13,769
entitled "Protecting the Nation From Foreign Terrorist Entry Into the United
States (
-
Executive Order"): (1) records created or received by the CBP since
January 25, 2017, related to any guidance given to any airline concerning the
enforcement of the Executive Order; (2) records of communications between CBP
personnel and any airline since January 25, 2017, concerning the implementation
and interpretation of the Executive Order; (3) records created or received by the
CBP since January 25, 2017, concerning individuals who were not allowed to
board international flights into the United States, by any airline, as part of the
enforcement of the Executive Order; (4) records created or received by the CBP
since January 25, 2017, related to fines levied against any airline-pursuant to 8
U.S.C. § 1323 or any other provision of law-for transporting individuals covered
by the Executive Order into the United States; (5) records created or received by
the CBP since January 25, 2017, related to the compliance of any airline with the
Executive Order or any directives enforcing the Executive Order; (6) records
created or received by the CBP since January 25, 2017, concerning holders of
green cards who have voluntarily abandoned their status as a lawful permanent
resident of the United States, pursuant to USCIS Form 1-407; and (7) records
created or received by the CBP since January 25, 2017, concerning individuals
who have withdrawn application for admission to the United States by filling out
USCIS Form 1-275 or otherwise. (Case Number HQ 2017-HQF0-00360.)
•
On February 7,2017, Brian Freskos, a reporter with
The Trace
in New York,
New York, requested from Department of Homeland Security (DHS) the notices
under the Countering Violent Extremism (CVE) program sent to each grant
14
recipient advising them that they had been selected to receive grant funding under
CVE, as well as the application that each grant recipient submitted to seek CVE
funding. (Case Number HQ 2017-HQF0-00343.)
•
On February 7,2017, Lucia Rivas, an individual in Tiburon, California,
requested from Department of Homeland Security (DHS) documents related to
contact between Donald J. Trump/his business entities/his campaign personnel/his
relatives and Soviet government personnel/Soviet business entities. (Case
Number HQ 2017-HQF0-00347.)
•
On February 7, 2017. Adam Goldman, a reporter with
The New York Times
in
New York, New York, requested from Department of Homeland Security (DHS)
emails to or from DHS Secretary John Kelly, Kirstjen Nielsen, Alan Metzler,
Katherine Gorka. Sebastian Gorka. James Carafano, Thomas DiNanno, George
Selim, David Gersten and Ray Greer that mention the words "Countering Violent
Extremism" or "Islamic extremism" or "Radical" or "Islamist" or "Countering
Islamic Extremism" or "right-wing" or "white supremacist" from December I,
2016 to February 6,2017. (Case Number HQ 2017-HQF0-00348.)
•
On February 7,2017. Amel Guettatfi, a journalist with
VICE News
in Brooklyn,
New York, requested from United States Customs and Border Protection (CBP)
email addresses that contain the keywords "Hassan Shibly" and/or "Hassan"
and/or "Shibly" and/or "CAIR" and/or "Council on American-Islamic Relations"
and/or "Hasan" between January 1,2015 and January 1,2017 in the following
email accounts: (1)
(b)(
6
)
belonging to Rene Hanna; (2)
belonging to R. Gil Kerlikowske; (3)
belonging to Anna Hinken; (4)
belonging to Richard Chavez; and (5)
belonging to Kareem Shora. (Case Number CBP-
2017-029215.)
•
On February 7,2017, Cora Currier and Jenna McLaughlin, reporters with
The
Intercept,
requested from Department of Homeland Security (DHS) the following
records related to the President Trump executive order "Protecting the Nation
from Foreign Terrorist Entry Into the United States:" (1) communication among
DHS and CBP personnel, including supervisors, officers, managers, and union
representatives; (2) communication from or about travelers asking for
clarification or about the ban's effect; (3) communication between DHS or CBP
officials and the Executive Office of the President or other White House offices;
(4) communication between DHS or CBP officials and members of Congress or
congressional staffers, including aides to the House Judiciary Committee; (5)
communication between DHS or CBP officials and the staff or management of
commercial airlines; (6) communication between DHS or CBP officials and local
and state agencies, including local law enforcement and agents at airports of entry
such as General Edward Lawrence Logan International Airport (BOS), Los
Angeles International Airport (LAX), Washington Dulles International Airport
(IAD), Seattle-Tacoma International Airport (SEA), San Francisco International
Airport (SFO), Dallas/Fort Worth International Airport (DEW), and John F.
Kennedy International Airport (JFK); (7) communication between DHS or CBP
officials and non-government representatives and outside consultants, including
(b)(6)
(b)(6)
(b)(6)
(b)(6)
15
nonprofits, policy think tanks such as the Center for Immigration Studies and
Federation for American Immigration Reform, and private firms such as Giuliani
Partners; and (8) analysis and response of DHS or CBP officials to judicial orders
staying the enforcement of the executive order, including discussions of legal
liability for failing to follow those orders. (Case Number HQ 2017-HQF0-
00362.)
•
On February 8,2017, Alex Pasternack, an editor with
Vice News
in Brooklyn,
New York requested from Federal Emergency Management Agency (FEMA)
emails from the domain EOP.gov
to senior managers encompassed within the
required agency system for retaining emails of senior officials at DHS/FEMA,
which may be described by the name Capstone. (Case Number FEMA 2017-
FEF0-01236.)
•
On February 8, 2017 Matt Novak, a journalist with
Gizmodo
in West Hollywood,
California, requested from Office of Inspector General (OIG) records relating to
OIG hotline complaint summaries that include the phrase "Intel" from January,
2010 to February 8, 2017. (Case Number 2017-IGF0-00062.)
•
On February 8,2017, Michael Best, an individual with
MuckRock News
in
Somerville, Massachusetts, requested from United States Customs and Border
Protection (CBP) and Department of Homeland Security (DHS) emails from the
domain EOP.gov
to senior managers encompassed within the required agency
system for retaining emails of senior officials frequently called Capstone. (Case
Number CBP-2017-029308 and HQ 2017-HQF0-00340.)
•
On February 8,2017, Brendan O'Connor, a reporter with
Gizmodo
in New
York, New York, requested from Department of Homeland Security (DHS) non-
disclosure agreements that the agency has entered into as a party and non-
disclosure agreements that the agency has required staff to enter into as a party.
(Case Number HQ 2017-1-1QF0-00356.)
•
On February 8,2017, Derek Kravitz, a journalist with
ProPublica
in New York,
New York, requested from Department of Homeland Security (DHS) appointees
under Temporary Transition Schedule C (TTC) Authority and Temporary
Transition SES Appointing Authorities (NC SES) hired between January 20, 2017
and present (the return of this request), as specified in this memo:
https://wwvv.chcoc.gov/content/temporary-transition-schedule-c-authority-and-
temporary-transition-senior-executive-service
. (Case Number HQ 2017-HQF0-
00364.)
•
On February 8,2017, William F. Marshall, an investigator with Judicial Watch
in Washington, D.C., requested from Department of Homeland Security (DHS)
the following from January 10, 2016 to present: (1) records regarding, concerning
or relating to the designation or possible designation of US electoral systems as
"critical infrastructure" in accordance with Presidential Policy Directive (PPD)
#21 (2013); and (2) records of communication sent to or from DHS Secretary leh
Johnson, Deputy Secretary Russell Deyo, Chief of Staff Paul Rosen, Executive
Secretary Kimberly O'Connor and General Counsel Stevan Bunnell regarding the
designation or possible designation of US electoral systems as "critical
infrastructure" in accordance with Presidential Policy Directive (PPD) #21
(2013.) (Case Number HQ 2017-HQF0-00386.)
16
•
On February 8,2017,
William F. Marshall,
an investigator with
Judicial Watch
in Washington, D.C., requested from Department of Homeland Security (DHS)
records from July 1, 2016 to present in the Office of the DHS Secretary, including
but not limited to records of communications, regarding, concerning or relating to
President Obama's January 12, 2017 announced decision to end the "wet foot/dry
foot" policy of the United States with respect to granting special visa status to
Cuban immigrants landing on US shores. (Case Number HQ 2017-HQF0-
00387.)
•
On February 8,2017, Aaron Mackey, a fellow with Electronic Frontier
Foundation (EFF) in San Francisco, California, requested from Department of
Homeland Security (DHS) communications, including, but not limited to, letters,
emails, memos, agreements, contracts, proposals, and presentations, between the
Department of Homeland Security and the following individuals lobbying or
communicating on behalf of Palantir Technologies from 2015-2016: Terry Paul
(Cassidy and Associates); Vernon Simmons (Cassidy and Associates); Andrea
Napoli (Cassidy and Associates): James Atkin (Palantir Technologies): John
Mikolay (Palantir Technologies); Edward Burkhalter (Palantir Technologies);
Matthew Long (Palantir Technologies); Peter Thiel (Palantir Technologies.)
(Case Number HQ 2017-HQF0-003884
Late Requests
•
On August 14, 2016, Christopher Peak, a reporter with
NationSwell
in
Brooklyn, New York, requested from United States Coast Guard (USCG) the ten
oldest open Freedom of Information Act (FOIA) requests for the Department of
Homeland Security. (Case Number USCG 2017-CGF0-00811.)
•
On December 21, 2016, Chris Philips, an editor with
Fishermen's News
in
Seattle. Washington, requested from United States Coast Guard (USCG)
correspondence sent or received by Rear Admiral Anthony "Jack" Vogt, Admiral
Paul Zukunft or any other USCG official about the National Coast Guard
Museum planned for downtown New London. (Case Number USCG 2017-
CGF0-00815.)
•
On December 27, 2016, Julia Bergman, a journalist with
The Day
in New
London, Connecticut, requested from United States Coast Guard (USCG) emails
sent by Rear Admiral Mark E. Butt, Commander of the 13
th
Coast Guard District,
to US Environmental Protection Agency (EPA) Region 10 Administrator Dennis
McLerran, between December 5, 2016 and December 20, 2016. (Case Number
USCG 2017-CGF0-00815.)
•
On January 18, 2017. Todd Shepard, a representative with
Muckrock
in
Somerville, Massachusetts, requested from United States Immigration and
Customs Enforcement (ICE) audio recordings of Director Sarah Saldalia, Thomas
Homan, and Peter Edge, speaking with a journalist or journalists, or speaking
before an audience, which audio recordings were made by or maintained by or are
in in the custody of Saldafia, Homan, Edge, and/or any member of the ICEs
media team and/or press team. (Case Number ICE 2017-1CM-150744
17
•
On January 29, 2017, David Vanofsky, a reporter with
Quartz
in Palo Alto,
California, requested from United States Citizenship and Immigration Services
(USCIS) memorandum, instructions, policy briefings and guidance or similar,
received by USCIS staff on or after January 19, 2017 pertaining to the processing
of citizenship applications. (Case Number USCIS C0W2017000097.)
•
On January 31, 2017, Joseph Cox, a journalist with
MuckRock News
in
Somerville, Massachusetts, requested from United States Citizenship and
Immigration Services (USCIS) the following records: (1) contracts between
USCIS and Flashpoint Global Partners and any final reports generated or
delivered by Flashpoint Global Partners to USCIS over the past five years; and
(2) contracts between USCIS and EJ2 Communications Inc. and any final reports
generated or delivered by EJ2 Communications Inc. to USCIS over the past five
years. (Case Number USCIS CNT2017000005.)
•
On January 31, 2017, Norman Oder, a writer with Atlantic Yards Report in
Brooklyn, New York, requested from United States Citizenship and Immigration
Services (USCIS) documents that disclose communications with USCIS by
Senator Charles Schumer (D-NY) and/or his offices/staff members and/or his
Senate Judiciary Subcommittee on Immigration, regarding EB-5 and Atlantic
Yards. (Case Number USCIS C0W2017000105.)
•
On January 31, 2017, Josue Espinsoa, an individual in Valparaiso, Indiana,
requested from United States Citizenship and Immigration Services (USCIS)
documents related to the Government's policies pertaining to section (3) of
President Trump's January 27, 2017 Executive Order that may affect the
adjudication of any and all visas and other immigration benefits including but not
limited to naturalization, immigrant and non-immigrant visas and employment
authorization. (Case Number USCIS COW2017000107.)
•
On January 31, 2017, Katie Campbell, a journalist with
Pinal Central
in Casa
Grande, Arizona, requested from United States Customs and Border Protection
(CBP) immigration detainers issued to the Pinal County Sheriff's Office in Pinal
County, Arizona, by Border Patrol Station Casa Grande within the last year from
the date of this letter to include the names, dates of birth, nationalities,
booking/inmate numbers, latest criminal charges/convictions, and estimated
release dates of the aliens specified. (Case Number CBP-2017-027048.)
•
On January 31, 2017, Jason Cherkis, a reporter with the
Huffington Post
in
Washington, DE., requested from United States Immigration and Customs
Enforcement (ICE) emails and memos to and from Thomas Homan from January
1, 2017 to the present concerning executive orders as well as any emails and
memos using the search terms "Bannon," "Sessions," "Trump," "Iraq," "Iran,"
"green cards," "visas," "Dulles," "ACLU." (Case Number ICE 2017-ICE0-
14132.)
•
On January 31, 2017, Emily Stephenson, a reporter with
Reuters News
in
Washington, DC, requested from the Transportation Security Administration
(TSA) guidance sent to TSA agents between January 27-31, 2017, about
implementing/complying with President Trump's executive order on January 27,
2017, titled Protection Of The Nation From Foreign Terrorist Entry Into The
18
United States. (Case Numbers HQ 2017-HQFD-00328 and TSA 2017-TSFO-
00133.)
•
On January 31, 2017, Bradley Moss. a Deputy Executive Director with The
James Madison Project in Washington, D.C., requested from Transportation
Security Administration (TSA) copies of the following: ( I ) guidance provided by
TSA to private and commercial airlines operating at U.S. airports with respect to
admission, denial of admission, and/or deportation of individuals subject to
President Trump's Executive Order (EO), signed on January 27, 2017; (2)
communications with respect to implementation of and the E0; and (3)
communications with respect to the judicial rulings imposing emergency stays
and/or restraining orders enjoining the E0. (Case Number TSA 2017-TSFO-
00134.)
•
On January 31, 2017, Bradley Moss, a Deputy Executive Director with The
James Madison Project, in Washington, DE., requested from Transportation
Security Administration (TSA) copies of the following: ( I ) records
memorializing discussions between TSA staff and private staff, Presidential
transition staff, and/or White House staff of President Donald I Trump
("President Trump") regarding the legality of (and recommended means of
implementing) an Executive Order barring entry of certain categories of foreign
nationals based strictly on their nationality, including, but not limited to,
individuals who qualify as refugees, U.S. legal permanent residents, and holders
of a valid U.S. visa; (2) records memorializing discussions between TSA staff and
Members of Congress (as well as Congressional staff members) regarding the EO;
(3) records memorializing final determinations by TSA staff regarding the extent
the ED would apply to U.S. citizens who hold dual citizenship; and (4) records
memorializing final determinations by TSA staff regarding the legality of the E0.
(Case Number TSA 2017-TSF0-00135.)
•
On February I, 2017, Emily Stephenson, a journalist with
Reuters News
in
Washington, DE., requested from United States Customs and Border Protection
(CBP) guidance sent to the airlines Emirates and Etihad Airways about President
Trump's January 27, 2017 executive order related to international travel, including
any guidance, whether a formal notice or via email, from CBP to these airlines
from January 27, 2017 through February 1,2017 about compliance with the
executive order. (Case Number CBP-2017-027695 and HQ 2017-HQF0-00341.)
•
On February I, 2017, Aruna Viswanatha, a reporter with
The Wall Street
Journal
in Washington, DE., requested from United States Customs and Border
Protection (CBP) and Immigration and Customs Enforcement (ICE)
communications to or from Thomas Homan, Daniel Ragsdale, and James Spero
between January 1,2017 through February 1,2017 related to the Executive Order
issued on January 27, 2017 concerning immigration from countries including
Syria including documents sent to or from the named officials related to the order,
its implementation, and related to judicial proceedings and protests and
communications to or from the listed officials with the keywords "Muslim ban",
"extreme vetting", "ban", "protests", "green cards." (Case Numbers CBP-2017-
027605and ICE 2017-ICF0-14643.)
19
•
On February 1, 2017, Mary Finn, a representative with Democracy in Crisis in
Baltimore, Maryland, requested from United States Immigration and Customs
Enforcement (ICE) emails sent or received by Thomas D. Homan, Executive
Director of ICE Enforcement and Removal Operations (ERO) and ICE's current
Acting Director that contain words and phrases "DACA" and/or "Deferred Action
for Childhood Arrivals." (Case Number ICE 2017-ICF0-14627.)
•
On February 1,2017, Mary Finn, a representative with Democracy in Crisis in
Baltimore, Maryland, requested from United States Immigration and Customs
Enforcement (ICE) all emails sent or received by Thomas D. Homan, Executive
Director of ICE Enforcement and Removal Operations (ERO) and ICE's current
Acting Director that contain words and phrases "Trump" and/or "Donald Trump"
and/or "Make America Great Again." (Case Number ICE 2017-1CF0-14635.)
III.Freedom of Information Act Releases
•
On January 25, 2017, Federal Emergency Management Agency (FEMA) released
to Darren Fishell, a writer with
Bangor Daily News
in Portland, Maine, one
spreadsheet containing data related to the National Flood Insurance Program for
Maine. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 6. (Case Number FEMA 2016-FEF0-00354.)
•
On February 2,2017, United States Citizenship and Immigration Services
(USCIS) released to Maria C. Baca, a writer with
Albuquerque Journal
in
Albuquerque, New Mexico, two pages pertaining to New Mexico based EB-5
regional centers. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 4. (Case Number USCIS C0W2016001128.)
•
On February 1,2017, United States Citizenship and Immigration Services
(USCIS) released to Jefferson S. Garn, Deputy Attorney General with the State
of Indiana in Indianapolis, Indiana, 232 pages pertaining to the resettlement of
Syrian refugees in the United States since January 1,2011 and additional
information. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5 and 6. (Case Number USCIS NRC2016004704.)
•
On February 2,2017, United States Citizenship and Immigration Services
(USCIS) released to
Tim
Novak, a reporter with
Chicago Sun-Times
in Chicago,
Illinois, one Excel spreadsheet and 1,023 pages of records pertaining to Vista
Tower Investor, LLC. Portions of this response were withheld pursuant to
Freedom of Information Act Exemptions 3, 4, and 6. (Case Number USCIS
COW2016001004.)
•
On February 2,2017. United States Citizenship and Immigration Services
(USCIS) released to Danielle Prinz, a reporter with
WUFT News
in Gainesville,
Florida, 143 pages of emails related to the cancellation of naturalization
ceremonies on October 6, 2016 and October 7, 2016. Portions of this response
were withheld pursuant to Freedom of Information Ac Exemption 6. (Case
Number USCIS C0W2016001057.)
•
On February 2,2017, United States Citizenship and Immigration Services
(USCIS) released to Sophia Schirmer, a reporter with
Guardian News and
Media
in London, United Kingdom, one Excel spreadsheet consisting of data
pertaining to the following: (1) Monthly numbers for British nationals who have
20
applied for all Immigrant Visa in the United States between January through
August 20 16 to include numbers from January through July 20 15 for comparison;
and (2) Monthly numbers of British nationals who have applied for U.S.
Citizenship between January through August 2015 and January through July
2016. These records were released in full. (Case Number USCIS
COW2016000899.)
•
On February 2, 2017, Department of Homeland Security (DI-IS) released to
Ahilan Arulanantham, Deputy Legal Director with American Civil Liberties
Union (ACLU) in Los Angeles, California, 3 pages of communication including
an email and a summary of an upcoming community engagement
events. Portions of this response were withheld pursuant to Freedom of
Information Act Exemptions 5 and 6. (Case Number HQ 2016-HQF0-00491.)
•
On February 6,2017. United States Immigration and Customs Enforcement (ICE)
released to Andrew Becker, a reporter with The Center for Investigative
Reporting in Emeryville, California, one Excel workbook containing data related
to repatriations and removals of criminal Mexican nationals for each fiscal year
2011 to 2016. This record was released in full. (Case Number ICE 2017-ICF0-
09520.)
•
On February 6,2017, Transportation Security Administration (TSA) released to
Scott MacFarlane, a reporter with
NBC Washington
in Washington, D.C., 44
pages of "Premium Class Travel" reports filed by the agency in FY 2008, 2009,
2010, 2011 and 2012. Portions of this response were withheld pursuant to
Freedom of Information Act Exemption 6. (Case Number TSA 201 3-TSFO-
01497.)
•
On February 6,2016, Transportation Security Administration (TSA) released to
Michael Bolt, a reporter with
NBC Bay Area
in San Jose, California, five pages
listing each firearm that was lost or stolen and date recovered (if applicable)
between January 2005 through July 2015. This spreadsheet were released in
full. (Case Number TSA 2015-TSF0-00291.)
•
On February 7,2017, United States Customs and Border Protection (CBP)
released to Zachary R. Ziegler, a reporter with
Arizona Public Media
in Tucson,
Arizona, 182 pages of statistical data for the past 20 years of illegal drug arrests
and seizures along the Unites States and Mexico Border. These records were
released in full. (Case Number CBP CBP-20 17-025184.)
•
On February 7,2017, Federal Emergency Management Agency (FEMA) released
to Barbara Soderlin, a reporter with
Omaha World Herald
in Omaha, Nebraska,
151 pages containing the December 19, 2013 report, the June 19, 2014 report,
documents on Gallup's Internal Control System, and two documents on the
independent review of Gallup. Portions of this response were withheld pursuant
to Freedom of Information Act Exemption 6. (Case Number FEMA 2014-FEFO-
00898.)
•
On February 8,2017, United States Citizenship and Immigration Services
(USCIS) released to Daniel Rifkin, an representative with Catholic Charities of
Baltimore in Baltimore, Maryland, one page consisting of planned or expected
future changes to the Deferred Action for Childhood Arrivals program in
21
2017. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 5. (Case Number USCIS C0W2016001213.)
•
On February 8,2017, United States Citizenship and Immigration Services
(USCIS) released to David Bixenspan, a freelance writer in Long Beach, New
York, 47 pages pertaining to the Alien File of the late wrestler Christopher
"Gentleman" Adams. Portions of this response were withheld pursuant to
Freedom of Information Act Exemptions 3 and 6. (Case Number USCIS
COW2016001223.)
•
On February 8,2017, United States Customs and Border Protection (CBP)
released to Laura Strickler, a reporter with
CBS News
in New York, New York,
95 photographs and 33 videos of footage consisting of Secretary Johnson's visit to
the McAllen, Texas service area on May II, 2014. Portions of this response were
withheld pursuant to Freedom of Information Act Exemptions 6, 7(C),
7(E). (Case Number CBP CBP-2014-027639.)
•
On February 8, 2017, United States Immigration and Customs Enforcement
released to Andrew Becker, a reporter with
Center for Investigative Reporting
in
Emeryville, California, one Excel workbook with voluntary return information
from Fiscal Years 2011-2016. This document was released in full. (Case
Number ICE 2017-ICF0-09513.)
IV. Freedom of Information Act Appeals
•
On February 7, 2017, Scott Nichol, Borderlands Team Chair with Sierra Club in
McAllen, Texas, appealed the United States Customs and Border Protection
(CBP) response to their request for records pertaining to the construction
locations of border fencing in the vicinity of the communities of Roma, Rio
Grande City, and Los Ebanos, Texas which have been designated as 0-1, 0-2 and
0-3. The requester is contesting both the adequacy search and the redactions
made pursuant to Freedom of Information Act Exemptions 4 and 5 to the records
that were released. (Case Number CBP-AP-2017-028365.)
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
In the matter of
Jennifer Smith v. U.S. Immigration and Customs Enforcement,
(No. 16-02137), the plaintiff filed a Freedom of Information Act (FOIA) request
on or about May 22, 2013 seeking records relating to Mr. Jose Garcia Carballo.
Plaintiff filed a lawsuit on August 24, 2016 claiming constructive denial, and
sought a preliminary injunction to compel production. On January 30, 2017, ICE
released to plaintiff 46 pages of records.
•
In the matter of
Denise Gilman v. U.S. Department of Homeland Security (15-
cv-01248-LY), the plaintiff filed a Freedom of Information Act (FOIA) request on
March 31,2014 seeking records relating various detention policies. Plaintiff filed
a lawsuit on December 29, 2015 claiming constructive denial, and sought a
preliminary injunction to compel production. On February 3,2017, ICE released
to plaintiffs 300 pages records.
22
•
In the matter of
Barton Gellman v. DHS, (D.D.C. 15-cv-00635),
plaintiff filed a
Freedom of Information Act request on July 6, 2015 seeking records pertaining to
records on himself Plaintiff filed a lawsuit on April 4, 2016 claiming
constructive denial. On Februrary 7, 2017, Department of Homeland Security
(DHS), Privacy Office (PRIV), released to plaintiff 5,374 pages of records.
23
Freedom of Information Act Exemptions
Exemption 1: classified national defense and foreign relations information
Exemption 2: internal agency personnel rules and practices
Exemption 3: information that is prohibited from disclosure by another federal law
Exemption 4: trade secrets and other confidential business information
Exemption 5: inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6: information involving matters of personal privacy
Exemption 7: records or information compiled for law enforcement purposes, to the extent
that the production of those records 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: information relating to the supervision of financial institutions
Exemption 9: geological information on wells
24
Freedom of Information Act Activity for the Week of February 9-15, 2017
Privacy Office
February 24, 2017
Weekly Freedom of Information Act Report
I. Efficiency and Transparency—Steps
taken to increase transparency and make
forms and processes used by the general public more user-friendly, particularly web-
based and Freedom of Information Act related items:
•
NSTR
II.
On
Freedom of Information Act Requests
•
On February 9,2017,
Darwin Bond-Graham,
a journalist in San Francisco,
California, requested from Department of Homeland Security (DI-IS) the
following from January 20, 2017 to February 20, 2017: (1) communications sent
to the San Francisco ICE Field Office by, or on behalf of DHS Secretary John F.
Kelly; (2) communications sent to the San Francisco ICE Field Office by, or on
behalf of DHS Under Secretary Chip Fulghum; (3) communications sent to the
San Francisco ICE Field Office by, or on behalf of DI-IS General Counsel Joseph
Maher; (4) communications sent by the DHS General Counsel's office to the San
Francisco ICE Field Office concerning changes in policies, procedures, or
practices and guidance to implement new policies, procedures, practices; and (5)
communications sent by the DI-IS Immigration Law Division (IMM) office to the
San Francisco ICE Field Office concerning changes in policies, procedures, or
practices and guidance to implement new policies, procedures and practices.
(Case Number HQ 2017-HQF0-00368.)
•
On February 9,2017,
Alex Abdo,
representative with
Knight First Amendment
Institute at Columbia University
in New York. New York, requested from
Department of Homeland Security (DHS) the following: (1) directives,
memoranda, guidance, emails, or other communications concerning the speech of
government employees or contractors sent by the White House to any federal
agency since January 19, 2017, or sent by an agency to its employees or
contractors since January 19, 2017; (2) documents drafted by the agency since
January 19, 2017 containing policy or legal guidance or interpretation concerning
the speech of government employees or contractors; and (3) correspondence
between the agency and any of its employees or contractors concerning
restrictions on employees or contractors speech put in place since January 19,
2017. (Case Number HQ 2017-HQF0-00370)
•
On February 9,2017,
Rob Eno,
Director of Research with
Conservative Review
in Boston, Massachusetts, requested from Department of Homeland Security
(DHS) immigration records of Abdul Razak Ali Artan. (Case Number HQ 2017-
HQF0-00404.)
•
On February 9,2017,
Jill Macyshon,
a reporter with
CTV National News
in
Winnipeg, Manitoba, Canada, requested from United States Citizenship and
Immigration Services (USCIS) the number of Somali asylum seekers who have
had their applications denied since January 25, 2017. (Case Number USCIS
COW2017000129.)
1
•
On February 9,2017, Sara O'Brien, a reporter with
CNN
in New York, New
York, requested from the United States Citizenship and Immigration Services
(USCIS) 1-129 database of H- 1B accepted petitions for FY2014-2016. (Case
Number USCIS C0W2017000136.)
•
On February 10, 2017, Benjamin Stevenson, an attorney with American Civil
Liberties Union (ACLU) in Pensacola, Florida, requested from Unites States
Customs and Border Protection (CBP) records about the implementation by CBP
of President Trump January 27, 2017 Executive Order No. 13769 as it relates to
the Miami/Tampa Sector. (Case Number CBP-2017-030015.)
•
On February 10, 2017, Mitra Ebadolahi, an attorney with American Civil
Liberties Union (ACLU) in San Diego, California, requested from Unites States
Customs and Border Protection (CBP) records created on or after January 27,
2017 concerning CBP's interpretation, enforcement, and implementation of the
Presidents Executive Order " Protecting the Nation From Foreign Terrorist Entry
Into the United States" at local (Houston) International Airports. (Case Number
CBP-2017-030016.)
•
On February 10, 2017, Rebecca K. Glenberg, an attorney with American Civil
Liberties Union (ACLU) in Chicago, Illinois, requested from Unites States
Customs and Border Protection (CBP) records regarding CBEs interpretation and
enforcement of the Executive Order at the Local International Airports, not
information held in the records of CBP Headquarters including records held by
CBP employees and offices at the Local International Airports, and the
corresponding Port of Entry Offices and Regional Field Operations Office. (Case
Number CBP-2017-028985.)
•
On February 10, 2017, Emily Chiang, an attorney with American Civil
Liberties Union (ACLU) in Seattle, Washington, requested from Unites States
Customs and Border Protection (CBP) records regarding CBEs local
implementation of the Executive Order "Protecting the Nation from Foreign
Terrorist Entry into the United States." (Case Number CBP-2017-029174.)
•
On February 10, 2017, Mitra Ebadolahi, an attorney with American Civil
Liberties Union (ACLU) in San Diego, California, requested from Unites States
Customs and Border Protection (CBP) records regarding CBP's local
implementation of the Executive Order at international airports within the
purview of Portland (Field Office.) (Case Number CBP-2017-029366.)
•
On February 10, 2017, Isaac Arnsdorf, a writer with
Politico
in Arlington,
Virginia, requested from Unites States Customs and Border Protection (CBP)
records created or received by the CBP since January 25, 2017, related to any
guidance given to any airline concerning the enforcement of the Executive
Order, all communications between CBP personnel and any airline since January
25, 2017, concerning the implementation and interpretation of the Executive
Order, records created or received by the CBP since January 25, 2017, concerning
individuals who were not allowed to board international flights into the United
States, by any airline, as part of the enforcement of the Executive Order, records
created or received by the CBP since January 25, 2017, related to fines levied
against any airline—pursuant to 8 U.S.C. § 1323 or any other provision of law—
for transporting individuals covered by the Executive Order into the United
States, records created or received by the CBP since January 25, 2017, related to
the compliance of any airline with the Executive Order or any directives enforcing
the Executive Order, records created or received by the CBP since January 25,
2017, concerning holders of green cards who have voluntarily abandoned their
status as a lawful permanent resident of the United States, pursuant to USCIS
Form 1-407. 7, and records created or received by the CBP since January 25,
2017, concerning individuals who have withdrawn application for admission to
the United States by filling out USCIS Form 1-275 or otherwise. (Case Number
CBP-2017-029472.)
•
On February 10, 2017 Sara Ganim, a reporter with
CNN
in New York New
York, requested from Unites States Customs and Border Protection (CBP)
rejections of visa applications from Mexicans and Miami International Airport.
Specifically, passengers from Mexico turned away by CBP and information on
any cell phones that may have been confiscated for examination during such
entries at airports and the information that was on those cell phones. (Case
Number CBP-2017-029663.)
•
On February IC, 2017, Mitra Ebadolahi, a representative with American Civil
Liberties Union (ACLU) in San Diego, California, requested from Department
of Homeland Security (DHS) records created on or after January 27, 2017
concerning Custom and Border Protection's interpretation, enforcement, and
implementation of the President's Executive Order "Protecting the Nation from
Foreign Terrorist Entry into the United States" at local International Airports
including (1) President Trump's Executive Order, signed on January 27, 2017 and
titled "Protecting the Nation from Foreign Terrorist Entry Into the United States,"
(2) any guidance "provided to DI-IS field personnel shortly" after President Trump
signed the Executive Order, (3) Associate Director of Field Operations for United
States Citizenship and Immigration Services Daniel M. Renaud's email, sent at
11:12 am on January 27. 2017, instnicting DHS employees that they could not
adjudicate any immigration claims from the seven targeted countries, (4) Judge
Donnelly's Decision and Order granting an Emergency Motion for Stay of
Removal, issued in the Eastern District of New York on January 27, 2017,
including records related to CBP's efforts to comply with the court's oral order
requiring prompt production of a list of all class members detained by CBP, (5)
Judge Brinkema's Temporary Restraining Order, issued in the Eastern District of
Virginal on January 28, 2017, (6) Judge Zilly's Order Granting Emergency
Motion for Stay of Removal, issues in the Western District of Washington on
January 28, 2017, (7) Judge Burroughs' Temporary Restraining Order, issued in
the District of Massachusetts on January 29, 2017, (8) Judge Gee's Order granting
an Amended Ex Parte Application for Temporary Restraining Order, issued in the
Central District of California on January 29, 2017, (9) Assurances from the U.S.
Attorney's Office for the Eastern District of Pennsylvania that all individuals
detained at Philadelphia International Airport under the Executive Order would be
admitted to the United States and released from custody on Sunday, January 29,
2017, (10) DHS's "Response to Recent Litigation" statement, issued on January
29, 2017, (11) DHS Secretary John Kelly's "Statement on the Entry of Lawful
Permanente Residents Into the United States,
IF
issued on January 29, 2017, (12)
DHS's "Statement on Compliance with Court Orders and the President's
Executive Order," issued on January 29. 2017, and (13) any other judicial order or
executive directive issued regarding the Executive order on or after January 27,
2017; records concerning the number of individuals who were detained or
subjected to secondary screening, extending questioning, an enforcement
examination, or consideration for a waiver at Local International Airports
pursuant to the Executive Order including (1) the total number of individuals who
remain detained or subject to secondary screening, extending questioning, an
enforcement examination, or consideration for a waiver at Local International
Airports both as of the date of this request and as of the date on which this request
is processed, and (2) the total number of individuals who have been detained or
subjected to secondary screening, extending questioning, an enforcement
examination, or consideration for a waiver for any length of time at Local
International Airports since January 27, 2017, including the number of individuals
who have been release, transferred into immigration detention, or removed from
the United States; records concerning the number of individuals who have been
removed from Local International Airports from January 27, 2017, to date
pursuant to the Executive Order; records concerning the number of individuals
who arrived a Local International Airport from January 27, 2017 to date with
valid visas or green cards who subsequently agreed voluntarily to return; and
records containing the "guidance' that was "provided to DHS field personnel
shorty after President Trump signed the Executive Order. (Case Number 2017-
HQF0-00372.)
•
On February 10, 2017, Isaac Arnsdorf, a representative
with Politico
in
Arlington, Virginia, requested from Department of Homeland Security (DHS) the
following records created by United States Immigration and Customs
Enforcement (ICE) since January 25, 2017: (1) records related to any guidance
given to any airline concerning the enforcement of the Executive Order; (2)
communications between ICE personnel and any airline concerning the
implementation and interpretation of the Executive Order; (3) records created or
received concerning individuals who were not allowed to board international
flights into the United States, by any airline, as part of the enforcement of the
Executive Order; (4) records relating to fines levied against any airline pursuant to
8 U.S.C. § 1323 or any other provision of law for transporting individuals covered
by the Executive Order into the United States; (5) records related to the
compliance of any airline with the Executive Order or any directives enforcing the
Executive Order; (6) records created by or received concerning holders of green
cards who have voluntarily abandoned their status as a lawful permanent resident
of the United States, pursuant to USCIS Form 1-407; (7) records concerning
individuals who have withdrawn application for admission to the United States by
filling out USCIS Form 1-275 or otherwise: and (8) records concerning
individuals detained pursuant to the Executive Order. (Case Number HQ 2017-
LIQF0-00378.)
•
On February 10, 2017, Geoff Ziezulewicz, a freelance journalist in Washington,
D.C., requested from Department of Homeland Security (DHS) the following: (1)
communications of any kind with and/or concerning Amazon Web Services,
4
Amazon.com
, Inc., its employees, management, owners and/or anyone else
conducting business on behalf of Amazon.com
, Inc., including but not limited to
Jeff Bettis, from January 1,2009 to present; (2) other records, from January 1,
2009 to present, related in any way, to Amazon.com
, Inc., Amazon Web Services,
its employees, management, owners and/or anyone else conducting business on
behalf of Amacon.com
, Inc./Amazon Web Services, including but not limited to
Jeff Bettis; and (3) meeting/visitor logs, calendars, records relating to contracts,
audits, complaints, examinations or investigations, OGE Form 1353 reports of
non-governmental funded travel, Congressional correspondence, and
communication with the White House/EOP as it relates to items 1 and 2 with
DHS communication limited to Secretary Jeh Johnson, Deputy Secretary
Alejandro Mayorkas, Executive Secretary Kimberly O'Connor, Chief of Staff
Paul M. Rosen, General Counsel Stevan E. Bunnell, Under Secretary of
Management Russell C. Deyo, Under Secretary of Science and Technology
Reginald Brothers, and Inspector General John Roth. (Case Number 2017-
HQF0-00380.)
•
On February 10, 2017, Brendan O'Connor, a reporter with
Gizmodo Media
Group
in New York, New York, requested from Department of Homeland
Security (DHS) reports presented to DHS Secretary John Kelly on President
Donald Trump's "wall" along the U.S.-Mexico border. (Case Number HQ 2017-
HQF0-00397.)
•
On February 10, 2017, Anthony Fisher, a representative with
Muckrock
in
Somerville, Massachusetts, requested from United States Immigration and
Customs Enforcement (ICE) any memoranda or communications to or from the
Immigration and Customs Enforcement, Office of the Director and Deputy
Director pertaining to the "Office for Victims of Crimes Committed by
Removable Aliens," which President Trump ordered the creation of in an
executive order titled "Enhancing Public Safety in the Interior of the United
States" on January 25, 2017, along with any communications to or from the White
House regarding the creation of the "Office for Victims of Crimes Committed by
Removable Aliens." (Case Number ICE 2017-1CF0-15657.)
•
On February IC. 2017, Brendan O'Connor, a reporter with
Gizmodo Media
Group
in New York, New York, requested from United States Immigration and
Customs Enforcement (ICE) the following records between February 5,2017 to
February 10, 2017: ( I ) correspondence or communications between Enforcement
and Removal Operations officials and the Presidential Transition Team; (2)
correspondence or communications maintained by Jon Gurule pertaining to the
Executive Orders signed by President Donald Trump; and (3) correspondence or
communications between Enforcement and Removal Operations Field Operations
Division and ERO's 24 national field offices pertaining to targeted enforcement
actions undertaken. (Case Number ICE 2017-ICF0-15661.)
•
On February 13, 2017, Mary Finn, a reporter with
Democracy in Crisis in
San
Francisco, California, requested from Depafiment of Homeland Security (DHS)
email records from January 20, 2017 to February 1,2017 regarding official
government business received by John Kelly (Sec. of Homeland Security) from or
to current officials of the White House who used email addresses other than their
5
assigned istate.govI email addresses to conduct official White House business.
(Case Number 2017-HQF0-00373.)
•
On February 13, 2017, Dana Liebelson, a reporter with
Huffington Post
in
Washington, D.C., requested from Department of Homeland Security (DHS) the
following: ( I ) records pertaining to Customs and Border Protection (CBP) emails
and/or other documents among the United States Customers and Border
Protection staff, including emails from Kevin McAleenan and Randolph Alles,
with any White House officials, including emails with the phrase
"@who.eop.gov
," regarding the Executive Order "Protecting the Nation from
Foreign Terrorist Entry Into the United States," including implementation
guidance any other discussion, and any emails including the names Reince
Pricbus, Stephen Bannon or Stephen Miller; (2) emails and/or other documents
among DHS staff, including the phrase "OtThq.dha.gov
," with any officials from
U.S. Customs and Border Patrol, including Kevin McAleenan and Randolph
Alles, regarding the Executive Order "Protecting the Nation from Foreign
Terrorist Entry Into the United State," including implementation guidance and
any other discussion; (3) emails and/or other documents among the United States
Customs and Border Protection staff and law enforcement officials working with
Dulles International Airport, including officials with the Metropolitan
Washington Airport Authority, regarding the Executive Order "Protecting the
Nation from Foreign Terrorist Entry Into the United States" including
implementation guidance and any other discussion and any relevant court
decisions. (Case Number HQ 2017-HQF0-00375.)
•
On February 13, 2017, Adam Serwer, a reporter with
The Atlantic
in
Washington, D.C., requested from Department of Homeland Security (DHS)
communications between the Department of State, Customs and Border
Protection, Department of Justice Office of the Attorney General, the Office of
Legal Counsel, Office of the Secretary of Homeland Security, Executive Office of
the President, Immigration and Customs Enforcement, and United States
Citizenship and Immigration Services regarding or pertaining to Executive Order:
"Protecting The Nation From Foreign Terrorist Entry Into The United States."
(Case Number HQ 2017-HQF0-00376.)
•
On February 13, 2017, Brendan O'Connor, a reporter with
Gizmodo Media
Group
in New York, New York, requested from Department of Homeland
Security (DHS) the following from September 1,2016 through the date this
request is processed: (1) records, documents, emails, questionnaires, memoranda
or other correspondence or communications between Enforcement and Removal
Operations officials and the Trump Presidential Transition Team, regardless of
format, medium or physical characteristics and including electronic records and
information including both in-agency and external communications; (2) records,
documents, emails, questionnaires, memoranda or other correspondence or
communications maintained by Jon Gurulc, Assistant Director for Field
Operations for Enforcement and Removal Operations, pertaining to executive
orders signed by President Donald Trump; and (3) records, documents, emails,
questionnaires, memoranda or other correspondence or communications between
Enforcement and Removal Operations Field Operations Division and ER0's 24
6
national field offices pertaining to targeted enforcement actions undertaken
between February 5 and February 10,2017. (Case Number HQ 2017-HQF0-
00381.)
•
On February 13, 2017, Daniel DcFraia, a freelance journalist in Boston,
Massachusetts, requested from Department of Homeland Security (DHS) copies
of the following from November 8, 2016 to the processing of the request: (1)
requests for assistance from the White House (Executive Office of the President,
Domestic Policy Staff, Office of Management and Budget) or any Federal agency,
as that term is defined in 5 USC Section 551) in providing information on TWP;
(2) responses from Homeland Security to any Federal agency Requests, in the
form of records, from other Federal agencies concerning TWP; (3) records that
provide estimates of the costs and/or distance of the border wall of construction or
reconstruction of The Wall; (4) records that discuss the environmental
implications of building or reconstructing The Wall; (5) records that discuss
potential legal and/or regulatory obstacles to building The Wall; (6) records that
discuss the design, construction, reconstruction, cost of The Wall; (7) records that
discuss the REAL ID Act and/or Homeland Security; and (8) records that discuss
potential consequences and/or benefits of building/not building the wall. (Case
Number HQ 2017-HQF0-00399.)
•
On February 13, 2017, Eleni Kyriakides, a fellow with Electronic Privacy
Information Center (EPIC) in Washington, D.C., requested from Department of
Homeland Security (DI-IS) the following records in possession of the agency
concerning statements made by DHS Secretary John Kelly in a February 9,2017
interview with NPR; ( 1 ) records, including memos and talking points prepared
for the NPR interview, concerning DHS plans to require entrants to the U.S. to
provide Internet browsing history and passwords to their website accounts,
including but not limited to their social media profiles; (2) records, including
memos and talking points prepared for the NPR interview, concerning DHS plans
to require entrants to the U.S. to provide their cell phone conversations and cell
phone contact books; and (3) records, including memos and talking points
prepared for the NPR interview, concerning a policy between the White House
and Secretary Kelly, or DHS, to facilitate rollout of Executive Orders, including
any procedure to notify of members of Congress and the press. (Case Number
HQ 2017-HQF0-00400.)
•
On February 13, 2017, Megan Wilson, a reporter with
The Hill
in Washington,
D.C., requested from United States Immigration and Customs Enforcement (ICE)
documents, directives, memoranda, records of communications, and legal papers
to the ICE staff regarding Executive Order 13769: "Protecting the Nation from
Foreign Terrorist Entry into the United States" signed by President Trump on
January 27, 2017 including but limited to instructions on how to enforce the
order. (Case Number ICE 2017-ICF0-15748.)
•
On February 13, 2017, Megan Wilson, a reporter with
The Hill
in Washington,
D.C., requested from United States Immigration and Customs Enforcement (ICE)
any communications between members of Congress, employees, and ICE senior
officials regarding Executive Order 13769: Protecting the Nation from Foreign
7
Terrorist Entry into the United States, signed by President Trump on Jan. 27,
2017. (Case Number ICE 2017-1CF0-15753.)
•
On February 13, 2017, Anthony Fisher, a representative with Muckrock in
Somerville, Massachusetts, requested from Department of Homeland Security
(DHS) the following: (1) memoranda or communication to or from DHS
pertaining to the "Office for Victims of Crimes Committed by Removable
Aliens," which President Trump ordered the creation of in an executive order
titled "Enhancing Public Safety in the Interior of the United States" on January
25, 2017; and (2) communication to or from the White House, including those
conducted via personal email for government business, regarding the creation of
the "Office for Victims of Crimes Committed by Removable Aliens." (Case
Number HQ 2017-HQF0-00379.)
•
On February 13, 2017, Megan Wilson, a journalist with
The Hill
in Washington,
DC, requested from the Department of Homeland Security (DHS) documents,
directives, memoranda, records of communications, and legal papers to the United
States Immigration and Customs Enforcement staff regarding Executive Order
13769, "Protecting the Nation from Foreign Terrorist Entry into the United
States," signed by President Trump on January 27, 2017 including but limited to
instructions on how to enforce the order. (Case Number HQ 2017-HQF0-00389.)
•
On February 14, 2017, Philip Wiese, an individual in San Francisco California,
requested from Department of Homeland Security (DHS) documents related to
non-disclosure agreements signed by legislative aides to assist in the drafting of
the President's Executive Order entitled "Protecting the Nation from Foreign
Terrorist Entry into the United States?' (Case Number HQ 2017-HQF0-00384.)
•
On February 14, 2017, Brad Heath, a reporter with
USA Today
in Mclean,
Virginia. requested from Department of Homeland Security (DHS) any electronic
mail messages, instant messages, SMS, MMS, or other electronic messages sent
or received by Secretary Kelly since he assumed office, including any messages
regarding departmental business, regardless of whether those messages are stored
or were sent or received using departmental or personal accounts. (Case Number
HQ 2017-HQF0-00385.)
•
On February 14, 2017, Emily Stephenson, a reporter with
Reuters
in
Washington, D.C., requested from Department of Homeland Security (DHS)
documents detailing the number of asylum interviews/hearings and legal
permanent resident interviews/hearings that were cancelled following the issuance
of the January 27, 2017 executive order and that involved nationals of the seven
countries temporarily barred from travel by that executive order; the total number
of pending applications as of January 27 for asylum or legal permanent residence
status made by nationals from the seven countries temporarily barred from travel
in the January 27 executive order. (Case Number HQ 2017-HQF0-00391.)
•
On February 14. 2017, Mike Feuer, City Attorney with the Los Angeles City
Government in Los Angeles, California, requested from Department of
Homeland Security (DHS) the following records: (1) name of each person bound
for, or who landed at, LAX since January 27, 2017, who was traveling either
under a valid immigrant or non-immigrant visa, or other legal authorization, to
enter the U.S. if that individual is from Iraq, Syria, iran, Sudan, Libya, Somalia, or
8
Yemen, or traveling under a USC15 refugee application (hereinafter "Traveler");
(2) name of each Traveler detained at LAX pursuant to Executive Order No
13769, entitled "Protecting the Nation From Foreign Terrorist Entry Into the
United States" (EO") For purposes of this inquiry, "detained" shall be broadly
interpreted, and shall mean an instance in which a Traveler has been kept or held
in custody, confinement, or interrogation, whether for questioning, searching or
surveillance; (3) name and immigration status of each Traveler who landed at
LAX, but who did not enter the United States for any reason whatsoever,
including the Traveler's involuntary removal from the United States, or his or her
allegedly voluntary decision to leave the United States prior to entry into the
Country; (4) date and time each Traveler either entered the United States or was
removed from, or departed without entry into, the Country; (5) final destination
for each Traveler who landed at LAX and was removed or left without entry into
the United States; (6) any Traveler continues to be detained pursuant to the EO,
records that show where the Traveler is being detained; (7) If the passport of any
Traveler was confiscated, and continues to be in the possession of the federal
government in furtherance of the EO, the name of that Traveler; (8) for each
Traveler detained at LAX pursuant to the EO, or who left without entry into the
United States, provide any known connection to Los Angeles, including the
residence of the Traveler, names and contact information for the Traveler's family
members or sponsors, the place of employment of the Traveler, and if the
Traveler is a student, the name of the school the Traveler attends; and (9) if,
pursuant to the ED, any Traveler was detained, removed or left before entering
the United States after landing at LAX signed any document or form, or provided
any written statement to any federal official, please provide a copy of that
document or statement. (Case Number 2017-HQF0-00393.)
•
On February 14, 2017, Eric Besson, a reporter with
Arkansas Democrat-Gazette
in Little Rock, Arkansas, requested from Department of Homeland Security
(DHS) active memoranda of understanding or other agreements between the
Department of Homeland Security and state and local agencies authorized through
Section 287(g) of the Immigration and Nationality Act. (Case Number 2017-
HQF0-00394.)
•
On February 14, 2017, Kim Miller, a fellow with Electronic Privacy
Information Center (EPIC) in Washington, D.C., requested from Department of
Homeland Security (DHS) the following: (1) records prepared for the February 7,
2017. House Committee on Homeland Security hearing "Ending the Crisis:
America's Borders and the Path to Security," including memos and talking points,
concerning Secretary Kelly's experience with having his personal data stolen in
the Office of Personnel Management data breach; (2) records prepared for the
above names Febniary 7,2017 hearing, including memos and talking points,
concerning DHS plans to increase aerial border surveillance, including but not
limited to aerostats; and (3) records prepared for the above named February 7,
2017 hearing, including memos and talking points, concerning DHS plans to use
individual's internet and social media information to vet potential entrants to the
U.S. (Case Number HQ 2017-HQF0-00395.)
9
Late Requests
•
On December 28, 2016, Robert Frump, a freelance journalist in Summit, New
Jersey, requested from United States Coast Guard (USCG) vessel inspection
records conducted by the Travelling Inspection Office that resulted in operational
controls/major non-conformities or presentations/reports on ACP programs during
2014, 2015, and 2016. (Case Number USCG 2017-CGF0-00828.)
•
On December 28, 2016, Robert Frump, a freelance journalist in Summit, New
Jersey, requested from United States Coast Guard (USCG) documents concerning
inspection of EL MORRO from 2014 onward, and records pertaining to the
removal of the ship from service. (Case Number USCG 2017-CGF0-00829.)
•
On January 19, 2017, Spencer Woodman, a reporter with
VOX Media
in New
York, New York, requested from United States Immigration and Customs
Enforcement (ICE) department-wide logs detailing inmates in ICE custody being
placed in solitary confinement (or administrative segregation.) (Case Number
ICE 2017-1CF0-15375.)
•
On January 20, 2017, Dana Liebelson, a reporter with the
Huffington Post
in
Washington, D.C., requested from United States Immigration and Customs
Enforcement (ICE) data related to 1-9 inspections conducted by ICE in fiscal year
2015. (Case Number ICE 2017-1CF0-15393.)
•
On January 20, 2017, Joseph Cox, a representative with
Muckrock
in Somerville,
Massachusetts, requested from United States Immigration and Customs
Enforcement (ICE) guidelines, presentations, policy statements, memoranda, and
briefs held about or concerning the Central California Darknet Strike Force.
(Case Number ICE 2017-1CF0-15407.)
•
On January 22, 2017, Beryl Lipton, a representative with
MuckRock
in
Somerville, Massachusetts, requested from United States Immigration and
Customs Enforcement (ICE) records pertaining to ICE G-324-A Inspection
Forms, associated "Condition of Confinement Review" worksheets, other ICE
detention standards review worksheets, and all other associated materials
regarding inspections of all ICE-related facilities including Contract Detention
Facilities, Service Processing Centers, facilities used via Intergovernmental
Service Agreements or similar agreements, facilities utilized under agreement
with or in pannership with the U.S. Marshals Service, or any other facilities used
for the detainment of individuals by this agency. (Case Number ICE 2017-ICF0-
15807.)
•
On January 23, 2017, Michael Miller, a reporter with
The Washington Post
in
Washington, DE., requested from United States Immigration and Customs
Enforcement (ICE) written requests for the early delivery of an alien made during
fiscal year 2016. (Case Number ICE 2017-1CF0-15684.)
•
On January 24, 2017, Tracy Wood, a reporter with the
Voice of OC
in Santa
Ana, California, requested from United States Immigration and Customs
Enforcement (ICE) deportation data pertaining to Orange County, California.
(Case Number ICE 2017-ICFO-15817.)
10
•
On February 6,2017, Amy Taxin, a reporter with
Associated Press
in Tustin,
California, requested from United States Citizenship and Immigration Services
(USCIS) records pertaining to data from 1-407 forms, Abandonment of LPR
status, 2012 to present. (Case Number USCIS C0W2017000120.)
III.Freedom of Information Act Releases
•
On February 9,2017, United States Customs and Border Protection (CBP)
released to Jason Ruch, a reporter with
San Antonio Express-News
in San
Antonio, Texas, 3,357 pages of records consisting of guidelines for processing
forfeitures and seizures. Portions of this response were withheld pursuant to
Freedom of Information Act Exemptions 2 and 7(E). (Case Number CBP-2016-
064023.)
•
On February 9,2017, United States Citizenship and Immigration Services
(USCIS) released to James West, a digital editor with
Mother Jones
in New
York, New York, 828 pages of the results of FOIA requests COW2016000233,
NRC2016047439, COW2016000333, COW2016000767, and COW2016000780.
Portions of this response were withheld pursuant to Freedom of Information Act
Exemption 6. (Case Number USCIS COW2016001194.)
•
On February 9, 2017. ICE released to James Dooley, an investigative reporter
with the
University of Hawaii Press,
11 pages concerning Mr. Laity Mehau, an
influential Hawaii businessman, political figure, and alleged organized crime
figure who passed away in 2015. Portions of this response were withheld
pursuant to Freedom of Information Act Exemptions 5, 6, 7(C), and 7(E). (Case
Number ICE 2016-1CF0 44511)
•
On February 9,2017, United States Customs and Border Protection (CBP)
released to Edwin Mora, an individual with
Breitbart News Network
in
Alexandria, Virginia, 142 pages of records regarding government incursions on
the United States-Mexico border for fiscal years 2013 through 2015. Portions of
this response were withheld pursuant to Freedom of Information Act Exemptions
6,7(C), and 7(E). (Case Number CBP-2015-020933.)
•
On February 10, 2017, Department of Homeland Security(DHS) released to
Patrick Taurel, a lawyer with American Immigration Council in Washington,
D.C., 20 pages pertaining to the training of ICE personnel and the implementation
of the Memorandum from Secretary Jeh Johnson entitled "Policies for the
Apprehension, Detention and Removal of Undocumented Immigrants" issued on
November 20, 2014. Portions of this response were held pursuant to Freedom of
Information Act Exemption 6. (Case Number HQ 2016-HQF0-00449.)
•
On February 14, 2017, Department of Homeland Security (DHS) released to
Stephen Reilly, a reporter with
USA Today
in McLean, Virginia, the one page
DHS response letter, dated May 11,2016, from Under Secretary for Management
Russell C. Deyo to Senator Charles E. Grassley (R-IA) pertaining to information
regarding employees who allegedly solicit prostitutes. This record was released
in full. (Case Number HQ 2016-HQF0-00516.)
•
On February 14, 2017, Department of Homeland Security released to Michael
Best, a reporter for
MuckRock
in Somerville, Massachusetts, 14 pages of
communication from 2015 and 2016 relating to, sent to or from, or mentioning
11
John Kelly. Portions of this response were withheld pursuant to Freedom of
Information Act Exemption 6. (Case Number HQ 2017-HQF0-00181.)
•
On February 14, 2017, United States Immigration and Customs Enforcement
(ICE) released to Chris Newman, a representative with the National Day
Laborer Organizing Network (NDLON) in Los Angeles, California, 190 pages
and four spreadsheets pertaining policies, procedures, objectives, data and
statistical information related to FSCO-ICE programs. Portions of this response
were withheld pursuant to FOIA Exemptions 5, 6, 7(C), and 7(E). (Case Number
ICE 2016-ICF0-00716.)
•
On February 14, 2017, Federal Emergency Management Agency (FEMA)
released to Scott MacFarlane, a reporter with
NBC News
in Washington, D.C.,
74 pages of emails from the accounts of Craig Fugate, Richard Serino or
MaryAnn Tierney dated between October 2012 and November 2012 that include
any of the following keywords: Vincent Grey, Mayor Grey, Governor O'Malley,
Martin O'Malley, Robert McDonnell, Bob McDonnell, Governor McDonnell,
O'Malley, or McDonnell. Portions of this response were withheld pursuant to
Freedom of Information Act Exemption 6. (Case Number FEMA 2013-FEFO-
00841.)
•
On February 15, 2017, United States Customs and Border Protection (CBP)
released to Jennifer Newell, an attorney with American Civil Liberties Union
(ACLU) in San Francisco, California, four pages pertaining to the procedures for
processing, screening, and repatriation of unaccompanied alien children from
contiguous countries. Portions of this response were withheld pursuant to FOIA
Exemptions 5, 6, 7(C), and 7(E). (Case Number CBP CBP-2015-048441.)
•
On February 15, 2017, Transportation Premium Security Administration (TSA)
released to Michael Grabell, a reporter with
ProPublica
in New York, New
York, 99 pages of communications between Rapiscan Systems (or OSI Systems)
and TSA regarding testing of the backscatter X-ray machines and the release of
those tests to the public. Portions of this response were withheld pursuant to
Freedom of Information Act Exemptions 2, 4,5, and 6. (Case Numbers TSA
2011-TSF0-00738 and 2011-TSF0-00782.)
•
On February 15, 2017, Federal Emergency Management Agency (FEMA)
released to Jason Kande!, Digital News Producer with
NBC4 News
in Universal
City, California, six pages consisting of the Lessons Learned/Continuous
Improvement Program (LL/CIP) which replaced the legacy "Remedial Action
Management Program" (RAMP) database. The records were Exreleased in
full. (Case Number FEMA 2017-FEF0-00848.)
IV.Freedom of Information Act Appeals
•
On February 16, 2017, Jason Buch, a reporter with the
San Antonio Express-
News
in San Antonio, Texas, appealed the United States Customs and Border
Protection (CBP) response to a request for passenger manifests for the Learjet
bearing tail number XB-LYG from Jan. 1 2005 until the receipt of the original
request. The CBP response withheld all records full. The requester appealed the
full denial and the failure to identify exemptions used to withhold. (Case Number
CBP-AP-2017-031579.)
12
•
On February 17, 2017, Jason Ruch, a reporter with the
San Antonio Express-
News
in San Antonio, Texas, appealed the United States Customs and Border
Protection (CBP) response to a request for passenger manifests for the Learjet
bearing tail number NI 35GL from Jan.1, 2005 until the receipt of the original
request. The CBP response withheld all records full. The requester appealed the
full denial and the failure to identify exemptions used to withhold. (Case Number
CBP-AP-2017-031649.)
V. Freedom of Information Act Appeals Releases
•
NSTR
VI. Litigation
•
In the matter of
Southern Poverty Law Center v. Department of Homeland
Security, etal.
(No. 1:16-mi-99999-UNA), plaintiff filed a Freedom of
Information Act (FOIA) request on January 7,2016 seeking records relating to
immigration enforcement operations (immigration raids). On August 9,2016,
plaintiff filed a lawsuit claiming constructive denial, and sought a preliminary
injunction to compel production. On February 6,2017, United States
Immigration and Customs Enforcement (ICE) released 37 Excel spreadsheets to
plaintiff.
•
In the matter of
First Look Media Works v. Department of Homeland Security
(No. 1:16-cv-02165-CCK), plaintiff filed a Freedom of Information Act (FOIA)
request on May 23, 2016 seeking records relating to the United States
Immigration and Customs Enforcement (ICE) use of GangNet software. Plaintiff
filed a lawsuit on October 31, 2016 claiming constructive denial, and sought a
preliminary injunction to compel production. On February 8,2017, ICE released
120 pages of records to plaintiff.
•
In the matter of
ACLU v. Department of Homeland Security (15-cy-00247 -DT),
plaintiffs filed a Freedom of Information Act request on December 3,2014, for
records related to the abuse and mistreatment of children in the custody of United
States Customs and Border Protection (CBP), and its sub-agency, the United
States Border Patrol (BP). On February 10, 2017, Department of Homeland
Security (DHS) Office of Inspector General (OIG) released 1973 pages of records
to the plaintiff.
•
In the matter of
Detention Watch Network v. DHS
(S.D. NY. 1:14-cv-00583),
plaintiff filed a Freedom of Information Act request on November 25, 2013, as
modified March 25, 2014, seeking records pertaining to the Detention Bed
Mandate. Plaintiff filed a lawsuit on January 30, 3014, claiming constructive
denial. On February 15, 2017, Department of Homeland Security, Privacy Office,
(PRIV) released 1,450 pages to the plaintiff.
3
Freedom of Information Act Exemptions
Exemption 1: classified national defense and foreign relations information
Exemption 2: internal agency personnel rules and practices
Exemption 3: information that is prohibited from disclosure by another federal law
Exemption 4: trade secrets and other confidential business information
Exemption 5: inter-agency or intra-agency communications that are protected by legal
privileges
Exemption 6: information involving matters of personal privacy
Exemption 7: records or information compiled for law enforcement purposes, to the extent
that the production of those records 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, E) would disclose techniques and procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or procedures,
or F) could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: information relating to the supervision of financial institutions
Exemption 9: geological information on wells
14
