FOIA Requests Filed With DHS In FY2004
The Department of Homeland Security's (DHS) Privacy Office has released
the
DHS's Freedom of Information Action (FOIA) annual report for Fiscal
Year
(FY) 2004. For the report, see here.
Overall Summary of FOIAs Responses
During FY2004 (October 1, 2003 through September 30, 2004) over 152,000
FOIA
and Privacy Act requests were processed. Approximately 33 percent
received a
full release of the requested data while 40 percent received a partial
release. The responses for other requests varied, including that DHS
had no
responsive records; DHS had transferred the records to another agency;
the
request was withdrawn; or the documents were exempt from release.
Response to FOIA Requests
Response times to FOIAs varied. For simple requests, response times
ranged
from 19 to 84 days. Complex requests took between 5 and 111 days. The
DHS
does, however, have a backlog of FOIA requests. At the end of FY2004,
46,000
FOIA requests were backlogged.
When and Where to File the FOIA Request
When there are unanswered questions about filings and case history, an
FOIA
request can be beneficial. Most immigration-related cases do not
require the
filing of an FOIA request with the DHS. In cases where a petition or
application was filed, but the applicant or petitioner did not retain a
copy
of the filing, filing an FOIA with the U.S. Citizenship and Immigration
Services (USCIS) may be more useful since it is the agency with which
the
filing may exist. If the U.S. Customs and Border Protection (CBP) will
not
permit an individual to enter the country, filing an FOIA to request
the CBP
records may assist the person in determining the reason for the denial
and
assess whether the CBP has any incorrect information.
No Guarantee that All Documents will be Provided
As indicated in the statistics above, an FOIA filing does not always
result
in the federal agency providing all of the documents requested in a
particular case. There are specific FOIA provisions determining what
information may be given and what should not be released. Some
documents are
released in part. Certain internal agency documents pertaining to
investigations may be omitted. Other documents may be withheld for
security
and privacy reasons. While there is an appeal process, there are simply
some
documents that can never be obtained under the FOIA provisions.
Specific versus General FOIA
Typically, a specific FOIA will only request documents associated with
one
event, such as an H1B petition filing. It will be written narrowly and
will
only ask for documents related to that petition filing. A general FOIA,
however, may ask for everything the government has on a particular
person or
a variety of issues.
Usually, a specific FOIA will receive a faster response because there
will
be fewer documents for the DHS to review, copy, and send. The documents
must
each be reviewed to determine whether there are any reasons to exclude
the
documents from release. The more expansive or open-ended requests are
generally placed on a slower track and take more time to process. There
are
times, however, when the case history and facts are sufficiently
unclear, so
that a general FOIA may be the only way to get the needed information.
Conclusion
Besides the individual concerned or the employer in a particular case,
often
the press or media files under the FOIA to obtain copies of the
internal
workings of an agency to share that information with the public.
FOIA can be a powerful tool that allows the public and the media to
monitor
federal agencies, especially when there is a concern that individual
liberties may be trespassed under the guise of protecting and providing
security for the masses. This summary on FOIA released by DHS will help
a
person wishing to file an FOIA request with the DHS, or any other
agency, to
better understand the possible delays and problems in obtaining all the
required documents pursuant to an FOIA filing.
This article originally appeared in Murthy Bulletin on www.murthy.com. Reprinted with permission.
About The Author
Sheela Murthy is the founder of the Law Office of Sheela Murthy, P.C. which consists of over 45 full time attorneys, paralegals, and support staff, who provide excellent service in the area of U.S. Immigration Law to clients worldwide. The Office of Sheela Murthy, P.C. handles cases ranging from Fortune 500 companies, mid-sized and small companies, to individuals who are undergoing the U.S. immigration process. A graduate of Harvard Law School with an LL.M degree and herself an immigrant, Attorney Murthy understands the complexities of immigration and empathizes with those faced with its challenges.
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
Copyright © 1999-2005 American Immigration LLC, ILW.COM
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