Posted on March 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
n December, an ICE request to delete records was granted. The request to delete records, which was filed in 2015 under the Obama administration, would include documents relating to detainee deaths, sexual assaults, and abuse allegations while in ICE custody. On Tuesday, the ACLU filed a FOIA request to get access to the documents before they are deleted. The ACLU has argued that these documents should be protected in order to keep ICE accountable in the future
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Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In December, a federal judge ruled that ICE violated the Freedom of Information Act (FOIA) when it denied immigration lawyers access to their client’s files. ICE’s reasoning was that the clients in ICE custody were “fugitives,” but that is not one of the stated exceptions under FOIA. ICE used this justification for denying FOIA requests at least 333 times between July 21, 2017 and April 4, 2019. As of this week, the government has about a month remaining to appeal the decision.
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Posted on January 28, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In December, a federal judge ruled that ICE violated the Freedom of Information Act (FOIA) when it denied immigration lawyers access to their client’s files. ICE’s reasoning was that the clients in ICE custody were “fugitives,” but that is not one of the stated exceptions under FOIA. ICE used this justification for denying FOIA requests at least 333 times between July 21, 2017 and April 4, 2019. As of this week, the government has about a month remaining to appeal the decision.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Electronic Frontier Foundation (EFF) filed a lawsuit against the Trump administration on November 12 to compel the government to release documents under the Freedom of Information Act (FOIA). Specifically, EFF is looking for information on “the number of individuals whose DNA had been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships.” The DNA testing used by the government claims to have results within 90 minutes, which has raised some questions on accuracy. Additionally, though the government claims that the DNA tests are voluntary based on consent forms, EFF has concerns about coercion. According to EFF, the consent forms claim that refusing a DNA test can result in family separation. Right now, the lawsuit is only about getting information under FOIA.
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Posted on November 19, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Electronic Frontier Foundation (EFF) filed a lawsuit against the Trump administration on November 12 to compel the government to release documents under the Freedom of Information Act (FOIA). Specifically, EFF is looking for information on “the number of individuals whose DNA had been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships.” The DNA testing used by the government claims to have results within 90 minutes, which has raised some questions on accuracy. Additionally, though the government claims that the DNA tests are voluntary based on consent forms, EFF has concerns about coercion. According to EFF, the consent forms claim that refusing a DNA test can result in family separation. For now, the lawsuit is only about getting information about the testing under FOIA.
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Posted on July 1, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.
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Posted on June 27, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced the latest phase in the expansion of its FOIA Immigration Records System (FIRST). USCIS online account holders may now submit FOIA requests online for their own records and will soon be able to submit online requests for non-A-File material.
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Posted on August 7, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has introduced the second phase of the FOIA Immigration Records SysTem (FIRST). Phase two allows all FOIA requestors to create a USCIS online account, track their cases, and receive their responses electronically.
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Posted on June 6, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online.
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Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”
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