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 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 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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Posted on January 18, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/sx70W The Washington Post reports that in response to an ACLU FOIA lawsuit, federal prosecutors in New York say they cannot meet a judge’s demands to quickly deliver documents about thousands of immigrants who have been detained nationwide for months or years as their immigration statuses are reviewed.
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Posted on December 14, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A settlement agreement was reached in a lawsuit challenging USCIS’s policy of withholding asylum officer interview notes from FOIA responses. Under the agreement, USCIS must instruct employees involved in processing FOIA requests that asylum officer interview notes generally are to be produced.
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Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court found that INA §240(c)(2) which provides that the alien “shall have access” to non-confidential A-file documents compelled the government to provide such documents to Petitioner without requiring him to file a FOIA request. (Dent v. Holder, 11/9/10)
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Posted on June 23, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet.
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