March 26, 2018 Freedom of Information Act Office FOIA Officer 500 12 th Street SW, Stop 5009 Washington, D.C. 20536 5009 ICE-FOIA@ice.dhs.gov Re: Request Under the Freedom of Information Act Regarding Immigration Detainers, 287(g) Agreements, and Basic Ordering Agreements in Georgia, South Carolina, and North Carolina Dear FOIA Officer: This letter constitutes a request by Project South and the University of Georgia School of Law s Community Health Law Partnership (Community HeLP), made pursuant to the Freedom of Information Act ( FOIA ), 5 U.S.C. 552. This request seeks records and information related to detainers (also known as Form I- 247, Form I-247D, Form I-247N, Form I-247X, and Form I-247A ) issued by the U.S. Immigration and Customs Enforcement ( ICE ) Atlanta Field Office to law enforcement agencies and officers in Georgia, South Carolina, and North Carolina, as well as related data regarding detentions by state or local law enforcement for purposes of immigration enforcement. For the reasons explained below, we request a waiver or reduction of applicable fees as well as expedited processing. I. Request for Records We request the following, pursuant to FOIA: 1. All detainers (Forms I-247, I-247D, I-247N, I-247X, and/or I-247A) issued by ICE to any Georgia, South Carolina, and/or North Carolina state or local law enforcement entity on or after February 3, 2015, up to the time that this request is
processed, as well as all records 1 reflecting the result of these detainer requests, including but not limited to the following information: a. The time and date of the detainer s issuance; b. Whether the detainer was an I-247, an I-247D, an I-247N, an I-247X, or an I-247A; c. The receiving agency, jail, or police department to which the detainer was sent; d. The basis for determining probable cause that the individual who was the subject of the detainer was removable, if known; e. The method by which ICE learned of the individual who was the subject of the detainer, if known; f. The name and location of the state or local law enforcement agency or officer who initially arrested the individual who was the subject of the detainer, if known; g. The time and date the individual was arrested or detained by local or state law enforcement, if known; h. The time and date, if any, on which the detainer was cancelled or lifted, and the reason the detainer was cancelled or lifted; i. The time and date the individual completed serving any applicable penal sentence, if known; j. The time and date the individual paid any applicable criminal bond, if known; k. The criminal offense code, if any; l. The time and date, if any, that the individual who was the subject of the detainer was taken into ICE custody; m. The time and date of release or bookout from ICE custody, if any; n. In the event of release or bookout from ICE custody, the reason for this release (e.g., detainer cancelled, individual removed, prosecutorial discretion, etc.); 1 See 5 U.S.C. 552(f)(2) (defining record as (A) any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and (B) any information described under subparagraph (A) that is maintained for an agency by an entity under Government contract, for the purposes of records management. ).
o. The nationality and/or country of origin of the individual who was the subject of the detainer, if known. 2. Any and all additional data or records reflecting the total number of detentions by state or local law enforcement in Georgia, South Carolina, and/or North Carolina, for purposes of facilitating immigration enforcement actions by ICE against the individual, including those detentions which did not involve issuance of a detainer, from February 3, 2015, up to the time this request is processed. Please indicate the number of such instances that involved the issuance of a detainer and the number that did not. 3. Documents, emails, or other communications sent between Department of Homeland Security, Customs and Border Patrol, and/or ICE and any Georgia, South Carolina, or North Carolina state or local law enforcement agency on or after February 3, 2015, regarding any of the following topics: a. Requests to verify an individual s immigration status and/or citizenship, including, but not limited to, incident or investigation reports; b. The transfer of an individual or individuals from the state or local law enforcement entity to ICE; c. Claims of U.S. citizenship by individuals subject to immigration detainers; d. Claims of lawful permanent resident status, refugee status, or other lawful status by individuals subject to immigration detainers; e. Complaints by individuals subject to immigration detainers regarding the legality of the detainers; f. The 48-hour limitation on detention pursuant to an immigration detainer, and any information, claims, or objections that an individual has been illegally or improperly detained beyond that limit; g. The Secure Communities program, the Priority Enforcement Program, detainers, immigration holds, and/or presence of ICE agents in local jails. 4. An explanation of any codes or shorthand descriptions used in the data. 5. Any guidance documents, memoranda, memoranda of understanding, emails, contracts, or other records or communications indicating or relating to ICE agents
having access to, or working within, state or local law enforcement facilities in Georgia, South Carolina, or North Carolina. 6. Any communications or other records of applications by state or local law enforcement entities in Georgia, South Carolina, or North Carolina for 287(g) agreements, and decisions or responses to those applications. 7. Any communications or other records of communications between ICE and state or local law enforcement entities in Georgia, South Carolina, or North Carolina concerning or initiating Basic Ordering Agreements (BOAs) or the BOA program in general. 8. All records or other information regarding detained individuals who are or who claim to be U.S. citizens and who have been referred to ICE by any state or local law enforcement entity in Georgia, South Carolina, or North Carolina. 9. All policies, procedures, and/or guidance provided to any state or local law enforcement entity in Georgia, South Carolina, and/or North Carolina related to handling immigration detainers or detained individuals. 10. Any data or statistics regarding individuals transferred to ICE following arrest by state or local law enforcement officials in Georgia, South Carolina, or North Carolina on or after February 3, 2015, and up until the date this request is processed. This includes, but is not limited to, data or statistics breaking down information about these individuals by criminal history, priority level, race, and/or country of origin. II. Request for Waiver of Fees We request a waiver or reduction of fees pursuant to 5 U.S.C. 552(a)(4)(A)(ii)(II) 2 for the following reasons. 2 Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media. 5 U.S.C. 552(a)(4)(A)(ii)(II).
Project South meets the statutory and regulatory definitions of a representative of the news media because it is an entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. Project South publishes reports about government activity and civil liberties issues based on its analysis of information derived from various sources, including information obtained from the government through FOIA requests. Project South also uses this information to produce fact sheets, Know Your Rights materials, and other educational resources, which are distributed to the public at no cost. These materials constitute information that is about current events or that would be of current interest to the public. 3 Additionally, the Community Health Law Partnership is housed within the University of Georgia School of Law and expands the educational opportunities available to law students by offering an environment in which they can independently manage cases and work directly with clients to resolve legal barriers to healthcare, including a variety of immigration matters. Clinical students who receive a response to this request will prepare a report on its contents, which will be available to interested members of the public through the University library. The report will also be available for free to the public online through the University of Georgia School of Law s institutional repository, Digital Commons. As a branch of the University of Georgia, the School of Law and the Community HeLP Clinic play a unique role and hold a unique responsibility in the University s mission to teach, to serve, and to inquire into the nature of things because they are able to access legal information and release it in a format that is helpful and comprehensible to the University community and the wider public whose lives it may affect. We further request a waiver or reduction of any remaining fees under 5 U.S.C. 552(a)(4)(A)(iii) 4, as the issue of immigration detainers is in the public interest and has 3 For examples of organizations similar in nature to Project South that have been deemed representatives of the news media for purposes of FOIA, see, e.g., Elec. Privacy Info. Ctr. v. Dep t of Defense, 241 F. Supp. 2d 5, 10-15 (D.D.C. 2003) (finding non-profit public interest group that disseminated an electronic newsletter and published books was a representative of the media for purposes of FOIA); Nat l Security Archive, 880 F.2d at 1387; Judicial Watch, Inc. v. Dep t of Justice, 133 F. Supp. 2d 52, 53-54 (D.D.C. 2000) (finding Judicial Watch, self-described as a public interest law firm, a news media requester) 4 Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute
generated intense attention from advocates, policy makers, and the general public. Your response to this request will be used to contribute to that discussion as it is likely to contribute significantly to public understanding of the operations or activities of the government, in this case the operations and activities of state and local law enforcement entities in collaboration with ICE or otherwise for purposes of immigration enforcement. This request and the planned use of its response are not primarily in the commercial interest of Project South or the Community HeLP Clinic, and materials generated from its contents will be available to the public free of charge. For these reasons, we request exemption from any search and review fees this request may accrue because of Project South s status as a representative of the news media and the Community HeLP Clinic s status within an educational institution. III. Request for Expedited Processing Expedited processing of this request is necessary both because there is a compelling need for the information and because there is [a]n urgency to inform the public about an actual or alleged federal government activity. 5 U.S.C. 552(a)(6)(E)(i)(I). The public has a pressing interest in obtaining information about the rapidly increasing collaboration between local law enforcement in Georgia, South Carolina, and North Carolina and ICE. This collaboration has consequences for both local policing and federal immigration enforcement efforts. Accordingly, information responsive to this request will shed light on these questions of significant public concern. Expedited processing is necessary to shed light on the relevant information and policies in a manner that is timely enough to allow meaningful debate and democratic process. We emphasize, as explained above, that this request is made by institutions that are primarily engaged in disseminating information. See 6 C.F.R. 5.5. IV. Certification The Requesters certify that the above information is true and correct to the best of the Requesters knowledge. See 6 C.F.R. 5.5(d)(3). significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. 5 U.S.C. 552(a)(4)(A)(iii).
*** Thank you for your consideration of this request. If this request is denied in whole or in part, Project South and the Community HeLP Clinic ask that the government justify all redactions by reference to specific FOIA exemptions. Please also specify the search that was undertaken to locate records responsive to this request. We expect the government to release all segregable portions of otherwise exempt material. We reserve the right to appeal a decision to withhold any information or to deny a waiver of fees. Any payment by Project South and the Community HeLP Clinic shall not be construed to constitute an acceptance of any decision to deny the fee waiver request. We look forward to your reply to this request within twenty business days, as required under 5 U.S.C. 552(a)(6)(A)(i). Should you wish to discuss this request, please contact Azadeh Shahshahani at (404) 622-0602 or azadeh@projectsouth.org. Sincerely, Azadeh Shahshahani Legal and Advocacy Director Project South