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WHO WE'RE SUING (AND WHY)
- U.S. Department of Homeland Security and Immigration Enforcement Agencies
U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) rely on a variety of unknown systems and databases for immigration enforcement. To uncover this information, the Council filed FOIA requests to CBP and ICE requesting records about their network of databases, information systems, and data sharing methods.
The Council filed a lawsuit after CBP and ICE failed to respond to our requests.
Read More: Council Sues Immigration Agencies for Records of Enforcement Databases
DOCUMENT DIVE
- Border Patrol Agents Screening Migrants’ Fear-Based Claims for Protection
In 2019, the government piloted a program to transfer responsibility for conducting asylum screening interviews, known as credible fear interviews, from USCIS to CBP. This meant CBP, a law enforcement agency with a well-documented history of antagonism towards asylum-seekers, replaced USCIS officials trained to carry out immigration benefit adjudications, including asylum claims. The pilot program was marked by secrecy, with virtually no information released to the public.
The Council and Tahirih Justice Center filed a FOIA lawsuit demanding records about the program that forced the agencies to release thousands of documents with important details about the credible fear screening process. The Council and Tahirih continue to press for additional documents and for redacted documents to be released in full.
Though the pilot program was preliminarily enjoined as unlawful, details about CBP’s role in credible fear screenings are still vital. Border Patrol agents continue to play a role in screening fear-based claims for protection from expulsion under Title 42 of the U.S. Code. As the current administration offers new proposals for screening asylum seekers arriving at the United States border, the public has a compelling interest in this pilot. It is vital to understand how and why immigration authorities designed a program to replace highly trained asylum officers with CBP officers, how the program affected the credible fear process, and the impact on asylum seekers subjected to the program.
Read more: FOIA Lawsuit Demands Information About CBP Officers’ Role in Credible Fear Interview Process
DIG DEEPER
The American Immigration Council works to hold the government accountable on immigration issues. We harness freedom of information requests, litigation, and advocacy to expose wrongdoing and promote transparency within immigration agencies.
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