[[link removed]][[link removed]]

court
held
that
the
respondent’s
access
to
his
or
her
records
is
not
conditioned
on
filing
a
request
under
the
Freedom
of
Information
Act
(FOIA).
The
decision
is
rooted
in
a
statutory
interpretation
of
INA
§240(c)(2)(B)
–
“the
mandatory
access
law.”
After
the
court’s
decision,
many
believed
Dent
would
compel
the
government
to
routinely
produce
A-files
in
removal
proceedings
in
the
Ninth
Circuit
and
potentially
in
other
jurisdictions.
Immigrants
and
their
attorneys
have
not
found
that
to
be
the
case,
however,
and
still
must
routinely
file
FOIA
requests
to
obtain
individual
immigration
records,
even
in
the
Ninth
Circuit.


Disclosure
of
the
requested
records
in
response
to
this
FOIA
will
clarify
agency
policies
and
practices
with
respect
to
Dent
v.
Holder.
By
obtaining
and
analyzing
current
agency
guidance,
the
Council
may
assess
whether
the
agency
abides
by
the
Court’s
order
and
agency
policy
directives.


Read
more:
Council
Seeks
Information
About
Access
to
Immigration
Records
in
Removal
Proceeding
[[link removed]]
NOTEWORTHY
*
Gaining
Insight
on
ICE
and
CBP’s
Immigration
Enforcement
Databases
In
an
effort
to
document
the
complicated
network
of
databases
employed
in
immigration
enforcement,
the
Council
filed
a
FOIA
lawsuit
against
U.S.
Customs
and
Border
Protection
(CBP)
and
ICE.
The
Council
sought
to
compile
a
list
of
databases,
information
systems,
and
other
records
related
to
immigration
law
enforcement
to
increase
public
understanding
and
identify
records
maintained
by
the
agencies.


Though
the
agencies
did
not
provide
a
comprehensive
list
of
its
databases,
they
confirmed
in
litigation
that
CBP
and
ICE
periodically
update
webpages
that
list
privacy
compliance
documents
for
required
databases
and
information
systems.
Using
DHS
privacy
and
compliance
documents,
such
as
Privacy
Impact
Assessments
(PIAs)
and
System
of
Records
Notices
(SORNs),
the
Council
created
a
list
detailing
known
systems
and
has
made
it
available
to
support
public
understanding
of
immigration
enforcement
databases,
and
the
terms
and
language
the
government
uses.


Read
More:
Understanding
Immigration
Enforcement
Databases
[[link removed]]


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