|
 
THE LATEST FILINGS
- Investigating U.S. Immigration and Customs Enforcement (ICE) Methods for Providing Records to Immigrants in Removal Proceedings
The Council submitted a FOIA request seeking information about how ICE implements Dent v. Holder, a Ninth Circuit case interpreting the agency’s obligations to provide certain records to individuals in removal proceedings.
In Dent, the court found that the Immigration and Nationality Act (INA) requires the government to turn over copies of documents in cases where removability is contested. The 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 Proceedings
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
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.
Make a donation today.
|
