Overview
FOIA
Requests and Other Background Checks: A Practical Guide to Filing Records
Requests in Immigration Cases provides practitioners with a
one-stop guide for information about why, when, where, and how to file
background checks in immigration cases. This guide describes the various
federal agencies and components that generally hold immigration records,
explains how to request records and appeal denials or incomplete responses, and
provides tips for certain circumstances, such as representing minors or
immigrants in removal proceedings.
New in this Edition - The importance of filing records requests and descriptions of the
main types of records requests;
- The various criminal background checks available, including FBI
background checks, state background checks, and court-specific records
requests;
- The overlapping criminal and law enforcement databases, what
documents they contain, and who can access them;
- How to file a FOIA request with DHS (specifically with USCIS, ICE,
CBP, and OBIM), including a step-by-step guide on how to fill out Form G-639,
the online DHS request form, and various component-specific request forms;
- How to file a FOIA request in immigration cases with the
Department of State, the Department of Justice, and the U.S. Armed Forces;
- Special considerations when filing records requests for immigrant
youth, including guidance on how to request the Office of Refugee Resettlement
file when immigrant youth have been classified as “unaccompanied”; juvenile
delinquency records, keeping in mind any state confidentiality provisions that
apply; and information about whether a client’s name has been added to a gang
database;
- FOIA considerations for immigrants in removal proceedings,
including information and guidance on how to accelerate USCIS FOIA requests,
how to request personal review of immigration court files, how to make records
requests pursuant to Dent v. Holder in the Ninth Circuit, and other due process
arguments and subpoena options that might be available to help immigrants in
removal proceedings access records;
- The FOIA appeal process, including how to challenge an agency’s
response to a FOIA request and what types of adverse actions can be appealed;
- Common FOIA exemptions and practice tips on challenging those
exemptions; and
- Guidance on how to use FOIA as an advocacy tool to obtain
information about immigration practice and enforcement from the government.
Pricing
Regular - Book or PDF: $190 / Book & PDF:
$230 Nonprofit - Book or PDF: $135 / Book & PDF:
$175
You can access the Table of Contents and Sample Chapter
in the Sample Content tab.
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