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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
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ILRC publications bring clarity to complicated issues.
Save time. Win more cases.
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