Number of Pages:4
Date Created:October 26, 2012
Date Uploaded to the Library:February 20, 2014
Autogenerated text from PDF
Judicial Watch Because one above the law! October 26, 2012 Deputy Chief Delores Barber Dept. Homeland Security Mail Stop-0655 Joseph Lambert 245 Murray . S.W. Bldg. 410 Information and Privacy Coordinator Washington, D.C. 20528-0655 Central Intelligence Agency Washington, D.C. 20505 FOIA Officer Jill Eggleston U.S. Citizenship Immigration Services FOIA Chief Sheryl Walter P.O. Box 648010 Department State Lee's Summit, 64064-8010 A/GIS/IPS/RL, Building SA2 515 22nd St., N.W. FOIA Chief Carmen Mallon Washington, 20037 U.S. Department Justice 1425 New York Ave., N.W., Rm. 11050 FOIA Chief Thomas Hicks Washington, 20530-0001 U.S. Department Labor 200 Constitution Ave., N.W. FOIA Chief David Hardy Rm. N-2428 Federal Bw-eau Investigation Washington. D.C. 20210 170 Marcel Dr. Winchester, 22602-4843 Re: :FOIA records re: checks for DACA Dear Sir Madam: The Immigration Nationality Act (INA) directs the U.S. Citizenship Immigration Service (USCIS) maintain "direct and continuous" contact v.ri.th the Federal Bmeau Investigation (FBI) and the Central Intelligence Agency (CIA) among other law enforcement agencies --"for the purpose obtaining and exchanging information" necessary detemune whether alien ineligible enter remain the United States due criminal conduct, among other disqualifying factors. USCIS also mandates the "coordinated, Wliform, and efficient" implementation such backgrow1d checks among all classes immigration applicants. INA concurrently directs the Attorney General and FBI actively assist determining applicanf eligibility for admission continued stay proactively 425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646-5172 l-888-593-8442 FAX: (202) 646-5 Email: info@JudicialWatch.org www.JudicialWatch.org DHS/USCIS/ USDOJ/FBI CIAJState/DOL October 26, 2012 alerting the State Department and USCIS whether the alien at' issue indexed the National Crime Information Center's Interstate Identification Index (NCICIII), Wanted Persons File, any other files maintained the National Crime Information Center, which allows users interface with all states via the National Law Enforcement Telecommunications System (NLETS). Hence, pursuant the Freedom oflnformation Act (FOIA), U.S.C. 552, Judicial Watch, Inc., (Judicial Watch) hereby requests that your office provide the following records within twenty (20) business days: All communications, memoranda, emails, policy guidance, directives, initiatives, and any other correspondence repecting the scope and extent background checks performed (or not) aliens applying the Obama administration's Deferred Action for Childhood Arrivals (DACA) program. The time frame for this request November 2011 through the present. placing this request, Judicial Watch directs your attention President Barack Obama' January 21, 2009 Memorandum concerning the Freedom Information Act which states: All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOIA ... The presumption disclosure should applied all decisions involving FOIA. Freedom oflnformation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. The memo further provides that "The Freedom Information Act should administered with clear presumption: the case doubt, openness prevails." Nevertheless, any responsive record portion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable portion responsive record must provided, after redaction any allegedly exempt material. u.s.c. 552(b). Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C. 552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C. 552(a)(4)(A)(ii)(II) because member DHS/USCIS/ USDOJ/FBI CIA/State/DOL October 26, 2012 the news media. National Security Archive Department Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., Judicial Watch, Inc. US. Department Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, (D.D.C. June 28, 2006). Judicial Watch regularly obtains infonnation about the operations and activities government through FOIA and other means, uses its editorial skills tmn this infonnation into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C. 552(a)(4)(A)(iii). Under this provision, records: shall furnished without any charge charge reduced below the fees established under clause (ii) disclosme the infom1ation the public interest because likely contribute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C. 552(a)(4)(A)(iii). addition> records are not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication fees under Section 6(b) the OPEN Government Act 2007, which amended FOIA U.S.C. 552 (a)(4)(A)(viii). Judicial Watch 501(c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and activities government, well increase public understanding about the importance ethics and the rule law government. The particular records requested herein are sought part Judicial Watch's ongoing efforts document the operations and activities the federal government and educate the public about these operations and activities. Once Judicial Watch obtains the requested records, intends analyze them and disseminate the results its analysis, well the records themselves, special written report. Judicial Watch will also educate the public via radio programs, Judicial Watch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request. Judicial Watch bas proven ability disseminate information obtained through FOIA the public, demonstrated its long-standing and continuing public outreach efforts. DHS/USCIS/ USDOJ/FBI CIA/State/DOL October 26, 2012 Given these circumstances, Judicial Watch entitled public interest fee waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch requests that contacted before any such costs are incurred, order prioritize search and duplication efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial Watch will also accept the "rolling production" documents. Judicial Watch anticipates prompt receipt the requested documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your timely compliance with all applicable laws. Lisette Garcia, J.D.