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Judicial Watch • DACA FOIA





Number of Pages:4

Date Created:October 26, 2012

Date Uploaded to the Library:February 20, 2014


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October 26, 2012
alerting the State Department and USCIS whether the alien issue indexed the
National Crime Information Centers Interstate Identi cation Index (NCIC-III). Wanted
Persons File, any other les 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 Information 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 respecting the
scope and extent background checks performed (or not
aliens applying the Obama adininistratioifs Deferred Action for
Childhood Arrivals (DACA) program.
The time frame for this request November 2011 tluough the present. placing this request, Judicial Watch directs your attention President Barack
Obama January 21. 2009 Memorandum concerning the Freedom Infomiation Act
which states:
All agencies should adopt presumption favor disclosure,
order renew their commitment the principles embodied
FOIA The presumption disclosure should applied all ons involving FOIA.
Freedom Information 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 infonnation with
respect each allegedly exempt ord portion thereof allow assess the
propriety the claimed exemption. Var Rasen. 484 F.2d 820 (D.C. Cir. 1973).
cert. denied. 415 US. 977 (1974). on. any reasonably segregable portion
responsive record must provided, after redaction any allegedly exempt materia
U.S.C. 552(b).
Judicial Watch also hereby requests waiver both search and duplication fees
pursuant U.S.C. 55Z(a )(4)(A)(ii)(II) and (a)(4)(A)(i11) Judicial Watch entitled waiver search fees under U.S.C. because member
October 26, 2012
the news media. Ntztional Securz Archive Department a/Defer1se, 880 F.2d 1381.
1387 (DC. ir. l989)(de ning news media within OIA context). Judicial Watch has
also been recognized member the news media other FOIA litigation. See, e,g.,
.ludicial Watch, Inc. US. Department of.Iusnce, 133 Supp.2d (D.D.C. 2000);
and, .Iudicial Inc. Department De/Em 2006 U.S. Dist. LEXIS 44003.
(D.D.C. June 28, 2006). Judicial Watch regularly obtains onnation about the
operations and activities govemment through FOIA and other means, uses its editorial
skills tum this information into works, and publishes and eminates these
works the public. intends likewise with the records rece1V response
this request.
Judicial Watch also entitled complete waiver both search fees and
duplication fees pursuant U.S.C. 552(a)(4)(A)( Under this provision. records:
shall furnished without any charge charge reduced below
the fees established under clause (ii) disclosure the
information the public interest because likely
contribute signi cantly public understanding the operations activi 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.
ial Watch 501(c)(3). not for-pro educational organization, and,
ion has commercial purpose. Judicial Watch exists educate the public
about the erations and activities government, well increase public
understanding about the importance ethics and the rule law govemrnent. The
particular records requested herein are sought part Judicial atch 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 analysis, well
the records themselves, special written report. Judicial Watch will also educate the
public via radio programs, Judicial Watchs website. and/or newsletter, among other
outlets. also will make the records available other members the media
researchers upon request. Judicial Watch has proven ability disseminate information
obtained through OIA the public. demonstrated its long-standing and
continuing public outreach efforts.