Accessing Federal Agency Records

One of the most important aspects of life in the US is access to information. This is particularly true for an immigrant, especially since an immigrant’s continued stay and enjoyment of immigration benefits depend a lot on information held by the US federal government.

The Freedom of Information Act (FOIA) is a federal law passed in 1966 that establishes the right of any person to access federal government information. After the Watergate Scandal the FOIA was amended in 1974 to ensure better compliance by the government. It was further amended in 1996 to improve public access to electronic information.

Any person can file a request for information under the FOIA. The term “any person” covers both citizens and non-citizens, organizations or universities.

The Department of Justice (DOJ) issued regulations on what constitutes a proper FOIA request. Federal agency information is disclosed upon a receipt of a written FOIA request which contains a full description of the records to be obtained and identifying information (full name and the alien registration number, if known).

There has been some confusion over FOIA requests submitted on Department of Homeland Security (DHS) forms. This has resulted in delays brought about by referrals between one agency or another because it is not clear whether a request is made for DOJ or DHS records.

To prevent delays, the DOJ advised requesters not to use DHS Form G-639 (also known as the Freedom of Information/ Privacy Act Request Form). The DOJ recommends the submission of a letter, with the required authorizations, where applicable.

A person requesting information about himself or herself must include a notarized statement or a statement signed under penalty of perjury with the written request. A request meets this requirement by having DOJ Form 361 completed and signed by the requester, and having a notary witness the signing of the document, or having the requester sign the under-penalty-of perjury statement therein.

If information is sought about another person, or on behalf of another, the request must be accompanied by a notarized authorization by the other person consenting to the disclosure of information. If the subject of the request does not given his/her written request, the disclosure of the information requested would be limited to those exempted under the FOIA.

The DOJ’s Executive Office for Immigration Review said that if the alien registration number is not known, a FOIA request must include the date of the Order to Show Cause, the country of origin, and home address, if available. The request should then be sent to the Office of the General Counsel. Attn: FOIA Service Center, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, CA 22041. The letter-request must appear on letterhead and signed.

Third-party requests for information that may not be disclosed must include the foreign national’s original signature authorizing the release. If the disclosure would clearly constitute “an unwarranted invasion of personal privacy,” the request would have to be denied.

Non-commercial requesters do not pay anything for the first 100 pages of reproducing and first two hours of searching the requested information. After the first 100 pages, 10 cents is charged per page. Search fees are charged per 15 minutes at various rates depending on the level of the search. For clerical search, $4; professional / computer professional, $7; and managerial, $10.25.

Under the FOIA, the government must comply with the request within 20 days unless an extension is needed to search information from field offices or to search voluminous records, or if there is a need to consult with one or more agencies.