OJ/iceof T,'!fc,rmalionGovernance and Privacy
U.S. Department of Homeland Security
500 12th St., SW
Washington, D.C. 20536

U.S. Immigration
and Customs
Enforcement

October 31, 2018
Cerissa Cafasso
Ame r ican Overs ight
1030 15th Street NW, B255
Wash ingto n. DC 20005

RE:

EcE,vEn
0
nNOV06 2018u
BY:
_____

ICE FOIA Case Number 2018-ICFO-50581

Dea r Ms. Cafasso:
T his letter is the final response to your Freedom ofTnformation Act (FOIA) request to U.S.
lmmigration and C ustoms Enforcement (ICE), dated June 28, 2018. You have requested copies
of the following records:
all gu idance or memoranda abou t Attorney General Session's imm igration enforcement
memoranda in Apri l 2017 and April 20 l 8 that were sent to ICE, CBP, or Border Patrol
leadersh ip, supervisors of field offices, the National ICE Council, or the National Border Patrol
Council (see request for further details)
ICE h as considered your request under both the FOIA, 5 U.S.C. § 552, and the Privacy Act, 5
U.S.C. § 552a. Information about an ind ividual that is ma intained in a Privacy Act system of
records may be accessed by that individual I unless the agency has exempted the system of
records from the access provisions of the Privacy Act. 2
ICE has conducted a search of the ICE Office of Enforcement and Removal Operations (ERO)
and the ICE Office of Public Affairs (OPA) for records respons ive to your request and no records
'A-erefound.
For your information. Congress excluded three discrete categories of law enforcement and
national security records from the requirements of the FOIA. See 5 U.S.C . § 552(c) (2006 &
Supp. IV (20 l 0). Th is response is limited to those records that are subject to the requirements of
the FOIA . This is a standard notification that is given to all our requesters and should not be
taken as an indication that excluded records do, or do not, exist.

1

2

5 U.S.C . § 552a(d)(l).
5 U.S.C. §§ 552a(d)(5). (j), and (k).
www.ice .gov

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_

 While an adequate search was conducted, you have the right to appeal this determination that no
records exist vvithin the ICE Office of Enforcement and Removal Operations (ERO) or the ICE
Office of Public Affairs (OPA) that would be responsive to your request. Should you ,vish to do
so, you must send your appeal and a copy of this letter , within 90 days of the date of this letter
following ·the procedures outli.rred in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8 ., to:

U .S. Immigration and Customs Enforcement
Office of the Principal Legal Advisor
U.S. Depattment of Homeland Security
500 12th Street, S. W ., Mail Stop 5900
Washington , D.C. 20536-5900
Your envelope and letter should be marked ·'FOlA Appeal." Copies of the FO IA and DHS
regulations are available at www.dhs.gov/foia.
Provisions ofFOIA allow DHS to charge for processi ng fees , up to $25 , unless you seek a
waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge .
Jf you need any further assistance or would like to discuss any aspect of your request, please

contact the FOTA office and refer to FOIA case numbe r 2018-ICFO-50581. You may send an email to ice-foia @ ice .dhs .gov, call toll free (866) 633-1182, or you may contact our FOIA Public
Liaison, Fernando Pine iro, in the same manner. Additionally , you have a right to right to seek
dispute resolution services from the Office of Government lnformation Services (OGIS) wh ich
mediates disputes between FOlA requesters and Federal agencies as a non-exclus ive alternative
to litigation. If you are requesting access to your own records (which is considered a Privacy Act
request) , you should know that OGIS docs not have the author ity to handle requests made under
the Privacy Act of 1974. You may contact OGIS as fo llows: Office of Government Information
Services, National Archives and Records Administration, 860 l Adelphi Road -OGJS , College
Park, Mary land 20740-600 I , e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1877-684-6448; or facsimile at 202 -741-5769.
Sincerely,

Catrina M. Pavlik-Keenan
FOlA Office r

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