U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 September 6, 2019 SENT BY ELECTRONIC MAIL TO: foia@americanoversight.org Austin R. Evers Executive Director American Oversight 1030 15th Street, NW Suite B255 Washington, DC 20005 Re: 2019-HQFO-00278 Dear Mr. Evers: This is the electronic final response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated January 10, 2019, and received by this office on January 14, 2019. You are seeking records sufficient to identify the number of immigrants entering or attempting to enter the United States at ports of entry on the U.S. Mexico border whose names were on a federal government list of known or suspected terrorists in fiscal year 2018, located in the Office of the Secretary, Office of Public Affairs, and Office of Legislative Affairs. (Date Range for Record Search: From 10/1/2018 to 1/10/2019). We conducted a comprehensive search of files within the Office of the Executive Secretariat (ESEC), Office of Public Affairs (OPA), and Office of Legislative Affairs (OLA) for records that would be responsive to your request. Unfortunately, we were unable to locate or identify any responsive records. While an adequate search was conducted, you have the right to appeal this determination that no records exist within ESEC, OPA or OLA that would be responsive to your request. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S. Department of Homeland Security, 245 Murray Lane, SW, Mail Stop 0655, Washington, D.C. 20528-0655, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8. Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS FOIA regulations are available at www.dhs.gov/foia. In addition, our office forwarded your request to the FOIA Office for U.S. Customs and Border Protection (CBP) for their review. CBP advised our office to transfer your request to their office for review and direct response to you. As such, we have referred your request to their FOIA Officer for review and direct response to you. Please find their contact information here: U. S. Customs & Border Protection (CBP) FOIA Officer U.S. Customs and Border Protection 90 K Street, NE FOIA Division Washington, DC 20229 Phone: 202-325-0150 CBP Website You have a right to appeal the above withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S. Department of Homeland Security, 245 Murray Lane, SW, Mail Stop 0655, Washington, D.C. 20528-0655, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8. Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS FOIA regulations are available at www.dhs.gov/foia. Provisions of FOIA allow DHS to charge for processing 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. Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-7415769. If you need any further assistance or would like to discuss any aspect of your request, please contact the analyst below who processed your request and refer to 2019-HQFO-00278. You may send an e-mail to foia@hq.dhs.gov, call 202-343-1743 or toll free 1-866-431-0486, or you may contact our FOIA Public Liaison in the same manner. Sincerely, James Holzer Deputy Chief FOIA Officer