Deportation Research Clinic
DRC at the Buffet Institute
Northwestern University


 

Clinic FOIA Responses

Clinic is in the Process of Uploading Responses to our FOIA Requests

Productions sorted by alphabetically by Federal Department and Agency and then in reverse chronological order.

Department of Commerce (DOC)

Bureau of Industry and Security (BIS)

BIS - Protocols Used on "Offsets on Defense Trade" Reports [produced 7/11/2017].

On June 13, 2017, the Clinic requested - "1) All manuals, handbooks, and software instructions for data entry used by BIS employees for the production of the annual reports "Offsets on Defense Trade," from 1990 to present. 2) All reports, policies, protocols, and any other documents or information on which BIS staff rely for redacting or withholding documents or information responsive to requests under the Freedom of Information Act." The request was case number DOC-BIS-2017-001366.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 9.

Production

Department of Health and Human Services (DHHS)

DHHS - Correspondence with David Senn and ICE practices for age assessments [produced 3/8/2019].

On May 7, 2018, the Clinic requested - "(1) All contracts, invoices, email, work products, draft and final reports, system records, and screen shots of tabs for system records containing materials received, produced, or maintained by HHS and its components, including but not limited to the Office of Refugee Resettlement and its contractors and subcontractors for work requested, performed, OR discussed in any medium with Professor David R. Senn or his representatives between January 1, 2016, and the date your office produces the responsive records. (2) All correspondence, including but not limited to email and text messages, with employees of Immigration and Customs Enforcement or Customs and Border Protection or its components related to policies, protocols, and practices for assessing the age of those in the custody of HHS or ICE in the United States between January 1, 2016, and the date your offices produces responsive records." The request was case number HHS-18-F-0210.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 12.

Laurie MAD [10/20/15]

Velazquez TPU [12/11/15]

Senn Email [6/24/16]

Calero Email [7/21/16]

Staples Email [8/8/16]

Hillin MAD [8/10/16]

Sanchez Email [12/21/16]

De La Cruz Email [2/1/18]

De La Cruz Email [2/14/18]

De La Cruz Email [4/3/18]

Staples Email [5/15/18]

LaGrow Email [10/25/18]

De La Cruz Email [11/13/18]

DHHS - HHS ORR Contracts with Southwest Key Programs [produced 1/25/2019].

On May 7, 2018, the Clinic requested - (1) "All contracts, addenda, attachments and other materials produced or received by HHS Office of Refugee Resettlement to which Southwest Key has committed for the performance of age assessments, as indicated in the protocols indicated here and (2) "All invoices or other records maintained or submitted by Southwest Key for documenting expenditures for providing age assessments to HHS or its components, including but not limited to the Office of Refugee Resettlement." The request was case number HHS-18-F-0211.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 13.

Production

Department of Homeland Security (DHS)

Immigration and Customs Enforcement (ICE)– HERE.

Office of Professional Responsibility (OPR)

OPR - OPR Immigration Judge Misconduct Reports and Findings, 2009-2010

Appeal after OPR Stonewalls [April 9, 2010]

OIP remand instructing OPR to comply with FOIA request [April 9, 2010]

OPR Investigative Report on Immigration Judge [March 29, 2010]

Mary Patrice Brown to Thomas Snow, Memorandum [March 19, 2010]

OPR Investigative Report on Immigration Judge [March 19, 2010]

FOIA appeal sent to OIP [March 3, 2010]

Mary Patrice Brown to Thomas Snow, Memorandum [Janurary 8, 2010]

OPR Investigative Report on Immigration Judge [Janurary 8, 2010]

Mary Patrice Brown to Thomas Snow, Memorandum [Janurary 6, 2010]

OPR Investigative Report on Immigration Judge [Janurary 6, 2010]

Initial FOIA request: Decisions of misconduct for immigration judges sent to the EOIR, DOJ [Novemeber 4, 2009]

Mary Patrice Brown to Thomas Snow, Memorandum [September 28, 2009]

OPR Investigative Report on Immigration Judge [September 28, 2009]

U.S. Citizenship and Immigration Services (USCIS)

USCIS - Documents Reguarding contract HSHQDC16D00001-70SBUR18F00000411 [produced 05/07/2019].

On August 1, 2018 the Clinic requested all information in any form pertaining to the contract HSHQDC16D00001-70SBUR18F00000411. The time frame of this request was 2010 to the present. This included but is not limited to Requests for Proposals, questions and answers, bids, attachments, scope of work, and all evaluations -- technical and performance -- of this and previous contracts for the same or similar scope of work, and data submitted online.

Production

E-Verify communications

USCIS - General Dynamics Contract [produced 10/18/2018].

On May 22, 2018, the Clinic requested - ";The initial Scope of Work, attachments, renewals, and email associated with the contract to General Dynamics with Award ID HSSCCG07J00120 and IDV HSHQDC06D00024, with additional details available here: The request was case number CNT2018000017.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 27.

Production

USCIS - Northwestern University E-Verify data [produced 10/18/2018].

On May 18, 2018, the Clinic requested - "(1) All information in any form from Northwestern University, Evanston, IL used for registering, reviewing, and renewing E-Verify for employees at Northwestern University between January 1, 2008 and the present with the exception of individual-level data entered in the system. This includes but is not limited to email, submission forms, and data submitted online. (2) All email between Northwestern employees or agents of Northwestern pertaining to E-Verify, including all attachments, linked documents, and referenced documents. This includes email related to specific personnel, with the understanding that names and other identifying information will be redacted." On May 22, 2018, the Clinic additionally requested - " (1) Copies of all contracts (and associated attachments, including for the Scope of Work), and evaluations of work performed for contractors creating, licensing, maintaining, supporting, or assessing software and databases used by USCIS and third parties for verification eligibility of employment though E-Verify. (2) Copies of USCIS evaluations on which contracting officers rely for purposes of renewing contracts." The request was case number COW2018000623.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Production

Complaint, p. 23.

USCIS - Universities providing E-Verify information to USCIS [produced 8/20/2018].

On May 18, 2018, the Clinic requested - ";The names of all universities and colleges that are providing information to USCIS E-Verify for all employees and not just those employees. Please note that USCIS maintains a database of organizations with federal contracts whose employees must submit personal data to E-Verify by law, although universities are exempted from this obligation for workers who are not directly paid by a federal contract. I am seeking a list of all those universities that ARE SUBMITTING DATA TO E-VERIFY FOR ALL EMPLOYEES since January 1, 2008."; The request was case number COW2018000625.;

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 24.

Production

USCIS - Application for Certificate of Citizenship (N-600) [produced 03/15/2017].

On July 26, 2013 the Clinic requested records of the receipts and disposition of N-600 applications by year since 1970 to presented including (1) rates of receipts (2) approvals (3) denials (4) pending cases. The request was initially denied and the Clinic appealed this decision on June 6, 2016. On March 15, 2017 the Clinic was send records responsive to its request.

USCIS Policy Manual Volume 12 - Citizenship & Naturalization Part H - Children of U.S. Citizens

N-600, Application for Certificate of Citizenship Receipts, Approvals, and Denials Fiscal Years 1991 - 2011, 2007 - 2017, Current Pending

Department of Justice

DOJ - Northwestern Biotechnology Development Contracts [produced 10/31/2019].

On April 23, 2018, the Clinic requested - "(1) a copy of the Request for Proposals associated with this procurement number, and all related attachments and communications with the public, including but not limited to interested potential contractors (2) all draft and final proposals responsive to this RFP (3) All materials related to an increase in the contract amount from $1,036,987 to $1,924,321, including email, new bids, and changes in technical requirements." The request was case number 1404050-000.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Production

Complaint, p. 30.

DOJ - Protocols of the Grant Management System [produced 4/23/2019].

On May 11, 2017, the Clinic requested - "1) all manuals, reports, and training materials for configuring or releasing the data received by the BJS GMS for review by ICE and other components outside of BJS as well as 2) a list of all databases and agencies with which the SCAAP inmate data are shared and finally 3) documents containing the protocols for the time frames in which the BJS data are accessible by ICE and other agencies outside BJS." The request was case number 17-00208. 

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 31.

Production

DOJ - Office of Public Affairs 2017 Press Release Records [produced 3/18/2019].

On August 29, 2017, the Clinic requested - ";All communications, drafts, and email associated with the release of the August 8, 2017 announcement on this webpage: https://www.justice.gov/opa/pr/return-rulelaw-trump-administration-marked-increase-key-immigration-statistics... (and) the names and job titles of the supervisor and author of the memorandum."; The request was case number DOJ-2017-006478.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 29.

Production

Executive Office for Immigration Review (EOIR)

EOIR - Nine digit number announcements [produced 11/02/2018].

On August 28, 2018, the Clinic filed a request for (1) all policy information on the annoucement of respondents' nine digit numbers in immigration court as part of their Record of Proceedings and all correspondence to and (2) from IJ Walton and other at the Houston immigration court about the practice of IJ Walton not announcing the full nine digits for respondents. The time frame of the request was January 1, 2016 to present.

Immigration Court Practice Manual[December 2016]

Hearing script

EOIR - Immigration judge performance metrics[produced 08/02/2018].

Response: Manuals, handbooks, and other policy materials related to implementing performance metrics announced on March 30, 2018.

EOIR - Immigration Cases with Adjournment Code 54 [produced 09/26/2017].

Final response including pending cases with adjournment code 54 [September 26, 2017].

Partial response including only completed cases with adjournment code 54 [June 27, 2017].

EOIR - Immigration Judge Misconduct Complaint, Opinion Written in "No Recognizable Language"[produced 9/28/2015].

Request for records related to Immigration Judge Misconduct Complaint 304 released to AILA. "Chicago Trip Report" case underlies complaint by Judge Richard Posner that immigration judge opinion is "written in no recognizable language."

Response [9/28/2015]: Includes a memorandum with a case summary, as well as court documents and transcriptions (52 pages).

Notice of Receipt:[8/07/2015 EOIR FOIA Case no. 2015-26788]: (1 page).

EOIR - Management of Immigration Cases and Appeals Report [produced 9/21/2015].

Request for EOIR working group report on data accuracy.

Response [9/21/2015 EOIR FOIA Case no. 2015-27560]: Thirteen pages redacted almost in their entirety (13 pages).

EOIR - 85% of Detained Cases in 60 Days [produced 4/28/2015].

Request for records assessing EOIR case completion goals.

Response Cover Letter [4/28/2015]: Office of Information Policy receipt and notice that additional resources are being collected (1 page).

Notice of Reciept [11/19/2012 EOIR FOIA Case no. 2013-2938]: (1 page).

Fee Waiver Requests on 11/19/2012 and 12/3/2012: (1 page each).

Detained Cases Part 1: Pending cases as of 1/4/2011, 1552 total (23 pages).

Detained Cases Part 2:Pending cases as of 1/10/2012, 1590 total (24 pages).

Monthly Processing Goals Information: Email chains and information related to monthly case processing goals for detained persons (210 pages).

EOIR - Immigration Judge Misconduct Complaint Coding [produced 3/24/2015].

Request for employee instructions on the coding of Immigration Judge misconduct complaints.

Response [3/24/2015]: describes all manuals, memoranda, examples, notes, e-mails and other materials used to instruct employees in the coding of EOIR IJ Misconduct complaints (15 pages).

Notice of Receipt: [2/09/2015 EOIR FOIA Case no. 2015-10218]: (1 page).

EOIR Final Response: Complaints made against immigration judges

EOIR - Opinions in Cases for Complaints Against Immigration Judges [produced 01/29/2013].

The clinic requested the final opinions, including concurring and dissenting opinions, as well as orders, in the adjudication of cases under the supervision of Marybeth Keller and decided by employees of the EOIR in its investigations of complaints filed against immigration judges since January 1, 2009 and that are not forwarded to the Department of Justice Office of Professional Responsibility for further investigation. This request applied to all letters with final decisions by Assistant Chief Immigration Judges sent to complainants and to those targeted for investigation.

Complaints since January 1, 2009

Key which assigned a random three letter code to each immigration judge

EOIR - Documents Concerning Immigration Judge Misconduct Since 1990 [produced 09/30/2011].

Responsive Documents

EOIR - Review Procedures for Constituting the Board of Immigration Appeals (BIA) Panels and Decisions [produced 04/20/2011].

Responsive Documents

EOIR - Procedures for Determining Awards for EOIR Staff, Including Adjudicators (Immigration Judges), 2010 [produced 09/29/2010].

Responsive Documents

EOIR - Performance Awards for Individual Employees, FY2008, FY2009, and year to date 2010 [produced 09/29/2010].

Responsive Documents

EOIR - BIA Appeals by party (DHS or immigrant) and detained status [produced 03/2009].

Responsive Documents

The BIA issues decisions that are signed by BIA "judges," i.e., attorney adjudicators employed by the EOIR. The fact that BIA decision are signed, typically by one to three BIA adjudicators, suggests that these are the individuals who evaluated the merits of the appeals submitted by either the respondent or the DHS attorneys. In fact, drafts of these decisions are initiated and written in their entirety by panels of EOIR attorneys, and then sent to the BIA "judges" on bond paper without any input from the folks whose imprimatur suggests they initiated the legal reasoning the decisions contain. Both the attorneys on the BIA panels and the adjudicators are evaluated on the basis of their productivity thus the adjudicators face resistance if they request too many changes or disagree with the panel conclusions.

For partial analysis and description of panels, please see the October 20, 2010 post on States Without Nations.

Kudos to the EOIR for releasing additional information about the BIA appeal procedures on its own website, also in April, 2011! Since the fall, 2010 the EOIR website has been releasing much more information than it has in the past, although it still needs work. Why not provide the public the names and bios of the BIA judges?

Justice Management Division (JMD)

JMD - Assessments of immigration court case load management [produced 11/09/2018].

On November 8, 2012, the Clinic requested 1) materials on which officials at EOIR relied for assessments of immigration court case load management of hearing schedules and completions for detained respondents; and 2) orders, decisions, and recommendations that convey agency efforts to implement the goal of completing 85 percent ofall detained cases within 60 days.

Production

Independent Federal Agencies

Broadcasting Board of Governors (BBG)

BBG - D3 Systems Inc. Contracts [produced 6/07/2018].

On May 30, 2015, the Clinic requested - "all D3 Systems, Inc. contracts (including addenda) and work products associated with these contracts produced since January 1, 2003." The request was case number 16-046-1.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 6.

Production

General Services Administration (GSA)

GSA - Documents Related to the Creation of the Federal Acquistion Regulation (FAR) [produced 05/11/2023].

On March 3, 2023 the Clinic requested all SF 258 forms created since January 1,1996 for Federal Acquisition Regulation (FAR) permanent records relating to FAR 15-404 "Profit," including predecessor acquisition rules on "Negotiation." These forms are created by agencies such as the General Services Administration (GSA) for the transfer of records to the National Archives and Records Administration (NARA).

Initial Request [02/23/23]

Production part 1 of 2

Production part 2 of 2

On August 1, 2023 the Clinic filed an appeal to the GSA because the documents produced were not responsive to the intial request. The GSA claimed it had no responsive SF 258 forms and instead sent SF 135 forms and various FAR cases outside of the Clinic's search criteria and dates.

Appeal[08/01/23]

Acknowledgement of Appeal[08/02/23]

GSA - Profit Rule (15.404-4) of the Federal Acquistion Regulation (FAR) [produced 07/20/2022].

On August 5, 2021, the Clinic requested all public comments and respective agency responses to FAR 15.404-4 Profits and the five Federal Acquisition Regulation (FAR) amendments relevant. Specifically, the Clinic requested the public comments and agency responses for the following:

  1. FAR 15.404-4 Profits
  2. 62 FR 51230 from Sept. 30, 1997;
  3. 67 FR 6120 from Feb. 8, 2002;
  4. 70 FR 14954 from Mar. 23, 2005;
  5. 75 FR 38679 from July 2, 2010; and,
  6. 79 FR 24202 from Apr. 29, 2014.

Production part 1 of 3

Production part 2 of 3

Production part 3 of 3

Appeal Response

On August 16, 2021, the Clinic requested a second and separate request for all public comments and respective agency responses to FAR 15.404-4 Profits and the five Federal Acquisition Regulation (FAR) amendments relevant. Specifically, the Clinic requested the public comments and agency responses for the following:

  1. 61 FR 48380 from September 12, 1996.
  2. 61 FR 52998 from October 9, 1996.
  3. 61 FR 57622 from November 7, 1996.
  4. 62 FR 26640 from May 15, 1997.
  5. 62 FR 51224 from September 30, 1997.
  6. 69 FR 25274 from May 5, 2004.
  7. 74 FR 39262 from August 6, 2009.
  8. 77 FR 57949 from September 18, 2012.
  9. 77 FR 60343 from October 3, 2012.

The documents for this request were produced on May 11, 2022.

Production part 1 of 4

Production part 2 of 4

Production part 3 of 4

Production part 4 of 4

Email Correspondence

U.S Department of State and U.S Agency for International Development (USAID)

USAID - Contracts and Reports for USAID and Northwestern produced 9/20/2018].

On October 18, 2015, the Clinic requested - "all contracts, reports, MOUs, grants, email to/from or about Northwestern University produced/received or maintained by employees of USAID." On October 23, 2015, the Clinic more specifically requested - "all documents since January 1, 2000 involving all emails on USAID servers with northwestern.edu in any field of the address; all materials using Northwestern University in usaid.gov servers; all materials referring to Northwestern University in the control of the missions in Israel, Kuwait, Qatar, Pakistan, and Saudi Arabia; and all contracts and grants, including extensions and the originals to which they refer and to which Northwestern University." The request was case number F-00040-16.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 33.

U.S Geological Survey (USGS)

USAID - Northwestern University Contracts with Award ID 140G0118P0244 [produced 9/7/2018].

On May 22, 2018, the Clinic requested - "All contracts, MOUs, email, and attachments to email or contracts, and all other materials related to the contract between Northwestern University and the USGS associated with the AwardID: 140G0118P0244. For more information click here. The Clinic also requested the Scope of Work and similar documents defining the service expected by the USGS, and all attachments, including from similar contracts from earlier time frames; finally, the Clinic am requested all USGS materials associated with the evaluation and extensions of the contract."; The request was case number 2018-00160.

Documents produced in response to Stevens v. BBG et al., case no. 18-cv-5391.

Complaint, p. 28.

Production