Freedom of Information Act (FOIA) (2024)

1. Please submit your FOIA request in writing via the online portal or mail and reasonably describe the records you’re seeking.
2. When possible, please include specific information that may assist ICE in identifying the requested records such as: date, title or name, author, recipient, subject matter, case number, file designation, or reference/case number. A timeframe may speed up the search process as well.
3. Please know that the FOIA does not require we answer your questions. A question does not amount to a FOIA request. If you have a question about an ICE policy or activity please contact ICE.
4. If you are requesting ICE records about yourself or on behalf of someone else, please complete the Certification of Identity form.
5. If you are requesting an amendment or correction to an ICE record please contact the ICE Privacy Office at:ICEPrivacy@ice.dhs.govor 500 12thSt., SW Stop 5004 Washington, DC 20536-5004.

Requests for individual immigration records should be made directly to USCIS, the federal agency that manages and releasesA-Files, where these records are maintained.A-files are a series of records maintained on aperson that document the person's immigration history. A-Files contain records contributed by federal agencies such as ICE, CBP, and USCIS. These agencies consult and share A-Files within the federal government to make decisions about immigration benefits and conduct law enforcement actions.

• U.S. Citizenship and Immigration Services (USCIS) records – an individual’s immigration records plus applications, apprehensions, birth certificate, arrival and departures from the U.S., I-129: Petition for a Nonimmigrant Worker, I-90: Application to Replace a Permanent Resident Card (green card), I-130: Petition for Alien Relative, I-140: Immigrant Petition for Alien Workers, I-485: Application to Register Permanent Residence or Adjust Status, I-751: Petition to Remove Conditions on Residence, N-400: Application for Naturalization, Labor certification, Naturalization Certificate, Proof of Lawful Permanent Resident (LPR) status, Record of removal from the U.S.
• Immigration and Customs Enforcement (ICE) records – SEVIS (Student and Exchange Visitor Information) records, medical or other records while someone was detained, I-213: Record of Deportable Alien, bond obligor and investigation records
  • Please note that most ICE records are also in your immigration file at USCIS
• Customs and Border Protection (CBP) records – apprehension, entry, exit, expedited removal, background investigations, or inspections by CBP, I-94 records, travel industry reservation data such as passenger name record (PNR), voluntary return and deportation records
  • Please note that most CBP records are also in your immigration file at USCIS.
• Please contact the FOIA Officer(s) if you have any questions.

Under certain circ*mstances, your request can be granted expedited processing, meaning that it is moved into a higher-priority track than other requests. ICE will thoroughly consider your request for expedited processing especially if there is:

1. a compelling need such as to prevent imminent threat to someone’s life or physical safety,
2. an urgency to inform the public concerning a federal government activity,
3. a risk of losing substantial due process rights, or
4. a matter of widespread and exceptional media interest in which there exist possible questions about the government’s integrity that affect public confidence.

Please explain why your request should be expedited and falls under one of these categories.

You may file an administrative appeal of any adverse determinations in response to your FOIA request. For example, if you believe that:

• ICE withheld information that does not fall under an exemption.
• ICE did not perform an adequate search.
• ICE did not produce your records within the statutory timeframe.
• ICE inappropriately denied your request for expedited processing.

Your appeal must be within 90 days of ICE’s adverse determination letter. Please send your appeal in writing to:

• GILDFOIAAPPEALS@ice.dhs.gov
  or
• Office of the Principal Legal Advisor
  Government Information Law Division
  500 12thStreet SW, Stop 5900
  Washington, DC 20536-5900

Your appeal determination letter will advise you of your rights to seek judicial review.

Judicial Review

You may also file a lawsuit in federal district court if you believe that ICE’s determination on your FOIA request was improper. You may file (1) where you reside, (2) where you have your principal place of business (if any), (3) in the District of Columbia, or (4) where the records are located, if they are not located in the District of Columbia.