FOIA Requests and Other Background Checks: A Practical Guide to Filing Records Requests in Immigration Cases

This first edition of FOIA Requests and Other Background Checks is an effort to respond to the need for information about why, when, where, and how to file background checks in immigration cases. Whether a legal worker is assisting an individual to apply for an immigration benefit or fight removal, it is not only helpful, but also often essential to the success of the individual’s case to have a copy of records maintained by different government agencies. This manual describes the various federal agencies and components that generally hold immigration records, explains how to request records and appeal denials or incomplete responses, and provides tips for certain circumstances, such as representing minors or immigrants in removal proceedings. We hope this manual will serve as a reference that enables practitioners to more efficiently, and more strategically, obtain documents for their clients. Preface & Acknowledgments Table of Contents Chapter 1: Introduction to Records Requests § 1.1 Why Submit a Records Request? § 1.2 What Records Can I Get? § 1.3 Are There Any Risks in Filing a Records Request? § 1.4 How Do I Use This Manual? Chapter 2: Criminal Background Checks § 2.1 Overview § 2.2 Why Do a Criminal Background Check § 2.3 What Is a Criminal Record? § 2.4 Understanding Criminal Databases § 2.5 FBI Background Checks § 2.6 State Background Checks § 2.7 Court and Other Specific Records § 2.8 Juvenile Records Chapter 3: FOIA Requests to DHS § 3.1 Introduction § 3.2 USCIS § 3.3 ICE § 3.4 OBIM § 3.5 DHS Online Request Submission Form § 3.6 CBP § 3.7 Fees and Payments § 3.8 Delays and Processing § 3.9 Expedited Requests § 3.10 Track 3 Processing § 3.11 Late FOIA Responses § 3.12 Incomplete or Denied Requests § 3.13 District Court Appeals § 3.14 Instructions for Filling Out a FOIA Request on Form G-639 Chapter 4: Other Federal Agency Requests § 4.1 Introduction § 4.2 U.S. Department of State § 4.3 U.S. Department of Justice § 4.4 U.S. Armed Forces § 4.5 Best Practices Chapter 5: Special Consideration for Youth: Accessing ORR, Juvenile Delinquency, and Gang Database Records § 5.1 Overview § 5.2 Obtaining Office of Refugee Resettlement (ORR) Files § 5.3 Obtaining Juvenile Records and Confidentiality Issues § 5.4 Obtaining Information about Gang Databases Chapter 6: FOIA Considerations for Respondents in Removal Proceedings § 6.1 Introduction to Records Request Procedures in Removal Proceedings § 6.2 Utilizing FOIA Requests to Obtain Records from DHS in Removal Proceedings § 6.3 Expedited Processing for People in Immigration Court § 6.4 FOIA Requests to the Executive Office for Immigration Review § 6.5 Personal Review of Record of Proceedings at EOIR Office § 6.6 Alternative to DHS FOIA Request in Removal: INA 240(c)(2)(b) and Dent v. Holder § 6.7 Utilizing Procedural Due Process to Access “A” File and Other Government Documents § 6.8 Utilizing Dent to Request a Continuance of Removal Proceedings Pending FOIA Request § 6.9 Requesting an Immigration Court Subpoena for Documents § 6.10 When You Can’t Wait for the FOIA Chapter 7: FOIA Appeals and Federal Litigation § 7.1 Challenging an Agency’s Response to a FOIA Request § 7.2 Exemptions § 7.3 Administrative Appeals and Alternatives to Litigation § 7.4 Federal Court Litigation Appendix Index of Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L Appendix M Appendix N Appendix O Appendix P Appendix Q Appendix R Appendix S Appendix T Appendix U Appendix V Appendix W Appendix X Other ILRC Resources Attorney of the Day Service Reprint Permissions Subscribe to ILRC Listservs Related Publications