Faster FOIA Response Available for Limited Class
Posted Mar 30, 2007
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The U.S. Citizenship and Immigration Services (USCIS) is establishing new Freedom of Information Act (FOIA) processing procedures beginning March 30, 2007. As part of this initiative, the USCIS will use a three-track system, whereby, in the third track, there is a possibility for accelerated processing of FOIA requests for an individual scheduled to appear before an immigration judge. This is seen as a major step toward improving customer service by giving priority to time-sensitive FOIA requests.
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What is FOIA?
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FOIA allows for access to certain information that is in the hands of the federal government. The fundamental principle of FOIA is open access to information and documentation controlled by the U.S. government. While FOIA requires the government to release information to those making the request, it also contains exemptions based on matters that involve sensitive information and infringement on personal rights. Government agencies must comply with FOIA and provide requested information and documents that are not covered by an exception. If these procedures are not followed, the government runs the risk that a special, appointed counsel will initiate a proceeding to determine if disciplinary action is warranted.
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What FOIA Means for an Individual
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As a government agency, the USCIS is bound by these special requirements to provide information on each particular individual taken from his/her "A-File." FOIA comes into play for most foreign nationals in that it provides them with a way to obtain copies of their files and to track their immigration history. It is often very useful in clearing up questions, particularly for those who have complex histories. Attorneys often want to file an FOIA so that they can see what has been previously filed on behalf of a client and what actions the government may have taken against a client. This can be important in a number of contexts, but can be particularly important for those foreign nationals in removal / deportation proceedings.
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The New FOIA Procedures
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Beginning March 30, 2007, the USCIS will use a three-track system, as opposed to the current two-track system, to process FOIA requests. The first two tracks currently in use by the USCIS are (a) routine requests and (b) those that require additional search and review time. These are basically a faster and slower track, partially related to the amount of documentation requested. Historically, however, FOIA requests could take many months to process.
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The new, third track added by the initiative will be used for FOIA requests in cases where an individual is in immigration (removal / deportation) proceedings. To utilize this accelerated access, it is necessary to have documentation that the individual is in removal / deportation proceedings. The USCIS has not specified an estimated time for responding to FOIA requests in this new category. In its press release, however, it was indicated that the addition of the new, accelerated track "will not only enhance our FOIA processing times, but also help us reduce FOIA backlogs."
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FOIA Requester Service Center to Track FOIA Filings
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The National Records Center operates a telephone line established to answer questions about filing FOIA requests, provide status updates on pending requests, and otherwise provide assistance in obtaining records from the USCIS. The phone number of the FOIA Requester Service Center line is 816.350.5570. It is open from 7:30 a.m. to 2:30 p.m. Central Time.
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Conclusion
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This third track for processing FOIA requests can provide much needed relief to a certain segment of MurthyDotCom and MurthyBulletin readers who may be affected by it. Under the current system, it is recommended that one limit the FOIA request to those documents that may help in the understanding of one's case. This is preferable to keeping it open ended, in an effort to obtain the FOIA response more quickly.