The Freedom of Information Act (FOIA) is a powerful tool for accessing federal government records, including immigration records. In North Carolina, individuals, attorneys, and advocates frequently use FOIA requests to obtain critical documents related to immigration cases, such as visa applications, deportation proceedings, or detention records.
Traversing the FOIA process for immigration records can be complicated due to the involvement of multiple federal agencies, varying response times, and specific procedural requirements.
Below, we provide a comprehensive overview of how to effectively file and manage FOIA requests for immigration records in North Carolina, covering the legal structure, agency roles, practical steps, challenges, and best practices.
Contact the immigration attorney at Herhusky Law Office, PLLC, for more information.
FOIA and Its Application to Immigration Records
The Freedom of Information Act, enacted in 1966, grants the public the right to access records held by federal agencies, subject to certain exemptions.
Immigration records fall under FOIA’s purview because they are maintained by federal entities like U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and the Department of Justice (DOJ).
In North Carolina, where immigration issues are significant due to a growing immigrant population and active enforcement, FOIA requests are often used to gather evidence for legal proceedings, verify immigration status, or advocate for detained individuals.
FOIA applies only to federal records. State or local records, such as those held by North Carolina’s Department of Public Safety or local sheriff’s offices, are subject to North Carolina’s public records laws, not FOIA.
For example, records related to local law enforcement’s cooperation with ICE under programs like 287(g) may require a state public records request rather than a FOIA request.
Agencies Handling Immigration Records
Several federal agencies manage immigration records, and identifying the correct agency is critical for a successful FOIA request:
U.S. Citizenship and Immigration Services (USCIS): USCIS maintains records related to visa applications, green cards, naturalization, and other immigration benefits. Common requests include I-130 petitions, I-485 adjustment of status applications, or A-files (Alien Files), which contain an individual’s complete immigration history.
Immigration and Customs Enforcement (ICE): ICE holds records related to immigration enforcement, including detention, deportation proceedings, and bond information. Requests to ICE often seek detention records or I-213 forms (Record of Deportable/Inadmissible Alien).
Customs and Border Protection (CBP): CBP manages records related to border encounters, apprehensions, and entry/exit data. Common requests include I-94 records or border apprehension documents.
Department of Justice (DOJ) Executive Office for Immigration Review (EOIR): EOIR oversees immigration courts and maintains records of immigration hearings, decisions, and appeals.
Department of State (DOS): DOS holds records related to visa applications processed at U.S. embassies or consulates, such as DS-160 forms.
Each agency has its own FOIA office, submission process, and response timeline, which complicates the process for requesters in North Carolina seeking records from multiple sources.
Step-by-Step Guide to Filing a FOIA Request
Filing a FOIA request for immigration records involves several steps. Below is a detailed guide tailored to individuals or attorneys in North Carolina.
Step 1: Identify the Purpose and Scope of the Request
Before filing, clarify the purpose of the request and the specific records needed. For example:
Are you seeking an A-file to prepare for a deportation defense?
Do you need I-94 records to verify lawful entry?
Are you requesting detention records to challenge conditions in a North Carolina facility, such as the Stewart Detention Center?
Narrowing the scope of the request reduces processing time and the likelihood of receiving irrelevant documents. Be as specific as possible about the individual’s name, date of birth, Alien Number (A-number), and the type of record sought.
Step 2: Determine the Correct Agency
Submit the FOIA request to the agency most likely to hold the records. If unsure, start with USCIS, as it maintains comprehensive A-files. For records spanning multiple agencies, file separate requests with each. For example, an individual apprehended at the border and later detained may have records with both CBP and ICE.
Step 3: Prepare the FOIA Request
A FOIA request must include:
A clear description of the records sought (e.g., “all records in the A-file for [Name], A-number [Number]”).
The requester’s contact information.
A statement requesting a fee waiver, if applicable (e.g., for non-commercial use or public interest).
Consent from the subject of the records, if the requester is a third party (e.g., an attorney). USCIS requires Form G-28 (Notice of Entry of Appearance as Attorney) or a signed authorization.
In North Carolina, attorneys often use Form G-639 (Freedom of Information/Privacy Act Request) for USCIS requests, though it’s not mandatory. For other agencies, a written letter or online submission suffices.
Step 4: Submit the Request
Submission methods vary by agency:
USCIS: File online via the USCIS FOIA portal (firstgov.uscis.gov) or mail to the National Records Center in Lee’s Summit, Missouri.
ICE: Submit online at ice.gov/foia or email to ice-foia@ice.dhs.gov.
CBP: Use the CBP FOIA online portal (foia.cbp.gov).
EOIR: Email to EOIR.FOIARequests@usdoj.gov or mail to the EOIR FOIA office.
DOS: Submit online at foia.state.gov or mail to the Office of Information Programs and Services.
Online submissions are generally faster and allow tracking. North Carolina requesters should retain confirmation receipts for follow-ups.
Step 5: Track and Follow Up
Agencies must acknowledge FOIA requests within 20 business days, but processing times vary. USCIS often takes 30–90 days for simple requests and longer for intricate A-files. ICE and CBP may take 60–120 days, especially for enforcement-related records. EOIR responses depend on the volume of court records requested.
Use the agency’s tracking system to monitor progress. If delays occur, contact the FOIA office or the agency’s FOIA Public Liaison. In North Carolina, an immigration attorney often follow up persistently due to backlogs.
Step 6: Review the Response
Responses may include:
Full disclosure of records.
Partial disclosure with redactions (e.g., under FOIA exemptions for privacy or national security).
Denial with an explanation of exemptions.
A “no records” response, indicating the agency has no documents matching the request.
If dissatisfied, requesters can appeal within 60–90 days, depending on the agency. Appeals must address specific issues, such as improper redactions or overlooked records.
Contact the immigration attorneys at Herhusky Law Office, PLLC, for more information about these steps.
Challenges in Obtaining Immigration Records
Traversing FOIA requests for immigration records in North Carolina presents several challenges:
Agency Backlogs
Federal agencies, particularly USCIS and ICE, face significant FOIA backlogs. In 2023, USCIS reported over 200,000 pending requests nationwide. North Carolina requesters may experience delays, especially for A-files or detention records.
Incomplete or Redacted Records
Agencies may redact information under FOIA exemptions, such as Exemption 6 (personal privacy) or Exemption 7 (law enforcement). For example, ICE may redact details in I-213 forms, complicating deportation defenses. Requesters must carefully review responses and appeal improper redactions.
Identifying the Correct Agency
Immigration records are often split across agencies. For instance, a North Carolina resident seeking records of a border apprehension followed by detention may need to file with both CBP and ICE. Misidentifying the agency can lead to “no records” responses.
Third-Party Requests
An immigration attorney or advocate filing on behalf of clients must provide proof of consent. Missing or incomplete Forms G-28 or authorizations can result in denials, particularly with USCIS.
Urgent Needs
Immigration cases often have tight deadlines (e.g., court hearings). FOIA’s standard processing times may not align with these needs. Expedited processing is available but requires proof of “compelling need,” such as imminent deportation.
Recommended Practices for North Carolina Requesters
To maximize success, follow these recommended practices:
Be Specific and Organized
Provide detailed information about the records and individual (e.g., A-number, full name, date of birth). For example, instead of requesting “all immigration records,” specify “I-485 application filed in 2020” or “detention records from Stewart Detention Center.”
Use Online Portals
Online submissions are faster and easier to track. USCIS and CBP’s portals allow North Carolina requesters to upload Forms G-639 or supporting documents securely.
Request Expedited Processing When Necessary
If facing a court deadline or deportation, request expedited processing with evidence, such as a hearing notice. USCIS and ICE grant expedited status sparingly, so provide compelling justification.
Anticipate Multiple Agency Requests
For intricate cases, file simultaneous requests with USCIS, ICE, CBP, and EOIR. For example, a North Carolina attorney defending a client in removal proceedings may need an A-file (USCIS), court records (EOIR), and detention records (ICE).
Appeal Denials Strategically
If records are withheld or redacted, file an appeal with specific arguments. For example, challenge Exemption 7 redactions by arguing that the information is not law enforcement-sensitive. A North Carolina immigration attorney often consults FOIA specialists for intricate appeals.
Leverage Local Resources
North Carolina has robust immigration advocacy networks, such as the North Carolina Immigrant Rights Network and legal aid organizations like Legal Aid of North Carolina. These groups can provide guidance on FOIA requests and connect requesters with an experienced immigration attorney.
Contact an Immigration Attorney
Traversing FOIA requests for immigration records in North Carolina requires careful planning, persistence, and familiarity with federal agency processes. By identifying the correct agency, submitting precise requests, and anticipating challenges like backlogs or redactions, requesters can obtain critical documents for immigration cases. Contact the immigration attorney at Herhusky Law Office, PLLC. We serve clients in Raleigh, North Carolina, and throughout the area, including North Hills, Apex, Hillsboroug h, and Carrboro.
