Freedom of Information Act
The Freedom of Information Act (FOIA) allows individuals to access information from federal agencies. The purpose behind FOIA is to promote open, transparent government. Anyone may submit a FOIA request for any type of record, although there are exemptions that allow agencies to withhold information from being released. For example, records or information compiled for law enforcement purposes are exempt if they would disclose techniques and procedures for law enforcement investigations or prosecutions.
Privacy Act
The Privacy Act (PA) provides individuals with a means to access government records about themselves. The exemptions are similar to but not exactly the same as under the FOIA.
Common FOIA/PA Requests
Our law firm often uses FOIA/PA requests often to learn more about a client’s immigration history, such as getting copies of previously filed applications and petitions, or getting information about prior encounters with officers enforcing immigration law at airports and the border. Examples of immigration-related FOIA requests include:
- Request from U.S. Citizenship and Immigration Services (USCIS) a copy of your alien file (A-file), including previously filed applications and petitions and related USCIS notices.
- Request from U.S. Customs and Border Protection (CBP) your entry-exit records and documents from encounters at ports of entry.
- Request from the U.S. Department of State (DOS) prior visa applications and consular decisions.
- Request from the Department of Homeland Security’s Office of Biometric Identity Management (DHS OBIM) a history of each time a client’s fingerprints, photos, or biometric scans were captured by DHS or law enforcement partners (for example border apprehensions, voluntary departures, expeditious removal, visa applications (U.S., Canada, UK, Australia, New Zealand), secondary inspection, criminal arrests); a list of linked alien registration numbers (A#s) and aliases
Articles Related to FOIA/PA Requests
The Importance of A-Files
Borderless Magazine recently ran an informative story about “A-files” and the importance of a filing a request under FOIA (the Freedom of Information Act) to USCIS for copies of one’s A-file. A-files contain records of all interactions between a noncitizen and immigration agencies and officers. This includes copies of previously filed applications and petitions. This…
What’s the Freedom of Information Act (FOIA)?
The Freedom of Information Act (FOIA) is a federal law establishing the public’s right to obtain information from federal government files. Any person, including a noncitizen, can file a FOIA request for a copy of a government agency’s file.