What is a Freedom of Information Act (FOIA) request?

A Freedom of Information Act (FOIA) request is used to obtain records and information from the U.S. Department of Homeland Security (DHS). These types of requests are usually made to determine whether a foreign national’s immigration history will impact their eligibility for an immigration benefit.

FOIA requests can be used to obtain information related to:

• Border apprehension records through 2000
• Interactions, apprehensions, and detentions at the border as of 2000
• Detention records
• Removal/Deportation records
• Prior immigration applications or petitions
• Prior USCIS decisions, including I-94 proof of immigration status
• Interactions with the U.S. Customs and Border Patrol (CBP)
• Form I-94 entry/departure records
• Voluntary return records
• Expedited removal orders
• Advance parole obtained through CBP
• Interactions with Immigration and Customs Enforcement (ICE), including arrest and detention records
• Investigation records
• SEVIS records
• Notice to Appear (NTAs) for removal proceedings
• Bond requests

FOIA requests must be filed with the appropriate agency. If an FOIA request is not filed with the correct agency, the agency will send a notice that there are no records available. Additionally, there are certain information that will not be disclosed with the FOIA records, such as:

• Classified information to protection national security
• Documents related solely to the internal personnel rules and practices of the agency
• Information prohibited from disclosure by federal law
• Trade secrets or commercial or financial information that is confidential or privileged
• Privileged communications within or between agencies
• Information related to another individual’s personal privacy
• Information that is related to the supervision of financial institutions
• Geological information on wells
• Law enforcement records under the exemption at 552(b)(7)(A)

For more information on What is the Freedom of Information Act (FOIA), a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.