What is the FOIA? #
The FOIA is a federal statute (5 U.S.C. § 552) which affords any person the right to obtain federal agency records unless the records (or a part of the records) are protected from disclosure by any of the nine exemptions contained in the law or by one of three special law enforcement record exclusions.
You can use FOIA to request a copy of the file immigration has on you to obtain information and documents from your immigration case.
WHAT INFORMATION SHOULD I INCLUDE WITH MY REQUEST? #
A FOIA request should reasonably describe the records sought and include identifying information. For example, if a FOIA request seeks a record of proceedings, your request, if possible, should include the alien’s full name, aliases, immigration hearing location, and alien registration (A) number (if known). If the A number is not known or the case occurred before 1988, please provide the date of the Order to Show Cause, the country of origin, and the location of the immigration hearing.
HOW DO I REQUEST RECORDS ABOUT MYSELF? #
To ensure that privacy protected information is not improperly released, a request seeking records regarding yourself must verify your identity. The FOIA Service Center recommends submitting an originally signed and dated DOJ-361 Form Certification of Identity.
-OR-
Alternate Certification: when you are requesting your own records, you may verify your identity using your: (1) full name; (2) current address; (3) date and place of birth; and either:
4a. A notarized signature; or
4b. This statement immediately above your signature: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].”
HOW DO I REQUEST THE RECORDS OF ANOTHER PERSON? #
Requests for information about a person other than the requester require proper authorization allowing release of the information. If you are seeking nonpublic information, such as the record of proceedings before an immigration court regarding a person that is not you or a person you represent, the FOIA Service Center recommends that you include in your request an authorization to release information from the person who is the subject of the request or an explanation about how the public interest outweighs the privacy interest of the subject of the record.
The FOIA Service Center recommends having the person who is the subject of the request complete, sign and date Form EOIR-59, Certification and Release of Records for this purpose. If you are the attorney of record, you may wish to provide evidence of that fact, such as a valid entry of appearance, Form EOIR-27 or Form EOIR-28.
HOW TO SUBMIT A FREEDOM OF INFORMATION OR PRIVACY ACT REQUEST #
FOIA requests may be submitted through the Public Access Link.
I recommend submitting a FOIA with USCIS if you are trying to obtain your A file. You can get details on that on the USCIS website here.
You can make requests online at securerelease.us (which is run by a private company on behalf of various government agencies).
Alternately, FOIA requests may be mailed to: #
Office of the General Counsel
Attn: FOIA Service Center
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2150
Falls Church, VA 22041
FIND MORE INFORMATION ABOUT THE FREEDOM OF INFORMATION ACT (FOIA)
