CASA FOIA Request About 7-Eleven Raid – “Final” (pre-litigation) Response Letter (11/21/08)

8/9/2019 CASA FOIA Request About 7-Eleven Raid Final (pre-litigation) Response Letter (11/21/08)

1/7

Re: 2009F0IA524

U.S. Department of Homeland Security800 N. Capitol Street, NW. Suite 585Washington, DC 20536(i) ~ ~ d ~ ~ : ~ ~ ~ t i o n

" " ' ~ e v ~ Enforcement" ~ ' 1 J . Y 5 : - ? November 21} 2008

This is the fmal response to your Freedom ofInfonnation and Privacy Act (FOlA) request to theImmigration and Customs Enforcement (ICE), dated September 23,2008. You are seeking the disclosureofa1l records created from January 1,2006, to the present pertaining to the following:1. The investigation, arrest, and detention of approximately t w e n t y ~ f o u r individuals in the City ofBaltimore, Maryland, in or near the 7-Eleven parking lot on or near the comer of Broadway and LombardStreet, on or about January 23, 2007; and2. Any and all records mentioning "day laborer", "day laborers", "day-laborer", "day-laborers", "daylabor", "hiring spot", "migrant worker", "alien worker", "7-11 ", "7-Eleven", "seven-eleven", and "workercenter."In addition, you are seeking the disclosure of all records created from January 1, 2003, to the present relatedto the following:3. Any and all complaints received by the Office of Inspector General for any activity involving ICE agentsthat allegedly or actually occurred at least in part in the State ofMaryland; as well as any other documentscreated or received by the OIG relating to any investigation of ICE conduct with the State ofMaryland andthe outcome of such investigation.\\'hile processing your request, the Department ofHomeland Security/Office of Inspector General locatedrecords that fall under the purview of he Department ofHomeland Security (DHS), Immigration andCustoms Enforcement (ICE). Accordingly, your request and four pages of responsive records werereferred to this office for processing and direct response to you. YOUf request was received in this office onNovember 18,2008.Upon a review ofyour request, I have determined that four pages are partially releasable pursuant to Exemptions(b)(2) low, (b)(5), (bX6) and (b)(7)(C) of he Freedom oflnfonnation Act, 5 U.S.C. 552.Enclosed are four pages with certain infonnation withheld as described below.

\VWW_ ce.gov


2/7

FOIA Exemption 2(low) protects information applicable to internal administrative personnel matters to theextent that the infonnation is of a relatively trivial nature and there is no public interest in the docwnent.FOIA Exemption 5 protects from disclosure those inter- or intra-agency documents that are normallyprivileged in the civil discovery context. The three most frequently invoked privileges are thedeliberative process privilege, the attorney work-product privilege, and the attorney-client privilege.After carefully reviewing the responsive documents, I determined that [portions of] the responsivedocuments qualify for protection under the deliberative process privilege.

Deliberative Process PrivilegeThe deliberative process pr ivilege protects the integrity of the deliberative or decision-makingprocesses within the agency by exempting from mandatory disclosure opinions, conclusions, andrecommendations included within inter-agency or intra-agency memoranda or letters. Therelease of this internal information would discourage the expression of candid opinions andinhibit the free and frank exchange of infonnation among agency personnel.FOIA Exemption 6 exempts from discJ0 sure personnel or medical files and similar files the release of whichwould cause a clearly unwarranted invasion ofpersonal privacy. This requires a balancing of he public 's rightto disclosure against the individual's r ight privacy. [The types ofdocuments and/or information that we havewithheld may c o ~ i s t ofbirth certificates. naturalization certificates, driver license, social security numbers,home addresses, dates ofbirth, or various other documents and/or information belonging to a third party thatare considered personal.] The privacy interests of he individuals in the records you have requested outweighany minimal public interest in discJosure of he infonnation. Any private interest you may have in thatinfonnation does not factor into the aforementioned balancing test.Exemption 7(C) protects records or infonnation compiled for law enforcement purposes that could reasonablybe expected to constitute an unwarranted invasion ofpersonal privacy. This exemption takes particular note ofthe strong interests of individuals, whether they are suspects, witnesses, or investigators, in not beingunwarrantably associated with aJJeged criminal activity. That interest extends to persons who are not only thesubjects of he investigation, but those who may have their privacy invaded by having their identities andinformation about them revealed in connection with an investigation. Based upon the traditional recognition ofstrong privacy interest in law enforcement records, categorical withholding of information that identifies thirdparties in law enforcement records is ordinarily appropriate. As such, I have determined that the privacy interestin the identities of individuals in the records you have requested clearly outweigh any minimal public interest indisclosure of he information. Please note that any private interest you may have in that information does notfactor into this determination. [The types ofdocuments and/or information that we have withheld could consistojnames, addresses, identification numbers, telephone numbers,jax numbers, or various other documents thatare considered personal.]You have a right to appeal the above withholding detennination. Should you wish to do so, you must send yourappeal and a copy of this letter, within 60 days of he date of his letter, to: Associate General Counsel (Genera1Law), U.S. Department of Homeland Security, Washington, D.C. 20528, following the procedures outlined inthe DHS regulations at 6 C.F R. 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHS regulations are available at www.dhs.gov/foia.Provisions of the FOIA allow us to recover part of the cost of complying with your request. In thisinstance, because the cost is below the $14 minimum, there is no charge. 6 CFR 5.] 1 d)(4).

W\J,.'w.ice.gov


3/7

If you need to contact our office again about this matter, please refer to 2009F0IA524. This office can bereached at (202) 732-0300.

Enc10sure(s): 4 pages

w\\'w.ice.gov


4/7

-02/09/2007 15:18 FAX 8127253113

I xxxxxxxxxxxxxx I I xxxxxxxx I~ E P A R T M E N T OF HOMELAND SECURITY

3. TITLE

Immigration and Customs EnforcementOffIce of Professional ResponsibilityREPORT OF lNVESllGATION

HB 4200-01 (37). $p:IaI Agent Handbook

Page" 014

1. CASE NUMBER

2. REPORT NUMB!R001SUBJECT, UNKNOWNlUnknownlClvil Rights Violation/SAL TIMORE. SALTIMORE, MD

4. FINAL RESOLunON

STATUS 6. lYPE OF REPORT 7. RELATED CASESInitia! Report Allegation8. TOPICAllegation that fugitive apprehension operation was -racial profile- motlvated and/or

D.9. SYNOPSISOn February 8,2007,the JIC received an e-mail from U.S ICE Field Office DirectOr (FOD) MarionDUlls, MD reporting that ORO officers conducted a fugitive operation 8S part of "Operation Returnto Sender". Offlcers arrested 24 HispanIc males gathered at Iocal.7-Eteven store known to be ahangout for day laborers seeklrig employment. Concerns from local groups & individuals. IncludingCASA of Maryland & Senator Barbara Mikulski. some of the circumstances surrounding thepresence of the officers at the 7-Eleven have come into question. The CASA of Maryland grouprepresenting 24 apprehended aliens, are allegtng that racla' profiling was utilized & that eMI rightshave been Violated.

14.

No~ I P I I 'IIf"II.vnI 'fOR oFRQIAL UR ONLY MID lEMAM l lE PROKR1Y DF DE DEI"'.IR'ft8lJ OF IiCtIiBAND 1IOaJRnY. Nl"t N!IQIJSTFORI ~ ~ ~ Q ' ~ ~ ' ~ " " N T Il'UR*TIONCOHTAIHEOHERBN 8DA.D1I1 REfERAliDTO i1I!N)QIJAA'TaI. D U ' ~ OFtIOIIlEINGGC(JIUlY, ~ 1 G t WITH A.

011THE orttQMlLANOIIC\JIUT'Y rroaN1.-.s ~ " I ' I ~ MORCClNCLI.ISICM O I F ~ D I ! P H m I I I N 01=

Ixxxxxxxxxxxxxxx I Ixxxxxxxxx I


5/7

02/06/200115:1S'FAX 8127253773

I xxxxxxxxxxxxxx I I xxxxxxxxx IDEPARTMENT OF HOMELAND SECURITY

t-V10. NARRATIVE

REPORT OF INVESnGATIONCONTINUATIONHe 4200-01 (37). &pIJ'"Aaant Iofandbook

Iai003/041

P8g820f4

1. CASE NUMBER

PREPARED BY(bH6), (b)(7IC

2. REPORT NUMBER001

On February 8,2007.the JIC recelved an e--mail from U.S ICE Field omce Director (FOD) Marlononus. MD reporting that ORO officers conducted a fugitive operatIon as part of Operatlon Retum

,t o Sender", Officers alT8Sted 24 Hispanic males gathered at a local 7e'even store known to be ahangout for day laborers seeking emptoyment. Concems from local groups & individuals, includingCASA of Maryland & Senator Barbara MikUlsid t some of the circumstances surrounding thepresence of the officers at the 7 Eleven have come Into question. The CASA of Maryland grouprepresenUng 24 apprehended aliens. are alleging that racial profll1ng was utilized & that civil rightshave been violated.l l lJs report contains a verbatim copy of relevant material receivedOn January 23, 2007. ORO officers from the Battimore Field Office conducted a fugitive operationas part of the larger IOperation Return to Sender" _At the end of the operation. because theapprehension numbers were lower than had been antiCipated, the Acting Field Office Director,John AJdennan. ordered the officers back out Into the field make more arrests. The purpose of a"fugitive operation" Is to target aliens who are subject to final orders of ~ m o v a l but who have failedto departthe U.S. as required. On this parOcular day. officers arrested 24 Hispanic males who hadgathered at a local 7 -Eleven store known to be a hangout for day laborers seeldng employment.The Initial reports provided to upper management. HQDRO. and subsequentlyfolWarded to theAssistant Secretary 1ndlcated that the fugltlve teams had merely pulled into thIs 7 .Eleven parldnglot to "r&-group and/or strategIze before hltung a target Iocadon and that lhese aliens approachedthe officers asklng- about employment. thereby kicking of f questloning abOut alienage andremovabllty. Reports also indicated that al l 24 apprehensIOns were made on the grounds of he 7-Eleven. This Is how the events of the day were reported and how ICEIDRO conveyed theInformation to the media.However, after a barrage of concerns from local groups and Individuals.lndudlng CASA of-Maryland and Senator Barbara Mikulski, some of the circumstances surrounding the presence ofthe offleers at the 7 .Elauan hD\lD ~ m A hun " ' I ~ d l n n - In his memorandum submHted to document

Ixxxxxxxxxxxxxxx I I xxxxxxxxx I


6/7

02/09/2007 15:18 FAX 8127253773

Ixxxxxxxxxxxxxxx I. I xxxxxxxx IDEPARTMENT OF HOMELAND SECURITY

10. NARRA11VE.REPORT OF INVESTIGATION. CONTINUATIONHe CD0-01 (37). Special"EJenlHendbadC

IlJ 004/041

Page 3 of4

1. CASE NUMBER

2. REPORT NUMBER001

ICEJORO does not sanctlonopen-alr Immigration raids" which Is what the event of January 23rdhas been tenned by the Senators office. Allegations by CASA of Maryland. a group representingthe 24 apprehended aliens, are that racia' promlngwas uUlIzed and that civil rights have beenviolated. CAS A Is considering the fiUng of habeas actIOn In federal court In addlUon to motioningthe Immigration cour t to terminate proceedings due to racial profiling. These matters are currentlyp e n d i ~ . UatnnJ: MAn nhtAlnAd from all offIears whO took oart In the

This is being forwarded to the JIC at the direction of the ActIng Assistant DIrector for Operations.Catvln McCormlck. As the Acting Freid Omce Director In Baltimore I d irected that each officerinvolved provides me with a memo relaying the events of the day; these will be forwarded Ifrequested.

I xxxxxxxxxxxxxx I Ixxxxxxxxxxx I


7/7

02/09/2007 15:"B FAX B127253773

I xxxxxxxxxxxxxx I Ixxxxxxxxx IDEPARTMENT OF HOMELAND SECURITY

None

I xxxxxxxxxxxxxx I

REPORT OF INVESTIGATIONech bl t List

liB -t.200:-01 (37). S.. getdHIndbook

I xxxxxxxx I

141 005/041

1. CASE NUMBER

2. REPORT NUMBER001

CASA FOIA Request About 7-Eleven Raid – “Final” (pre-litigation) Response Letter (11/21/08)

Documents

Transcript of CASA FOIA Request About 7-Eleven Raid – “Final” (pre-litigation) Response Letter (11/21/08)