![]() Bureau of Alcohol, Tobacco & Firearms, 789 F.2d 64, 66 (D.C. A blanket exemption is an unlawful exemption “claimed for all records in a file simply because they are in the file.” Id. Circuit’s distinction between “blanket” and “generic” withholdings - the first is an impermissible form of categorical withholding the latter a permissible one. Indeed, it noted, the Supreme Court has approved categorical withholding of witness statements gathered by the National Labor Relations Board, under Exemption 7(A), and rap sheets, and under Exemption 7(C). In assessing ICE’s policy, the Court noted that the Supreme Court had upheld agencies’ use of “categorical withholding, as opposed document-by-document or line-by-line” withholdings when records “fit into a genus in which the balance characteristically tips in direction” of applying the exemption. ![]() ICE estimated that it has denied 333 of 111,793 FOIA requests submitted between Jand Apbased on its fugitive request procedures. If no such connection exists, the request is remanded to the FOIA Office for further processing and release of records not otherwise subject to withholding. requested documentation connection between the documents requested and the alien’s continued evasion of law enforcement efforts.” Id. Upon appeal, an attorney in ICE’s Office of the Principal Legal Advisor (“OPLA”) “must thoroughly evaluate the. If the FOIA requester is in “fugitive status,” the FOIA Office may categorically withhold the fugitive’s law enforcement records, citing both Exemption (7)(A) and the fugitive disentitlement doctrine. Rather, an alien is in “fugitive status” status when the alien is not in custody and either: (1) has failed to depart or offer proof of planned departure after having received either a grant of voluntary departure or a removal order, (2) has failed to report to an ICE officer after receiving a legal order to do so, (3) has failed to comply with any conditions placed on him/her, (4) has failed to comply with the provisions of any program that requires him/her to report to ICE, and (5) is wanted by ICE for criminal violations of the federal law. Indeed, it is not limited to aliens who have defied an order issued in a judicial or administrative adjudication. Fugitive status is defined rather broadly, and is not limited to those avoiding trial or punishment for criminal offenses. Under the policy, when ICE receives a FOIA request from an alien, or the alien’s representative, the agency’s FOIA Office consults with its Office of Enforcement and Removal Operations (ERO) to ascertain whether the alien is in fugitive status. ICE promulgated its current fugitive FOIA requester policy in July 2017 (after the Smith litigation had begun). In a subsequent post I will discuss the fugitive disentitlement doctrine and its potential application in the FOIA context. In this post I will discuss the Court’s decision. During the litigation ICE disclaimed reliance on the fugitive disentitlement doctrine. The Court addressed the first question, finding ICE’s policy overbroad, but did not reach the second. The second issue - whether the judicially-created fugitive disentitlement doctrine precludes those evading federal authorities from using FOIA. In several cases, courts have found invocation of Exemption 7(A) appropriate to withhold records that could facilitate fugitive’s efforts to evade capture. The first - whether ICE’s fugitive FOIA requester policy too broadly applies FOIA Exemption 7(A), which allows agencies to withhold law enforcement records that “could reasonably be expected to interfere with enforcement proceedings.” 5 U.S.C. 16, 2019), a District Judge considered whether ICE’s procedures for responding to FOIA requests made by, or on behalf of, fugitive aliens complied with FOIA. Immigration & Customs Enforcement, 2019 WL 6838961 (D. Immigration lawyers find the Freedom of Information Act (“FOIA”) helpful in securing from Immigration & Customs Enforcement (“ICE”) information needed to evaluate their clients’ cases. Refusing to respond to all FOIA requests from fugitive aliens. Whether the “fugitive disentitlement doctrine” could justify a policy of Records that “could reasonably be expected to interfere with enforcement With FOIA Exemption 7(A), which allows agencies to withhold law enforcement This post discusses the policy’s inconsistency ICE’s policy for responding to FOIA requests made by fugitive aliens. Immigration & Customs Enforcement, involving
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