Friday, September 9, 2016

Above the Law: ICE Refuses to Produce "A File" After FOIA

Legal blog Above the Law (twitter: @atlblog) has an immigration post of interest today.  Entitled, "ICE Denies FOIA Request from Lawyer Because it Might Help Her Better Defend Her Client," it shares the story of a Colorado-based immigration attorney who (as is routine for attorneys representing clients in removal proceedings) filed a FOIA request seeking her client's "A file."  A portion of the file was referred to ICE.  Two years after submitting the original FOIA request, the attorney ICE's responses stating that "It is ICE’s practice to deny fugitive alien FOIA requesters access to the FOIA process when the records requested could assist the alien in continuing to evade immigration enforcement efforts."  The FOIA denial is now the subject of a continuing lawsuit.

For more on the right to discovery (or lack thereof) in immigration court, check out Geoffrey Heeren's law review article on the topic.


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