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To Read the FOIA Request U.S. Department of Homeland Security Dr. James V.M.L. Holzer Deputy Chief FOIA Officer The Privacy Office 245 Murray Lane SW STOP-0655 Washington, D.C. 20528-0655 Office of Inspector General FOIA Public Liaison DHS-OIG Counsel STOP 0305 245 Murray Lane, SW Washington, D.C. 20528-0305 U.S. Immigration and Customs Enforcement Freedom of Information Act Office 500 12th Street SW, Stop 5009 Washington, D.C. 20536-5009 To whom it may concern: Muslim Advocates and 18MillionRising.org, Access Now, American-Arab Anti- Discrimination Committee, American Friends Service Committee, Arab American Institute, Asian Americans Advancing Justice – Asian Law Caucus, Asian Americans Advancing Justice – AAJC, Brennan Center for Justice at NYU School of Law, Council on American-Islamic Relations (CAIR), Center for Democracy & Technology, Center for Media Justice (CMJ), Center on Privacy & Technology at Georgetown Law, Electronic Frontier Foundation, Electronic Privacy Information Center (EPIC), Free Press, Government Information Watch, Identity Project, Immigrant Law Center of Minnesota, Japanese American Citizens League, Lawyers’ Committee for Civil Rights Under Law, Legal Aid Justice Center, Muslim Justice League, Muslim Public Affairs Council, National Hispanic Media Coalition, National Immigration Law Center, New America’s Open Technology Institute, Open MIC (Open Media and Information Companies Initiative), Open the Government, Project On Government Oversight, and Restore the Fourth, Inc. (“Requestors”) submit this letter to the Department of Homeland Security (“DHS”), the DHS Office of the Inspector General (“OIG”), the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and Immigration and Customs Enforcement (“ICE”) as a request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, et seq. We ask that this request be expedited pursuant to 5 U.S.C. § 552(a)(6)(E) and that we be granted a fee waiver. We also ask that you refer the requests contained in this letter to any other component agency of DHS as appropriate. 1 I. Background As part of its current vetting processes for visa applicants and holders, ICE manually performs searches for information, likely including social media information.1 President Trump’s January 27, 2017 Executive Order (“Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States”) states that the screening program for entrants to the United States would include “a process to evaluate the applicant’s likelihood of becoming a positively contributing member of society and the applicant’s ability to make contributions to the national interest” as well as “a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States.”2 ICE announced what it called an “Extreme Vetting Initiative” to screen non-citizens for deportation or visa denial based on broad criteria such as being “a positively contributing member of society” or whether person makes “contributions to the national interest.” In the fall of 2017, ICE announced that the name of this initiative had changed to “Visa Lifecycle Vetting.” ICE subsequently held two industry days for potential vendors. II. Request for Information Please search all records regarding agency business. Please do not exclude searches of files or emails in the personal custody of agency officials, such as personal email accounts. With respect to the form of production, see 5 U.S.C. § 552(a)(3)(B), the Requestor requests that responsive electronic records be provided electronically in their native file format, if possible. In particular, electronic records are to be produced in an electronic, native format that contains the original metadata of the files. As a non-exhaustive list of examples: Microsoft Excel spreadsheets are to be produced as files that open in Excel, with all original data and formulas intact; Microsoft Word documents are to be produced in the same file format they are stored in, such that they contain all tracked changes and comments present in the documents; and emails are to be produced with all metadata fields intact, including but not limited to the date and time the email was sent, the full names and email addresses of all recipients, any data contained in the bcc: field, and all attachments. If the records cannot be produced in their native format, the Requestor asks (1) an explanation why the records cannot be so produced; and (2) that the records be provided electronically in a text-searchable, static-image format (PDF), in the best image quality in the agency’s possession, and that the records be provided in separate, Bates- stamped files. 1 This letter is attached to this Request as Attachment 1. It is also available online at https://www.brennancenter.org/sites/default/files/HomanLetter01182018.pdf (last accessed Mar. 1, 2018). 2 Executive Order 13,769 § 4(a). 2 The Requestors request disclosure of the following records3 that were prepared, received, transmitted, collected and/or maintained by DHS, ICE, and any other agency components thereof: 1. Any and all records created on or after January 27, 2017 related to collection or investigation of the social media information of visa-holders, applicants for entry to the United States, and/or United States residents or citizens crossing or intending to cross United States borders, including, but not limited to: a. Records, policies, practices, guidance, publicity materials, contracts, proposals, and procedures related to the “Extreme Vetting Initiative,” “Visa Lifecycle Vetting,” “Visa Life Cycle Vetting,” “Life Cycle Visa Vetting,” and/or “Lifecycle Visa Vetting”; b. Email communications among, between, sent to, sent from, and/or cc’ing personnel from ICE or DHS mentioning or including any of the following case-insensitive text strings: “social media monitoring,” “algorithmic social media monitoring,” “extreme vetting,” “positively contributing member of society,” “contribute to the national interest,” “social media exploitation,” “social media analytic capabilities,” “trend analysis,” “derogatory information,” “Extreme Vetting Initiative,” “Visa Lifecycle Vetting,” “Visa Life Cycle Vetting,” “Life Cycle Visa Vetting,” and/or “Lifecycle Visa Vetting”; c. Records containing discussion of the choice of the names “Extreme Vetting Initiative,” “Visa Lifecycle Vetting,” “Visa Life Cycle Vetting,” “Life Cycle Visa Vetting,” and/or “Lifecycle Visa Vetting”; 3 The terms “records” is intended in the broadest possible sense and includes without limitation all records or communications preserved in electronic or written form, including but not limited to correspondence, regulations, directives, documents, data, videotapes, audiotapes, e-mails, faxes, files, guidance, guidelines, standards, evaluations, instructions, analyses, legal and policy memoranda, minutes or notes of meetings and phone calls, memoranda, agreements, notes, orders, policies, procedures, protocols, reports, rules, manuals, technical specifications, text communications between phones or other electronic devices (including, but not limited to, communications sent via SMS or other text, Blackberry Messenger, iMessage, WhatsApp, Signal, Gchat, or Twitter direct message), training materials or studies, including records kept in written form, or electronic format on computers and/or other electronic storage devices, electronic communications and/or videotapes, as well as any reproductions thereof that differ in any way from any other reproduction, such as copies containing marginal notations. If any portion of a record is responsive, Requestors ask that you produce the entire document, or, if that is not possible, the largest segregable portion thereof. 3 d. Records containing the names of the specific social media platforms and websites visited, searched, consulted, or considered for visitation/searching/consultation as part of the Extreme Vetting Initiative and/or Visa Lifecycle Vetting Initiative; e. Records containing discussion of the application programming interfaces (a.k.a. “APIs”), terms of use, and/or terms of service of common social media platforms.4 2. Any and all records created on or after January 27, 2017, related to the two industry day events mentioned in the January 18, 2018 letter5 from Thomas D. Homan to Rachel Levinson- Waldman (“industry day events”), including, but not limited to: a. A list of the attendees at the industry day events; b. Email communications among, between, sent to, sent from, and/or cc’ing personnel from ICE or DHS mentioning the industry day events; c. Email communications among, between, sent to, sent from, and/or cc’ing personnel from ICE or DHS containing any of the questions or responding to any of the answers in the three question-and-answer documents6 produced by ICE related to the industry day events. 3. Records describing the processing of this request, including but not limited to records sufficient to identify the search terms used and the dates on which the searches were conducted; records sufficient to identify the locations and custodians searched; any tracking sheets used to track the processing of this request; and any FOIA questionnaires or certifications completed by individual custodians or components used to determine whether they possess responsive materials or to describe how they conducted searches. III. Application for Expedited Processing Expedited processing of this request is warranted because: (1) there is an “urgency to inform the public about an actual or alleged Federal
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