Recommendations to Advocacy Groups
Advocacy groups can improve the current FOIA system by engaging in high impact litigation. A mere two percent of FOIA determinations across all federal departments and agencies are appealed. This is understandable due to the expensive and time-consuming nature of FOIA litigation. However, the lack of judicial appeals prevents the law from moving in the right direction. Agencies have grown accustomed to their determinations going more or less unchecked. There are very few incentives for federal bodies to interpret the statute’s exceptions narrowly or discretionarily as intended, especially when they are under institutional pressure to speed up processing times. Advocacy groups can serve as a check on agencies. If enough erroneous decisions are litigated, agencies will be forced to evaluate FOIA requests more thoroughly.
Larry R. Fleurantin has suggested that there are two obvious avenues to challenge FOIA determinations through the court system: “The first avenue is through Federal district courts following an alien’s receipt of an incomplete file in response to a FOIA request. The second is through circuit courts of appeals, via a petition for review initiated by an alien raising contested issues before the immigration judge and the BIA.” Either way, litigation that leads to more favorable judicial interpretations and more responsible agency decision-making will greatly benefit refugee and asylum seekers.
Advocacy groups can also play an important role in raising awareness. Few lay people are cognizant of the restrictions FOIA places on immigration proceedings. This injustice should be brought to light. Educating the public and lobbying the government and agencies to provide aliens with greater access to government records could result in reform. Similarly, advocacy groups should conduct “Know Your Rights” presentations to educate refugee and asylum populations regarding FOIA.
Another form of education advocacy would be to provide refugee and asylum seekers with information about the American immigration system. If these individuals knew that their words might be used for impeachment purposes, that their credibility is judged based on western norms, etc., some of the problems associated with FOIA denials could be avoided.
Larry R. Fleurantin has suggested that there are two obvious avenues to challenge FOIA determinations through the court system: “The first avenue is through Federal district courts following an alien’s receipt of an incomplete file in response to a FOIA request. The second is through circuit courts of appeals, via a petition for review initiated by an alien raising contested issues before the immigration judge and the BIA.” Either way, litigation that leads to more favorable judicial interpretations and more responsible agency decision-making will greatly benefit refugee and asylum seekers.
Advocacy groups can also play an important role in raising awareness. Few lay people are cognizant of the restrictions FOIA places on immigration proceedings. This injustice should be brought to light. Educating the public and lobbying the government and agencies to provide aliens with greater access to government records could result in reform. Similarly, advocacy groups should conduct “Know Your Rights” presentations to educate refugee and asylum populations regarding FOIA.
Another form of education advocacy would be to provide refugee and asylum seekers with information about the American immigration system. If these individuals knew that their words might be used for impeachment purposes, that their credibility is judged based on western norms, etc., some of the problems associated with FOIA denials could be avoided.