Recommendations to DHS/USCIS
Government agencies that handle immigration enforcement have the power to issue regulations and guidance documents. DHS and USCIS could vastly improve aliens’ access to government records by adopting new protocols with regards to FOIA requests. The agencies could work to cut down processing times, ensuring that individuals receive responses prior to immigration proceedings. More importantly, however, DHS and USCIS could require that the non-mandatory FOIA exemptions be applied with discretion and with a presumption of public access.
Agencies can also work to develop greater consistency in processing. FOIA requests should be reviewed thoroughly, with summaries of withheld documents and reasons for denials provided. When 50% of appealed cases are reversed at least in part, there is reason to believe that standards are not being applied properly or uniformly. Perhaps the agencies need to conduct more FOIA training or issue detailed procedure manuals.
Agencies can also work to develop greater consistency in processing. FOIA requests should be reviewed thoroughly, with summaries of withheld documents and reasons for denials provided. When 50% of appealed cases are reversed at least in part, there is reason to believe that standards are not being applied properly or uniformly. Perhaps the agencies need to conduct more FOIA training or issue detailed procedure manuals.