FOIA

Submitting Request

The Privacy Act (PA), 5 U.S.C. § 552a provides lawful permanent residents and U.S. citizens a right of access to records filed in an agency system of records, which are retrieved by their name or personal identifier.

ALL REQUESTS MUST BE SUBMITTED IN WRITING. FORM G-639 may be used for this purpose. Requests must be for access to existing records. The FOIA /PA Program Office will not "create" records for the purpose of responding to a FOIA or PA request.

Follow these steps to make a request:

  • The request must be in writing, including a daytime phone number so that we may contact you.
  • Provide as much information as possible on the subject matter; this will help expedite the search process.
  • Verification of Identity, Verification of Guardianship, Accompanying Persons, and Amendment Request are requirements for making a PA request. PA requests should be marked "Privacy Act Request."
  • Mail your request to:

FOIA Office
U.S. Immigration and Customs Enforcement
800 North Capitol St., NW
5th Floor, Suite 585
Washington, DC 20536

  • Requests can also be faxed to (202) 732-0310
  • Requests or questions may also be e-mailed to the following address: ice-foia@dhs.gov
  • Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25 without notice. Most requests do not require any fees; however, if fees exceed $25, we will notify you beforehand.

An "AFFIRMATION/DECLARATION" form indicating your name, date of birth, name of the person you want your records disclosed to (where applicable) and their address and a statement indicating that you understand that knowingly or willingly seeking or obtaining access to records about another person under false pretenses and or without their consent is punishable by a fine of up to $5,000.

When should I expect to see a response to my request?

You should receive an acknowledgement letter within 3-5 business days after we receive your request. This letter will contain a tracking number we have assigned to your request. If you contact us by phone, mail or e-mail please have this number available if you wish to check the status of your request.

ICE uses a multi-track system to process requests on a first-in, first-out basis. We are able to answer simple requests more quickly and such inquiries will be placed on the fast track of our multi-track processing. More complex requests may require significant processing time. Although ICE's goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10-day extension of this time period. If your request involves a significant volume of records, requires that we collect records from separate offices or requires that we consult with another agency, ICE will invoke the 10-day extension for the completion of your request.

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