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AILA Doc. No. 20022703 | Dated December 29, 2020
The Freedom of Information Act (FOIA), 5 U.S.C. §552 provides any individual a right of access to any non-exempt federal government record. 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.
In FY2019, DHS released:
DHS FOIA Processing | Expedited Processing | Instructions for Filing FOIAs | AILA Practice Resources | Advocacy Resources | AILA FOIAs | Member FOIAs | Advocacy FOIAs | Government Resources | Litigation | Media Resources
In general, the FOIA requires an agency to respond to FOIA requests within 20 business days after the office that maintains the responsive records receives the request. The business day response requirement is not necessarily the time frame for releasing responsive documents.
The Department processes its requests by date of receipt at the proper office maintaining the required records on a first-in, first-out basis, except for exceptions outlined in the FOIA and the Department of Homeland Security FOIA implementing regulations.
Under certain conditions, your request may receive expedited processing if you meet the criteria established in our regulations. However, an expedited request will be processed on a first-in, first-out basis with other expedited requests.
Requests and appeals will be taken out of order and given expedited treatment whenever it is determined that they involve:
Information found on AILA.org is not legal advice. Materials found on AILA’s websites are not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, or for independent research based on statutory and regulatory authorities; case law; policy guidance; and, for procedural issues, federal government websites.
Cite as AILA Doc. No. 20022703.
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AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.