What is the Freedom of Information Act (FOIA)?
The United States government established the Freedom of Information Act in 1966 as a federal statute that enables the public to access full or partial disclosures of information controlled by the government and its agencies. This law allows citizens to directly or indirectly obtain information about their government and its positions on various issues affecting the nation.
The Freedom of Information Act is codified in Title 5, U.S.C. § 552, and the rules for FOIA requests are in the Code of Federal Regulations, Title 28, Part 16, with amendments.
Under the Freedom of Information Act, the federal agency must provide the requested information unless it falls under one of nine exemptions that protect interests such as personal privacy, national security, and law enforcement.
All agency records must be made available to the public under the FOIA, the nine exemptions are as follows:
1. National defense or foreign policy information that is properly classified as secret (b)(1).
2. Information related solely to internal personnel rules and practices (b)(2).
3.Information specifically exempted by other statutes (b)(3).
4.Trade secrets and commercial or financial information obtained from a person that is privileged or confidential (b)(4).
5. Privileged interagency or intra-agency memoranda or letters, unless under certain circumstances (b)(5).
6. Personnel and medical files and similar files that would cause a clearly unwarranted invasion of personal privacy if disclosed (b)(6).
7. Investigatory records compiled for law enforcement purposes (b)(7).
8. Examination, operating, or condition reports concerning financial institutions (b)(8).
9. Geological and geophysical information and data, including maps, concerning wells (b)(9).
The Freedom of Information Act only applies to federal agencies and does not cover courts or local governments. To obtain state and local records, one must consult each state’s own public access laws. The major goals of the law are to:
- Provide an open dialogue between the government and its citizens
- Prevent corruption by holding the government responsible.
What are the FOIA Laws and Regulations?
The Freedom of Information Act, 5 U.S.C. § 552, enacted in 1966, highlights that:
- Everyone has the right to request and access documents or data maintained by federal agencies.
- All U.S. government agencies must disclose records upon receiving a written request for them.
- Nine exemptions under the Freedom of Information Act (FOIA) protect certain records from disclosure.
- In amending the Freedom of Information Act in 1986, the government created a novel mechanism for protecting certain especially sensitive law enforcement matters, under subsection (c) of the Act. These three special protection provisions, referred to in the record as “exclusions,” are reserved for certain specified circumstances.
- State or local government agencies, private companies, or individuals cannot withhold information under the federal FOIA. Most states and some local jurisdictions have their own laws regarding access to state and local records.
Who Can Make a FOIA Request?
A Freedom of Information Act request can often be made by “any person” regardless of citizenship. Any private individual, including a foreign citizen, a partnership, corporation, association, university, business, as well as a state, local, or foreign government are included under the term “any person.”
- “Any person” includes an attorney or other representative who makes a record request on behalf of a client.
- “Any person” does not include a person who is hiding from the law or anyone who acts on their behalf, including a foreign government or international organization – whether they are acting directly or through a representative.
- “Any person” excludes foreign governments requesting information from intelligence agencies.
How to Submit a FOIA Request
Before making a FOIA request, check if the information you seek is already publicly available and search relevant websites.
Anyone, regardless of status, can submit a FOIA request. The request should include as much relevant information as possible, such as names, dates, time periods, locations, events, and subjects. The more specific the request, the more likely it will be successful.
Note: Please refer to Step- by- Step process to complete the FOIA request to see what forms and letters are required and to identify the agency for whom you are attempting to submit a FOIA request.
While Submitting a FOIA request to obtain records, the applicants need to be aware that some documents and information are confidential and cannot be disclosed. The request should clearly describe the records needed and include the following:
- The subject of the request.
- Complete mailing address.
- Phone number and email address.
How can FOIA help to Resolve Immigration Issues?
Lost or damaged copies of important records and documents can be restored through a FOIA request, which can provide evidence of your immigration history needed for status renewal or adjustment of status. Knowing your immigration history is crucial for starting immigration proceedings, applying for a US Visa, or being petitioned by a family member.
Federal agencies such as USCIS, CBP, ICE, OBIM, and EOIR (under the Department of Labor) maintain immigration records, and it is your right to access complete information. Obtaining records through a FOIA request may provide the necessary documentation to resolve a pending immigration issue and accessing materials of adjudication from previous cases, such as notes from USCIS officers, may aid in expediting pending or future immigration cases.
How Kodem Law Helps you?
Take control of your immigration case by possessing all the necessary records and documents. Make use of your right to freedom of information with a FOIA request, but navigating it can be complex. Don’t let the confusion hold you back! Kodem Law can guide you through the process and ensure you get the records you need from the right federal agencies.
If you require assistance on any Immigration, Corporate or Compliance related matter.
You can contact us at – 888-955-6634 or mail us at – info@kodemlaw.com
Frequently Asked Questions
1. Is a FOIA request confidential? Does the identity impact the results?
Understand that a Freedom of Information Act request is not confidential. Once received, it becomes a public record. If the request involves personally identifying information or is considered “sensitive,” FOIA Exemption 6 allows for the suppression of such information to protect personal privacy. Keep in mind that the identity of the FOIA requester has no impact on the outcome of the request.
2. What information/data is NOT covered by the Freedom of Information Act?
Information/data that is NOT covered by the FOIA includes non-agency records and personal records. Public requests for access to physical artefacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples) are covered.
3. Does the Freedom of Information Act cover contract-related requests?
You can access contract-related information through the Freedom of Information Act. Before filing your request, check USAspending.gov for publicly accessible information about the contract. To efficiently locate the documents, including the award ID number or the name of the awardee in your FOIA request.