ICE MOUs/MOAs (California Highway Patrol)
| Multi Request | ICE MOUs/MOAs |
| Submitted | June 22, 2019 |
| Est. Completion | None |
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Communications
From: Emma Best
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
Copies of any Memoranda of Agreement (MOAs), Memoranda of Understanding (MOUs), memoranda of agreement or other liaison, information sharing or prisoner/detainee transfer agreements or delegations of authority with or involving Immigration and Customs Enforcement signed or otherwise put into effect between March 1, 2003 and the present. This includes but is not limited to any agreements entered into under or a result of Section 287(g) of the Immigration and Nationality Act.
I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the Internet Archive and MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.
As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Emma Best
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following request, copied below. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: California Highway Patrol
Attached is the form acknowledging receipt of your PRA request, received today.
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From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on June 22, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: California Highway Patrol
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on June 22, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: California Highway Patrol
Please see the attached response, sent to you on July 25, 2019.
In the future, please see that all FOIA/PRA requests to the California Highway Patrol are addressed to CHP-COMR@chp.ca.gov<mailto:CHP-COMR@chp.ca.gov>. When requests are mailed to the street address, they may be delayed or misdirected.
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From: Emma Best
Can the records be emailed? This would seem like less trouble for you, and wouldn't cost anyone anything.
From: California Highway Patrol
File No.: 033.15087.A16061.2022.08.271
Good afternoon Ms. Best,
The Office of Risk Management, Public Records Unit, received your recent email correspondence regarding your recent California Public Records Act. In your correspondence on August 12, 2019, you inquired if the records can be emailed.
Government Code section 6253 (b) states, "Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so." This statue allows the Department to release records to requesters upon the payment of fees associated with covering the direct cost of duplication. In addition, Vehicle Code section 1811 states, "The department may sell copies of all or any part of its records at a charge sufficient to pay at least the entire actual cost to the department of the copies, the charge for the records and the conditions under which they may be sold to be determined by the director." The Department has established policy relating to the cost to produce records relating to request under Government Code 6250. In addition, Government Code section 6253.9 (a) (2) states in part, "The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format."
Your request did require duplication of records. To remain fair, objective and impartial to all requesters the Department has a set fee associated with all CPRA request. The Department does not have policy to waive the cost of fees associated with CPRA request.
Requesters may choose to pay to have the documents disclosed as a printed record, or electronic record on a compact disc. Once payment has been received a request for records to be emailed can be taken on a case by case basis, as the decision is predominately based on the file size our email system can accommodate. After a review of the file size of the documents responsive to your request, PRU has determined the Department can provide the records related to your request electronically, via email, upon payment of fees. If you decide to have the records emailed, please pay the fee of $5.00.
If you have any questions, please contact any member of the Public Records Unit, at (916) 843-4030.
Thank you,
California Highway Patrol
Office of Risk Management
Public Records Unit
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
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