Migrant death statistics (Texas National Guard)
| Tracking # |
T23-83 |
| Multi Request | Migrant death statistics |
| Submitted | July 28, 2023 |
| Est. Completion | None |
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Communications
From: Demetrius Johnson
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
Statistics pertaining to migrant deaths along the US/Mexico border.
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 business days, as the statute requires.
Sincerely,
Sherrie Hart
From: Texas National Guard
Good afternoon,
This email is being sent to request clarification to your Texas Public Information Act (TPIA) request dated July 30, 2023, for:
Statistics pertaining to migrant deaths along the US/Mexico border.
Please clarify the following terms/items in your request:
In order to conduct an appropriate search for responsive records, please identify any defined group(s) of employees or offices that this request may pertain to.
As an administrative note, please be advised that “@mail.mil” email addresses have been converted to “@army.mil” addresses. While we discovered that the server automatically filtered this message into junk email, emails sent to the old address are anticipated to not come through at all in the near future. To ensure records requests are received, and not filtered as spam, please send all communications to ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>.
Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. Additionally, please complete and return the form attached to certify whether you agree to mandatory and/or discretionary exceptions.
If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
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~WRD3903
From: Demetrius Johnson
I would like to update my initial request to clarify items and narrow the scope of search to the following:
Statistics pertaining to immigrant/migrant deaths along the US/Mexico border from the following email accounts:
(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy, and Communications
(3) Chief of Staff including General Counsel, Inspector General, Special Staff, Strategic Initiatives Group, Public Affairs, Government Affairs, and Command Staff
(4) Office of the Executive Director including leadership from Finance and Procurement divisions
(5) Domestic Operations leadership
(6) Texas State Guard leadership
Thank you
From: Texas National Guard
Good afternoon,
This email is being sent to request clarification to your amended Texas Public Information Act (TPIA) request for:
---------------------------------------------------------------------------------------------------------
Statistics pertaining to immigrant/migrant deaths along the US/Mexico border from the following email accounts:
(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy, and Communications
(3) Chief of Staff including General Counsel, Inspector General, Special Staff, Strategic Initiatives Group, Public Affairs, Government Affairs, and Command Staff
(4) Office of the Executive Director including leadership from Finance and Procurement divisions
(5) Domestic Operations leadership
(6) Texas State Guard leadership
---------------------------------------------------------------------------------------------------------
Please clarify the following terms/items in your request:
- please define the term “Communications” as Public Affairs and Government Affairs are listed in item 3
- please define the term “Special Staff” as special staff offices are already listed
- please define the term “Command Staff”
- does the term “Office of the Executive Director” refer to the Executive Director of the Texas Military Department?
- please define the term “Domestic Operations leadership” as Operations are already listed and the organization does not have a Domestic Operations command
- please define the term “Texas State Guard leadership”; does this refer to the commander of the Texas State Guard?
Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
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~WRD1774
From: Demetrius Johnson
I would like to update my request to clarify items and narrow the scope of search to the following:
Statistics pertaining to migrant deaths along the US/Mexico border currently in possession by the following offices or individuals:
(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy
(3) Chief of Staff including General Counsel, Inspector General, Strategic Initiatives Group, Public Affairs, Government Affairs
(4) Office of the Executive Director of the Texas Military Department, including leadership from Finance and Procurement divisions
(5) Current Commanders of the Texas State Guard
(6) 3rd Brigade of the Texas State Guard
From: Texas National Guard
Good afternoon,
This email is being sent to request clarification to your amended Texas Public Information Act (TPIA) request for:
---------------------------------------------------------------------------------------------------------
Statistics pertaining to migrant deaths along the US/Mexico border currently in possession by the following offices or individuals:
(1) Texas Adjutant General and Deputy Adjutant General
(2) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy
(3) Chief of Staff including General Counsel, Inspector General, Strategic Initiatives Group, Public Affairs, Government Affairs
(4) Office of the Executive Director of the Texas Military Department, including leadership from Finance and Procurement divisions
(5) Current Commanders of the Texas State Guard
(6) 3rd Brigade of the Texas State Guard
---------------------------------------------------------------------------------------------------------
Please clarify the following terms/items in your request:
- for item 3, does this request mean to include the Joint Chief of Staff in addition to the General Counsel, Inspector General, etc.?
- does item 4 mean to reference only the Executive Director (Ms. Shelia Taylor)?
- does item 5 mean to reference only the Commander of the 3rd Brigade of the Texas State Guard?
Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
-
~WRD3812
From: Demetrius Johnson
To clarify the following terms/items in my request:
- “for item 3, does this request mean to include the Joint Chief of Staff in addition to the General Counsel, Inspector General, etc.?”:
Yes
- “does item 4 mean to reference only the Executive Director (Ms. Shelia Taylor)?”:
I would like to update this requested item to only include the Executive Director (Ms. Shelia Taylor)
- “does item 5 mean to reference only the Commander of the 3rd Brigade of the Texas State Guard?”:
No, I am seeking a search of Commanders from each brigade, as well as the 3rd Brigade Commander of the Texas State Guard
From: Texas National Guard
Good afternoon,
Please see below request for clarification and be advised that requests T23-76, T23-77, T23-78, T23-79, T23-80, T23-81, T23-82, and T23-83 have been combined to be processed as one request.
This email is being sent to request clarification to your amended Texas Public Information Act (TPIA) request for:
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From January 1, 2023:
(1) Any and all photos, videos, reports, or other documentation related to migrant deaths near Eagle Pass
(2) Emails to/from Texas elected officials, including but not limited to Ted Cruz and/or Greg Abbott, mentioning "Operation Lone Star"
(3) Emails mentioning "razor wire" along the Rio Grande
(4) Emails mentioning "deterrent" along the US/Mexico border
(5) Emails mentioning "buoys" or "buoy barrier" on the Rio Grande, along the Texas/Mexico border, near Eagle Pass
(6) Emails containing surveillance camera footage from the location where a buoy barrier has been installed along the Rio Grande, near Eagle Pass
(7) Emails mentioning any of the following terms: "buoys"; "floating barrier" on the Rio Grande, along the Texas/Mexico border, near Eagle Pass; and
(8) Statistics pertaining to migrant deaths along the US/Mexico border
in possession by the following individuals:
(a) Texas Adjutant General
(b) Deputy Adjutants General
(b) Joint Staff leadership within Operations, Logistics, Intelligence, Plans and Policy
(c) Joint Chief of Staff
(d) General Counsel
(e) Inspector General
(f) Heads of the following offices: Strategic Initiatives Group, Public Affairs, Government Affairs
(g) The Executive Director of the Texas Military Department in addition to leadership from Finance and Procurement divisions and any direct assistant employees to both positions that may also be responsible for handling the subject matter
(h) Commander of the Texas State Guard (only one during the specified time)
(i) Brigade commanders the Texas State Guard
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Please clarify the following terms/items in your request:
- does item (g) mean to reference the Executive Director (Ms. Shelia Taylor), the head of Finance/Procurement, and any “Deputy” positions that may exist?
- does item (i) mean to reference the commanders of 1st Brigade, 2nd Brigade, 3rd Brigade, and 6th Brigade of the Texas State Guard (as shown at https://tmd.texas.gov/state-guard)
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Your narrowing or clarification of this request does not preclude you from making future requests for additional information. After we receive your response, we can begin a search of our records for the information you are seeking. If we do not receive a response from you by the 61st day after the date this email is sent, your request will be considered withdrawn. See Govt Code § 552.222(d), (g). The withdrawal of your request does not preclude you from requesting the same or other information in the future.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
From: Demetrius Johnson
This is a response to clarify the following terms/items in my request:
- "does item (g) mean to reference the Executive Director (Ms. Shelia Taylor), the head of Finance/Procurement, and any “Deputy” positions that may exist?":
YES
- "does item (i) mean to reference the commanders of 1st Brigade, 2nd Brigade, 3rd Brigade, and 6th Brigade of the Texas State Guard (as shown at https://tmd.texas.gov/state-guard)":
YES
From: Texas National Guard
Public Information Cost Estimate Letter
Ms. Sherrie Hart
Via email: requests@muckrock.com<mailto:requests@muckrock.com>
Dear Ms. Hart:
We have received your request for information clarified on 9/7/2023 and have determined that complying with your request will result in the imposition of a charge that exceeds $40. Therefore, we are providing you with this cost estimate as required by section 552.2615 of the Texas Government Code.
Itemized List of Charges:
Description Qty x Price Total
Labor minutes ($15/hour) 3000 x $0.25 $750.00
Overhead charges 20% of $750.00 $150.00
Total cost $900.00
There is a less expensive way for you to obtain this information. You may view the information in person at our offices. If you choose to view the information in person, please provide me with three dates and times when it will be convenient for you to come.
The estimated charges exceed $100.00; therefore, as allowed by section 552.263(a) of the Government Code, we require a deposit of 100% ($900.00) before starting work on your request. Complying with this request require labor to locate, compile, and manipulate the requested information (as the requested information would require redactions to be made to remove the presence of confidential military personnel information not subject to disclosure under the Act).
Your request will be considered automatically withdrawn if you do not notify us in writing within ten business days from the date of this letter that you either:
(a) accept the charges;
(b) wish to modify your request; OR
(c) have sent to the Open Records Division of the Office of the Attorney General a complaint alleging that you are being overcharged for the information you have requested.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
From: Demetrius Johnson
I accept the charges and would like to move forward with my request.
From: Texas National Guard
Good afternoon,
This is a follow-up to your request T23-83. As discussed below, we will continue processing your request once we have received payment for the deposit referenced below.
If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
-
~WRD0000
From: Demetrius Johnson
To Whom It May Concern:
Please find enclosed a check for $900.00 to satisfy the fee associated with the attached public records request.
Thank you.
Texas Military Department
ATTN: FOIA
P.O. Box 5218
Austin, TX 78763
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on July 30, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #T23-83.
Thanks for your help, and let me know if further clarification is needed.
From: Texas National Guard
Good afternoon,
This is a follow-up to your request T23-83. As discussed below, we will continue processing your request once we have received payment for the deposit referenced below.
If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
From: Miranda Carruth
To Whom It May Concern:
Please find enclosed a check for $900.00 to satisfy the fee associated with the attached public records request.
Thank you.
Texas Military Department
ATTN: FOIA
P.O. Box 5218
Austin, TX 78763
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Texas Public Information Act request, copied below, and originally submitted on July 30, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #T23-83.
Thanks for your help, and let me know if further clarification is needed.
From: Texas National Guard
Good afternoon,
The check for the deposit was received on April 2, 2024. We will continue to update as we process this request.
If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 737.358.9003
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
-
~WRD0002
From: Texas National Guard
Ms. Sherrie Hart
Via email: requests@muckrock.com
Dear Ms. Hart:
We received your request for information clarified on 9/7/2023 and initially determined that complying with your request would result in the imposition of a charge that exceeds $40. Therefore, we provided you with a cost estimate as required by Section 552.2615 of the Texas Government Code. Your request was administratively closed due to non-payment of the deposit within 10 business days as required by Section 552.2615 of the Texas Government Code. We did not receive your payment for this deposit until 4/2/2024.
We are consulting with the Attorney General’s office to ensure compliance with the Act, however our intended action is to return the deposit received as it was not received in the time constraints provided by the Act and leave the request administratively closed.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 512.782.6988
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
From: Texas National Guard
Updated Public Information Cost Estimate Letter
Ms. Sherrie Hart
Via email: requests@muckrock.com<mailto:requests@muckrock.com>
Dear Ms. Hart:
We received your request for information, clarified on 9/7/2023, and initially determined that complying with your request would result in the imposition of a charge that exceeds $40. Therefore, we provided you with a cost estimate as required by Section 552.2615 of the Texas Government Code. We did not receive your payment for this deposit until 4/2/2024 and began receiving responsive information at that point.
Upon gathering requested information, it has become evident that that the estimated charges will exceed the charges detailed in the written itemized statement by 20 percent or more. Therefore, we are providing a written updated itemized statement that details all estimated charges that would be imposed, including any allowable charges for labor or personnel costs.
Itemized List of Charges:
Description Qty x Price Total
Labor minutes ($15/hour) 150,000 x $0.25 $37,500
Overhead charges 20% of $37,500 $7,500
Total cost $45,000 (minus $900 of initial deposit received)
There is a less expensive way for you to obtain this information. You may view the information in person at our offices. If you choose to view the information in person, please provide me with three dates and times when it will be convenient for you to come.
The estimated charges exceed $100.00; therefore, as allowed by section 552.263(a) of the Government Code, we require a deposit of 100% ($44,100.00) before starting work on your request. Complying with this request require labor to locate, compile, and manipulate the requested information (as the requested information would require redactions to be made to remove the presence of confidential information not subject to disclosure under the Act).
Your request will be considered automatically withdrawn if you do not notify us in writing within ten business days from the date of this letter that you either:
(a) accept the charges;
(b) wish to modify your request; OR
(c) have sent to the Open Records Division of the Office of the Attorney General a complaint alleging that you are being overcharged for the information you have requested.
All communications concerning this request should be identified with the above reference number and addressed to this mailbox or the address listed below. If you have any questions regarding your records request, please feel free to contact our office at this email address or (512) 782-5443.
Sincerely,
Open Records
Texas Military Department
Office: 512.782.5443
Fax: 737.358.9003
P.O. Box 5218 (ATTN: FOIA)
Austin, TX 78763
ng.tx.txarng.mbx.freedom-of-information-act@army.mil<mailto:ng.tx.txarng.mbx.freedom-of-information-act@army.mil>
From: Texas National Guard
