Frankline Okpu OPR DDR
| Tracking # |
2024-ICFO-41365 |
| Submitted | June 12, 2024 |
| Due | July 12, 2024 |
| Est. Completion | None |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1. The ICE Office of Professional Responsibility Detainee Death Review (DDR) for Frankline Okpu, who died at GEO's Moshannon Valley ICE Processing Center on December 6, 2023; or
2. A record of OPR providing the ICE Deputy Director the required 180-day update regarding Frankline's death.
ICE Policy Directive 11003.5 requires ICE OPR to either complete and publish the detainee death report within 180 days after a person dies in ICE custody, absent exceptional circumstances. See https://www.ice.gov/doclib/detention/directive11003-5.pdf. If exceptional circumstances exist, OPR must provide the Deputy Director an update on the status of the DDR and provide updates every 120 days thereafter. Therefore, either Item 1 above or Item 2 above must exist if ICE is in compliance with its death notification & review policy.
I request expedited processing of this request pursuant to 6 CFR 5.5(e) and state under penalty of perjury pursuant to 28 USC 1746 that this video is a matter of widespread interest and (deaths in ICE and / or GEO custody) about which there exist serious questions of government wrongdoing (whether MVIPC complied with CRCL and ICE’s June 2023 agreement to retrain GEO guards on documenting uses of force and updating facility video to eliminate blind spots in the camera system). Moreover, my investigation for Prism Reports has documented serious inaccuracies in ICE's publicly available reporting regarding Frankline Okpu's death that raise serious questions of wrongdoing by ICE and its contractor, GEO.
I note that ICE FOIA previously granted my expedited processing request with respect to video of Mr. Okpu in the case it assigned ICE FOIA 2024-ICFO-32340.
https://wjactv.com/amp/news/local/troopers-investigation-ice-processing-immigration-moshannon-valley-pennsylvania-death-victim-police
https://www.psp.pa.gov/PIRRs/Clearfield%20Press%20Releases/C_CLEA_11DEC2023_1530.pdf
https://www.google.com/url?q=https://www.inquirer.com/philly/news/crime/private-prisons-assaults-jeff-sessions-sally-yates-geo-20170817.html&sa=U&sqi=2&ved=2ahUKEwiI5d6KwpKDAxXcQzABHd63DhMQFnoECCUQAQ&usg=AOvVaw2gie_C-Ia7ykVrMCcIJRME
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 20 business days, as the statute requires.
Sincerely,
Andrew Free
From: Immigration and Customs Enforcement
06/21/2024
Andrew Free
MuckRock News, DEPT MR165008
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-41365
Dear Requester:
This acknowledges receipt of your 6/12/2024, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records pertaining to: 1. The ICE Office of Professional Responsibility Detainee Death Review (DDR) for Frankline Okpu, who died at GEO's Moshannon Valley ICE Processing Center on December 6, 2023; or
2. A record of OPR providing the ICE Deputy Director the required 180-day update regarding Frankline's death. Your request was received in this office on 6/12/2024.
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. 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. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you’re able to narrow the scope of your request please contact our office. Narrowing the scope may speed up the search process. We will make every effort to comply with your request in a timely manner.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS Interim FOIA regulations, as they apply to media requesters. As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free. We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued.
We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
If you have any questions, please contact FOIA Public Liaison, Daniel Edgington at 500 12th Street, SW, Washington DC 20536 or (866) 633-1182. Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448.
Your request has been assigned reference number 2024-ICFO-41365. Please use this number in future correspondence.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Files
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