ICE Death Records
| Tracking # |
2024-ICFO-41781 |
| Submitted | June 13, 2024 |
| Due | July 15, 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:
ICE detainee death records for Julio Cesar Chirino Peralta, a 32 year-old migrant from Nicaragua, who died following his detention at the Port Isabel Detention Center on October 8, 2023 (see https://www.ice.gov/doclib/foia/reports/ddrJulioCesarChirinoPeralta.pdf):
1. The Office of Professional Responsibility Detainee Death Review (search the External Reviews and Analysis Unit within ICE OPR);
2. The Creative Corrections Healthcare and Security Compliance Analysis report (search ERAU);
3. the IHSC Mortality Review (search the ICE Health Service Corps);
4. The IHSC Root Cause Analysis, if any (search IHSC).
We request expedited processing of this request pursuant to 6 C.F.R. 5.5(e) and provide the following statements in support of our request under penalty of perjury pursuant to 28 USC 1746:
1. At the time of this request, ICE deaths in custody have doubled the highest levels from previous years of the Biden administration. https://www.nbcnews.com/news/us-news/number-deaths-ice-custody-already-double-last-year-rcna154659#:~:text=NBC%20News%20Tipline-,The%20number%20of%20deaths%20in%20ICE%20custody%20is%20already%20more,of%20the%20six%20preceding%20years.
2. The current rate of in-custody ICE deaths is on track to exceed any non-COVID year since FY17. See: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC11007418/; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7870381/
3. Deaths in ICE custody have been the subject of widespread, ongoing media coverage and extensive policy advocacy and discussion. See, e.g. ,https://www.npr.org/2023/11/08/1211316303/ice-releases-investigation-into-immigrants-death-after-months-of-inexcusable-del; https://www.yahoo.com/news/number-deaths-ice-custody-already-133000592.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAALCThkPLfU2ufNLo_I3yqmeUO38qEyUSI4U597M71FTc3npyfor0xVw-REfCt-2anUv5517ufGPQZZuU4KKiJ98axkk_ivGQf5e9Gu_gYZaHzjunplOd3-7tEQTfDoPBn6g0zjNvYt8aKSYJBBN9iLv2gvnes6k94yMIMemD-0yw; https://www.cnn.com/2023/06/30/us/migrant-death-ice-custody-recommended-release/index.html.
4. There exist serious questions regarding the government's capacity to ensure safe and humane detention conditions that prevent deaths in ICE custody, based on available FOIA records obtained through federal litigation. See, e.g., https://prismreports.org/2023/04/20/ice-gourgan-mirimanian-death-2018/; https://today.usc.edu/ice-deaths-custody-detention-medical-standards-violated-usc-study/
5. ICE has announced its intention to expand its detention system, potentially increasing the numbers of in-custody death to even higher levels. https://www.ice.gov/news/releases/ice-announces-ongoing-work-optimize-enforcement-resources
6. ICE has previously failed to accurately inform the public of its own internal agency conclusions about the events leading up to in-custody deaths. See, e.g., https://www.aclu.org/wp-content/uploads/2024/04/April-2024-ACLU-Letter-to-ICE-on-Torrance-Detention-Facility.pdf
There is a compelling need to obtain these records as soon as possible so that the public can understand the consequences of ICE's current detention management processes as the agency seeks to expand the system beyond its appropriated limit of 41,500 beds.
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
06/26/2024
Andrew Free
MuckRock News, DEPT MR165111
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-41781
Dear Requester:
This acknowledges receipt of your 6/16/2024, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for records pertaining to the death of Julio Cesar Chirino Peralta. Your request was received in this office on 6/16/2024.
Some information has already been made public at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ice.gov/doclib/foia/reports/ddrJulioCesarChirinoPeralta.pdf and at https://www.ice.gov/news/releases/nicaraguan-national-ice-custody-dies.
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-41781. 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
From: Immigration and Customs Enforcement
06/26/2024
Andrew Free
MuckRock News, DEPT MR165111
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-41781
Dear Requester:
This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated 6/16/2024, and to your request for expedited treatment. Your request was received in this office on 6/16/2024. Specifically, you requested records pertaining to the death of Julio Cesar Chirino Peralta.
Your request for expedited treatment is hereby granted.
Some information has already been made public at chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ice.gov/doclib/foia/reports/ddrJulioCesarChirinoPeralta.pdf and at https://www.ice.gov/news/releases/nicaraguan-national-ice-custody-dies.
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.
ICE has 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 the FOIA office or Daniel Edgington, FOIA Public Liaison at the address above 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 tracking number 2024-ICFO-41781. 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
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