Records Related to Executive Order Restricting Travel from Muslim-Majority Countries Signed by Former President Donald Trump (Department of Homeland Security)
| Tracking # |
2023-HQFO-01118 |
| Multi Request | Records Related to Executive Order Restricting Travel from Muslim-Majority Countries Signed by Former President Donald Trump |
| Submitted | March 3, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
I am writing to request access to any and all records related to the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries in 2017. Specifically, I am requesting the following documents:
All versions of the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries, including but not limited to Executive Order 13769 and any subsequent versions or orders
Any correspondence, memoranda, or other documents related to the development, implementation, or enforcement of the executive order, including communications between the White House and other agencies such as the Department of Justice, Department of State, and Department of Homeland Security
Any internal reports or assessments conducted by the government on the impact of the executive order on individuals, families, and communities affected by the travel ban
Any records related to the waiver process for individuals seeking an exemption from the travel ban
Any other documents, including emails, letters, and reports, that pertain to the executive order restricting travel from Muslim-majority countries
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,
Jordan
From: Department of Homeland Security
04/21/2023SENT VIA E-MAIL TO: 141767-37300217@requests.muckrock.comJordan JordanN/AMuckRock News, DEPT MR141767263 Huntington AveBoston, Massachusetts 02115Re: 2023-HQFO-01118Dear Mr. Jordan:This acknowledges receipt of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated 3/5/2023, and seeking any and all records related to the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries in 2017. Specifically, I am requesting the following documents:All versions of the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries, including but not limited to Executive Order 13769 and any subsequent versions or ordersAny correspondence, memoranda, or other documents related to the development, implementation, or enforcement of the executive order, including communications between the White House and other agencies such as the Department of Justice, Department of State, and Department of Homeland SecurityAny internal reports or assessments conducted by the government on the impact of the executive order on individuals, families, and communities affected by the travel banAny records related to the waiver process for individuals seeking an exemption from the travel banAny other documents, including emails, letters, and reports, that pertain to the executive order restricting travel from Muslim-majority countriesThe requested documents will be made available to the general public, and this request is not being made for commercial purposes.. Your request was received in this office on 3/5/2023. After careful review of your FOIA request, we determined that your request is too broad in scope or did not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, 6 C.F.R. Part 5 §5.3(b) of the DHS FOIA regulations require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the DHS component or office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records. Please resubmit your request containing a reasonable description of the records you are seeking. This is not a denial of your request. Upon receipt of a perfected request, you will be advised as to the status of your request. If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed. Your request has been assigned reference number 2023-HQFO-01118. Please refer to this identifier in any future correspondence. The status of your FOIA request is now available online and can be accessed at: https://foiarequest.dhs.gov/app/CheckStatus.aspx, by using this FOIA request number. If you have any questions, or would like to discuss this matter, please feel free to contact this office at 1-866-431-0486 or at 202-343-1743.
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v.E.1
From: Jordan Lassiter
Dear FOIA Officer:
I am writing to appeal the determination regarding my FOIA request, dated March 5, 2023, to the Department of Homeland Security (DHS). I submitted a request for documents related to the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries in 2017, including Executive Order 13769 and any subsequent versions or orders. My request was acknowledged by your office in a letter dated April 21, 2023, which asserted that my request was too broad in scope or did not specifically identify the records sought.
As advised in the April 21, 2023, letter, I am providing more specific details to enable government employees familiar with the subject area to locate the requested records without placing an unreasonable burden upon the agency.
All signed versions of the executive order restricting travel from Muslim-majority countries, including Executive Order 13769, Executive Order 13780, and any subsequent or related orders.
Correspondence, memoranda, or other documents related to the development, implementation, or enforcement of the executive order, including communications between the White House and other agencies such as the Department of Justice (DOJ), Department of State (DOS), and DHS. Limit the search to the dates between January 20, 2017, and December 31, 2018.
Internal reports or assessments conducted by the government on the impact of the executive order on individuals, families, and communities affected by the travel ban. Limit the search to the dates between January 20, 2017, and December 31, 2018.
Records related to the waiver process for individuals seeking an exemption from the travel ban, including policy guidance, criteria, and statistics on the number of waivers granted and denied. Limit the search to the dates between January 20, 2017, and December 31, 2018.
In the interest of narrowing the scope of my request, I am no longer seeking any other documents, including emails, letters, and reports that pertain to the executive order.
Regarding the burden of proof, it is the agency's responsibility to conduct an adequate search for records as specified under FOIA. In the case Weisberg v. U.S. Department of Justice, 745 F.2d 1476, 1485 (D.C. Cir. 1984), the court established that the FOIA requires the agency to show, using "reasonably detailed affidavits" and "a reasonable description of the records" that they have conducted a thorough search for the requested records.
Based on the revised scope of my request, I trust that DHS will be able to conduct a more targeted search for the requested records. Please consider this appeal and provide the requested information as promptly as possible. If you have any questions or need clarification please feel free to reach out.
Sincerely,
Jordan Lassiter
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on March 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-HQFO-01118.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Homeland Security
Good afternoon,
Thank you for your interest in this request. While we make every effort to respond to requests in a timely fashion, the FOIA process frequently involves delays due to the volume of the workload and the complexity involved in processing often-sensitive records for public release.
Your request is #259 in the processing queue, and our general expectation is that we will be able to send you a response in the next four to six months. While this may not be the response you hoped for, I hope an updated timeframe is useful to you.
Regards,
DHS FOIA, Privacy Office
Department of Homeland Security
2707 Martin Luther King Jr. AVE SE
Mail Stop 0655
Washington, DC 20528-0655
E-mail: foia@hq.dhs.gov
Visit our FOIA website https://www.dhs.gov/foia
From: Department of Homeland Security
02/22/2024
Jordan Jordan
MuckRock News, DEPT MR141767
Boston, Massachusetts 02115
Re: 2023-HQFO-01118
Dear Requester:
This letter is the final response to your 3/5/2023 Freedom of Information Act (FOIA) request addressed to the Department of Homeland Security (DHS). You requested copies of any and all records related to the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries in 2017. Specifically, you am requesting the following documents:
All versions of the executive order signed by former President Donald Trump that restricted travel from several Muslim-majority countries, including but not limited to Executive Order 13769 and any subsequent versions or orders
Any correspondence, memoranda, or other documents related to the development, implementation, or enforcement of the executive order, including communications between the White House and other agencies such as the Department of Justice, Department of State, and Department of Homeland Security
Any internal reports or assessments conducted by the government on the impact of the executive order on individuals, families, and communities affected by the travel ban
Any records related to the waiver process for individuals seeking an exemption from the travel ban
Any other documents, including emails, letters, and reports, that pertain to the executive order restricting travel from Muslim-majority countries
This office received your request on 3/5/2023.
Information responsive to your request can be accessed online at
Executive Orders 13769 and 13780 | Homeland Security (dhs.gov) (https://www.dhs.gov/publication/executive-orders-13769-and-13780)
Pursuant to 5 U.S.C. § 552 (a)(1) and (a)(2), DHS need not make available under FOIA records that are publicly available.
If you deem this to be an adverse determination, you may exercise your appeal rights. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S. Department of Homeland Security, 2707 Martin Luther King Jr. Avenue, SE, Mail Stop 0655, Washington, D.C. 20528-0655, following the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.5(e)(2). Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS FOIA regulations are available at www.dhs.gov/foia.
Provisions of FOIA allow DHS to charge for processing fees, up to $25, unless you seek a waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge.
If you need any further assistance or would like to discuss any aspect of your request, please contact the analyst below who processed your request and refer to 2023-HQFO-01118. You may send an e-mail to foia@hq.dhs.gov, call 202-343-1743 or toll free 1-866-431-0486, or you may contact our FOIA Public Liaison in the same manner. Additionally, you have a right to 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; or facsimile at 202-741-5769.
Regards,
DHS FOIA, Privacy Office
Department of Homeland Security
2707 Martin Luther King Jr. AVE SE
Mail Stop 0655
Washington, DC 20528-0655
E-mail: foia@hq.dhs.gov
Visit our FOIA website https://www.dhs.gov/foia