Tag Archives: lost

Lost – and Found? – at DHS

As some of you may remember, in mid-December I called the DHS FOIA Customer Service Center to ask about my request because I had yet to receive a tracking number, or even an acknowledgement of my request. At that time I was told that there was no record of my request in the system, and was asked to please re-submit my request via email. Today I decided to check back in on my request with the Department of Homeland Security because I still had not gotten a tracking number, or any acknowledgement.

The good news? The FOIA Customer Service Center found my original request – according to their records, an acknowledgement letter had been sent out on October 16 – only a few days after I emailed my original request. It seems that letter must have been lost in the mail, however, since I have never seen it (and, by the way, I still don’t see any logic behind agencies answer FOIA requests submitted via email and explicitly requesting electronic copies of records in an electronic format with a paper letter sent via US mail). I even managed to get the tracking number assigned to the original request: 2013-HQFO-0091-JH.

The bad news? I still have no clue when I might actually receive a response to me request. I also have no idea why they could not find the record the first time I called the service center, or what happened to the second request. I’m also preparing myself to have to scan in any (hopefully) released documents before I can make them available for anyone else who might be interested in the text.

UPDATE: DHS finally emailed me a copy of the acknowledgement letter to my original request made on October 4 (still no word on the second request I submitted when DHS told me it had no record of my request in December…). I’m very glad to know DHS can email back requesters, but am all the more perplexed as to why they put the letter in the mail in the first place.

Annoyingly, the acknowledgement letter says that DHS will take additional time to process the request because my “request seeks numerous documents that will necessitate a thorough and wide-ranging search.” The request clearly seeks only a single document: we made such a significantly narrow request so that our project would not create an undue burden on FOIA offices.

We found similar language regarding “numerous documents” in the acknowledgement letter sent to us by DOD – when we called the FOIA processor to make sure there was not a misunderstanding about what we are seeking, he told us it was standard language they include in all letters. Using such language is disingenuous, at best, and – as our commenter Kel McClanahan has pointed out – not allowed under the FOIA.

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