FOIA Processing | Homeland Security (2024)

FAQs

What if FOIA is not answered? ›

You may file a lawsuit in Federal Court if the Department of Labor fails to respond to either your initial request or your appeal within the time limits discussed above; or if, after your appeal has been decided, you still believe that the Department of Labor has not handled your FOIA request in accordance with the law ...

Agencies "shall withhold information" under the FOIA "only if the agency reasonably foresees that disclosure would harm an interest protected by an exemption" or "disclosure is prohibited by law."

It will generally take several months for the government to send you your records. You can only request the records faster if you meet one of the following criteria: First, you can request records faster if you need them to prevent a threat to your life or safety.

The Freedom of Information Act (FOIA) establishes a legal right for individuals and organizations to request access to government information. In FY 2019, federal agencies reported that they processed nearly 878,000 FOIA requests for government information, an increase of 32% since FY 2012.

The “Rule of 3” is Codified for Frequently Requested Records: Agencies are now required to “make available for public inspection in an electronic format,” records “that have been requested 3 or more times.”

When the FOIA was initially enacted, there were problems with delays, lack of judicial oversight, and agencies were not complying with the law. The FOIA has been subsequently amended several times to remove obstacles from requesters and to clarify aspects of the statute.

"Unusual circ*mstances" means (1) the need to search and collect documents from offices separate from the office processing the request; (2) the need to search and collect a large volume of records; or (3) the need to consult with another agency (or a separate subdvision of the same agency) having a substantial subject ...

Agencies can no longer withhold “intra-or inter-agency communications” that could otherwise be withheld under FOIA Exemption 5 alone if the internal documents are more than 25 years old.

What are the most common FOIA exemptions? ›

Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.

The following should not be interpreted as a valid FOI request: requests not requesting recorded information (asking for opinions, press statements, making a complaint, etc.) requests from an individual for information about themselves.

CBP has established an easy to use traveler compliance check that is available on the I-94 website. Travelers may check their admission status at https://I94.cbp.dhs.gov and clicking on the 'View Compliance' tab. E-mail notifications will come from travelercompliance@cbp.dhs.gov.

Factors include the number of pages involved in processing the request and the need for consultations with other federal agencies. Requests within each track are processed and responded to on a first-in/first-out basis: Expedited - requests that have been granted expedited processing.

Time Limits

Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are "unusual circ*mstances." This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.

Time Limits

Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are "unusual circ*mstances." This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.

Section 10 specifies that you must comply promptly, and no later than 20 working days following the date of receipt of the request. The Information Commissioner interprets this to mean that 'day 1' is the first working day after the request has been received.

The IRS is required to determine within 20 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of a request whether to comply with the request under the FOIA. The IRS must provide the requester reasons if the request is denied in whole or in part.