Image Credit: TIRRC, ICE & Canva.
Article by Olivia Lupia, Tennessee Conservative News –
Immigrant advocacy non-profit Tennessee Immigrant and Refugee Rights Coalition (TIRRC) is suing U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS) over guidance ICE may have provided to local law enforcement agencies about the release of information requested under the state’s open-records laws.
Filed under the Freedom of Information Act (FOIA) in federal court in Nashville, the complaint alleges ICE “has established a system to advise” state and local law enforcement agencies that have entered into 287(g) agreements with ICE about whether they can release certain records, ordering “they may not unilaterally release certain records requested under state laws.”
The suit alleges those instructions, which in essence ask the parter agencies not to release 287(g) records under the state’s sunshine laws without first checking with ICE, “circumvents state freedom of information laws and frustrates public oversight into ICE’s operations.”
TIRRC, the American Immigration Council (AIC), and University of Tennessee Knoxville sociology professor Meghan Conley are filing the complaint following a FOIA request submitted in August that has gone unfulfilled.
“The request was for those specific guidance and guidelines that ICE was providing local law enforcement agencies and specifically about whether those law enforcement agencies can release certain information to the public,” said AIC Deputy Legal Director of Transparency Rual Pinto.
“So, for example, there are states that collect certain kind of information according to state law, and therefore ICE has no custody over those records,” Pinto added. “We want to make sure that this information is actually available through state law. And explicitly, what is the reasoning that ICE has been giving reporters and the public at large for denying those records under state law when they’re requested under state law?”
As evidence of their claims, the plaintiffs are citing a reported April 21 email from ICE’s 287(g) team reminded the law enforcement agencies that any information obtained or developed under the 287(g) agreements remains under ICE’s control, advising them to consult the federal agency about any public requests for information or records.
Another email from April 24 from ICE’s Enforcement and Removal Operations reportedly told agencies to contact the team before releasing “jointly owned” records, including contracts, invoices, emails, and internal documents.
The suit further alleges ICE later told agencies how to redact certain records and to notify them when a state’s law prohibited the suggested redactions. And a TIRRC request for information from the Putnam County Sheriff’s Office, which is in a 287(g) agreement, was reportedly denied.
“They had filed a request with the Putnam County Sheriff’s Office for some data about their enforcement actions and who was held at the local county jail,” Pinto said. “This is just another way in which ICE is trying to block the public’s access to information that will let communities know what they’re doing in their backyards.”
Plaintiffs are asking the court to order ICE and DHS to process the information requests, find and release any non-exempt records, review any withholdings, waive fees, and award attorneys’ fees.
ICE has not yet filed a formal response, but a DHS spokesperson provided a statement confirming the agency is “aware of the complaint” and saying, “This is the most transparent administration in American history.”
The case has been assigned to Judge Waverly D. Crenshaw Jr., an Obama appointee who has often ruled in favor of left-leaning groups and cases including cancelling the smuggling trial for illegal alien Kilmar Abrego Garcia and blocking the state’s Memphis schools takeover.
It is not clear at this juncture whether Crenshaw will issue a summary judgement or schedule a hearing for the suit.
Sources:
WKRN.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
One Response
All “of God” is open and above board.