SDF_Traveler

I was curious if anyone here requested their CBP dossier's as outlined in the thread Bill Scannell started for the Identity Project?

If so, did you get your dossier, a return letter stating they wouldn't provide it, etc? I'm interesting in hearing what the outcome has been for those who made requests.

For those who did make the Freedom of Information Act (FOIA) request, have you suffered any negative consequences?

I know many here spoke about sending in the FOIA releases to get their records from the CBP (US Customs & Border Protection) and I'm curious to see what the results have been.

Personally, I did not make a request (yet, at least) because of recent intl travel and additional pending intl travel. It has also been a few years since I've had any US CBP hassles (all with CBP employees at DTW ... anyone surprised?).

SDF_Traveler

stupidhead

Assuming your request is ignored, the next step is probably to sue them for it.

bdschobel

My request has been ignored for a couple of years now. Suing them is unlikely, just because of the hassle. But their failure to obey the law is frustrating, to say the least.

Bruce

jackal

I followed it and haven't heard anything back. I had to go back and look at my certified mail return receipt to make sure that it's really been 30 days, but now that it has, I wasn't sure what to do next. It'd be nice if the site Bill linked to had tips on what to do next. How would one go about suing DHS?

I flew over Thanksgiving and was not given any additional hassle by the airlines or TSA. But knowing governmental bureaucracy, I'm sure the necessary notifications simply haven't made their way up here to ANC yet...

amejr999

Call your Congressman and have them yell at CBP.

stupidhead

I don't think you even have to sue....you might be able to somehow get a court order that requires CBP to turn over your records to you, or some kind of injunction or something. I'm not a lawyer so consult an attorney about that.

amejr999

Just called CBP. Shock, they don't have the one I mailed on 9/22. I'm supposed to fax them a copy of the letter.

amejr999

Well, I just got my results finally, after over 2 months. It's decidedly unsatisfying. From what I can see, it's basically a list of my international travel though there might be some other random stuff on it. Anyone know what result "NOMA" or "FREQ" is?

There are a decent number of things blacked out (seriously, they used a black marker). Doesn't seem like there's anything major though.

FliesWay2Much

The FOIA and Privacy Act require an agency to respond to you within 30 days. It doesn't mean they have to give you the data you requested -- all they have to do is respond. If you have a reply from them stating that they received your request and are processing it (or something like that) they have met the letter of the law.

They can take forever & a day to actually respond with something that's substantive.

If you haven't received a response, about the best you can do is to send a copy of your request along with a cover letter to your Congressman and with a copy to the DHS IG. Your revenge is that the FOIA office will now have to respond three times (you, Congress, IG) rather than just once (you). The DHS IG body-slammed the DHS for PA and FOIA violations, so your letter will add another data point that you can only hope will make life miserable for a few CBP people.

amejr999

While I would definitely do this also, I would also suggest calling the CBP FOIA/PA office and complaining. I did that and they told me to fax them a copy of the letter I mailed originally. The letter to me was dated only 3 days after I sent the fax. It's worth trying. (202) 572-0640.

FliesWay2Much

"FREQ" probably means "Frequency" -- could be the number of times you've traveled to Country X or taken a flight or something. Not sure what the other acronym might mean without some context.

It's not at all uncommon for a FOIA/PA clerk to use a marker to redact what they perceive to be classified or SSI. It would be worth your while to try to figure out what the information redacted might be. It could be some sort of risk code assigned to you that they don't want to reveal. Or, it could be a person's name who entered the data. This is Privacy Act-protected information -- amazing how they go to great lengths to protect their own information!

Much of FOIA and PA response is decentralized and what is redacted or not can be very inconsistent unless there is a single individual reviewing all final products. So, it's quite possible that the same information on somebody else's response isn't redacted. Then, it's a no-brainer to find out what's been redacted if the other person happens to be an FTer.

amejr999

Well I'll post what I had blacked out and the exemptions noted; we can compare results if anyone else has anything:

The top-left corner, there's a short line under the timestamp which is blacked out. (b2)
The header says "<one word redacted> primary query history" (b2)
There are 2 lines in the upper-right hand corner which is blacked out. (b2)
On one of my trips the line for INSP is blacked out (assuming this is the name of the inspector since the other lines for INSP say APIS). (b7c/b6)
There's a line near the bottom that's blacked out, then a line that says "End of Data", then another 2 lines which are blacked out. (b2)

B2 apparently refers to "the internal personnel rules and practices of an agency". B7C/B6 is the name of individuals, which is kind of dumb becausee they wear name tags.

FliesWay2Much

I guessed right -- this sounds like Privacy Act-protected stuff.

amejr999

Most of it seems to be the agency proprietary/administrative information thing.

mbstone

I sent away for my CBP file back in '07 and it came today (mailed in February 2009 to an old address). It contained a page of some of my entries into the US (with deletions, see amejr999's post) together with a long printout of an AA PNR from a time when I tried to upgrade LAX-CDG round trip with miles, but they said they could only upgrade me one-way and I would have to fly back in coach, and I told them thanks but no thanks. Some bureaucrat must have thought this unusual.