How do FOIA requests work for obtaining immigration file information on a private individual?
Executive summary
FOIA can be used to obtain another person’s U.S. immigration records, but agencies require precise identifying information and often limit release of A‑files to the subject or their authorized representative; USCIS recommends Form G‑639 or online submission and tracks complex requests such as full A‑files separately [1] [2] [3]. Agencies that hold immigration materials differ (USCIS, CBP, ICE, EOIR) and each has its own portal, form, and identity/authorization requirements; mistakes about the right agency or missing identifiers delay or block disclosure [4] [5] [6].
1. What records live where — pick the right agency first
Immigration “A‑files” and many case records are custodied by USCIS, but CBP and ICE regularly add documents to those files, and EOIR (immigration courts & BIA) maintains court records separately; send your request to the agency that actually holds the records you want to avoid a misdirected FOIA [3] [4] [6]. The American Immigration Council and ILRC materials underline that multiple components may hold fragments of a single person’s immigration history, and practitioners routinely file coordinated FOIAs across DHS components and DOJ/EOIR to assemble a full file [7] [8].
2. How specific you must be — identifying details and forms
Agencies insist a request “reasonably describe” the records and include identifying information: full name, aliases, A‑number (if known), hearing location, dates, and birthplace. USCIS and DHS recommend Form G‑639 or online submission; CBP and ICE each have portals (CBP’s SecureRelease, ICE’s portal) and will ask for similar specifics to locate records [4] [1] [6] [5] [2]. The DOJ EOIR guidance explicitly warns EOIR is separate from DHS and that using the wrong agency’s forms wastes time [4].
3. Third‑party requests: identity verification and privacy limits
Ordinarily A‑files and other highly personal immigration records are released only to the individual who is the subject of the record or their attorney/representative; the subject must verify identity and sign the request—often under penalty of perjury or before a notary [3]. The State Department FOIA guidance also details third‑party authorization requirements and fee authorizations when requesting visa beneficiary records [9]. If you lack consent, agencies will apply privacy protections (for example FOIA Exemption 6) that commonly lead to redaction or withholding [3].
4. Practical tracks, timing, and complexity
USCIS and DHS components triage FOIA requests by complexity: requests for single documents can be fast‑tracked whereas full A‑file or broad requests are treated as complex and placed on slower tracks; ICE and other offices warn of backlog and high volumes that delay responses [1] [5] [10]. Advocacy groups and guides note that obtaining complete files often requires multiple requests, appeals, and sometimes litigation—FOIA is the only federal tool available where immigration discovery is otherwise barred [10] [8] [3].
5. Submission channels and forms — use portals when possible
USCIS encourages using online FOIA services (or Form G‑639 if you must mail) to avoid paper delays; CBP recommends the SecureRelease portal; ICE asks requesters to use its online portal or mail but warns of current volume and potential fees or fee waivers [1] [6] [5] [2]. EOIR provides a separate FOIA Service Center and PAL account tracking for status follow‑up; sending a request to the wrong component or by mail when a portal exists can reset processing time [4] [11].
6. What to expect on release — redactions, missing pieces, and coordination
Even when agencies locate a file, expect heavy redactions of third‑party personal data and the possibility that some documents will be held by other components; the National Archives/OGIS and practice guides highlight that CBP and ICE add to USCIS A‑files and that full assembly may require multiple component FOIAs and appeals [3] [8]. Advocacy groups routinely use FOIA to expose policy documents or agency practices, but their experience shows administrative appeals and litigation are common when files are incomplete [7] [12].
7. Remedies and escalation — appeals, OIP, and OGIS
If you’re dissatisfied, each agency provides an administrative appeal path; EOIR points to appeals to the DOJ Office of Information Policy and recommends PAL tracking and its FOIA Service Center for inquiries [4]. The Office of Government Information Services (OGIS) offers dispute resolution for FOIA complaints across agencies [3]. Legal advocacy groups advise preparing for appeals and possible federal court litigation when records are withheld or redacted in ways you believe exceed statutory exemptions [8] [12].
Limitations and notable gaps: Available sources do not mention step‑by‑step sample language for a third‑party authorization beyond stating it is required, nor do they provide exact processing times for specific request types; consult each agency’s FOIA page and the Form G‑639 instructions for the latest procedural details [1] [2].