Which databases or FOIA records can be used to compile a complete list of FTCA claims and settlements involving ICE since 2018?
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Executive summary
A comprehensive list of Federal Tort Claims Act (FTCA) administrative claims and settlements involving U.S. Immigration and Customs Enforcement (ICE) since 2018 can only be assembled by combining ICE’s own FOIA disclosures (including proactive postings and FOIA library entries), ICE administrative FTCA claim records, Department of Justice and Treasury payment records for large settlements, and targeted FOIA litigation productions — supplemented by third‑party FOIA databases that track requests and lawsuits (all sources below show how each piece fits together) [1] [2] [3] [4] [5] [6]. FOIA law, agency exemptions, and processing backlogs mean no single public database currently guarantees a fully “complete” roster without affirmative FOIA requests and, in some cases, litigation [7] [8] [9].
1. ICE’s proactive disclosures and FOIA library — the starting catalog
ICE’s FOIA Proactive Disclosures page and FOIA Library are the natural first stops because the agency posts frequently requested records, FOIA logs, and records likely to be requested three or more times; these pages can contain inspection reports, management directives, and sometimes FOIA releases that reference FTCA settlements or administrative claim logs [1] [2]. ICE’s FOIA office also describes how requesters should identify records (date, subject, case number) to speed searches, which signals that the proactive pages alone will not list every FTCA claim but will surface many recurring settlements and related documents [8] [7].
2. ICE’s FTCA administrative‑claim procedures and internal records
ICE’s own FTCA guidance explains the administrative claim process (forms, documentation, two‑year filing rules) and is the authoritative source for where claim files would be generated and held; compiling a list requires asking ICE for administrative claim registers, settlement memoranda, and supporting documentation under FOIA or the Privacy Act [3]. Practice advisories and litigation briefs from immigration‑law organizations show the substantive types of FTCA claims brought against ICE (unlawful detention, property damage, denial of medical care) and how settlements sometimes include non‑monetary immigration relief, which affects how records are titled and filed in agency systems [10] [11].
3. Department of Justice and Treasury payment records for large FTCA settlements
When FTCA settlements exceed statutory thresholds or involve interagency payment approvals, DOJ and Treasury records become relevant; recent FOIA litigation over government payments demonstrates that DOJ/Treasury records — and their approval paperwork — can reveal settlement amounts and recipients when ICE records are incomplete or redacted [4]. Any rigorous compilation must therefore include FOIA requests to DOJ’s Civil Division (tort branch) and to Treasury regarding settlement disbursements tied to FTCA claims against ICE [4].
4. FOIA tracking tools and litigation productions as gap‑fillers
National FOIA trackers and nonprofit FOIA projects — for example The FOIA Project’s search tools — allow researchers to locate past requests, backlogs, and lawsuits that produced ICE records; these third‑party indexes often point to FOIA productions, Vaughn indices, and court files that name settlements or claim numbers not on ICE’s public pages [5] [6]. When agency releases are withheld or delayed, the established path is to file FOIA requests with ICE and, if needed, file FOIA lawsuits to compel production as many transparency litigations have done [9] [6].
5. Practical limitations, exemptions, and recommended workflow
FOIA and Privacy Act exemptions, high agency processing volume, and agency advice to be very specific in requests all limit the ability to rely on single queries for completeness; ICE explicitly warns of high FOIA volumes and recommends precise identifiers to speed searches [8] [7]. The recommended workflow therefore is: harvest ICE proactive disclosures and FOIA library entries, issue narrowly tailored ICE FOIA requests for administrative FTCA claim registers and settlement memoranda (with dates and case numbers), submit parallel FOIA requests to DOJ/Treasury for payment approvals, monitor FOIA Project and similar trackers for related litigation, and be prepared to litigate for responsive records or Vaughn indices when settlements are withheld or heavily redacted [1] [2] [3] [4] [5] [9] [6].