CBP FOIA APPEALS
A CBP FOIA response is not necessarily the end of the process. Current CBP guidance provides an administrative appeal process for denials and “no records” responses, and a requester who believes the search or response was incomplete can challenge the determination.
The CBP response should identify the request number and explain the agency’s determination, including whether records were located, released, withheld or not found.
Do not assume “no records” necessarily proves that the border incident was never documented. It means the agency reported that its search for that FOIA request did not locate responsive records.
Current CBP guidance states that a requester may file an administrative appeal after a denial of records or a no-records response.
CBP’s current public instructions state that the appeal may be filed through SecureRelease or submitted within 90 days of the date of the final response letter using the appeal procedures identified by CBP.
A useful appeal should identify why the requester believes the search or response was inadequate.
In some situations the original request may have been too broad, too vague or directed to the wrong component. A new, targeted request can sometimes address a different record category while an appeal addresses the adequacy of the completed search.
FOIA.gov explains that requesters may contact the agency’s FOIA professional or FOIA Public Liaison for help resolving problems before or alongside an administrative appeal.
After problems with an agency FOIA response, the Office of Government Information Services at the National Archives can provide FOIA dispute-resolution and mediation services. OGIS does not substitute for complying with applicable administrative appeal deadlines.
An administrative FOIA appeal asks CBP to review its records-search or disclosure decision. It does not appeal the underlying expedited-removal order, withdrawal decision, visa cancellation or inadmissibility finding.
Yes. Current CBP guidance expressly identifies no-records responses as appealable.
CBP’s current public instructions state that an administrative appeal should be filed within 90 days of the final response letter.
No. The FOIA appeal concerns access to records, not the validity of the underlying immigration action.
These government materials provide the principal CBP records and FOIA procedures discussed on this page.
A targeted appeal or supplemental request should identify the specific missing record, inspection event and search information that CBP should review.