In the past, immigration advocates and attorneys often used public records requests under state freedom of information laws to discern how local law enforcement agencies cooperate with Immigration and Customs Enforcement (ICE) in the detention of noncitizens. Recently, however, several media outlets have reported that ICE has repeatedly worked to control the release of these records, even when the request is filed under state laws. The obstruction of public release has even prompted several lawsuits against local agencies.
To get more information about this issue, the Council teamed up with the Tennessee Immigrants & Refugee Rights Coalition (TIRRC) and Prof. Meghan Conley to seek records on guidance from ICE to local law enforcement agencies about their ability to release certain records under state freedom of information laws. The request seeks records of:
- Emails and other communication from state or local agencies for ICE guidance on how to respond to requests for information or public records and ICE’s responses to these requests; and
- Policy memoranda, directives, or standard operating procedures, regarding ICE’s position about disclosure of records by state and local jurisdictions under state law.
The information requested will help journalists, researchers, and advocates across the country gain clarity as to ICE’s operations when it comes to blocking access to records under state laws. Local records provide a vital tool for community advocates to better understand how local law enforcement agencies play a role in immigration enforcement.
