An Alien File (A-File) is a record that holds a noncitizens’ immigration history, including Form I-213 which contains any U.S. Immigration and Customs Enforcement (“ICE”) allegations that a noncitizen is deportable. Obtaining Form I-213 and other immigration records in an A-File is a critical part of immigrants applying for immigration benefits or defending against potential deportations. Unlike in criminal courts, where defendants have the right to access their criminal files, noncitizens in immigration proceedings must obtain their immigration records and any evidence that the government has against them by filing requests under the Freedom of Information Act (FOIA) with U.S. Citizenship and Immigration Services (USCIS).
Since spring 2025, immigration attorneys have reported that USCIS is withholding in full more and more immigration records requested under FOIA, including the Form I-213 and other records that it previously released at least in part. A whistleblower reports that these withholdings reflect new, unannounced USCIS policy changes that seemingly violate the agency’s obligation to produce portions of immigration records that are not subject to withholding and segregable from portions that are. This policy and practice prevent noncitizens from understanding their own immigration histories and making the best case possible to obtain status or remain in the United States.
Obtaining the Information
On March 27, 2026, the Council sued USCIS, ICE, and DHS in the U.S. District Court for the Southern District of New York on behalf of itself and the Center for Constitutional Rights for improperly withholding portions of two A-Files.
