Freedom of Information Act (FOIA) in the United States

The Freedom of Information Act entry includes the following information:

Some Background on Freedom of Information Act
Who Has to Respond to a FOIA Request?
The FOIA: A History of Congressional-Executive Tension
The Executive Branch Reaction
The Clinton Era
The Bush Administration: The Ashcroft Memorandum (October 12, 2001)
The White House Memoranda on Sensitive Information (March 19, 2002)
Impact of the Ashcroft and the White House Memoranda
The Hand of Congress and Exemption (b)(3)
State of Freedom of Information Act Process
In general: THE REGULATORY SYSTEM FOR ACCOUNTABILITY
How to File a Freedom of Information Act Request
E-FOIA: The 1996 Amendments
Implementation of FOIA and the E-FOIA Amendments
The Impact of Not Enforcing E-FOIA
Executive Order 13392: A Cosmetic Reform

Freedom of Information Act Generally in relation to Immigration Courts

(information based on the DoJ Manual) The Freedom of Information Act (FOIA) provides the public with access to federal agency records, with certain exceptions. See (in this American law platform, in relation to immigration courts and judges) 5 U.S.C. § 552. The Executive Office for Immigration Review, Office of the General Counsel, responds to FOIA requests for Immigration Court records. See (in this American law platform, in relation to immigration courts and judges) EOIR (Executive Office for Immigration Review) Directory.

Presidential Memoranda

Presidential Memoranda in relation with the Freedom of Information Act (January 21, 2009):

“A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.

All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.

The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.

I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.”

Freedom of Information Act (FOIA) and the Immigration Court

This area covers the following:

Denials

Read about the issue in this American legal Encyclopedia.

Generally

Find out more information on this area in this resource.