u.s.

Department of Homeland Security

800 North Capitol Street, NW #585
Washington, DC 20536-5009

u.s. Immigration
and Customs
Enforcement

July 2, 2009

CASA de Maryland
734 University Boulevard E
Silver Spring, MD 20903

Re: FOIA Request Number 08-4136

Dear

This letter is the eighth supplement to our November 21, 2008 response to your Freedom ofInformation
Act (FOIA) request to Immigration and Customs Enforcement (ICE). You have requested copies of the
following documents:

1. The investigation, arrest and detention of approximately 24 individuals in the City of Baltimore,
Maryland, in or near the 7-Eleven parking lot on or near the comer of Broadway and Lombard
Street, on or about January 23,2007;
2. Any communication relating to the January 23, 2007 enforcement action in Baltimore, Maryland,
before, during or after the action occurred, from or to any office or employee of Immigration and
Customs Enforcement ("ICE");
3. Any investigation of the January 23, 2007 operation and/or arrests, and/or the agents involved,
including, but not limited to, any records in the possession or control of various ICE offices;
4. Any and all records mentioning "day laborer", "day laborers", "day-laborer", "day-laborers",
"day labor", "hiring spot", "migrant worker", "immigrant worker", "alien worker", "7-11", "7-
Eleven", "seven-eleven", and "worker center;"

In addition, you are also seeking disclosure of all records created from January 1,2003 to the present
relating to the following:

5. The June 2003 Department of Justice ("DOJ") document entitled. "Guidance Regarding the Use
of Race by Federal Law Enforcement Agencies" ("DOJ Guidance");
6. The June 2004 Department of Homeland Security ("DHS") document entitled. "The Department
of Homeland Security's Commitment to Race Neutrality in Law Enforcement Activities; and
7. Any and all complaints received by the ICE Office of Professional Responsibility ("OPR") for
any activity involving ICE agents that allegedly or actually occurred at least in part in the state of
Maryland; as well as any analysis, interviews, memoranda, recommendations, and any other
document created or received by the OPR relating to any investigation of ICE conduct, alleged or
real, that occurred at least in part within the state of Maryland; as well as any records relating to
the outcome of any such investigation.

Your request was received in this office on September 22, 2008.

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On November 21,2008, we responded to your request and notified you that a search of the ICE Office of
Detention and Removal Operations (DRO), the ICE Office ofInvestigations (01) and the ICE Office of
Professional Responsibility (OPR) had located 211 pages responsive to your request. Of those pages, 39
were released to you in their entirety. Portions of 109 pages were withheld pursuant to FOIA
Exemptions 2(low), 5, 6 and 7(C). Finally, 63 pages were withheld in full pursuant to FOIA Exemptions
2(low), 5, 6 and 7(C).

On February 2, 2009, we provided a supplement to our first response and notified you that a search of the
ICE Office of Professional Responsibility (OPR) and the ICE Office of Detention and Removal
Operations (DRO) had located 365 pages and two videos responsive to item 3 of your request. Of those
pages, portions of29 pages were withheld pursuant to FOIA Exemptions 2(low), 5, 6 and 7(C). We
notified you that we were continuing to process the balance of the records and would address those
records in a subsequent response to you.

On February 25,2009, we notified you that we had completed the review of37 pages. Portions of those
pages were withheld pursuant to FOIA Exemptions 2(low), 2(high), 6, 7(C) and 7(E).

On March 13,2009, we notified you that we had completed the review of 292 pages. Portions of those
pages were withheld pursuant to FOIA Exemptions 2(low), 2(high), 5, 6, 7(C) and 7(E).

On April 2, 2009, we notified you that we had completed the review of 304 pages and sixteen videos. Of
those pages, 204 were released in their entirety. Portions of 100 pages were withheld pursuant to FO IA
Exemptions 5, 6 and 7(C). The videos were released in their entirety.

On April 15,2009, we notified you that we had completed the review of 244 pages. Of those pages, 126
were released in their entirety. Portions of 118 pages were withheld pursuant to FOIA Exemptions 5, 6
and 7(C).

On May 6, 2009, we notified you that we had completed the review of 103 pages and one video. Of
those pages, 55 were released in their entirety. Portions of23 pages were withheld pursuant to FOIA
Exemption 6. 25 pages were referred to the DHS Office for Civil Rights and Civil Liberties. Finally, the
video was released in full.

On June 22, 2009, we notified you that we had completed the review of97 pages. Of those pages,
portions were withheld pursuant to FOIA Exemptions 5, 6 and 7(C).

We have completed review of an additional 385 pages. Portions ofthese pages will be withheld pursuant
to FOIA Exemptions 2(high), 6 and 7(C).

Portions of 385 pages have been withheld as described below.

FOIA Exemption 2(high) protects infonnation applicable to internal administrative and personnel
matters, such as operating rules, guidelines, and manual of procedures of examiners or adjudicators, to
the extent that disclosure would risk circumvention of an agency regulation or statute, impede the
effectiveness of an agency's activities, or reveal sensitive infonnation that may put the security and
safety of an agency activity or employee at risk. Whether there is any public interest in disclosure is
legally irrelevant. Rather, the concern under high 2 is that a FOIA disclosure should not benefit those
attempting to violate the law and avoid detection.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of
which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the
public's right to disclosure against the individual's right privacy. The types of documents and/or

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infonnation that we have withheld may consist of social security numbers, home addresses, dates of
birth, or various other documents and/or infonnation belonging to a third party that are considered
personal. The privacy interests of the individuals in the records you have requested outweigh any
minimal public interest in disclosure of the infonnation. Any private interest you may have in that
infonnation does not factor into the aforementioned balancing test.

FOIA Exemption 7(C) protects records or infonnation compiled for law enforcement purposes that
could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption
takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or
investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends
to persons who are not only the subjects of the investigation, but those who may have their privacy
invaded by having their identities and infonnation about them revealed in connection with an
investigation. Based upon the traditional recognition of strong privacy interest in law enforcement
records, categorical withholding of infonnation that identifies third parties in law enforcement records is
ordinarily appropriate. As such, I have detennined that the privacy interest in the identities of
individuals in the records you have requested clearly outweigh any minimal public interest in disclosure
of the infonnation. Please note that any private interest you may have in that infonnation does not factor
into this detennination.

If you need to contact our office about this matter, please refer to case number 08-FOIA-4136. This
office can be reached at (202) 732-0300 or (866) 633-1182.

Sincerely,

rct-vfOR
Catrina M. Pavlik-Keenan
FOIA Officer

www.ice.gov