U.S.

Depal·tment of Homeland Security

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

u.s. Immigration
and Customs
Enforcement

May 6, 2009

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

Re: FOIA Request Number 08-4136

Dear

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

1. The investigation, arrest and detention of approximately 24 individuals in the City of Baltimore,
Maryland, in or near the 7-Elevenparking 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 ofImmigration 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 ofICE 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.

www.ice.gov
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. Ofthose pages, 39
were released to you in their entirety. Portions of 109 pages were withheld pursuant to FOIA
Exemptions 2(Iow), 5,6 and 7(C). Finally, 63 pages were withheld in full pursuant to FOIA Exemptions
2(Iow), 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(Iow), 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 of 37 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 of292 pages. Portions of those
pages were withheld pursuant to FOIA Exemptions 2(Iow), 2(high), 5, 6, 7(C) and 7(E).

On April 2, 2009, we notified you that we had completed the review of304 pages and sixteen videos. Of
those pages, 204 were released in their entirety. Portions of 100 pages were withheld pursuant to FOIA
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 of244 pages. Of those pages, 126
were released in their entirety. Portions of 118 pages were withheld pursuant to FOrA Exemptions 5, 6
and 7(C).

We have completed review of an additional 103 pages and one video. Of those pages, 55 will be
released in their entirety. Portions of23 pages will be withheld pursuant to FOIA Exemption 6.

Please be advised that the video is referenced in exhibit 5 of the OPR investigation as "Compact disc
CCTV Maryland Police Department video surveillance from the streetlight at the intersection of the 7-
Eleven store on January 23, 2007". The video is being released in its entirety, no exemptions have been
claimed.

I have detennined that 25 pages located in response to your request originated from the DHS Office for
Civil Rights and Civil Liberties. I have referred these documents and a copy of your request to the DHS
Office for Civil Right and Civil Liberties for review and direct response to you.

Please note that I have determined that some information contained within the records being provided
today is not responsive to your request. This non-responsive information includes information regarding
issues that are outside the scope of your request. This information has been redacted and marked as
"non-responsive" .

The ICE FOIA Office is currently processing the balance of the records located in response to your
request. Once those records are processed, we will address them in a subsequent response to you.

Portions of 55 pages have been withheld as described below.

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

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public's right to disclosure against the individual's right privacy. The types of documents and/or
information that we have withheld may consist of social security numbers, home addresses, dates of
birth, or various other documents and/or information 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 ofthe infonnation. Any private interest you may have in that
information does not factor into the aforementioned balancing test.

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.

Catrina M. Pavlik-Keenan
FOIA Officer

www.ice.gov