Supporting Detained Individual’s Right to Access ICE Detention Records through a State FOIA Request

The American Immigration Council filed an amicus brief in support of a detained individual’s right to access records about U.S. Immigration and Customs Enforcement (ICE) detention through a state Freedom of Information Act (“FOIA”) request. Calhoun County refused to produce records to a United States citizen in response to his state FOIA request for information regarding his wrongful detention. Calhoun County relied on a federal regulation, 8 CFR § 236.6, to withhold records that otherwise would be released under the Michigan state FOIA. Amici ask this Court to reject this position.

State FOIA laws must be given effect, in the interest of government transparency and accountability. These laws constitute an important mechanism particularly where the operations of federal immigration agencies, such as ICE, are implicated. ICE has a well-documented history of abusive and illegal enforcement practices including mistreatment of individuals held in its detention facilities.

The American Immigration Council filed this amicus brief with the Michigan Immigrant Rights Center and the National Immigrant Justice Center.