FOIA Advisor

Q&A: Odds and ends

Q&A (2015-2023)Allan BlutsteinComment

Q.  Why must tax-paying U.S. citizens wait for a FOIA request, which according to FOIA takes 3-6 months minimum, while non-tax-paying visitors to the U.S. have the option of an online I-94 form request that provides immediate access to records?

A.  The online form to which you refer was launched by the U.S. Customs and Border Patrol in 2014 and permits travelers to retrieve their I-94 arrival/departure record number and five-year travel history.  The I-94 system was automated in order to increase efficiency and streamline the admission process for the traveling public.  It appears as if holders of U.S. passports also are able retrieve their traveling histories.   

Q.  I sent a FOIL request to the New York County DA’s office and they said  that it would take three weeks.  That time has come and gone and I cannot get a definitive time frame for a response.  What can I do?

A.   If you believe the District Attorney's response to your FOIL request has been unreasonably delayed, you might consider submitting an administrative appeal to that office or asking for a written advisory opinion from the New York Department of State's Committee on Open Government.  The Committee has addressed the issue of delays in several advisory opinions.  See, e.g., https://docs.dos.ny.gov/coog/ftext/f18008.html.  If you ultimately wish to litigate the matter, I can only suggest that you confer with an attorney in New York.