“The Fugitive:” ICE, Fugitives, and FOIA (Part I)

By Bernard Bell, Yale J. on Reg., Jan. 18, 2020

This two-part series discusses Smith v. U.S. Immigration & Customs Enforcement, involving ICE’s policy for responding to FOIA requests made by fugitive aliens.  This post discusses the policy’s inconsistency with FOIA Exemption 7(A), which allows agencies to withhold law enforcement records that “could reasonably be expected to interfere with enforcement proceedings.”  The second post discusses whether the “fugitive disentitlement doctrine” could justify a policy of refusing to respond to all FOIA requests from fugitive aliens.

Read more here.