American Oversight Calls on DOJ’s Immigration Review Office to Remove Unlawful FOIA Barrier
We’re demanding the Justice Department’s immigration review office end its illegal proof-of-identity requirement, which limits the public’s access to records.
Today, we sent a letter to the Department of Justice’s Executive Office for Immigration Review (EOIR) demanding that it immediately remove an unlawful requirement from its Freedom of Information Act (FOIA) submission portal that forces requesters to provide proof of identity when requests do not pertain to an individual — erecting an unnecessary barrier to access information the public is legally entitled to obtain.
In the letter sent to EOIR leadership, we explained that the requirement violates both FOIA and the Paperwork Reduction Act, and could create a chilling effect on journalists, researchers, nonprofits, and other organizations seeking records about the agency’s operations. The watchdog also noted that EOIR has apparently failed to obtain approval from the Office of Management and Budget for this collection of personal information, as required by law.
“The law is clear: demanding personal details in exchange for government records violates both the letter and spirit of FOIA,” said Chioma Chukwu, Executive Director of American Oversight. “By forcing requesters to hand over sensitive information, EOIR is not only erecting an illegal hurdle that chills public access to records — it is eroding the very transparency FOIA was designed to protect. We will not let this unlawful barrier stand.”
FOIA requires agencies to promptly provide records to any person who submits a valid request, and only in limited circumstances involving Privacy Act-protected records may agencies require proof of identity. Yet EOIR’s online portal marks “proof of identity” as a mandatory field for all requesters, regardless of whether the request concerns individuals’ private records.
We also warned that the requirement risks deterring members of the public from exercising their right to government information, while also exposing requesters’ personally identifiable information to unnecessary security and privacy risks. The organization urged EOIR to remove or correct the unlawful language by September 4.
In addition to sending today’s letter, we are providing resources for organizations that share our concerns about EOIR’s illegal and burdensome proof-of-identity requirement.
To support our collective advocacy, the following materials are available for your use and can be uploaded in EOIR’s portal as the “Proof of Identity” required attachment:
- A customizable template short-form letter; and
- A customizable template long-form letter.