FOIAXpress_SUPPORTING STATEMENT_2024-04-29

SUPPORTING STATEMENT
FOIAXpress / FOIA Public Access Link
______________________________________________________________________________
Part A. Justification
1. Necessity of Information –
Background. Section 16.3 of Title 28 of the Code of Federal Regulations outlines the
requirements for members of the public to make requests under the Freedom of
Information Act, 5 U.S.C. § 552, to the Department of Justice (the Department or DOJ).
“The Department has a decentralized system for responding to FOIA requests, with each
component designated a FOIA office to process records from that component.” 28 C.F.R.
§ 16.3(a)(1). Generally, one should write directly to the Freedom of Information Act
(FOIA) office of the component that maintains the records being sought or to the
FOIA/PA Mail Referral Unit, Justice Management Division, Department of Justice. 28
C.F.R. §16.3(a)(1)-(2). The regulations require that the requestor describe the records
sought in sufficient detail to enable Department personnel to locate them with a
reasonable amount of effort. 28 C.F.R. §16.3(b). The request should include, whenever
possible, specific information that may assist a component in identifying the requested
records, such as the date, title or name, author, recipient, subject matter of the record,
case number, file designation, or reference number. Id. FOIA requests are subject to
applicable fees. 28 C.F.R. §16.10. The component that first receives a request for a
record and maintains that record is the component responsible for responding to the
request, which requires the requestor to provide contact information, including name,
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mailing address, and an e-mail address, if available. 28 C.F.R. §16.4(a). Furthermore, a
substantial number of FOIA requests received by the Executive Office for Immigration
Review (EOIR) are third party requests for individual records of proceedings (ROPs) for
those undergoing immigration proceedings before EOIR, which requires the requestor to
submit proper authorization for EOIR to release the information to a third-party
requestor. The EOIR FOIA Office recommends third party requesters submit a Form
DOJ-361, Certification of Identity, or EOIR-59, Certification and Release of Records, to
substantiate proper authorization, which includes the name, address, alien registration
number (A-number), and signature of the individual who is the subject of the immigration
proceeding.

Information Collection. All DOJ components have the capability to receive requests
electronically through a web-based application. 28 C.F.R. § 16.3(a)(1). FOIAXpress is a
software program that provides the EOIR FOIA Program with a single, unified
application for managing the entire lifecycle of FOIA requests and appeals. The Public
Access Link (PAL) is a secure web-based application that provides an online platform for
the public to immediately file a FOIA request with EOIR. The PAL is integrated directly
with FOIAXpress and offers a centralized location for EOIR to receive online FOIA
requests, deliver responsive records, communicate with requesters, collect fees, and
provide access to released documents in a public reading room in accordance with agency
proactive disclosure guidelines.

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For EOIR to properly respond to FOIA requests, the PAL collects details about the
requestor, the records sought by the requestor, and the records subject. The PAL collects
personal, identifying information about the requestor, including the requestor’s name,
mailing address, and e-mail address, to enable EOIR to communicate with the requestor
as required under the Freedom of Information Act, 5 U.S.C. § 552(a)(6)(a), and its
implementing regulations. The PAL also collects personal data in the form of a DOJ361, EOIR-59, or other form of authorization in order to verify the requestor’s identity
and that the requestor is authorized by the record subject to receive copies of the records
sought.

EOIR has developed several changes to the PAL form to streamline EOIR’s FOIA
request and response process. These include the following substantive changes EOIR
made to the PAL form:
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EOIR modified the PAL form to display only those data fields relevant to the type
of FOIA request submitted by the requestor. Therefore, the requestor is required
upfront to designate the request type on the PAL form. A requestor may choose
one of two request types: (1) a FOIA/PA Request Type or (2) an ROP Request
Type. EOIR also added instructions to explain the differences between each
request type to assist requestors in making the most appropriate selection for their
request and to tailor the information the requestor is asked to provide in support of
the request.

•

For both types of requests—FOIA/PA Request Type or ROP Request Type—the
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requestor must provide the following information: request type, requestor
category, delivery mode, date range of search, description, and proof of identity.
EOIR changed the date range field from voluntary to mandatory to solicit a more
precise request and to reduce the processing time for a request.
•

For both types of requests—FOIA/PA Request Type or ROP Request Type—the
requestor may voluntarily provide the following information: updates to the
requestor’s mailing address; details about the documents sought; proof of consent
from the record subject; whether the requestor is willing to pay all fees and the
amount the requestor is willing to pay; whether a fee waiver is requested and the
reason for seeking the waiver; and whether the requestor would like expedited
processing and why.

•

For the ROP Request Type only, the requestor must provide the following
information: the respondent’s name and A-number associated with the ROP; and
whether the requestor seeks only the ROP, only the audio recording of
immigration proceedings, both the ROP and the audio recording, or a specific
document from the ROP. The PAL form now prompts the requestor to voluntarily
provide the following information to better assist the EOIR FOIA Program
searching for the requested records: the charging document/Notice to Appear
(NTA) date and the respondent’s alias, parents’ names, port of entry, date of
entry, place of proceeding, and date of proceeding.

•

EOIR removed the following fields from the PAL form: action office, action
office instructions, billing address, and state (other). EOIR removed these fields
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because EOIR determined this information is no longer necessary to fulfill a
FOIA request.

EOIR developed the following non-substantive changes to the PAL form:
•

EOIR changed the appearance of the PAL form, including color scheme, font,
headers, banners, logos, table styles, and formatting, to ensure it conforms with
the Department’s modernization efforts for the Justice.gov website.

•

EOIR updated links to webpages embedded throughout the PAL.

•

EOIR revised existing instructions for clarity.

•

EOIR added instructions and notices throughout the form to better guide the
requestor in completing the form with the correct information; EOIR believes
increased guidance to the requestor will reduce common sources of requestor
error in completing the PAL form.

•

EOIR reorganized some data fields under different sections of the form to
enhance the logical flow of completing the PAL from the requestor’s perspective.

2. Needs and Uses – Use of the PAL is optional and voluntary. It offers the public
requestor a secure option for submitting and receiving a FOIA request electronically. All
communications through the PAL are conducted electronically, eliminating the need for
any paper submissions. It also provides the government with a single, unified application
for managing the entire lifecycle of FOIA requests, allowing for more efficient use of
government resources and records keeping in processing FOIA requests.
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3. Use of Technology - The use of this collection provides the most efficient means for
EOIR to collect and process FOIA requests. The PAL is available as a secure web-based
application that provides a platform for the public to immediately file a FOIA request
with EOIR.

4. Efforts to Identify Duplication – There is no other electronic mechanism available for
the public to submit FOIA requests with EOIR. Requestors may choose to submit written
requests by mail or email. A review of EOIR’s collections revealed no duplication of
effort, and there is no other similar information collection currently available that can be
used for this purpose.

5. Impact on Small Businesses - This collection does not have an impact on small
businesses or other small entities. The use of the PAL is optional and voluntary and may
be used at the discretion of the requestor. When used, this collection does not impose an
undue burden on the requesting individuals or the recipients of the records. Rather, it
provides a more efficient streamlined method for submitting direct requests to EOIR’s
FOIA Program. EOIR estimates that it will take approximately three (3) minutes to
complete a request using the PAL.

6. Consequences of Less Frequent Collection - Failure to collect this information would
deprive an individual of an efficient method to request the release of the information and
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records sought under the FOIA or Privacy Act.

7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation – A 60-day notice covering this
collection was published in the Federal Register on February 9, 2024, at 89 FR 9178.
EOIR did not receive any comments in response to the 60-day notice. A 30-day notice
covering this collection was published in the Federal Register on April 29, 2024, at 89 FR
33397. Copies of these notices are attached. If comments are received in response to the
30-day notice, they will be considered and incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties
in cases or immigration proceedings, attorneys, accredited representatives, qualified
organizations, or other third parties.

10. Assurance of Confidentiality – The EOIR Office of the General Counsel, FOIA
Program will maintain the original request. Those EOIR staff members processing the
FOIA request may access the PAL form submitted by each requestor. EOIR protects the
confidentiality of the contents of the requests submitted via the PAL, to the extent
permitted by law, including the Privacy Act and the Freedom of Information Act.

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11. Justification for Sensitive Questions - There are no questions of a sensitive nature.

12. Estimate of Hour Burden
a. Number of Respondents

24,804

b. Number of Responses per Respondent

1 each

c. Total Annual Responses

24,804

d. Hours per Response

3 minutes
(0.05 hours)

e. Total Annual Hourly Reporting Burden

1,240 hours

24,804 respondents x 1 response per respondent x 3 minutes (0.05 hours) per response =
1,240 burden hours.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. The estimated public cost is zero.
For informational purposes only, there may be additional costs to respondents should
they elect to use this optional method of submitting a FOIA request. Respondents may
incur a cost if they hire an attorney to assist them with completing their request. The
Bureau of Labor Statistics reports that the average hourly wage for lawyers is $78.74.
For those respondents who proceed without an attorney, there is an estimated cost of $10
per hour for completing the request (the individuals’ time and supplies) in lieu of the
practitioner cost. There are also no fees associated with submitting a FOIA request via
the PAL.
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14. Estimated Cost to the Federal Government – It is estimated that the annual
government cost for processing FOIA requests received through the PAL will be
$75,937. This amount also includes processing costs of $57,967 and overhead costs of
$17,970. There are no printing costs associated with this information collection as it is
exclusively an electronic collection.

15. Plans for Publication - The information from this collection will be used internally to
locate and release records of individuals who are requesting information and
documentation from EOIR pursuant to the FOIA.

16. Exceptions to the Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Part B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

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PAPERWORK CERTIFICATION

In submitting this request for Office of Management and Budget (OMB) approval, I certify that
the requirements of the Privacy Act and OMB directives have been complied with, including
paperwork regulations, any applicable statistical standards or directives, and any other
information policy directives promulgated under 5 C.F.R. § 1320.

signed by
ALEXANDER Digitally
ALEXANDER HARTMAN
2024.04.29 13:52:43
HARTMAN Date:
-04'00'
_____________________

04-29-2024___________
Date

Alexander Hartman
Senior Associate General Counsel
Executive Office for Immigration Review

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