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ICE May Be Breaking the Law to Stonewall Reporters

Columbia Journalism Review · Dave Levinthal · last updated

Since late December, J. Dale Shoemaker, a reporter for the Investigative Post, a nonprofit newsroom based in Buffalo, has filed seventeen Freedom of Information Act requests with the US Immigration and Customs Enforcement and US Customs and Border Protection to guide his deep dives into federal law enforcement activity, deportation actions, and ICE detention centers in upstate New York. In return, he says, he has gotten only documents that were redacted beyond comprehension, or nothing at all. “I have not received a satisfactory response to a single one of them,” Shoemaker said.

Ryanne Mena, of the Los Angeles Daily News, sent ICE a FOIA request on January 24 for all grievance forms filed by detainees at facilities in Adelanto, California, between 2016 and early 2025. Nearly eight months later, she said, she’s received nothing: ICE “has failed to provide me with an estimated date of production despite repeated requests.”

Monica Eng, a reporter for Axios, filed a FOIA request with ICE in February, seeking data she hoped would inform stories about where and why agents were apprehending people in Illinois. At first, she said, ICE officials appeared willing to cooperate. But by March, ICE had denied Eng’s request in full, citing “ongoing law enforcement investigations.” Axios filed an administrative appeal with ICE, but hasn’t received a response. “I have filed a lot of FOIAs, and my requests to the Trump Department of Homeland Security have been some of the least successful and least transparent,” Eng said.

ICE and CBP have become centerpieces of President Donald Trump’s quest to deport millions of undocumented immigrants from US soil through aggressive law enforcement tactics and billions of dollars in new federal funding. But CJR spoke to nearly two dozen reporters, editors, and other people at news organizations and open-records watchdog groups across the country who have filed FOIA requests with the agencies, and who say that ICE and CBP officials routinely deny or ignore those requests. The agencies have never been particularly open with the press, but many reporters believe that their experience is part of an enhanced effort by the Trump administration to conceal immigration agency operations, even in possible violation of federal law. Some also described the agencies’ press offices as functionally useless, with media officials providing few, if any, answers to even their most basic of inquiries.

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