U.S. Citizenship and Immigration Services is not required to honor requests for immigration officers’ asylum assessments, per the D.C. Circuit court. Requests submitted through the Freedom of Information Act (FOIA) asking for details as to the confidential assessments of asylum seekers would harm government interests, per the court. The three-judge panel stated USCIS provided sufficient explanation as to how releasing the information impacts government interests.

USCIS’ chief FOIA officer provided a previous explanation. In that declaration, the office stated asylum officers’ assessments may be altered based on the possibility of release. Further, asylum seekers may use the information to create claims that they believe would be credible, whether true or not.

Four asylum seekers requested their assessments, including the officers’ written document. Those documents include their recommendation as to whether or not USCIS should grant asylum or deny the claim. USCIS did provide the factual portions of the assessment but withheld analytical portions. USCIS claimed the advisory communications are exempt from FOIA requests per the statute’s deliberative-process privilege. A district court agreed with that finding in 2022. That finding is upheld in this effort.

If you have questions about asylum or any other U.S. immigration issue, contact us at ILBSG. Our team of experienced attorneys work directly with clients to ensure they get the right advice for their specific situations.

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