american immigration council

The American Immigration Council has recently reported that, since January 20, 2025, the U.S. Citizenship and Immigration Services (USCIS) has increasingly withheld significant portions of Freedom of Information Act (FOIA) productions in full. FOIA is a critical tool for ensuring transparency in government operations, especially within immigration agencies where access to records can directly affect legal cases, advocacy, and individual rights. When USCIS fails to produce complete records, applicants, attorneys, and researchers face major challenges in understanding how decisions are made and whether they comply with the law.

This not only undermines public confidence in the FOIA process but also makes it extremely difficult for immigrants and their legal representatives to obtain the documentation needed to pursue appeals, defend against removal, or apply for benefits.

In response, the Council is collecting examples of these incomplete productions from stakeholders across the country. By gathering evidence, the Council aims to evaluate the full scope of the problem, identify whether these withholdings are lawful under FOIA exemptions, and determine the best avenues for potential advocacy or litigation. These examples will also help demonstrate the real-world harm caused when government agencies restrict access to critical records.

Advocates warn that if this trend continues, it could represent a serious erosion of transparency and accountability in the immigration system. Access to information is essential not only for attorneys representing immigrants but also for policymakers, journalists, and community organizations monitoring how the government exercises its broad immigration powers.

The Council has encouraged individuals and organizations affected by these FOIA denials to submit their examples promptly. Such collective efforts will provide the basis for a stronger advocacy campaign to hold USCIS accountable and restore proper compliance with FOIA obligations.