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'l hc l-egal Aid Socicty

THE Community Justice Unit

lr LEGAL
199 Water Strect 6 Floor

i':llI ruo
Ncw York. NY I0038
11212)577-3385
.rpLxadit4 I 99it I -it t d r tr_r
www.legal-aid.org
!! socrETY
- Blaine (F-in) V Fogg

November 3. 201 7 Se !'mour w James. Jr

..lttorne), in ('hieJ

U.S. Citizenship and Immigration Services 'l ina M. l-uongo

National Records Center, FolA/PA Of,fice ..1tto et-in-Charge

Criminal Practice
P.O. Box 648010
Lee's Summit. MO 64064-8010

Rc: I'reedom of Inlbrmation Request

Dear lrreedom of Information Off icer:

l'his letter constitutes a request under the Freedom ol Information Act, 5 U.S.C.A. $ 552,
and the Privacy Act, 5 U.S.C.A. $ 552a, for all nonexempt information on behalia group ol
community organizations, impacted families and concemed citizens whose communities are
being aff'ected by gang raids, immigration sweeps, surveillance, databases and collection of
secret dossiers on suspected gang members and individuals alleged to be associated with
gang members.

I request Track 2 processing and ask that the documents be disclosed as soon as possible.
Specifically, I am requesting any and all documents, forms, or other written, photographic,
electronic, computer generated, or recorded materials relating to the following information
in possession olthe Department of Homeland Security (DHS).

All documents, regulations and guidelines pertaining to how USCIS, DHS, and
classifies individuals as gang members, including local police reports, social
media, criminal and civil asset forfeiture records, cell phone inlormation and
data collected by the Central Intelligence Agency (CIA) and National Security
Administration (NSA).

2. All documents, regulations and guidelines and other statements of policy directing
USCIS oflicers and agents on how to recognize gang membership or gang
activity. This includes, but is no1 limited to, clothing, jewelry, hairstyle, shoes,
tattoos, logos, symbols, graffiti tags, pattems, colors, symbols, hand gestures,
songs, whistles, etc.

3. All documents, regulations and guidelines pertaining to how any database used by
USCIS, including FALcoN. or list that tracks gang membership or gang
affiliation is created, maintained, verified, shared, purged and archived.
Page 2

4. All documents, records, guidelines, or regulations, describing and/or defining

"gang," "gang member," ''association," and "gang-related criminal activity."

5. All documents, records, guidelines, regulations, or statements, setting forth criteria

for certifying an individual as a gang member, associate or affiliate in any
database.

6. 'l'otal number of individuals whose personal information appears in the FALCON

database, by year, from January 2001 to present.

a. Total number ol the individuals whose personal information appears in the

FALCON database, by year, lrom January 2001 to present, broken down by
race (Black, Hispanic, White, Other).
b. 'l'otal number of the individuals whose personal information appears in the
FALCON database, by year, from January 2001 to present, broken down by
age.

7. Copies olall documents, records, or forms used by the USCIS, its officers, or its
agents to track gang intelligence.

8. Copies ol'Ibrms used lor field interviews and documentation of potential or actual
gang members, affiliates or associates.

9. All documents, records and lists of identifiedgangs and estimates ofnumber in each
gang in New York City lrom 2001 to present in possession ofUSCIS.

10. All regulations, rules, guidelines, standards, etc., lor car or street stops where gang
activity is suspected.

I l. All documents and/or records reflecting the number ofstops where gang activity
was suspected, by month or year lor the last ten years.

12. Any notices, letters, and proofs olservice served on gang members or suspected
gang members and associates regarding NYPD penalties for participation in a
criminal street gang.

13. All documents, records, regulations and guidelines pertaining to information

sharing occurring between the New York Police Department (NYPD) with
Immigration and Customs Enforcement ("lCE") or any other branch of the
Department of Homeland Security C'DHS").

14. All documents, records, regulations and guidelines between the NYPD, ICE, or any
other branch of DIIS.
Page 3

Please furnish rccords to:

Anthony Posada, The Legal Aid Society: Community Justice Unit, 199 Water Street 6
Floor New York, NY 10038

Pursuant to 5 U.S.C. $ 552(a)(6)(AXi), I expect a response within the twenty (20) day
statutory time limit.
I am prepared to pay up to $25.00 for processing fees.

Ilthis Request is denied in whole or in pa(. I ask that youjustity all deletions by reference
to specific exemptions ofthe FOIA. [four request does not provide you with adequate
inlormation in order to locate and disclose the requested information, we request a meeting
in order to cure any defects in the request, pursuant to 6 C.F.R. $ 5.3(b). I expect release of
all segregable portions of otherwise exempt material. Further, recognizing that i1 may take
Ionger to provide certain documents than others, I request that you provide us with
documents as they become available rather than waiting lor the complete set.

Ilyou have any questions in processing this request, I can be contacted at the address
above, via e-mail at aposada@legal-aid.org, or by telephone at (212) 577-3385.

Sincerely.

Anthonv Posada
Supervising Attomey
The Legal Aid Society
Community Justice Unit
(212) s77-338s
lt sallll .i le -aitl. or
on behalfofa coalition consisting of:
Family members olpeople impacted by "gang" policing, Brooklyn Def'ender Services,
Black Alliance for Just Immigration (BAJI), Coalition to End Broken Windows, Critical
Resistance NYC, ICE-Free NYC, Just Leadership USA, Legal Aid Society, Mi Casa No Es
Tu Casa, Policing and Social Justice Project at Brooklyn College, PROP, Reform RICO,
Queens Neighborhoods United, Unlocal, Voices of Community Aotivists & Leaders
(VOCAl,-NY), We Care, Why Accountability, and Youth Represenr.