INA 212

CBP FOIA Lawyer

Need CBP Airport, Border, Travel, Detention, or Expedited-Removal Records? Draft a Focused FOIA Request That Identifies the Event and the Records CBP Can Actually Locate

A U.S. Customs and Border Protection Freedom of Information Act request can help obtain records of an airport or border inspection, secondary inspection, Form I-275 withdrawal, Form I-860 expedited removal, detention, device search, international travel, passenger reservation data, Border Patrol apprehension, or another CBP encounter.

FOIA is a records-access process. It does not require CBP to answer legal questions, explain why an officer acted, create a new report, reverse a refusal, vacate a removal order, approve a visa, correct SEVIS, or remove a screening alert. The request should reasonably describe existing records and identify the CBP component, event, date range, port, traveler, and document types.

What FOIA Does

FOIA Provides Access to Existing Federal Agency Records

Records—Not Answers

A request should seek identifiable records, forms, notes, reports, system entries, correspondence, photographs, recordings, or data—not ask CBP to explain its legal reasoning.

Reasonable Description

DHS regulations require enough detail to permit an organized, nonrandom search using the component’s existing filing arrangements and retrieval systems.

Existing Agency Records

FOIA does not generally require CBP to create a new narrative, answer interrogatories, conduct legal research, or reconstruct information that was never recorded.

Search and Review

CBP searches locations reasonably likely to contain responsive records, reviews them for disclosure, and may release records in full, in part, or not at all.

Partial Disclosure

When only part of a record is exempt, the agency generally must consider segregation and release of reasonably separable nonexempt material.

Separate Correction Process

Obtaining a record is often the first step toward a later correction, waiver, redress, consular, petition, court, or litigation strategy.

A focused request usually performs better than “send everything.” Identify the event, date, port, record type, form, traveler identifiers, and a practical date range.

Current Submission Rule

Effective January 22, 2026, CBP states that it no longer accepts hard-copy or emailed FOIA requests. New requests must be submitted digitally through the CBP SecureRelease Portal or the official FOIA.gov agency portal.

Preserve the submission confirmation, tracking number, exact request text, attachments, portal messages, clarification responses, and final production.

Common CBP Records

What May Be Requested From CBP?

Airport or Port-of-Entry Inspection

Records regarding primary or secondary inspection, questioning, apparent inadmissibility, document review, supervisory action, admission, refusal, or referral.

Form I-275 Withdrawal

Withdrawal of Application/Consular Notification, continuations, officer narratives, visa action, return arrangements, and supporting records.

Expedited Removal

Form I-860, Form I-867A/B, Form I-213, charge, statements, signatures, fingerprints, removal processing, and related port or Border Patrol records.

Secondary Inspection

Referral, examination, interview, verification, document review, property handling, final disposition, and related system records.

Airport or Border Detention

Custody, processing, transfer, medical or accommodation records where maintained by CBP, return transportation, and detention chronology.

Electronic-Device Search

CBP states that it maintains records in the Electronic Media Report module of TECS concerning device examination, detention, retention, or seizure after referral to secondary inspection.

International Travel History

Available arrival and departure records, border crossings, and related travel data maintained by CBP, subject to system limits and exemptions.

Passenger Name Record

Travel-industry reservation information transmitted to CBP, potentially including routing, ticketing, contact, payment, baggage, and reservation data.

I-94 Records

Arrival/departure and admission information where the public I-94 system is incomplete, incorrect, unavailable, or does not display the older record sought.

Border Patrol Apprehension

Apprehension, processing, voluntary return, removal, fingerprints, property, transport, and related records maintained by CBP or referred to another agency.

Customs and Agriculture Enforcement

Declaration, examination, seizure, penalty, currency, merchandise, food, agriculture, inspection, and enforcement records within CBP’s control.

Trusted Traveler Records

Some application records may be requested, but CBP directs challenges to trusted-traveler denials through the applicable program or enrollment-center process rather than using FOIA as the appeal.

Agency Jurisdiction

Send Each Record Category to the Agency That Controls It

Record soughtLikely agency or processImportant distinction
CBP port inspection, I-275, I-860, Border Patrol, travel, PNRCBP FOIADescribe the port, encounter, date range, form, and traveler identifiers.
Petitions, I-485, I-765, I-130, I-140, waivers, A-fileUSCIS FOIAUSCIS may have copies of CBP documents in the A-file, but it does not necessarily control the original CBP system record.
ICE detention, transfer, supervision, removal executionICE FOIACBP may control the initial port encounter while ICE controls later custody and removal records.
Visa applications, consular refusals, revocationsDepartment of StateVisa records are subject to INA §222(f) confidentiality and may not be obtainable in the same manner as ordinary agency records.
Airline boarding watchlist or TSA screeningTSA FOIA and/or DHS TRIPFOIA seeks records; DHS TRIP seeks redress for screening problems.
Immigration-court filings and ordersEOIRUse the court file process and EOIR FOIA as appropriate.
FBI identity history or federal criminal recordFBIUse the Identity History Summary or FBI FOIA process based on the record sought.
State or local arrest and court recordsPolice, prosecutor, clerk, or state agencyFederal FOIA does not obtain nonfederal records from state or local entities.
Incorrect screening, repeated secondary, ESTA problemDHS TRIPTRIP is not a substitute for FOIA and may not disclose protected screening information.
I-94 correctionPort or deferred inspectionFOIA provides the record; deferred inspection or the issuing port may correct qualifying CBP errors.
Identity Verification

A Request for Personal Records Must Establish Whose Records Are Sought

Required Identity Information

DHS regulations require the individual’s full name, current address, date and place of birth, and country of citizenship or residency.

Signed Certification

The request must include a signature that is notarized or submitted under penalty of perjury under 28 U.S.C. §1746 as a substitute for notarization.

Additional Identifiers

Passport numbers, A-number, visa number, SEVIS ID, Global Entry number, known system numbers, prior names, and aliases can improve identification and search accuracy.

Third-Party Authorization

A requester seeking another person’s records may obtain greater access by providing that person’s notarized authorization or declaration under penalty of perjury authorizing disclosure.

Attorney Request

Counsel should include a valid Form G-28 where appropriate, client authorization, identity certification, and clear instructions authorizing release to counsel.

Minor or Incapacitated Person

The parent or guardian must verify the subject’s identity, the requester’s identity, and the legal relationship or authority.

Deceased Person

Proof of death may permit greater access to some records, but privacy interests of surviving individuals and other exemptions may remain.

Protect Sensitive Identifiers

Submit personal data through the secure government portal rather than unsecured email or a public filing.

Use Consistent Biographical Data

Explain transliteration, name order, aliases, multiple citizenships, passport replacements, and dates of birth used in earlier records.

How to Describe the Records

Give CBP Enough Detail for an Organized Search

Identify the Event

State whether the request concerns an airport inspection, withdrawal, expedited removal, device search, detention, Border Patrol encounter, travel history, PNR, or I-94.

Use a Date Range

Request the precise date or a short surrounding period. Use a broader range only when the event date is genuinely unknown.

Identify the Port

Include airport, terminal, land crossing, seaport, Border Patrol sector, checkpoint, preclearance location, or flight itinerary.

Name the Forms

List Form I-275, I-860, I-867A/B, I-213, I-546, I-94, property receipts, device-search records, photographs, fingerprints, and continuations where relevant.

Identify Record Systems Where Known

Request responsive records maintained in relevant CBP systems, including TECS or the Electronic Media Report module, without limiting the search only to one system.

Include Flight and Carrier

Passenger name, flight number, carrier, origin, destination, connection, ticket number, and reservation code can help locate inspection and PNR records.

Use Multiple Identifiers

Provide the passport used at the event, prior passport numbers, A-number, citizenship, date of birth, visa, and known aliases.

Request Electronic Format

Ask for searchable electronic copies when readily reproducible and specify that color pages, photographs, audio, video, or native files should remain in useful form.

Request Segregable Portions

State that the requester seeks all reasonably segregable nonexempt portions and an explanation of the exemption applied to each withholding.

Example Scope Structure

“All records concerning the inspection and disposition of [full name, date of birth, passport number] at [port] on [date], including but not limited to Forms I-275, I-860, I-867A/B, I-213, officer narratives, secondary-inspection records, supervisory review, visa action, photographs, fingerprints, device examination or detention records, property receipts, and return-transportation records.”

Modify the wording to fit the actual event. Do not request forms that could not reasonably relate to the case merely to make the request appear broader.

Request Design

Broad Enough to Capture the File, Narrow Enough to Process

Avoid “All Records About Me”

A request without subject, date, event, or record category may be difficult to search, delayed for clarification, or administratively closed.

Do Not Limit to One Form

Requesting only Form I-860 may omit the sworn statement, I-213, device record, visa action, fingerprints, and supervisory notes needed to understand the order.

Separate Unrelated Events

Different ports, years, Border Patrol encounters, PNR, trusted-traveler issues, and travel histories may be easier to track through separate focused requests.

Do Not Duplicate Requests

Repeated identical filings can create confusion, duplicate processing, fee issues, or aggregation without improving the search.

Respond to Clarification Promptly

DHS may request more information when the description is insufficient. Failure to respond within the stated period can result in administrative closure.

Preserve the Submitted Text

The request description controls what the agency searches. Save a PDF or screenshot of every portal field and attachment.

State Alternative Names

Include maiden names, name-order variations, transliterations, misspellings used by officers, and prior passports.

Avoid Unsupported Legal Conclusions

Describe the event factually rather than assuming the officer made a fraud finding, issued removal, or used a specific system when the records are unknown.

Ask for Referral Notice

Request notice when responsive records or responsibility are referred to another DHS component or federal agency.

Processing Time

The Statutory Determination Period Is Not a Guaranteed Production Date

Twenty Working Days

DHS regulations ordinarily provide twenty working days from receipt by the proper component to determine whether to grant or deny the request, absent unusual or exceptional circumstances.

Determination Versus Production

The agency may acknowledge, search, identify responsive records, consult, review exemptions, and produce records after the initial determination period.

Tracking Number

A request expected to take more than ten working days should receive an individualized tracking number for status inquiries.

Unusual Circumstances

Records at field locations, voluminous material, or consultation with another component or agency may support additional processing time.

Processing Tracks

Agencies may use simple, complex, expedited, or other tracks based on the amount of search, consultation, and review required.

Narrowing May Help

A requester may be invited to reduce the date range, record categories, custodians, systems, or events to improve processing.

Portal Status Is Limited

“In process” does not identify whether the request is awaiting search, consultation, review, referral, redaction, quality control, or release.

Backlog Does Not Change the Case Deadline

A pending visa, removal, motion, waiver, or court deadline should not be extended based on an assumption that FOIA records will arrive in time.

Use Available Evidence in Parallel

Collect passports, forms, declarations, court records, employer or school records, travel evidence, and prior applications while the request is pending.

Expedited Processing

Urgent Immigration Plans Alone Do Not Automatically Qualify

Imminent Threat

DHS regulations permit expedited processing when lack of speed could reasonably be expected to pose an imminent threat to an individual’s life or physical safety.

Urgency to Inform the Public

A person primarily engaged in disseminating information may qualify when there is urgency to inform the public about actual or alleged federal activity.

Loss of Substantial Due Process Rights

DHS regulations recognize a separate ground involving the loss of substantial due-process rights.

Exceptional Media Interest

A matter of widespread and exceptional media interest involving possible government-integrity issues may qualify under the regulatory standard.

Certified Supporting Statement

The request should explain the specific standard in detail and certify the factual basis as true and correct.

Ten-Day Decision

The component ordinarily must notify the requester within ten calendar days whether expedited processing is granted or denied.

Priority Is Not Immediate Production

When granted, the request is placed in the expedited track and processed as soon as practicable; exemptions and necessary review still apply.

Visa Interview Usually Insufficient Alone

A scheduled interview, planned trip, ordinary filing deadline, or desire to prepare a waiver does not automatically satisfy the regulatory standard.

Appeal a Denial Promptly

A denial of expedited processing is an adverse determination that may be administratively appealed under the response instructions.

Fees

Most Personal Immigration Requests Produce Little or No Fee, but the Rules Still Apply

Automatic Commitment

Under DHS regulations, submitting a FOIA request ordinarily represents agreement to pay applicable fees up to $25 unless the requester sets another limit or seeks a waiver.

Requester Categories

Commercial users, educational or scientific institutions, news media, and other requesters may be charged differently for search, review, and duplication.

Personal Records

Many first-party immigration requests are processed without substantial fees, especially when records are delivered electronically, but no universal free-production rule applies.

Fee Estimate

State the maximum amount authorized and request advance notice before costs exceed that amount.

Fee Waiver

A waiver requires the statutory public-interest showing and lack of primarily commercial interest; personal need or inability to pay alone is generally insufficient.

Prior Unpaid Fees

An agency may require payment of properly charged overdue fees before processing a new request or appeal.

Exemptions and Redactions

Some of the Most Important Border Information May Be Withheld

National Security

Properly classified national-defense or foreign-policy information may be withheld under Exemption 1.

Protected by Another Statute

Exemption 3 covers information that another qualifying federal statute requires or authorizes the government to withhold.

Privileged Agency Material

Exemption 5 may protect deliberative, attorney-client, attorney-work-product, and other privileged interagency or intra-agency material.

Personal Privacy

Exemptions 6 and 7(C) may protect information about officers, witnesses, companions, third parties, victims, suspects, and other individuals.

Law-Enforcement Interference

Exemption 7(A) may protect records whose disclosure could reasonably be expected to interfere with an enforcement proceeding.

Sources and Techniques

Exemptions 7(D) and 7(E) may protect confidential sources, procedures, criteria, screening methods, and law-enforcement techniques.

Safety

Exemption 7(F) may protect information whose disclosure could endanger the life or physical safety of an individual.

Glomar-Type Response

In some circumstances, confirming or denying the existence of records could itself reveal protected information.

Segregability

The response should release reasonably segregable nonexempt portions and mark redactions with the applicable exemption when technically feasible and legally permitted.

A heavily redacted file can still be useful. Dates, form numbers, charge codes, page sequence, exemptions, routing, signatures, and unredacted factual fragments may identify what additional source records or appeals are needed.

No Records and Incomplete Responses

A “No Records” Result Does Not Always Mean the Event Was Never Recorded

Wrong Agency

The records may be controlled by USCIS, ICE, State, TSA, EOIR, FBI, a local court, an airline, or another entity.

Wrong Component or Event Description

The request may identify the wrong port, date, passport, form, agency, or immigration disposition.

Name or Identifier Mismatch

Records may appear under another spelling, alias, maiden name, passport, citizenship, birth date, A-number, or officer-entered error.

Search Too Narrow

A request limited to Form I-860 may miss Form I-275, I-213, a device record, PNR, travel entry, or narrative in another location.

Record Retention

A record may have been destroyed under an applicable retention schedule, transferred, archived, or stored in a system not searched by the request.

Protected Existence

In limited cases, an agency may be unable to confirm or deny the existence of protected law-enforcement or security records.

Referral Still Pending

Another component or agency may be reviewing referred records after CBP closes or partially responds to its portion.

Appeal Search Adequacy

DHS regulations permit an appeal when the requester questions the adequacy of the search, believes the request was misinterpreted, or received an incomplete response.

File a Better New Request When Appropriate

Sometimes a new, corrected, component-specific request is faster and clearer than appealing a request that was materially misdescribed.

Administrative Appeal

Appeal With Specific Search, Scope, and Exemption Arguments

What Can Be Appealed

Appealable issues include withheld records, partial denials, no-records findings, inadequate search, misinterpretation, incomplete response, fees, and denial of expedited processing.

Current CBP Method

CBP currently permits electronic appeals through SecureRelease and tracking of the appeal through the same system.

Deadline

Follow the deadline in the final response immediately. Current CBP public guidance states that an appeal may be sent within 90 days, while 6 C.F.R. §5.8 describes a 90-working-day period; filing within the earlier period avoids unnecessary dispute.

Identify the Determination

Include the request number, response date, disputed search or withholding, and the exact relief requested.

Challenge the Search

Identify omitted identifiers, dates, ports, systems, forms, custodians, referrals, or record categories showing why additional locations are reasonably likely to contain records.

Challenge Exemptions Precisely

Address segregability, foreseeable harm, public-domain information, official acknowledgment, overbroad redaction, and whether the cited exemption fits the withheld material.

FOIA Public Liaison

The response should provide assistance information for the component’s FOIA Public Liaison.

OGIS Mediation

The Office of Government Information Services offers dispute-resolution services as a nonexclusive alternative to litigation.

Judicial Review

After administrative exhaustion, federal district court may review alleged improper withholding. Litigation strategy depends on jurisdiction, timing, agency conduct, and the requested records.

FOIA Versus Other Remedies

Use the Correct Process for the Result You Need

FOIA

Obtains existing records subject to exemptions. It does not itself change the underlying immigration or screening decision.

DHS TRIP

Seeks redress for denied or delayed entry, repeated secondary inspection, ESTA problems, watchlist concerns, identity confusion, and certain boarding difficulties.

CBP Information Correction

Presents source evidence asking CBP to correct qualifying identity, travel, admission, or agency-record information.

Deferred Inspection

Completes a scheduled admission review or corrects certain CBP-created I-94 errors; it is not a general appeal from expedited removal.

Visa Application

Allows a consular officer to adjudicate present visa eligibility and consider the CBP record, legal explanation, and waiver route.

Form I-212 or Waiver

Requests legal permission to overcome specified prior-removal or inadmissibility grounds; it does not function as a records request.

Motion or Court Proceeding

Challenges a removal, petition, status, criminal, or other decision through the forum with jurisdiction over that decision.

Privacy Act Amendment

A qualifying individual may request amendment or correction of certain records under the Privacy Act, subject to system exemptions and DHS procedures.

Source-Agency Correction

A false criminal, passport, employment, school, or civil record often must be corrected by the agency or institution that created it.

Using the Production

Turn the Released Records Into a Reliable Case Timeline

Preserve the Original Files

Save the production exactly as received, including cover letter, file names, metadata, redaction codes, referral letters, and portal download date.

Create a Page Index

Identify each form, date, officer, port, system, disposition, charge, statement, visa action, and referenced attachment.

Build a Chronology

Compare flight, primary inspection, secondary referral, interviews, device search, supervisory review, form execution, visa action, and departure.

Compare With the Traveler’s Account

Identify agreements, omissions, paraphrases, translation issues, factual conflicts, and statements the traveler disputes.

Compare Source Records

Use passports, applications, court records, school files, payroll, messages, tickets, medical records, and witness evidence to test the CBP narrative.

Identify Every Legal Ground

Separate removal, fraud, documents, crime, unlawful presence, smuggling, false citizenship, customs, and other issues.

Do Not Overread Redactions

A redacted passage does not prove that the hidden information is adverse; identify only what the released record supports.

Track Missing Attachments

Request referenced photographs, exhibits, continuations, recordings, device reports, supervisor notes, or referred agency records not included.

Select the Next Filing

Use the completed analysis for a visa, I-212, waiver, motion, correction, DHS TRIP request, declaration, legal memorandum, or litigation decision.

What Not to Do

Common CBP FOIA Mistakes

Do Not Ask “Why Was I Denied?”

Ask for the records reflecting the inspection, statements, findings, forms, supervisory review, and final disposition.

Do Not Omit Identity Verification

An incomplete first-party request can be delayed, closed, or produce less personal information.

Do Not Send New Requests by Mail or Email

CBP’s current rule requires digital submission through SecureRelease or FOIA.gov.

Do Not Request the Wrong Agency’s Records

Separate CBP, USCIS, ICE, State, TSA, EOIR, FBI, court, and police requests.

Do Not Request Only the Known Form

The sworn statement, I-213, device report, PNR, visa action, and supervisory material may be more important than the form already possessed.

Do Not Assume Twenty Days Means Delivery

The statutory period concerns a determination and is subject to unusual or exceptional circumstances.

Do Not Miss Clarification or Appeal Messages

Monitor the portal and email, save every communication, and respond before the stated deadline.

Do Not Treat FOIA as Record Correction

Use the production to support the separate remedy that can actually change the record or legal consequence.

Do Not Wait for FOIA Before Preserving Evidence

Prepare declarations and collect source records immediately because memories, messages, airline data, and witnesses can be lost.

Request Strategy

Seven Steps for a Strong CBP FOIA Request

Identify the event and responsible agency

Separate CBP inspection records from USCIS, ICE, State, TSA, EOIR, FBI, court, police, and airline records.

Verify identity and authorization

Include required biographical information, signed penalty-of-perjury certification, aliases, passports, A-number, and third-party authorization.

Describe the event precisely

Use the port, date, flight, disposition, form numbers, and a short date range.

Request the complete related record set

Include forms, continuations, statements, I-213, system records, visa action, photographs, fingerprints, devices, property, and transport records as relevant.

Submit digitally and preserve proof

Use SecureRelease or FOIA.gov and save the request text, attachments, confirmation, tracking number, and portal messages.

Manage clarification, fees, and appeal rights

Respond promptly, narrow only when strategically appropriate, track deadlines, and appeal search or withholding errors specifically.

Analyze and use the production

Build the chronology, compare source evidence, identify legal grounds, request missing material, and select the appropriate correction, visa, waiver, or litigation process.

Frequently Asked Questions

CBP FOIA FAQ

What records can I request from CBP?

You may request existing CBP records such as port-of-entry inspection, secondary inspection, Form I-275 withdrawal, expedited removal, detention, Border Patrol, international travel, PNR, I-94, device-search, customs, and related records, subject to exemptions.

How do I submit a CBP FOIA request?

Effective January 22, 2026, CBP requires new requests to be submitted digitally through the CBP SecureRelease Portal or the official FOIA.gov agency portal.

What identity information must I provide?

For personal records, DHS regulations require full name, current address, date and place of birth, country of citizenship or residency, and a notarized signature or declaration under penalty of perjury. Additional identifiers improve the search.

Can my lawyer request my CBP records?

Yes. Counsel should provide authorization permitting disclosure, identity verification, and Form G-28 where appropriate. A third-party request without adequate consent may receive limited information.

How long does CBP FOIA take?

The ordinary statutory period is twenty working days for a determination after receipt by the proper component, subject to unusual or exceptional circumstances. That period is not a guaranteed date for production of all records.

Can I expedite a CBP FOIA request?

Only when a regulatory basis is established, such as imminent threat to life or safety, urgency to inform the public by a disseminator, loss of substantial due-process rights, or specified exceptional media interest. Ordinary travel plans or filing deadlines do not automatically qualify.

Why are my CBP records heavily redacted?

FOIA exemptions may protect national security, privacy, law-enforcement proceedings, confidential sources, techniques, safety, privileged agency material, and information protected by another statute.

What does a “no records” response mean?

It may mean no responsive record was located in the searched locations, but the request may also have used the wrong agency, port, date, name, passport, form, or record category. Search adequacy may be appealed.

Can I appeal a CBP FOIA response?

Yes. You may appeal withholding, no-records findings, inadequate search, misinterpretation, incomplete response, fee decisions, and denial of expedited processing. Follow the deadline and instructions in the final response.

Will FOIA correct my CBP record?

No. FOIA provides records. Correction may require a Privacy Act amendment request, CBP information correction, DHS TRIP, deferred inspection, source-record correction, waiver, visa process, or litigation.

Is CBP FOIA the same as DHS TRIP?

No. FOIA seeks agency records. DHS TRIP seeks redress for travel-screening problems such as denied or delayed entry, repeated secondary inspection, ESTA issues, watchlist concerns, or identity confusion.

Can FOIA obtain my consular visa file?

CBP FOIA does not control Department of State visa records. Visa records are subject to separate State Department procedures and INA §222(f) confidentiality restrictions.

National CBP FOIA and Record-Analysis Representation

Request the Right Records, Then Use Them in the Correct Immigration Process

A strong CBP FOIA request identifies the person, event, port, date, disposition, forms, and record categories without asking CBP to create explanations. The production should then be compared with the traveler’s declaration and source evidence to determine whether the next step is a visa, waiver, Form I-212, DHS TRIP, record correction, motion, or litigation.

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