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Home My WebLink AboutItem 26 - Freedom of Information Act (FOIA) Request to U.S. Immigration and Customs Enforcement (ICE) City Manager’s Office www.santa-ana.org/cm Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 1, 2025 TOPIC: Freedom of Information Act Request AGENDA TITLE Freedom of Information Act (FOIA) Request to U.S. Immigration and Customs Enforcement (ICE) RECOMMENDED ACTION Approve submission of a Freedom of Information Act Request to U.S. Immigration and Customs Enforcement seeking records pertaining to immigration enforcement activity within the City of Santa Ana for the period of January 20, 2025 through July 1, 2025. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the June 17, 2025 City Council meeting, Councilmember Jessie Lopez and Mayor Pro Tem Benjamin Vazquez expressed interest in submitting a Freedom of Information Act (FOIA) request to the federal government seeking records pertaining to immigration enforcement activity within the City of Santa Ana for the period of January 20, 2025 through July 1, 2025. Since 1967, FOIA has provided the public the right to request access to records from any federal agency. Staff is seeking direction and approval to request records from U.S. Immigration and Customs Enforcement (ICE) regarding immigration enforcement activity within the City of Santa Ana for the first half of 2025 to better understand what activities have occurred, when and where such activities have occurred, and who has been subject to such activities, among other items. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact assocated with this action Freedom of Information Act Request July 1, 2025 Page 2 5 1 7 8 EXHIBIT(S) 1. FOIA Request Letter Submitted By: Alvaro Nuñez, City Manager Approved By: Alvaro Nuñez, City Manager SANTA ANA CITY COUNCIL Valerie Amezcua Mayor vamezcua@santa-ana.org Benjamin Vazquez Mayor Pro Tem, Ward 2 bvazquez@santa-ana.org Thai Viet Phan Ward 1 tphan@santa-ana.org Jessie Lopez Ward 3 jessielopez@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Johnathan Ryan Hernandez Ward 5 jryanhernandez@santa-ana.org David Penaloza Ward 6 dpenaloza@santa-ana.org MAYOR Valerie Amezcua MAYOR PRO TEM Benjamin Vazquez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan CITY OF SANTA ANA CITY MANAGER’S OFFICE 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org CITY MANAGER Alvaro Nuñez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall July 1, 2025 FOIA Officer [Via U.S. Mail and Email: U.S. Immigration and Customs Enforcement ICE-FOIA@ice.dhs.gov] Freedom of Information Act Office 500 12th Street SW, Stop 5009 Washington, DC 20536-5009 RE: FOIA Request Concerning Federal Immigration Enforcement Activity in the City of Santa Ana Dear FOIA Officer, This is a request under the Freedom of Information Act (FOIA), 5 U.S.C. §552, et seq., issued pursuant to authorization of the Santa Ana City Council approved on July 1, 2025. The City of Santa Ana (“City”) respectfully requests the following information regarding federal immigration enforcement activity conducted by U.S. Immigration and Customs Enforcement (ICE) within the City of Santa Ana. REQUEST FOR INFORMATION The City of Santa Ana seeks any and all records prepared, received, owned, used, transmitted, collected and/or retained by ICE that address, describe, refer, or relate to immigration enforcement, arrest, detention, or removal actions, civil or criminal (collectively, “enforcement actions”), in the City of Santa Ana on or after January 20, 2025, including, but not limited to, any and all records reflecting, for each action: •All Form I-200s, Form I-250s, Form I-213s, and form I-247s; •The date, time, and location of the enforcement action; •The name(s) of all individual(s) targeted, arrested, detained, or otherwise subject to the enforcement action, including any individual(s) not designated as a target prior to the enforcement action (sometimes referred to by ICE as "collateral" targets); SANTA ANA CITY COUNCIL Valerie Amezcua Mayor vamezcua@santa-ana.org Benjamin Vazquez Mayor Pro Tem, Ward 2 bvazquez@santa-ana.org Thai Viet Phan Ward 1 tphan@santa-ana.org Jessie Lopez Ward 3 jessielopez@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Johnathan Ryan Hernandez Ward 5 jryanhernandez@santa-ana.org David Penaloza Ward 6 dpenaloza@santa-ana.org •The basis for the enforcement action, as reflected in records including but not limited to judicial warrants, administrative warrants, or internal ICE approvals preceding the enforcement action, and the basis for the arrest of any "collateral" targets; •A description of the enforcement action(s), such as by incident report or comparable post-action records; •The alleged immigration violation(s), and/or criminal conviction(s) or pending criminal charge(s) related to the target(s) of the enforcement action, and any records that indicate whether those violations were known to ICE at the time of arrest; •The detention location(s) and any transfer(s) locations of individual(s) arrested or detained by ICE; •The administrative proceedings, court proceedings, removal proceedings, or other immigration administrative and/or judicial process for any individuals arrested or detained by ICE, and the status of those processes; •Current immigration status of the individual(s) arrested (i.e., humanitarian parole, deferred action, special immigrant juvenile, etc.); and •Complaints, investigations, or disciplinary actions related to the enforcement action. The City of Santa Ana also seeks any and all policies, directives, memoranda, guidance, field manuals, standard operating procedures, checklists, and training modules prepared, modified, issued, or reissued by ICE on or after January 20, 2025, reflecting ICE policy and practice with respect to: •The use of, or limitations on the use of, race, ethnicity, national origin, or physical appearance in initiating contact with or arresting individuals; •The use of, or limitations on the use of, face masks or other manners of obscuring the identity of ICE officials conducting immigration enforcement actions; •Damage to personal or public property during or in connection with immigration enforcement actions; •ICE officials' duty, or lack thereof, to identify themselves-verbally, through their clothing, with a badge, or by any other means-before, during, or after an immigration enforcement action. The City seeks the above records for the period between January 20, 2025, and the date of this request. The City asks that any records that exist in electronic form be provided in their native electronic format via electronic file transfer protocol (“FTP”), USB flash drive, or equivalent electronic medium. The City ask that any documents stored in Portable Document Format ("PDFs") be provided as individual files in a searchable PDF format. All requested records that are responsive may be provided with personally identifying details redacted. FOIA exempts information from disclosure if that disclosure would lead to an unwarranted invasion of privacy. 5 U.S.C. § 552(b)(6). Determination of this exemption requires a balancing of the public's interest in obtaining the information against any possible invasions of privacy which would result from disclosure. See, e.g., Wood v. FBI, 432 F.3d 78, 87-89 (2d Cir. 2005). The City expects the release of all SANTA ANA CITY COUNCIL Valerie Amezcua Mayor vamezcua@santa-ana.org Benjamin Vazquez Mayor Pro Tem, Ward 2 bvazquez@santa-ana.org Thai Viet Phan Ward 1 tphan@santa-ana.org Jessie Lopez Ward 3 jessielopez@santa-ana.org Phil Bacerra Ward 4 pbacerra@santa-ana.org Johnathan Ryan Hernandez Ward 5 jryanhernandez@santa-ana.org David Penaloza Ward 6 dpenaloza@santa-ana.org segregable portions of otherwise exempt material. If, under applicable law, any of the information requested is considered exempt, please describe in detail the nature of the information withheld, the specific exemption or privilege upon which the information is withheld, and whether the portions of withheld documents containing non-exempt or non-privileged information have been provided. Sincerely, Alvaro Nuñez City Manager