What one ICE public records request teaches about FOIA
Working through public records requests can be tedious and frustrating – but the records you receive can turn into phenomenal stories.
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Working through public records requests can be tedious and frustrating – but the records you receive can turn into phenomenal stories.
Ileana Garnand knows this firsthand in their work with the Trans Journalists Association and MuckRock. Over the past year, Garnand has been filing Freedom of Information Act requests with federal departments, state agencies, U.S. territories, and public universities to track the impact of anti-trans political action.
Recently, Immigration and Customs Enforcement told Garnand the agency did not have any documents related to a request filed for information about the medical care, housing, safety, and other concerns for trans people detained by ICE. Citing previous reporting from the Intercept, the American Prospect and the Denver Post, Garnand appealed ICE’s response, pointing also to multiple examples on the agency’s own website that would qualify as responsive records.
This month, ICE’s FOIA office said it would resume its search.
Keep reading for Garnand's insight on navigating the public records request process.
Table of Contents
Finding the way through
In previous years, ICE included rules in vendor contracts around medical care, housing, safety, and more for trans detainees. In 2025, the Trump administration altered the agreements to exclude these requirements. TJA is documenting these changes and making them publicly accessible.
“It can be very frustrating to be told that records you know exist haven’t been found, but channel that energy into an appeal that pulls together proof-of-documents,” Garnand said. “Your colleagues’ work, as well as government websites, are a great place to start.”
It was clear to Garnand that the records they sought existed. They knew there were at least 10 instances of contract modifications — and mentioned all of them in their FOIA appeal.
“But we’re hoping to receive as many records as possible of these trans care requirement removals,” Garnand said. “Documents that haven’t been reported on before would be especially helpful because they generate new coverage.”
As for incorporating these FOIA requests into your coverage …
“Your beat doesn’t have to be national immigration policy for these records to be relevant,” Garnand said. “If there is a detention center in your community — or a proposed addition — these documents reveal how trans detainees are being treated, as well as which contractors are working with ICE.”
The American Prospect reported on facilities in multiple states run by several companies and included experiences from detainees across the country. The Denver Post focused on a single Aurora facility, diving deeper into the topic and providing a recent count of trans detainees at the location.
“It’s always worth appealing a public records request decision you feel is inadequate. Taking the time to explain your case, using as much concrete evidence as possible, gives you another chance to receive the documents,” Garnand said. “It also sets a precedent for future requestors. Your extra effort may help the public access other records that would have otherwise been blocked by similar denials.”
Key questions for journalists:
Ask yourself these procedural questions during your FOIA work. Allow the answers to guide you.
- What's the timeline I'm working on? Do I have time to wait for months to report through this story?
- What's the most specific version of this request? Instead of asking for "all communications," would I be satisfied for emails between specific people within a specific timeframe?
- Have I read reporting on this topic — and where did those reporters get their records? Maybe reaching out to the journalists on those stories will provide insight on navigating the records request process. There could be an amended request you can submit that doesn't recreate stories that are already written.
- What day can I set aside an hour each week to submit a request?
- Am I fishing for records, or is there someone at the agency who has told me this document exists? Do I know the specific name of the form, the document, or the record?
- Am I asking for the agency to create something, or simply make a copy? For instance, agencies will not compile data to create a new database, but they can provide copies of already-existing databases.
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