Table Of Content&) US. Department of ustiee
Deeoember 21, 2018
‘Ms, Ben Benwick
Protect Democraay
10 Ware St,
‘Cambridge, MA 02138
Mi. Fae Patel
‘Breman Center dor Tustioe at NYU Scho! of Law
120 Brosdway, Suit 1750
New York, NY 10271
Mr. Benjamin Wites
‘The Brookings Institution
1715 Masinctusetts Ave, NW
‘Washington, DC 02478.
Mr. Michael F Crowley
2.0. Box 212
Belmont, MA 02478,
Mis, Nora Elingsen.
1583 Mascachusetls Ave,
Cambridge, Ma, 02138
Dear Mr, Bornick, Ms, Patel, Mr. Wittes, Mr Croviley, and Ms, Ellingsen:
‘This letersesponds to your September 13, 2018 Request for Reconsideration of Denial of
Request for Correction Under the information Qualily Act.
On February 8, 2018, you requmsted, pursuant fo the Information Quality Act (IQA) and
‘implementing guidelines, thal the Depasttaent of Justice (Depatanent) and the Deparment of
‘Homeland Security (DHS) retract and comet this Jamaary 2018 joint report Repost) iesued
Pursuant to Section 11 of Executive Onder 13780 (Requent for Correction’). The Dopertoent
‘saved its Finel Response to the Request for Comreation “Final Response") om July 31,2018,
‘celining to retact ur correct the Report. On September 13,2018, you requested tat lio
Department reconsider its decision declining to retractor eoreet the Report ("Reues: for
Reconsideration"),
‘easonably fensparent in its presenation ofthe infounation and, as result, the Report should
nate withdrawn or comocied. Working cosoly with DHS, the Department sl cansider 10A
_rineipes in issuing future repos under Seaton 11 of Bxocutive Onder 13780 to ber presen
‘such infoumation to the public.
The 1QA and applicable guidelines ceate a framework uner wich agencies, i presenting
information, sriv to racet the wited gone of the IQA to maximize the quality, objecivliy,
Uuelty and integrity of their fnfosmation, The Department committed ins TQA pldetines th it
wil “eeviow all substatie infomation tdisseminaes” ina manner tht ~ among off kings =
allows sufficient time for such revicwss eneures compliance with both OMIB's und the
Department’ guidetines, provides methodologies, eigins and ltsititions of information
‘wherever possible; and easures tht the information faflls tbe sted intentions for te
disseminated informion,
‘You have rsised seven gener] areas of concer reganing the Report. Ech af theve concerns is
aaddzeased in urn below.
international (as apposed tod
individuals Ia’
‘The Department's response to the Request for Comection stated:
IThisno violation [ofthe 10,8] to provide additional dat, particularly when
Excoutive Onder 13780 requires “fany othor information eclevant ro safety and
Sseourty as detenmined by the Secreary of Homeland Security or the Attomey
General”
Consistent with the Deparment response to your Request fo: Cerection, the Rept is
transparent in its description oft infomation presented, notwithstanding that it was oot himitad
‘0 te information shout which Executive Ordo 13780 divcted ch egenaies o repon,
‘he Depértment cszmot control the way in which ioformation inthe Report is sed or interpreted.
However, in Suture reports, the Department can srive to minimize the potential for
‘misinterprefation irough, to the extent possible, mote thorsigh explanation of tw context for
information and clearor dtferetiation of te information presented, and by noting when
{information presented goes beyond the specifie dictates of Section IL. The Depattaaent
probed accordingly i luture Section tT reports
2. You oscrt that, in light of Section 11's focus on terrriuereleted offenses commited by
{orvign nationals “whiis in he Usited Stes,” the Rezont was misleading init inclusion of data
‘egatding forciga nationals who were brought to the United State only far prosecution or
(errorism committed outside ofthe United States, Your Request for Correction voutended that
the inclusion of such data Jeaves readers with the mistmgression tht the convicted individuals
‘vere predominantly immigrants. You contend that this information wae “inffuential” sithin the
‘smoaning of the TQA. As uch, you assert thatthe Department violsed the IQA by fling to
present the statisti wilh the National Security Division's (NSD's) explanations abou te
Uavtetions ofthe daty so a8 to pu the data “inthe proper context” and vthcut the “igh deyroe
of transparency" required of influential information, You also contand that the data fash
fransparency because it reports convictions wth link to intemationalterorism even if the
‘crrorism-related crime was not the offense of eonvietion,
‘There is no requirement in vither the 1Q4 or the OMB or Degartment implementing guidelines
that sgencics mast always provide underlying data when disaminsting Information to the public.
OMB's definition of “objexivity" provides that [somtimes in diserineting certain iypos of
{formation to the public, ther inforznation must alse be disseminated in amet to ensuge am
accurate lear, complete and unbiased presentation.” 67 Fed. Reg, at 8459. Further, te
Department's guidelines provide that in achieving objectivity, the Department will document
dota sources. Novertbeleay, neither OMB nor Deparuent guidelines identi the crcomatences
under which a aced to provide “additional information” should be found to evise
While the Report ds not expretely adress the nsk of terrrisim inthe United Sines, tbe
‘Department appreciates the siggcstion that distzgrcyating information about fneipn nationale
brought to tke United Stats for prosecution for terarisen-related offenses commniied outside Ihe
United States, and providing a more thorough dineusion ofthe limitation ofthe data present,
‘woold further protaots the perception of objectivity in the presentation ofthe isftamaten The
Department will work with DHS in farure cepors to ensute that information provided maximioes
the goals ofthe IQA.
3: You chllenge tho proseatation of cight “ithustative examples” out of 402 convicted
individuals — which maar included both foreign rationals and nalualized U.S. sitions — ag
Ghvlously not Tustmsive” and lacking objectivity and \agspaency. The Departmeatdspgeced
‘wth these axgumeots in its Fine! Response, zespomding that your argument tefiecod
subjective conclusion based on your interpretation of the Report”
Gu reconsiiretion, the Department acknowledges thaw focus om cightsermnngly sinler
‘illustrative examples” from a list of mote than 40 convictions could cause sone reaver of the
Repent to question it objectivity. While the Department realirma ts inal Decision, we
4. Nou slim tarde Report is unclear ad not tanspaeest doc to ts allogd failure w provide
underlying information anf context about the ierror vcs and what constituted @ DAS
encounter” with an individual on thelist. These statistos were courpited for lew enforcement
‘purpose and elite fo public sfety and security. You do wot challenge the accurasy of te dat,
but merely question the sendavds under which the figures are compiled. ‘The Rigues and wher
hey report sand for themselves we couclide thatthe goals ofthe IQA do ut ui
-amondments lo the Repor: inthis regard.
5. You claia that tho agcacies misrepresented data cegarding gender-based violeaoe in a
General Accountability Office report. The alleged misrepresented data const meno editorial
‘ars which the 1Q4 doesnot obligate the auencies to withiraw or conect. The Department
appreciates being muade aware of ruck emors so that they will ne be mpented
& Seotiom 11 divested thatthe Report present information reguring so-called “hove lings”
and gender-based violence opninst wosnen by foreign nationals. You contend that a study efted
in the Report vas commissioned by an allegedly biased source, und one ofthe authors ofthe
fxd cucotriers with individuals onde teor watclist. ‘As previously note, the eparaaent
‘The Report identified the origins and imitations of the iformation comained within t, As a
sea the Repot was sufficienlytrangperent and consistent withthe IQA and implementing
fuidones, The Depertment teams is prior decision not to etc on comet the Report
The Department will wark closely with DHS ia preparing fre Section 11 ropocslo continue
‘esting Department guidelines and the objectives of tc {OA
‘Thank you for bringing these concerns to ths attention of the Depanment
Sincerely,
Whe AM MED
Michael. Allen
Deputy Assistant Attomey Generat
Polies, Managensent, and Planing
