USCIS’ arbitrarily strict FOIA policy is keeping some migrants from receiving their immigration records, whistleblower alleges
In a protected disclosure to Congress, an agency employee claims that U.S. Citizenship and Immigration Services since 2024 has been finding ways to reject Freedom of Information Act requests from migrants in order to make it seem like the agency is complying with a court order.
By Sean Michael Newhouse, Gov’t Exec., Dec. 19, 2025
U.S. Citizenship and Immigration Services said in a Dec. 15 compliance report that it reduced its Freedom of Information Act request backlog for certain immigration records by 99.96% over the course of three months, an impressive feat given recent workforce cuts to agency FOIA teams and a 43-day government shutdown occurred during the period.
But a whistleblower disclosure sent to the Senate Homeland Security and Judiciary committees on Friday argues that the agency has adopted unnecessarily strict criteria to summarily reject FOIA requests from migrants seeking documents for their immigration proceedings.
“The circumstances alongside the whistleblower’s disclosures suggest the reported reduction does not reflect timely, good-faith FOIA processing but rather mass closures of requests and other procedural mechanisms that remove requests from the pending inventory without reasonable searches or release of responsive records,” according to the document.
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