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<blockquote data-quote="Babagounj" data-source="post: 1431332" data-attributes="member: 12952"><p><a href="http://www.cis.org/cadman/faux-privacy-rights-illegal-aliens-take-judicial-hit-public-right-know-prevails" target="_blank">http://www.cis.org/cadman/faux-privacy-rights-illegal-aliens-take-judicial-hit-public-right-know-prevails</a></p><p>First Circuit Court of Appeals in Boston</p><p>The origins of the case stem from a Freedom of Information Act (FOIA) request filed by a New Hampshire newspaper, the <em>Union Leader</em>, asking ICE to provide the names of alien criminals arrested during an enforcement operation, along with the details surrounding their offenses. ICE, typically, refused, citing those aliens' "privacy rights" even though, as I <a href="http://www.cis.org/cadman/malleable-privacy-policies-and-media-manipulation-minors" target="_blank">have observed before</a>, such rights don't exist under the federal Privacy Act (PA){— which <a href="http://cases.justia.com/federal/appellate-courts/ca1/13-1752/13-1752-2014-04-18.pdf?ts=1410915007" target="_blank">limits federal privacy protections to "U.S. persons"</a>, who are defined as United States citizens and resident aliens. Nonimmigrants and illegal aliens are outside the scope of federal privacy law. }— something even the most wet-behind-the-ears government attorney must know. The <em>Union Leader</em> <a href="http://www.unionleader.com/article/20130619/NEWS06/130619178" target="_blank">filed suit and lost</a> at the federal court level (a classic example of judicial misinterpretation of both the FOIA and PA statutes). They then appealed to the federal First Circuit Court of Appeals.</p><p>The First Circuit has now ruled, and directed ICE to reveal the names and crimes of the aliens who were arrested .</p><p>But whatever the logic, the outcome is appropriate and should be welcomed, not just by media outlets, but also by the public at large and groups at both ends of the immigration advocacy spectrum, because it helps to pierce the fog that this administration has dropped over government immigration operations.</p></blockquote><p></p>
[QUOTE="Babagounj, post: 1431332, member: 12952"] [url]http://www.cis.org/cadman/faux-privacy-rights-illegal-aliens-take-judicial-hit-public-right-know-prevails[/url] First Circuit Court of Appeals in Boston The origins of the case stem from a Freedom of Information Act (FOIA) request filed by a New Hampshire newspaper, the [I]Union Leader[/I], asking ICE to provide the names of alien criminals arrested during an enforcement operation, along with the details surrounding their offenses. ICE, typically, refused, citing those aliens' "privacy rights" even though, as I [URL='http://www.cis.org/cadman/malleable-privacy-policies-and-media-manipulation-minors']have observed before[/URL], such rights don't exist under the federal Privacy Act (PA){— which [URL='http://cases.justia.com/federal/appellate-courts/ca1/13-1752/13-1752-2014-04-18.pdf?ts=1410915007']limits federal privacy protections to "U.S. persons"[/URL], who are defined as United States citizens and resident aliens. Nonimmigrants and illegal aliens are outside the scope of federal privacy law. }— something even the most wet-behind-the-ears government attorney must know. The [I]Union Leader[/I] [URL='http://www.unionleader.com/article/20130619/NEWS06/130619178']filed suit and lost[/URL] at the federal court level (a classic example of judicial misinterpretation of both the FOIA and PA statutes). They then appealed to the federal First Circuit Court of Appeals. The First Circuit has now ruled, and directed ICE to reveal the names and crimes of the aliens who were arrested . But whatever the logic, the outcome is appropriate and should be welcomed, not just by media outlets, but also by the public at large and groups at both ends of the immigration advocacy spectrum, because it helps to pierce the fog that this administration has dropped over government immigration operations. [/QUOTE]
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