Complaint Summary Form

DEPARTMENT OF HOMELAND SECURITY
OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES
COMPLAINT SUMMARY FORM
To be placed under the first left tab of the complaint folder
Summary Prepared By:
Annie Wong
Date Prepared:
January 14, 2010;
Revised July 28, 2011
Identifying Information
Complainant/Victim’s Edward
FN:
Individual’s
Alien number:
MN:
LN: Hasbrouck
N/A
Third Party’s FN
(Written By):
Third Party’s LN
(Written By):
Third Party’s
Organization:
If the Complaint file would be more appropriately labeled with a phrase other than an individual
complainant’s name, type that tagline/name here:
Special Category (check any that apply)
Sexual Abuse (PREA)
Deaths – Further Action
Language Issues
Deaths – No Further Action
Recipients of Federal Financial Assistance
Other (please specify)
Medical Issues
ICE OPR Referral to CRCL
Mental Health Issues
CBP Referral to CRCL
DHS Traveler Redress Inquiry Program (TRIP)
DHS OIG Referral to CRCL
Allegation
Received by DHS:
August 28, 2006;
September 25, 2006;
October 12, 2006;
December 29, 2006;
August 27, 2007;
October 22, 2007;
August 8, 2008;
August 25, 2008;
December 11, 2009
Received by CRCL:
December 29, 2009 (receipt
of December 11, 2009 letter
to TSA and CRCL re: a
TSA SOP);
August 10, 2010 (receipt of
August 10, 2010
correspondence)
FOR OFFICIAL USE ONLY / LAW ENFORCEMENT SENSITIVE
Allegation Type:
Civil Right/Civil Liberty
Incident Date:
N/A
Time of Incident:
N/A
(If this is a recurring
incident or condition, list
date range[s]):
Summary of
Allegation(s):
By email, Mr. Edward Hasbrouck of The Identity Project sent his October 21,
2010 letter to CRCL, with attachments, in which he alleges that DHS violated the
International Covenant on Civil And Political Rights by promulgating certain
regulations and implementing certain systems of records over the past several
years. Mr. Hasbrouck’s concerns relate to the Privacy Act, the Regulatory
Flexibility Act, the Airline Deregulation Act, the U.S. Constitution, international
treaties (including the ICCPR and NAFTA), and the relevant agencies’
jurisdictions, among others. [Background: On August 10, 2010, Mr. Hasbrouck
wrote to CRCL to lodge nine separate complaints of civil and human rights
violations with CRCL as the DHS single contact office for implementation of
international human rights treaties under Executive Order (EO) 13107. CRCL
responded seeking clarification, since CRCL does not normally receive
complaints in the form of previously-submitted comments to DHS-issued Notices
of Proposed Rule-Making (NPRMs) and Systems of Records Notices (SORNs), as
submitted by Mr. Hasbrouck. On October 21, 2010, Mr. Hasbrouck confirmed his
intention that his comments serve as the basis of his complaint. According to Mr.
Hasbrouck’s August 10, 2010 correspondence, the DHS receipt dates of his
comments to NPRMs and SORNS are August 28, 2006; September 25, 2006;
October 12, 2006; December 29, 2006; August 27, 2007; October 22, 2007;
August 8, 2008; August 25, 2008; and December 11, 2009. This complaint is
being given a DHS complaint number because it involves Offices in DHS
Headquarters, including the Office of Policy, as well as TSA and CBP.]
Compliance
Director’s
Recommendation:
COMMENTS: On January 7, 2010, Margo Schlanger, CRCL Officer, directed
that this matter be opened as a retained complaint if Jeffrey Blumberg, Director,
Compliance Branch, concurred. Blumberg concurred.
Allegation Details
Primary Issue:
Due
Primary Basis:
Processing/Administrative
Processing
Secondary Issue:
N/A
Secondary Basis:
Select additional Secondary Issues and Secondary Bases if necessary. Add additional rows to the table above.
Categories from which to Select Allegation Issues and Bases
Allegation Issue Categories:
Allegation Basis Categories:
Abuse of Authority/Color of Law
Age
Conditions of Detention
Citizenship (specify)
Discrimination
Color (specify whether dark, medium or light complexion)
Due Processing/Administrative Processing
Detainee
FOR OFFICIAL USE ONLY / LAW ENFORCEMENT SENSITIVE
Profiling
Disability (mental)
Treatment
Disability (physical)
Unaccompanied Minors
Harassment
Watch Lists
Inappropriate touching
Other (please specify)
Limited English Proficiency
National Origin (specify)
Non-Detainee
Race (specify race)
Racial Harassment
Referral to secondary
Religion (specify religion)
Retaliation
Rude, unprofessional conduct
Sex (specify whether male or female)
Sexual Harassment
Ethnicity (specify ethnicity. “Hispanic/Latino” is a selection in this
category.)
Other (please specify)
[If the complaint involves an Unaccompanied Minor as a complainant/victim, the Primary Issues is Unaccompanied Minors.]
Involved Parties
Component(s)
Referenced:
DHS HQ, CBP, TSA
Individual(s)
(list name, title/position,
and employment
location):
1. Unidentified Employees of DHS HQ (Office of Policy and other Offices)
2. Unidentified CBP Employees
3. Unidentified TSA Employees
Location(s) of Incident(s)
Incident Location Type (check all that apply):
Airport
Street Stop
Airplane
Place of Business
BCIS Facility
Residence
Border and Fixed Checkpoint
Detention IGSA
Government Building
Detention SPC
Seaport
Detention CDF
Ship
Other (please specify)
Incident Location
(list name of airport or port of
entry or other location):
City:
DHS offices (various locations)
State:
FOR OFFICIAL USE ONLY / LAW ENFORCEMENT SENSITIVE
If this complaint involves more than one incident location, list each location separately.
If the alleged incident occurred outside the U.S., identify the city and county where it occurred.
Notes
Notes:
Mr. Hasbrouck initially wrote to CRCL and TSA Office of Civil Rights and
Liberties (OCRL) by letter dated December 11, 2009, which CRCL received on
December 30, 2009. CRCL replied by letter dated January 22, 2010, advising him
that CRCL and TSA OCRL had discussed the matter and that TSA OCRL was
preparing a response to his concerns. Mr. Hasbrouck subsequently wrote to
CRCL by email on August 10, 2010. CRCL replied by letter dated August 13,
2010, requesting more information from him.
FOR OFFICIAL USE ONLY / LAW ENFORCEMENT SENSITIVE