Biden administration declines to disclose nationalities on terror watchlist amid surge of illegal immigration during his presidency.
The reason Customs and Border Protection did not disclose nationalities is due to concerns over privacy invasion.
The FBI terror watchlist arrests at the border by Border Patrol have been kept confidential by Customs and Border Protection (CBP) due to concerns for the privacy of those involved.
In October, the FBI received a FOIA request from Fox seeking information about the nationalities of suspects on the terror watchlist who were arrested by Border Patrol at the southern border while entering through ports of entry.
Despite acknowledging that the information is stored in the Terrorist Screening Dataset (TSDS), CBP refused to provide it to Fox six months later.
The letter states that it is granting exemptions to safeguard the privacy of files that could cause an unjustified invasion of personal privacy, while also considering the public's right to access information and the individual's right to privacy.
The privacy interests of individuals in the requested records are more important than any public interest in disclosing the information. Private interests in the information do not affect the balancing test.
Records that reveal techniques or procedures used in law enforcement investigations or those that could endanger the life or safety of any individual are exempt from disclosure.
The fox did not ask for personal details, just the countries where the encounters took place.
This year, Border Patrol has had 80 encounters of people between ports of entry, which is lower than the 172 encounters in fiscal year 2023 and the 98 encounters in fiscal year 2022.
The TSDS now includes individuals who may pose a threat to the US, even if they are not known or suspected terrorists.
"CBP Agents and Officers play a critical role in securing our borders, as encounters with watchlisted individuals are rare, according to the agency's website. DHS employs a range of measures, including highly trained personnel, monitoring systems, and intelligence networks, to safeguard our borders."
But the rejection of the FOIA request brought immediate criticism from Republicans.
Republicans on the House Homeland Security Committee stated on X, formerly known as Twitter, that DHS values the "privacy" of potential national security threats over the American people's right to know where these individuals are coming from.
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