When Silence Breaks the Law: Mandamus Claims for FOIA Delays in Immigration Cases
Gabriela Pinto Vega

Under the Freedom of Information Act (FOIA), federal agencies are legally required to respond to document requests within 20 business days. Yet for many immigrants and their attorneys, the reality is far different. Delays of months — or even years — are not uncommon, leaving families in limbo and legal strategies on hold. When agency silence turns from bureaucratic red tape into a legal roadblock, there’s a powerful remedy available: filing a writ of mandamus in federal court.

 

What Is a FOIA Request?

 

The FOIA, enacted in 1966, provides individuals the right to access federal records from agencies such as U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). For immigration cases, FOIA requests often seek the A-file — the complete record of an individual’s immigration history — which may include applications, interview notes, investigation findings, and correspondence.

 

This information can be essential to:

  • Preparing for an asylum interview or hearing

  • Responding to a Request for Evidence (RFE)

  • Filing a motion to reopen a case or appeal

  • Understanding prior decisions and evidence used against the applicant

The Legal Timeframe for FOIA Responses

 

According to FOIA regulations (5 U.S.C. § 552(a)(6)(A)(i)), federal agencies must “determine within 20 business days” whether to comply with a request. The law also requires agencies to notify requesters of their determination and reasoning. Despite this statutory deadline, immigration attorneys frequently encounter protracted silence or generic status updates without substantive results.

 

Agencies may cite a backlog, complexity of the request, or the need for inter-agency coordination. But legally, these reasons don’t excuse failure to issue a timely determination. When this delay violates the law, requesters have the right to act.

 

When to Consider a Mandamus Action

 

A writ of mandamus is a legal petition filed in U.S. District Court to compel a government agency to perform a legally required duty — in this case, issuing a FOIA determination. If 20 business days have passed without a final response, you may be eligible to file a claim.

 

Here are practical scenarios where mandamus might be appropriate:

  • A client preparing for an asylum interview needs their full A-file to understand what USCIS already knows.

  • A removal defense attorney is waiting on FOIA documents to file a motion to reopen — but time is running out.

  • An adjustment of status application is stalled due to missing information that only the FOIA response can clarify.

Mandamus isn’t about demanding immediate access to the documents. It’s about compelling the agency to follow the law and issue a determination — even if that determination is a denial.

 

How a Mandamus Claim Works

 

The process is relatively straightforward but should be handled by an experienced attorney. Here’s a general breakdown:

  • Filed in U.S. District Court: You’ll name the agency (e.g., USCIS or ICE) as the defendant.

  • The complaint outlines the legal obligation under FOIA and documents the delay.

  • The request asks the court to order the agency to issue a timely determination.

Importantly, the court won’t order the agency to release specific documents — just to make a decision. Agencies often issue determinations quickly after being served with a lawsuit, sometimes within days or weeks.

 

Potential Outcomes and Risks

 

Mandamus actions are often effective at breaking the bureaucratic logjam, but they come with considerations:

  • Agencies frequently respond once sued to avoid litigation.

  • Legal costs and filing fees can be a barrier for some clients, although many see it as a worthwhile investment to move their case forward.

  • No guarantee of full disclosure — even after a court compels a response, the agency may still lawfully withhold certain documents under FOIA exemptions.

Final Thoughts

 

A mandamus petition isn’t always the right choice, and it shouldn’t be filed lightly. But when FOIA delays threaten to derail immigration cases or deprive individuals of their legal rights, it becomes a powerful mechanism for accountability. Silence from the government should not be a substitute for justice — and mandamus ensures it won’t be.

If you've been waiting too long for immigration records — or your legal strategy hinges on accessing essential documents — don’t let bureaucratic silence stand in your way. Contact our office today to find out if a mandamus claim is the right next step in your case.

 

GPV Immigration Law — Simplifying the Immigration Process for Families in the U.S.