ICE proposes a records-request form: why identity and authority matter before seeking an immigration file

What the October notice proposes

ICE’s 26 October information-collection notice describes Form I-902 for Freedom of Information Act and Privacy Act requests. The comment deadline is 28 December 2026. This is a proposal about collecting request information, not a new immigration application or a promise that an entire file will be released.

The proposed information helps identify the requester, locate relevant records and establish authority when another person’s records are sought. The notice discusses identity verification, consent and declarations under penalty of perjury or notarised affidavits. Those safeguards matter because immigration files may contain sensitive information about several people.

Identify the record holder and the question

A useful request describes the records and relevant period with enough precision to support a search. A request for an encounter record, a student-related record or correspondence may require different identifying information. Start from the official ICE FOIA service and its current instructions; a proposed form is not proof that a particular channel is already required.

In a hypothetical family case, an adult child asks for a parent’s immigration history. The relationship alone should not be assumed to authorise unrestricted access. The requester should determine what consent or other lawful authority is needed and whether the records contain information about additional individuals.

Disclosure and immigration decisions are separate

Obtaining records can help reconstruct events or identify a document used in a decision. It does not reopen that decision, extend permission to stay or suspend a hearing. If an appeal or response deadline is running, assess it independently while the records request is pending.

FOIA and Privacy Act rules also contain exemptions and limitations. A partial release may include redactions or withheld material. Preserve the response letter and the stated grounds so that any available review procedure can be assessed against the actual decision, rather than an assumption that missing pages must prove misconduct.

Protect identifiers while making the request

Use the designated request process for identity documents and authorisations. A public comment on the proposed collection is a different channel. It is generally possible to explain an unclear form question without posting a real case number, passport scan or another person’s address in a public docket.

Build a usable evidence record

Keep a copy of the submitted request, consent, confirmation and later correspondence. When documents arrive, compare their dates and provenance with the existing chronology. The value is a more reliable factual record; neither the proposed form nor a successful request guarantees a favourable immigration outcome.

Legal check date

Sources and law checked on 27 October 2026. Later developments are not reflected automatically. Application of the rules depends on the individual facts.