FOIA vs CBP for policies on $5k fines against non-SENTRI Lane Entrants Still Pending

In September 2023, I filed a Freedom of Information Act (FOIA) request with U.S. Customs and Border Protection (CBP) to gain clarity on the policies and legal foundations behind the $5,000 fines imposed on non-SENTRI passholders who mistakenly or intentionally enter the SENTRI lane without the ability to exit. Unfortunately, CBP did not respond to my FOIA request, prompting me to hire an attorney to assist in obtaining this information. We filed a case in February 2024, and this litigation has been ongoing for several months.

The primary issue still in dispute is whether CBP has adequately searched for and produced records responsive to my request, specifically data on the total number of fines and the amount of money collected. In December, CBP claimed they had completed their search for records. However, my attorney questioned whether they had searched a particular database that likely contains relevant information. CBP objected to this request, leading to multiple rounds of discovery to resolve the issue. This is where we currently stand.