Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection Sept. 23, 2023, in Eagle Pass, Texas. (AP Photo/Eric Gay, File)
"The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test," it says.
It also cites exemptions that protect records that would disclose techniques or procedures for law enforcement investigation and those that could be expected to endanger the life or safety of any individual.
Fox did not request personal information, only the countries from which the encounters originated.
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There have so far been 80 encounters of people between ports of entry this year by Border Patrol who are on the TSDS, compared to 172 in fiscal year 2023 and 98 in fiscal 2022.
The TSDS contains sensitive information on terrorist identities. It initially contained only known or suspected terrorists (KSTs) but now also includes additional individuals who represent a "potential threat to the United States, including known affiliates of watchlisted individuals."
"Encounters of watchlisted individuals at our borders are very uncommon, underscoring the critical work CBP Agents and Officers carry out every day on the frontlines," CBP says on its website. "DHS works tirelessly to secure our borders through a combination of highly trained personnel, ground and aerial monitoring systems, and robust intelligence and information sharing networks."
But the rejection of the FOIA request brought immediate criticism from Republicans.
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"Wow: DHS thinks the "privacy" of potential national security threats is more important than the American people's right to know where these individuals are coming from," Republicans on the House Homeland Security Committee said on X, formerly known as Twitter.
Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.
He can be reached at adam.shaw2@fox.com or on Twitter.
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https://www.foxnews.com/politics/biden-admin-refuses-reveal-terror-watchlist-nationalities-illegal-immigration-explodes