DHS OIG Completes Its Review of Implementation of the Travel Ban; Awaits Decision by DHS Regarding Whether It Will Invoke Privilege

Early this year, the Department of Homeland Security (DHS) Office of Inspector General (OIG) initiated a review of DHS’ implementation of Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States,” regarding the travel into the United States of individuals from seven countries.

The DHS OIG delivered its final report to DHS on Friday, October 6, 2017, in order for the Department to undertake a sensitivity review, a regular OIG practice. As of November 20, DHS leadership has not yet made a final determination regarding whether it will invoke the attorney-client privilege or deliberative process privilege over portions of the report, which would prevent release of significant portions to the Congress and the public. DHS informed the OIG on November 20 that it has asked the Department of Justice to undertake a privilege review of the report.

The OIG provided the attached update to multiple Senators and Representatives who requested that it undertake this review. The update also includes a summary of the conclusions of the DHS OIG’s comprehensive review.