How to file a FOIA request (a guide for non-journalists)
Anyone can file a Freedom of Information Act request — you don't need to be a journalist. Here's how to do it correctly, including what to ask for and how to escalate.
The Freedom of Information Act (FOIA, 1966) gives any US person the right to request federal-agency records. Most states have parallel statutes for state and local records. Filing is free in most cases, and you don’t need to be a journalist or have a legal reason — you just need to ask.
1. Identify the agency
The biggest FOIA mistake is asking the wrong agency. Federal records are agency-specific: - ICE, CBP, USCIS → Department of Homeland Security - Federal criminal records → FBI / DOJ - Veterans benefits → VA - Federal contractor records → GSA - Specific federal lawsuits → relevant agency’s general counsel - State/local records → state and local FOIA (sunshine laws)
Use foia.gov to find the right agency.
2. Be specific
A FOIA request must describe the records you want with enough specificity that the agency can find them. Bad: “all records related to the program.” Good: “all internal emails between [name] and [name] between [date] and [date] referencing [keyword].”
3. Use the right format
Most agencies have an online portal at `foia.[agency].gov`. If not, a letter or email works. Include: - Your name + contact info - A specific description of the records - Your acceptable format (electronic preferred — agencies are slower with paper) - A fee waiver request if applicable - Your willingness to limit scope if costs are estimated high
4. Request a fee waiver
If the records are in the public interest and not for commercial use, request a fee waiver. The legal standard: disclosure must be likely to contribute significantly to public understanding. Cite that exact language.
5. Expect delay; track and escalate
Federal agencies are legally required to respond within 20 working days. They almost universally don’t. Track your request, file an administrative appeal if denied, and after exhausting administrative remedies you can sue under FOIA — many cases get unstuck just by the threat.
6. Useful tools
- MuckRock — files requests on your behalf and publishes the results - Reporters Committee for Freedom of the Press — legal hotline for journalists (and sometimes non-journalists) - FOIA Project — tracks FOIA litigation, useful for finding precedents
Why this matters for news consumers
Most major investigative journalism stories begin with a FOIA request — sometimes filed years before the story. When you read a story citing “records obtained by [outlet]”, those records were almost always obtained via FOIA or state-equivalent public records laws.
You can do this yourself for any subject that interests you. Most government records are not classified — they’re just not actively published. FOIA is how you pry them loose.
Related: Open-source intelligence · Anonymous source · Primary source.