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FOIA and Open Records Requests Needed — Warehouse Profiteering Investigation
Research Note
Researched
FOIA and Open Records Requests Needed — Warehouse Profiteering Investigation
1. Non-Disclosure Agreements with Local Officials
What We Know
- The Raskin/Warren letter (March 29, 2026) identifies “inappropriate non-disclosure agreements signed with local officials” as a key concern
- NDAs were used to prevent local officials from publicly disclosing that ICE was planning detention facilities in their jurisdictions
- Legal scholars and state AGs question whether federal NDAs can override state open records/sunshine laws
Requests to File
State open records requests (faster, fewer exemptions than federal FOIA):
| Jurisdiction | Request To | What to Request |
|---|
| Bradford County, FL | County Commissioners | Any NDA, confidentiality agreement, or non-disclosure agreement signed with DHS, ICE, or any federal agency regarding the Douglas Building or detention facility plans |
| Social Circle, GA / Walton County | City Manager Eric Taylor / County Commissioners | Same — any NDA with federal agencies regarding the warehouse at [address] |
| Surprise, AZ / Maricopa County | City Council | Same — NDAs regarding the ICE warehouse purchase |
| Schuylkill County, PA (Tremont) | County Commissioners | Same — NDAs regarding the Big Lots/Blue Owl warehouse |
| Washington County, MD (Williamsport) | County Commissioners | Same — NDAs regarding the Hagerstown Crossroads property |
| Salt Lake City, UT | Mayor’s office / City Council | Same — NDAs regarding 6020 W 300 S warehouse |
| Morris County, NJ (Roxbury) | Township Council | Same — NDAs regarding 1879 Route 46 warehouse |
| El Paso County, TX (Socorro) | City of Socorro | Same — NDAs regarding the Gateway Boulevard warehouses |
Key legal argument: In most states, public officials cannot contractually waive their obligations under state open records/sunshine laws. An NDA signed by a county commissioner that prevents disclosure of a $129M federal real estate transaction may be void on its face under state law.
Federal FOIA requests:
| Agency | What to Request |
|---|
| DHS | All template or executed NDAs, confidentiality agreements, or non-disclosure agreements between DHS/ICE and state, county, or municipal officials regarding warehouse acquisitions under the Detention Reengineering Initiative (FY2025-2026) |
| DHS | Communications between DHS Office of General Counsel and local officials regarding confidentiality terms of warehouse purchase negotiations |
2. Appraisals (or Lack Thereof)
What We Know
- No public evidence that independent appraisals were obtained for $1.074B in warehouse purchases
- The Uniform Relocation Act (49 CFR Part 24) requires independent appraisals before acquisition of real property
- The SLC warehouse was reportedly appraised at ~$130M (per insider source to NYT) vs. $145.4M purchase price and $97.4M tax assessment
- WEXMAC-TITUS military contracting may have been used to argue appraisal requirements don’t apply
Requests to File
| Agency | What to Request |
|---|
| DHS | All independent appraisals, broker price opinions, or fair market value determinations obtained for each of the 11 warehouse properties purchased under the Detention Reengineering Initiative in FY2025-2026. Include the name of the appraiser, date of appraisal, and appraised value for each property. |
| DHS | Any determination, memo, or legal opinion concluding that independent appraisals were not required for warehouse acquisitions conducted through WEXMAC-TITUS |
| NAVSUP (Navy Supply Systems Command) | Task order documentation for each WEXMAC-TITUS task order issued for ICE warehouse acquisition, conversion, or operations — including pricing justification, competitive analysis, and any sole-source or limited competition justification |
| DOD Inspector General | Any ongoing or planned audit, review, or investigation of WEXMAC-TITUS task orders issued for DHS/ICE detention operations |
3. WEXMAC-TITUS Contract Vehicle
Requests to File
| Agency | What to Request |
|---|
| NAVSUP | Complete list of pre-qualified vendors under WEXMAC-TITUS (WEXMAC 2.1), including date added and qualification basis |
| NAVSUP | The modification(s) that expanded the WEXMAC contract ceiling from $10B to $65B, and the justification memo for each ceiling increase |
| NAVSUP | The modification(s) that added domestic immigration detention to the WEXMAC scope of work (originally overseas military logistics) |
| DOD | Any agreement, MOU, or interagency transfer between DOD and DHS authorizing the use of WEXMAC for civilian detention operations |
4. Brokerage Contracts
What We Know
- SK2 LLC (co-founded by former CBRE exec Steven Kelley) received $5.9M ICE property acquisition contract on Jan 7, 2026
- CBRE brokered the Williamsport sale
- Newmark Group received a Raskin/Warren letter as one of six target companies
Requests to File
| Agency | What to Request |
|---|
| DHS | All contracts with real estate brokerage firms for the acquisition of warehouse properties under the Detention Reengineering Initiative, including SK2 LLC, CBRE, Newmark, and any other brokers. Include contract value, scope, and any commission or success fee structures. |
5. Blue Owl / Conflict of Interest
Requests to File
| Agency | What to Request |
|---|
| Office of Government Ethics | Ethics waivers, recusal agreements, or conflict-of-interest determinations for any official with Blue Owl Capital investments who participated in decisions regarding the Detention Reengineering Initiative warehouse acquisitions |
| Department of the Navy | Any recusal or ethics determination for Secretary John Phelan regarding WEXMAC-TITUS task orders, given his disclosed Blue Owl Capital investments |
| GSA | Any ethics determination regarding John Russell McGranahan’s participation in real estate procurement decisions while holding Blue Owl investments |
Priority Order
- NDAs (state open records — fastest return, most likely to produce documents)
- Appraisals (federal FOIA — the absence of appraisals is itself the story)
- Blue Owl ethics determinations (OGE — the Phelan conflict is the sharpest)
- WEXMAC-TITUS scope modifications (NAVSUP — establishes the procurement bypass)
- Brokerage contracts (DHS — the SK2/CBRE connection)
Notes
- Federal FOIA timelines are typically 20 business days (simple) to months/years (complex). State open records requests are generally faster.
- Consider filing with DHS IG as well — they have an active investigation and may be more responsive.
- Expedited processing may be available under FOIA if the information is “urgently needed to inform the public about actual or alleged federal government activity” (5 U.S.C. 552(a)(6)(E)).
- The April 13 Raskin/Warren contractor response deadline may produce documents that reduce the need for some of these requests.