ACLU goes to court for information on Operation Stonegarden.

Annette Martínez Orabona, executive director of the ACLU of Puerto Rico (LinkedIn)

By THE STAR STAFF

The American Civil Liberties Union of Puerto Rico filed a writ of mandamus on Monday on behalf of journalist Carlos Berríos Polanco, demanding that the Puerto Rico Police Bureau release public information regarding Operation Stonegarden.

“We are talking about information concerning the use of public funds, coordination with federal agencies, equipment acquisition, and civil rights safeguards,” ACLU of Puerto Rico Legal Director Fermín Arraiza Navas said in a written statement. “That information does not belong to the agency, but to the country.”

“The law does not allow an agency to simply remain silent, let the deadline expire, and treat access to information as if it were optional,” Arraiza Navas added.

The petition was filed before the Court of First Instance in San Juan and was directed at Police Commissioner Joseph González Falcón. The writ asserts that the Police Bureau failed to respond -- within the timeframe stipulated by the Law on Transparency and Expedited Procedures for Access to Public Information -- to a request filed on Feb. 19 of this year.

Berríos Polanco requested documents regarding the administration and allocation of Operation Stonegarden funds, as well as proposals, memoranda of understanding, and cooperation or sub-grant agreements signed with federal agencies between fiscal years 2018 and 2025. He also requested operational reports and data on arrests, citations, and other interventions carried out during those operations.

Operation Stonegarden is a Department of Homeland Security grant program, typically providing around $90 million annually to state, local and tribal law enforcement to enhance border security, according to FEMA.gov.

The ACLU of Puerto Rico said the law establishes a 20-business-day timeframe for addressing public information requests, noting that, in this case, the period began on Feb. 20 and expired on March 20. It added that, in the absence of a response or an extension, the Transparency Portal marked the request with the status of “administrative silence.”

Annette Martínez Orabona, executive director of the ACLU of Puerto Rico, asserted that access to public information is a constitutional right indispensable for overseeing power and for enabling the citizenry to evaluate government actions based on data and facts.

The request also seeks access to operational policies and training materials regarding the use of force, interactions with civilians, authority to intervene in immigration matters, and protocols for referring individuals to federal custody. Furthermore, it requests documents concerning civil rights safeguards, language access, discrimination prevention, complaint mechanisms, and community impact.