FOIA In 2025: Beat the Backlog, Avoid Lawsuits and Reduce Cyber Risk

A New Administration Likely to Repeat Old Patterns

Naturally, FOIA activity has always been shaped by the administration in power. The president not only sets the tone for transparency and accountability in government conduct — the very principles upon which FOIA is built — but also makes key decisions about resource allocation that directly impact agency efficiency.
The latter is particularly relevant for FOIA given the persistent backlogs and challenges agencies face in responding to requests within the mandated 20 business days.

As of Q3 2024, the Biden administration had over 222,000 backlogged requests — a 10% increase from the prior year. Larger requests (involving over 50 documents) often took up to two years. Frustrated requesters increasingly seek recourse through litigation, further straining agency resources.
Based on historical data, these conditions will likely worsen under the new administration. During President Trump’s first term, FOIA requests reached historic highs, fueled by journalists, advocacy groups, and regular citizens with a heightened interest in the inner workings of the government due to an unconventional president.
Transition years typically bring a flurry of FOIA activity as requesters pursue context on how appointees are vetted and look for signals of early policy shifts. The current year is no exception; agencies slated to get new leadership are already dealing with an influx of requests. Agencies in areas where Trump has signaled sweeping policy shifts (think: immigration and international relations) should also brace for a substantial surge.
Interestingly, the newly formed Department of Government Efficiency (DOGE) commission is not officially classified as an agency, meaning it’s currently exempt from FOIA requirements — an ironic loophole for an initiative designed to target efficiency challenges like FOIA backlogs. If DOGE ever becomes an official agency, we can expect to see a flood of FOIA activity there, too.
Amidst an impending rise in FOIA requests, Trump has already instituted a federal hiring freeze and promised to carry out workforce reductions as well, both of which threaten to exacerbate backlogs and litigation risks.