Privacy Act of 1974; United States Immigration and Customs Enforcement-011 Removable Alien Records System of Records, 20719-20722 [E9-10260]
Download as PDF
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
Dated: April 28, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–10318 Filed 5–4–09; 8:45 am]
Immigration and Customs Enforcement.
For privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–9L–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0031]
Privacy Act of 1974; United States
Immigration and Customs
Enforcement–011 Removable Alien
Records System of Records
Privacy Office; DHS.
Notice of amended Privacy Act
system of records.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to amend
DHS/ICE–011 Removable Alien Records
System to add two new routine uses.
These routine uses would allow U.S.
Immigration and Customs Enforcement
to share information about individuals
in ICE detention with entities that seek
to provide legal educational and
orientation programs. DHS is seeking
public comment on these proposed
routine uses.
DATES: Written comments must be
submitted on or before June 4, 2009.
This new system will be effective June
4, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0031 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Lyn
Rahilly (202–732–3300), United States
Immigration and Customs Enforcement
Privacy Officer, United States
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23:12 May 04, 2009
Jkt 217001
I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security proposes to amend a U.S.
Immigration and Customs Enforcement
(ICE) system of records known as the
DHS/ICE–011 Removable Alien Records
System (RARS) (74 FR 5665, Jan. 30,
2009) to add two new routine uses.
RARS contains information about
individual aliens who have been
removed or are alleged to be removable
from the United States by DHS/ICE
under Federal immigration laws. These
new routine uses would allow ICE to
share information about aliens who are
in ICE detention during removal
proceedings with entities that seek to
provide legal educational and
orientation programs to persons in ICE
detention.
Specifically, proposed Routine Use Q
would permit ICE to share information
about aliens in removal proceedings
with the U.S. Department of Justice’s
Executive Office of Immigration Review
(EOIR) or their contractors, consultants,
or others performing or working on a
contract for EOIR, so that EOIR may
arrange for the provision of educational
services to those aliens under EOIR’s
Legal Orientation Program. New Routine
Use R would allow the sharing of the
same information with attorneys or legal
representatives for the purpose of
facilitating group presentations to aliens
in detention that will provide the aliens
with information about their rights
under U.S. immigration law and
procedures. Routine Use R would
support know-your-rights educational
programs that are sponsored by private
sector law firms and public interest
legal organizations, but are not
associated with the EOIR Legal
Orientation Program.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
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20719
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
DHS/ICE Removable Alien Records
System.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget (OMB) and to
Congress.
SYSTEM OF RECORDS
DHS/ICE–011
SYSTEM NAME:
Removable Alien Records System
(RARS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the United
States Immigration and Customs
Enforcement Headquarters in
Washington, DC and in field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include aliens removed and
alleged to be removable by DHS/ICE.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
may include:
• Alien’s name;
• Alien file number;
• Date of birth;
• Country of birth;
• United States addresses;
• Foreign addresses;
• ICE case file number;
• Subject ID and Person ID;
• Fingerprint Identification (FINS)
number;
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Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
• Bureau of Prisons/U.S. Marshals
Service number;
• FBI number;
• Event ID;
• Immigration bond number;
• Charge;
• Amount of bond;
• Hearing date;
• Case assignment;
• Scheduling date;
• Sections of law under which
excludability/removability is alleged;
• Data collected to support DHS/ICE’s
position on excludability/removability,
including information on any violations
of law and conviction information;
• Date, place, and type of last entry
into the United States;
• Attorney/representative’s contact
information (Last Name; First Name;
Middle Name; Suffix; Law Firm; Dates
of representation; whether a G–28 has
been filed)
• Family data;
• DHS/ICE agents assigned;
• Employer Information: (Employer
Name; Employment Start Date and End
Date; County; Address; Zip Code;
Telephone number; Compensation
Type; Salary/Wage;);
• Government decisions concerning
an individual’s request for immigration
benefits and information about other
immigration-related actions by the
Government (e.g., dismissals, entry of
orders of removal, etc.); and
• Other case-related information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C.
1103, 1227, 1228, 1229, 1229a, and
1231.
PURPOSE(S):
The purpose of this system is to assist
DHS/ICE in the removal and detention
of aliens in accordance with
immigration and nationality laws. This
system also serves as a docket and
control system by providing
management with information
concerning the status and/or disposition
of removable aliens.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
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body, when it is necessary to the
litigation and one of the following is a
party to the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her
official capacity;
3. any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. the United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
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requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
Tribal, local, international, or foreign
law enforcement agency or other
appropriate authority charged with
investigating or prosecuting a violation
or enforcing or implementing a law,
rule, regulation, or order, where a
record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
H. To a court, magistrate,
administrative tribunal, opposing
counsel, parties, and witnesses, in the
course of a civil or criminal proceeding
before a court or adjudicative body
when
1. DHS or any component thereof; or
2. any employee of DHS in his or her
official capacity; or
3. any employee of DHS in his or her
individual capacity where the agency
has agreed to represent the employee; or
4. the United States, where DHS
determines that litigation is likely to
affect DHS or any of its components, is
a party to litigation or has an interest in
such litigation, and DHS determines
that use of such records is relevant and
necessary to the litigation, provided
however that in each case, DHS
determines that disclosure of the
information to the recipient is a use of
the information that is compatible with
the purpose for which it was collected.
I. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings.
J. To other Federal, State, local, or
foreign government agencies,
individuals, and organizations during
the course of an investigation,
proceeding, or activity within the
purview of immigration and nationality
laws to elicit information required by
DHS/ICE to carry out its functions and
statutory mandates.
K. To the appropriate foreign
government agency charged with
enforcing or implementing laws where
there is an indication of a violation or
potential violation of the law of another
nation (whether civil or criminal), and
to international organizations engaged
in the collection and dissemination of
intelligence concerning criminal
activity.
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L. To other Federal agencies for the
purpose of conducting national
intelligence and security investigations.
M. To any Federal agency, where
appropriate, to enable such agency to
make determinations regarding the
payment of Federal benefits to the
record subject in accordance with that
agency’s statutory responsibilities.
N. To an actual or potential party or
his or her attorney for the purpose of
negotiation or discussion on such
matters as settlement of the case or
matter, or informal discovery
proceedings.
O. To foreign governments for the
purpose of coordinating and conducting
the removal of aliens from the United
States to other nations.
P. To family members and attorneys
or other agents acting on behalf of an
alien to assist those individuals in
determining whether (1) the alien has
been arrested by DHS for immigration
violations, and (2) the location of the
alien if in DHS custody, provided
however, that the requesting individuals
are able to verify the alien’s date of birth
or Alien Registration Number (A–
Number), or can otherwise present
adequate verification of a familial or
agency relationship with the alien.
Q. To the U.S. Department of Justice
Executive Office of Immigration Review
(EOIR) or their contractors, consultants,
or others performing or working on a
contract for EOIR, for the purpose of
providing information about aliens who
are or may be placed in removal
proceedings so that EOIR may arrange
for the provision of educational services
to those aliens under EOIR’s Legal
Orientation Program.
R. To attorneys or legal
representatives for the purpose of
facilitating group presentations to aliens
in detention that will provide the aliens
with information about their rights
under U.S. immigration law and
procedures.
S. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
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23:12 May 04, 2009
Jkt 217001
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records are retrieved by Name, A-file
number, alien’s Bureau of Prisons/U.S.
Marshal number, case number, subject
ID, person ID, FINS number, event ID,
state ID, FBI number, and/or bond
number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security access policies. Strict controls
have been imposed to minimize the risk
of compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RETENTION AND DISPOSAL:
Cases that have been closed for a year
are archived and stored in the database
for 75 years, then deleted. Copies of
forms used within this system of records
are placed in the alien’s file. Electronic
copies of records (copies from electronic
mail and word processing systems)
which are produced and made part of
the file are deleted within 180 days after
the recordkeeping copy is produced.
20721
writing to United States Immigration
and Customs Enforcement, Freedom of
Information Act Office, 800 North
Capitol Street, NW., Room 585,
Washington, DC 20536.
When seeking records about yourself
from this system of records or any other
ICE system of records your request must
conform with the Privacy Act
regulations set forth in 6 CFR Part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
ICE may not be able to conduct an
effective search, and your request may
be denied due to lack of specificity or
lack of compliance with applicable
regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
SYSTEM MANAGER AND ADDRESS:
Director, Detention and Removal
Operations, Immigration and Customs
Enforcement Headquarters, 500 12th
Street, SW., Washington, DC 20024.
Alien; alien’s attorney/representative;
DHS/ICE agent; other Federal, State,
local and foreign agencies; and the
courts.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
CBP will consider requests individual
requests to determine whether or not
information may be released. Thus,
individuals seeking notification of and
access to any record contained in this
system of records, or seeking to contest
its content, may submit a request in
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The Secretary of Homeland Security
has exempted this system from
subsections (c)(3) and (4), (d), (e)(1), (2),
and (3), (e)(4)(G) and (H), (e)(5) and (8),
(f), and (g) of the Privacy Act pursuant
to 5 U.S.C. 552a(j)(2). In addition, the
Secretary of Homeland Security has
exempted portions of this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G)
and (H), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). These
exemptions apply only to the extent that
records in the system are subject to
exemption pursuant to 5 U.S.C.
552a(j)(2) and (k)(2).
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20722
Federal Register / Vol. 74, No. 85 / Tuesday, May 5, 2009 / Notices
Dated: April 28, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–10260 Filed 5–4–09; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary; Published
Privacy Impact Assessments on the
Web
Privacy Office, DHS.
Notice of Publication of Privacy
Impact Assessments.
AGENCY:
ACTION:
SUMMARY: The Privacy Office of the
Department of Homeland Security is
making available four Privacy Impact
Assessments on various programs and
systems in the Department. These
assessments were approved and
published on the Privacy Office’s Web
site between January 1, 2009, and March
31, 2009.
DATES: The Privacy Impact Assessments
will be available on the DHS Web site
until July 6, 2009, after which they may
be obtained by contacting the DHS
Privacy Office (contact information
below).
FOR FURTHER INFORMATION CONTACT:
Mary Ellen Callahan, Chief Privacy
Officer, Department of Homeland
Security, Washington, DC 20528, or email: pia@dhs.gov.
SUPPLEMENTARY INFORMATION: Between
January 1, 2009, and March 31, 2009,
the Chief Privacy Officer of the
Department of Homeland Security
(DHS) approved and published four
Privacy Impact Assessments (PIAs) on
the DHS Privacy Office Web site,
https://www.dhs.gov/privacy, under the
link for ‘‘Privacy Impact Assessments.’’
These PIAs cover four separate DHS
programs. Below is a short summary of
those programs, indicating the DHS
component responsible for the system,
and the date on which the PIA was
approved. Additional information can
be found on the Web site or by
contacting the Privacy Office.
System: Correspondence Handling
and Management Planning System.
Component: U.S. Citizenship and
Immigration Services.
Date of approval: January 13, 2009.
The U.S. Citizenship and Immigration
Service (USCIS), Texas Service Center
developed the Correspondence
Handling and Management Planning
System (CHAMPS). The CHAMPS
system is designed to facilitate
workflow management, production
evaluation, and time and attendance
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23:12 May 04, 2009
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functions. USCIS conducted this PIA
because CHAMPS collects and uses
personally identifiable information (PII).
System: Directory Services and Email
System.
Component: DHS Wide.
Date of approval: January 14, 2009.
The U.S. Coast Guard manages and
operates the Directory Services
Electronic Mail System (DSES). DSES
currently handles all e-mail traffic in,
out, and between DHS, its Components,
and the Internet, and provides a
directory of users’ official contact
information. This PIA was conducted to
assess the risks associated with the
processing, storage, and transmission of
PII within the DSES system.
System: Maryland 3.
Component: Transportation Security
Administration.
Date of approval: February 20, 2009.
The Transportation Security
Administration (TSA) conducts namebased Security Threat Assessments
(STA) and fingerprint-based Criminal
History Records Checks (CHRCs) on
pilots who operate aircraft and apply for
privileges to fly to or from the three
General Aviation airports in the
Washington, DC restricted flight zones
(Potomac Airfield, Washington
Executive/Hyde Field, and College Park
Airport), otherwise known as the
Maryland Three (MD–3) program, and
for the Airport Security Coordinator
(ASC) at a MD–3 airport. For the STA
process, TSA compares the biographical
information of these pilots and ASCs,
hereafter referred to as individuals,
against Federal terrorist, immigration,
and law enforcement databases. For the
CHRC, TSA forwards the fingerprints to
the Federal Bureau of Investigation,
which conducts fingerprint-based
CHRCs on individuals.
System: Department of Homeland
Security General Contact List.
Component: DHS Wide.
Date of approval: March 27, 2009.
Many DHS operations and projects
collect a minimal amount of contact
information in order to distribute
information and perform various other
administrative tasks. Department
Headquarters conducted this PIA
because contact lists contain PII. The
Department added the following
systems to this PIA:
• National Protection and Programs
Directorate Vehicle-Borne Explosive
Device (VBIED) Training.
• U.S. Coast Guard 2009 World
Maritime Day Parallel Event.
• Transportation Security
Administration Inquiry Management
System (IMS).
• Science and Technology Project
Execution System.
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• Science and Technology MultiBand Radio Project.
• United States Citizenship and
Immigration Services Teachers of
English to Speakers of Other Languages
(TESOL) Conference Booth Follow Up
List.
• DHS Sunflower Asset Management
System (SAMS).
• United States Citizenship and
Immigration Services Customer Service
Portal Alert by Mail.
• United States Citizenship and
Immigration Services Customer Service
Portal Forms by Mail.
• U.S. Coast Guard Navigation
Systems Information Dissemination
Network (NSIDN).
• U.S. Coast Guard List Server
(CGLS).
Dated: April 28, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–10261 Filed 5–4–09; 8:45 am]
BILLING CODE 9110–9L–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form I–140, Revision of a
Currently Approved Information
Collection; Comment Request
ACTION: 60-Day Notice of Information
Collection Under Review: Form I–140,
Immigrant Petition for Alien Worker;
OMB Control Number 1615–0015.
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS), has
submitted the following information
collection request for review and
clearance in accordance with the
Paperwork Reduction Act of 1995. The
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for
sixty days until July 6, 2009.
Written comments and suggestions
regarding items contained in this notice,
and especially with regard to the
estimated public burden and associated
response time should be directed to the
Department of Homeland Security
(DHS), USCIS, Chief, Regulatory
Products Division, 111 Massachusetts
Avenue, NW., Washington, DC 20529–
2210. Comments may also be submitted
to DHS via facsimile to 202–272–8352,
or via e-mail at rfs.regs@dhs.gov. When
submitting comments by e-mail, please
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Agencies
[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20719-20722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10260]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0031]
Privacy Act of 1974; United States Immigration and Customs
Enforcement-011 Removable Alien Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of amended Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to amend DHS/ICE-011 Removable Alien Records
System to add two new routine uses. These routine uses would allow U.S.
Immigration and Customs Enforcement to share information about
individuals in ICE detention with entities that seek to provide legal
educational and orientation programs. DHS is seeking public comment on
these proposed routine uses.
DATES: Written comments must be submitted on or before June 4, 2009.
This new system will be effective June 4, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0031 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at https://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly (202-732-3300), United States Immigration and Customs
Enforcement Privacy Officer, United States Immigration and Customs
Enforcement. For privacy issues please contact: Mary Ellen Callahan
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to amend a U.S. Immigration and Customs
Enforcement (ICE) system of records known as the DHS/ICE-011 Removable
Alien Records System (RARS) (74 FR 5665, Jan. 30, 2009) to add two new
routine uses. RARS contains information about individual aliens who
have been removed or are alleged to be removable from the United States
by DHS/ICE under Federal immigration laws. These new routine uses would
allow ICE to share information about aliens who are in ICE detention
during removal proceedings with entities that seek to provide legal
educational and orientation programs to persons in ICE detention.
Specifically, proposed Routine Use Q would permit ICE to share
information about aliens in removal proceedings with the U.S.
Department of Justice's Executive Office of Immigration Review (EOIR)
or their contractors, consultants, or others performing or working on a
contract for EOIR, so that EOIR may arrange for the provision of
educational services to those aliens under EOIR's Legal Orientation
Program. New Routine Use R would allow the sharing of the same
information with attorneys or legal representatives for the purpose of
facilitating group presentations to aliens in detention that will
provide the aliens with information about their rights under U.S.
immigration law and procedures. Routine Use R would support know-your-
rights educational programs that are sponsored by private sector law
firms and public interest legal organizations, but are not associated
with the EOIR Legal Orientation Program.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the DHS/ICE Removable
Alien Records System.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
SYSTEM OF RECORDS
DHS/ICE-011
System name:
Removable Alien Records System (RARS).
Security classification:
Unclassified.
System location:
Records are maintained at the United States Immigration and Customs
Enforcement Headquarters in Washington, DC and in field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include aliens
removed and alleged to be removable by DHS/ICE.
Categories of records in the system:
Categories of records in this system may include:
Alien's name;
Alien file number;
Date of birth;
Country of birth;
United States addresses;
Foreign addresses;
ICE case file number;
Subject ID and Person ID;
Fingerprint Identification (FINS) number;
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Bureau of Prisons/U.S. Marshals Service number;
FBI number;
Event ID;
Immigration bond number;
Charge;
Amount of bond;
Hearing date;
Case assignment;
Scheduling date;
Sections of law under which excludability/removability is
alleged;
Data collected to support DHS/ICE's position on
excludability/removability, including information on any violations of
law and conviction information;
Date, place, and type of last entry into the United
States;
Attorney/representative's contact information (Last Name;
First Name; Middle Name; Suffix; Law Firm; Dates of representation;
whether a G-28 has been filed)
Family data;
DHS/ICE agents assigned;
Employer Information: (Employer Name; Employment Start
Date and End Date; County; Address; Zip Code; Telephone number;
Compensation Type; Salary/Wage;);
Government decisions concerning an individual's request
for immigration benefits and information about other immigration-
related actions by the Government (e.g., dismissals, entry of orders of
removal, etc.); and
Other case-related information.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 1103, 1227, 1228, 1229,
1229a, and 1231.
Purpose(s):
The purpose of this system is to assist DHS/ICE in the removal and
detention of aliens in accordance with immigration and nationality
laws. This system also serves as a docket and control system by
providing management with information concerning the status and/or
disposition of removable aliens.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, Tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To a court, magistrate, administrative tribunal, opposing
counsel, parties, and witnesses, in the course of a civil or criminal
proceeding before a court or adjudicative body when
1. DHS or any component thereof; or
2. any employee of DHS in his or her official capacity; or
3. any employee of DHS in his or her individual capacity where the
agency has agreed to represent the employee; or
4. the United States, where DHS determines that litigation is
likely to affect DHS or any of its components, is a party to litigation
or has an interest in such litigation, and DHS determines that use of
such records is relevant and necessary to the litigation, provided
however that in each case, DHS determines that disclosure of the
information to the recipient is a use of the information that is
compatible with the purpose for which it was collected.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings.
J. To other Federal, State, local, or foreign government agencies,
individuals, and organizations during the course of an investigation,
proceeding, or activity within the purview of immigration and
nationality laws to elicit information required by DHS/ICE to carry out
its functions and statutory mandates.
K. To the appropriate foreign government agency charged with
enforcing or implementing laws where there is an indication of a
violation or potential violation of the law of another nation (whether
civil or criminal), and to international organizations engaged in the
collection and dissemination of intelligence concerning criminal
activity.
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L. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
M. To any Federal agency, where appropriate, to enable such agency
to make determinations regarding the payment of Federal benefits to the
record subject in accordance with that agency's statutory
responsibilities.
N. To an actual or potential party or his or her attorney for the
purpose of negotiation or discussion on such matters as settlement of
the case or matter, or informal discovery proceedings.
O. To foreign governments for the purpose of coordinating and
conducting the removal of aliens from the United States to other
nations.
P. To family members and attorneys or other agents acting on behalf
of an alien to assist those individuals in determining whether (1) the
alien has been arrested by DHS for immigration violations, and (2) the
location of the alien if in DHS custody, provided however, that the
requesting individuals are able to verify the alien's date of birth or
Alien Registration Number (A-Number), or can otherwise present adequate
verification of a familial or agency relationship with the alien.
Q. To the U.S. Department of Justice Executive Office of
Immigration Review (EOIR) or their contractors, consultants, or others
performing or working on a contract for EOIR, for the purpose of
providing information about aliens who are or may be placed in removal
proceedings so that EOIR may arrange for the provision of educational
services to those aliens under EOIR's Legal Orientation Program.
R. To attorneys or legal representatives for the purpose of
facilitating group presentations to aliens in detention that will
provide the aliens with information about their rights under U.S.
immigration law and procedures.
S. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records are retrieved by Name, A-file number, alien's Bureau of
Prisons/U.S. Marshal number, case number, subject ID, person ID, FINS
number, event ID, state ID, FBI number, and/or bond number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
system security access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
Retention and Disposal:
Cases that have been closed for a year are archived and stored in
the database for 75 years, then deleted. Copies of forms used within
this system of records are placed in the alien's file. Electronic
copies of records (copies from electronic mail and word processing
systems) which are produced and made part of the file are deleted
within 180 days after the recordkeeping copy is produced.
System Manager and address:
Director, Detention and Removal Operations, Immigration and Customs
Enforcement Headquarters, 500 12th Street, SW., Washington, DC 20024.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, CBP will consider
requests individual requests to determine whether or not information
may be released. Thus, individuals seeking notification of and access
to any record contained in this system of records, or seeking to
contest its content, may submit a request in writing to United States
Immigration and Customs Enforcement, Freedom of Information Act Office,
800 North Capitol Street, NW., Room 585, Washington, DC 20536.
When seeking records about yourself from this system of records or
any other ICE system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the ICE may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Alien; alien's attorney/representative; DHS/ICE agent; other
Federal, State, local and foreign agencies; and the courts.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and
(H), (e)(5) and (8), (f), and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2). In addition, the Secretary of Homeland Security has
exempted portions of this system from subsections (c)(3), (d), (e)(1),
(e)(4)(G) and (H), and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2). These exemptions apply only to the extent that records in
the system are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and
(k)(2).
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Dated: April 28, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-10260 Filed 5-4-09; 8:45 am]
BILLING CODE 9111-28-P