Privacy Act of 1974; Department of Homeland Security United States Immigration Customs and Enforcement-011 Immigration and Enforcement Operational Records System of Records, 23274-23279 [2010-10286]
Download as PDF
23274
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
Circ Res. 2010 Apr 2;106(6):1129–1133.
[PubMed: 20167928].
Patent Status: U.S. Provisional
Application No. 61/245,586 filed 24 Sep
2009 (HHS Reference No. E–290–2009/
0–US–01).
Licensing Status: Available for
licensing.
Licensing Contacts: Uri Reichman,
PhD, MBA; 301–435–4616;
UR7a@nih.gov, or Michael Shmilovich,
Esq.; 301–435–5019;
ShmilovichM@mail.nih.gov.
Collaborative Research Opportunity:
The National Heart, Lung, and Blood
Institute, Laboratory of Cardiac
Energetics, is seeking statements of
capability or interest from parties
interested in collaborative research to
further develop, evaluate, or
commercialize automatic 3D volumetric
motion tracking systems for use during
in vivo microscopy. Please contact
Denise Crooks, PhD at 301–435–0103 or
crooksd@nhlbi.nih.gov for more
information.
Dated: April 26, 2010.
Richard U. Rodriguez,
Director, Division of Technology Development
and Transfer, Office of Technology Transfer,
National Institutes of Health.
[FR Doc. 2010–10264 Filed 4–30–10; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0031]
Privacy Act of 1974; Department of
Homeland Security United States
Immigration Customs and
Enforcement—011 Immigration and
Enforcement Operational Records
System of Records
Privacy Office, DHS.
Notice of amendment of Privacy
Act system of records.
AGENCY:
erowe on DSK5CLS3C1PROD with NOTICES
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration
and Customs Enforcement is updating
an existing system of records titled,
Department of Homeland Security/U.S.
Immigration and Customs
Enforcement—011 Immigration and
Enforcement Operational Records
System of Records (ENFORCE). With the
publication of this updated system of
records, a new routine use has been
proposed. The routine use would
support the deployment of the ICE
Online Detainee Locator System, which
provides a searchable online database to
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
help members of the public locate
detainees in ICE custody. This routine
use would also support the sharing of
information about ICE detainees for the
purpose of allowing family members
and other individuals to deposit money
in detainee accounts for telephone and
commissary services within a detention
facility. A Privacy Impact Assessment
that describes the Online Detainee
Locator System is being published
concurrently with this notice. It can be
found on the DHS Web site at https://
www.dhs.gov/privacy. This updated
system will continue to be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
June 2, 2010. This amended system will
be effective June 2, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0031 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 to 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: Lyn
Rahilly (703–732–3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement, 500 12th Street, SW., Mail
Stop 5004, Washington, DC 20536; or
Mary Ellen Callahan (703–235–0780),
Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
ICE is proposing a new routine use to
permit sharing of limited information
about current and former persons in ICE
custody through the Online Detainee
Locator System (ODLS). ODLS is a
publicly accessible, Web-based system
owned by U.S. Immigration and
Customs Enforcement (ICE) Office of
Detention and Removal Operations
(DRO).
DRO is responsible for promoting
public safety and national security by
arresting, detaining, and removing
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
persons from the United States in
accordance with the Immigration and
Nationality Act. ICE developed ODLS as
a service to the public, especially family
members and legal representatives, to
help locate individuals arrested for
administrative immigration violations
and who are in or have recently left ICE
custody (‘‘detainees’’). Currently,
members of the public must contact a
DRO field office by phone to determine
the location of a detainee. With the
deployment of this automated system,
the public will be able to locate
detainees more quickly and efficiently
through an online query. The system
will ultimately be available in several
languages to help users whose native
language is not English.
ODLS is a Web-based system that is
accessible from an Internet browser and
may be used by any member of the
public. ODLS is scheduled to deploy in
June 2010, and will be accessible by
visiting ICE’s public Web site (https://
www.ice.gov/locator). Persons using
ODLS do not need to set up an account
or get special permission to use the
system. ODLS provides two ways to
search for a detainee: (1) Perform a
query using an Alien Registration
Number (A–Number) and country of
birth; or (2) perform a query using a full
name and country of birth. After
receiving the query entered by the user,
ODLS searches for a match among
current ICE detainees and detainees
who have been booked out of ICE
custody (regardless of the reason) within
the last 60 days. All records that match
the user’s query are returned to the user
in a list of one or more search results.
ODLS only performs exact-match
searches. This means that the search
query entered by the user (specifically,
the name or A–Number) must exactly
match the information in a detention
record in order for the record to be
identified as a match and included in
the ODLS search results. For example, a
search for ‘‘Robert Smith’’ will not return
a detention record for ‘‘Robert Smyth’’ or
‘‘Bob Smith.’’ When conducting an A–
Number search, ODLS users will see a
maximum of one record in the results
because A–Numbers are assigned to
individuals uniquely. When conducting
a name-based search, however, ODLS
users may see multiple records in the
results if several detainees share the
same name and country of birth. Users
may use the year of birth provided in
the results to distinguish among
detainees with the same name.
ODLS only contains information
about individuals who are currently in
ICE custody or were previously detained
by ICE within the past 60 days. If a
search is performed for detainees who
E:\FR\FM\03MYN1.SGM
03MYN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
have never been in ICE custody or were
released from ICE custody more than 60
days ago, ODLS will return a result of
‘‘no records found.’’ If a matching
detainee record is found, the ODLS
results screen will display the detainee’s
custody status as either ‘‘in custody’’ or
‘‘not in custody.’’ An ‘‘in custody’’ status
means the individual is currently in ICE
custody, and ODLS will display the
detention facility where the person is
being held, the contact information for
the facility, a link to the facility’s Web
site, and the contact information for the
DRO office responsible for the
detainee’s immigration case. A status of
‘‘not in custody’’ means the individual
was released from ICE custody within
the last 60 days for any reason. The ‘‘not
in custody’’ status will be displayed if
the individual was removed from or
voluntarily departed the United States,
was released on bond or through an
alternatives-to-detention program, was
released into the United States due to
the resolution of their immigration case
(e.g., grant of an immigration benefit
that permits them to remain in the
country), or was transferred into the
custody of another law enforcement or
custodial agency. For individuals
released from ICE custody within the
last 60 days, ODLS displays contact
information for the DRO office
responsible for the detainee’s
immigration case.
ODLS also provides resources to help
users find or identify the detainee they
are seeking. First, ODLS includes a
frequently asked questions (FAQ) page
to answer common questions about the
system and to help troubleshoot
problems. Second, for those who are
unable to locate the detainee in ODLS,
a link is provided to all DRO offices so
the public can contact the office in the
appropriate geographical area for
assistance. Finally, for every detainee
included in ODLS, the responsible DRO
field office is identified and its contact
information is provided so family
members and attorneys can call to
confirm the detainee’s identity, arrange
for bond, or ask for additional
information. Concurrently with the
publication of this amended SORN, ICE
is publishing a PIA for ODLS on the
Department’s Privacy Office Web site
(https://www.dhs.gov/privacy).
In addition to supporting ODLS, the
proposed routine use would also
support the sharing of information about
ICE detainees for the purpose of
allowing family members and other
individuals to deposit money in
detainee accounts for telephone and
commissary services within a detention
facility. At detention facilities that
house ICE detainees, detainees are able
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
to pay to make telephone calls and to
purchase items in the detention
facility’s commissary. Some detention
facilities have on-site kiosks and Web
site and telephone services that allow
members of the public to deposit money
in detainees’ telephone and/or
commissary accounts for that detention
facility. This proposed routine use
would support the operation of these
kiosks, Web sites, and telephone
systems that allow the public to search
for a detainee at a particular facility and
make a deposit into the detainee’s
account.
In accordance with the Privacy Act of
1974 the Department of Homeland
Security U.S. Immigration and Customs
Enforcement is updating an existing
system of records titled, Department of
Homeland Security/U.S. Immigration
and Customs Enforcement—011
Immigration and Enforcement
Operational Records System of Records
(ENFORCE). With the publication of this
updated system of records, a new
routine use has been proposed. The
routine use would support the
deployment of the ICE Online Detainee
Locator System, which provides a
searchable online database to help
members of the public locate detainees
in ICE custody. This routine use would
also support the sharing of information
about ICE detainees for the purpose of
allowing family members and other
individuals to deposit money in
detainee accounts for telephone and
commissary services within a detention
facility. A Privacy Impact Assessment
that describes the Online Detainee
Locator System is being published
concurrently with this notice. It can be
found on the DHS Web site at https://
www.dhs.gov/privacy. This updated
system will continue to be included in
the Department of Homeland Security’s
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the U.S. 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
from 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 U.S.
citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
23275
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 recordkeeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals to more easily find such
files within the agency. Below is the
description of the DHS/ICE—011
Immigration and Enforcement
Operational Records (ENFORCE) System
of Records.
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 and to
Congress.
System of Records
DHS/ICE–011.
SYSTEM NAME:
Immigration and Enforcement
Operational Records (ENFORCE).
SECURITY CLASSIFICATION:
Unclassified; Controlled Unclassified
Information (CUI).
SYSTEM LOCATION:
Records are maintained at the U.S.
Immigration Customs and Enforcement
(ICE) Headquarters in Washington, DC,
´
ICE field and attache offices, and
detention facilities operated by or on
behalf of ICE, or that otherwise house
individuals detained by ICE.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
1. Individuals arrested, detained, and/
or removed for criminal and/or
administrative violations of the
Immigration and Nationality Act, or
individuals who are the subject of an
ICE immigration detainer issued to
another custodial agency;
2. Individuals arrested by ICE law
enforcement personnel for violations of
Federal criminal laws enforced by ICE
or DHS;
3. Individuals who fail to leave the
United States after receiving a final
order of removal, deportation, or
exclusion, or who fail to report to ICE
E:\FR\FM\03MYN1.SGM
03MYN1
23276
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
for removal after receiving notice to do
so (fugitive aliens);
4. Individuals who are granted parole
into the United States under section
212(d)(5) of the Immigration and
Nationality Act (parolees);
5. Other individuals whose
information may be collected or
obtained during the course of an
immigration enforcement or criminal
matter, such as witnesses, associates,
and relatives;
6. Attorneys or representatives who
represent individuals listed in
categories (a)–(d) above;
7. Persons who post or arrange bond
for the release of an individual from ICE
detention, or receive custodial property
of a detained alien;
8. Personnel of other agencies who
assisted or participated in the arrest or
investigation of an alien, or who are
maintaining custody of an alien; and
9. Prisoners of the U.S. Marshals
Service held in ICE detention facilities.
erowe on DSK5CLS3C1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
1. Biographic, descriptive, historical
and other identifying data, including
but not limited to: Names; fingerprint
identification number (FIN); date and
place of birth; passport and other travel
document information; nationality;
aliases; Alien Registration Number (A–
Number); Social Security Number;
contact or location information (e.g.,
known or possible addresses, phone
numbers); visa information;
employment, educational, immigration,
and criminal history; height, weight, eye
color, hair color and other unique
physical characteristics (e.g., scars and
tattoos).
2. Biometric data: Fingerprints and
photographs. DNA samples required by
DOJ regulation (see 28 CFR part 28) to
be collected and sent to the Federal
Bureau of Investigation (FBI). DNA
samples are not retained or analyzed by
DHS.
3. Information pertaining to ICE’s
collection of DNA samples, limited to
the date and time of a successful
collection and confirmation from the
FBI that the sample was able to be
sequenced. ICE does not receive or
maintain the results of the FBI’s DNA
analysis (i.e., DNA sequences).
4. Case-related data, including: Case
number, record number, and other data
describing an event involving alleged
violations of criminal or immigration
law (location, date, time, event category,
types of criminal or immigration law
violations alleged, types of property
involved, use of violence, weapons, or
assault against DHS personnel or third
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
parties, attempted escape and other
related information; event categories
describe broad categories of criminal
law enforcement, such as immigration
worksite enforcement, contraband
smuggling, and human trafficking). ICE
case management information,
including: Case category, case agent,
date initiated, and date completed.
5. Birth, marriage, education,
employment, travel, and other
information derived from affidavits,
certificates, manifests, and other
documents presented to or collected by
ICE during immigration and law
enforcement proceedings or activities.
This data typically pertains to subjects,
relatives, and witnesses.
6. Detention data on aliens, including
immigration detainers issued;
transportation information; detentionrelated identification numbers;
custodial property; information about an
alien’s release from custody on bond,
recognizance, or supervision; detention
facility; security classification; book-in/
book-out date and time; mandatory
detention and criminal flags; aggravated
felon status; and other alerts.
7. Detention data for U.S. Marshals
Service prisoners, including: Prisoner’s
name, date of birth, country of birth,
detainee identification number, FBI
identification number, state
identification number, book-in date,
book-out date, and security
classification;
8. Limited health information relevant
to an individual’s placement in an ICE
detention facility or transportation
requirements (e.g., general information
on physical disabilities or other special
needs to ensure that an individual is
placed in a facility or bed that can
accommodate their requirements).
Medical records about individuals in
ICE custody (i.e., records relating to the
diagnosis or treatment of individuals)
are maintained in DHS/ICE—013 Alien
Medical Records System of Records;
9. Progress, status and final result of
removal, prosecution, and other DHS
processes and related appeals,
including: Information relating to
criminal convictions, incarceration,
travel documents and other information
pertaining to the actual removal of
aliens from the United States.
10. Contact, biographical and
identifying data of relatives, attorneys or
representatives, associates or witnesses
of an alien in proceedings initiated and/
or conducted by DHS including, but not
limited to: Name, date of birth, place of
birth, telephone number, and business
or agency name.
11. Data concerning personnel of
other agencies that arrested, or assisted
or participated in the arrest or
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
investigation of, or are maintaining
custody of an individual whose arrest
record is contained in this system of
records. This can include: Name, title,
agency name, address, telephone
number and other information.
12. Data about persons who post or
arrange an immigration bond for the
release of an individual from ICE
custody, or receive custodial property of
an individual in ICE custody. This data
may include: Name, address, telephone
number, Social Security Number and
other information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 1225, 1226, 1324, 1357,
1360, and 1365(a)(b); Justice for All Act
of 2004 (Pub. L. 108–405); DNA
Fingerprint Act of 2005 (Pub. L. 109–
162); Adam Walsh Child Protection and
Safety Act of 2006 (Pub. L. 109–248);
and 28 CFR part 28, ‘‘DNA–Sample
Collection and Biological Evidence
Preservation in the Federal
Jurisdiction.’’
PURPOSE(S):
The purposes of this system are:
1. To support the identification,
apprehension, and removal of
individuals unlawfully entering or
present in the United States in violation
of the Immigration and Nationality Act,
including fugitive aliens.
2. To support the identification and
arrest of individuals (both citizens and
non-citizens) who commit violations of
Federal criminal laws enforced by DHS.
3. To track the process and results of
administrative and criminal proceedings
against individuals who are alleged to
have violated the Immigration and
Nationality Act or other laws enforced
by DHS.
4. To support the grant, denial, and
tracking of individuals who seek or
receive parole into the United States.
5. To provide criminal and
immigration history information during
DHS enforcement encounters, and
background checks on applicants for
DHS immigration benefits (e.g.,
employment authorization and
petitions).
6. To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.
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 or information
contained in this system may be
E:\FR\FM\03MYN1.SGM
03MYN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ)
or other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, or 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 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 U.S. 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. DHS 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
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
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, 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, including to an actual or
potential party or his or her attorney, or
in connection with criminal law
proceedings.
I. 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.
J. 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.
K. To other Federal agencies for the
purpose of conducting national
intelligence and security investigations.
L. 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.
M. To foreign governments for the
purpose of coordinating and conducting
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
23277
the removal of aliens to other nations;
and to international, foreign, and
intergovernmental agencies, authorities,
and organizations in accordance with
law and formal or informal international
arrangements.
N. 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; (2) the location of the alien
if in DHS custody; or (3) the alien has
been removed from the United States,
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.
O. To the DOJ 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.
P. 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.
Q. To a Federal, State, tribal or local
government agency to assist such
agencies in collecting the repayment of
recovery of loans, benefits, grants, fines,
bonds, civil penalties, judgments or
other debts owed to them or to the U.S.
Government, and/or to obtain
information that may assist DHS in
collecting debts owed to the U.S.
Government.
R. To the State Department in the
processing of petitions or applications
for immigration benefits and nonimmigrant visas under the Immigration
and Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements; or when the State
Department requires information to
consider and/or provide an informed
response to a request for information
from a foreign, international, or
intergovernmental agency, authority, or
organization about an alien or an
enforcement operation with
transnational implications.
S. To the Office of Management and
Budget (OMB) in connection with the
review of private relief legislation as set
forth in OMB Circular No. A–19 at any
E:\FR\FM\03MYN1.SGM
03MYN1
erowe on DSK5CLS3C1PROD with NOTICES
23278
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
stage of the legislative coordination and
clearance process as set forth in the
Circular.
T. To the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary when necessary to inform
members of Congress about an alien
who is being considered for private
immigration relief.
U. To a criminal, civil, or regulatory
law enforcement authority (whether
Federal, State, local, territorial, tribal,
international or foreign) where the
information is necessary for
collaboration, coordination and deconfliction of investigative matters, to
avoid duplicative or disruptive efforts
and for the safety of law enforcement
officers who may be working on related
investigations.
V. To the U.S. Marshals Service
concerning Marshals Service prisoners
that are or will be held in detention
facilities operated by or on behalf of ICE
in order to coordinate the
transportation, custody, and care of
these individuals.
W. To third parties to facilitate
placement or release of an alien (e.g., at
a group home, homeless shelter, etc.)
who has been or is about to be released
from ICE custody but only such
information that is relevant and
necessary to arrange housing or
continuing medical care for the alien.
X. To an appropriate domestic
government agency or other appropriate
authority for the purpose of providing
information about an alien who has
been or is about to be released from ICE
custody who, due to a condition such as
mental illness, may pose a health or
safety risk to himself/herself or to the
community. ICE will only disclose
information about the individual that is
relevant to the health or safety risk they
may pose and/or the means to mitigate
that risk (e.g., the alien’s need to remain
on certain medication for a serious
mental health condition).
Y. To the DOJ Federal Bureau of
Prisons (BOP) and other Federal, State,
local, territorial, tribal and foreign law
enforcement or custodial agencies for
the purpose of placing an immigration
detainer on an individual in that
agency’s custody, or to facilitate the
transfer of custody of an individual from
ICE to the other agency. This will
include the transfer of information
about unaccompanied minor children to
the U.S. Department of Health and
Human Services (HHS) to facilitate the
custodial transfer of such children from
ICE to HHS.
Z. To DOJ, disclosure of DNA samples
and related information as required by
28 CFR part 28.
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
AA. To DOJ, disclosure of arrest and
removal information for inclusion in
relevant DOJ law enforcement databases
and for use in the enforcement Federal
firearms laws (e.g., Brady Act).
BB. To Federal, State, local, tribal,
territorial, or foreign governmental or
quasi-governmental agencies or courts
to confirm the location, custodial status,
removal or voluntary departure of an
alien from the United States, in order to
facilitate the recipient agencies’ exercise
of responsibilities pertaining to the
custody, care, or legal rights (including
issuance of a U.S. passport) of the
removed individual’s minor children, or
the adjudication or collection of child
support payments or other debts owed
by the removed individual.
CC. Disclosure to victims regarding
custodial information, such as release
on bond, order of supervision, removal
from the United States, or death in
custody, about an individual who is the
subject of a criminal or immigration
investigation, proceeding, or
prosecution.
DD. To any person or entity to the
extent necessary to prevent immediate
loss of life or serious bodily injury, (e.g.,
disclosure of custodial release
information to witnesses who have
received threats from individuals in
custody.)
EE. To an individual or entity seeking
to post or arrange, or who has already
posted or arranged, an immigration
bond for an alien to aid the individual
or entity in (1) identifying the location
of the alien, or (2) posting the bond,
obtaining payments related to the bond,
or conducting other administrative or
financial management activities related
to the bond.
FF. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations where DHS is aware of a
need to utilize relevant data for
purposes of testing new technology and
systems designed to enhance national
security or identify other violations of
law.
GG. To members of the public,
disclosure of limited detainee
biographical information for the
purpose of (1) identifying whether the
detainee is in ICE custody and the
custodial location, and (2) facilitating
the deposit of monies into detainees’
accounts for telephone or commissary
services in a detention facility.
HH. 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
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
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:
Information can be stored in case file
folders, cabinets, safes, or a variety of
electronic or computer databases and
storage media.
RETRIEVABILITY:
Records may be retrieved by name,
identification numbers including, but
not limited to, alien registration number
(A–Number), fingerprint identification
number, Social Security Number, case
or record number if applicable, case
related data and/or combination of other
personal identifiers including, but not
limited to, date of birth and nationality.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and 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:
ICE is in the process of drafting a
proposed record retention schedule for
the information maintained in the
Enforcement Integrated Database (EID).
ICE anticipates retaining records of
arrests, detentions and removals in EID
for one-hundred (100) years; records
concerning U.S. Marshals Service
prisoners for ten (10) years; fingerprints
and photographs collected using Mobile
IDENT for up to seven (7) days in the
cache of an encrypted government
laptop; Enforcement Integrated Database
Data Mart (EID–DM), ENFORCE Alien
Removal Module Data Mart (EARM–
DM), and ICE Integrated Decision
Support (IIDS) records for seventy-five
(75) years; user account management
records (UAM) for ten (10) years
E:\FR\FM\03MYN1.SGM
03MYN1
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices
following an individual’s separation of
employment from Federal service;
statistical records for ten (10) years;
audit files for fifteen (15) years; and
backup files for up to one (1) month.
ICE anticipates retaining records from
the Fugitive Case Management System
(FCMS) for ten (10) years after a fugitive
alien has been arrested and removed
from the United States; 75 years from
the creation of the record for a criminal
fugitive alien that has not been arrested
and removed; ten (10) years after a
fugitive alien reaches 70 years of age,
provided the alien has not been arrested
and removed and does not have a
criminal history in the United States;
ten (10) years after a fugitive alien has
obtained legal status; ten (10) years after
arrest and/or removal from the United
States for a non-fugitive alien’s
information, whichever is later; audit
files for 90 days; backup files for 30
days; and reports for ten (10) years or
when no longer needed for
administrative, legal, audit, or other
operations purposes.
SYSTEM MANAGER AND ADDRESS:
Unit Chief, Law Enforcement
Systems/Data Management, U.S.
Immigration and Customs Enforcement,
Office of Investigations Law
Enforcement Support and Information
Management Division, Potomac Center
North, 500 12th Street, SW.,
Washington, DC 20536.
erowe on DSK5CLS3C1PROD with NOTICES
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,
ICE will consider 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 ICE’s FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’
When seeking records about yourself
from this system of records or any other
Departmental 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
VerDate Mar<15>2010
15:35 Apr 30, 2010
Jkt 220001
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
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;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• 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
component(s) 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:
Records in the system are supplied by
several sources. In general, information
is obtained from individuals covered by
this system, and other Federal, State,
local, tribal, or foreign governments.
More specifically, DHS/ICE–011 records
derive from the following sources:
(a) Individuals covered by the system
and other individuals (e.g., witnesses,
family members);
(b) Other Federal, State, local, tribal,
or foreign governments and government
information systems;
(c) Business records;
(d) Evidence, contraband, and other
seized material; and
(e) Public and commercial sources.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted portions of this system of
records from subsections (c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(5), and (e)(8); 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 of records from
subsections (c)(3); (d); (e)(1), (e)(4)(G),
and (e)(4)(H) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). These
exemptions apply only to the extent that
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
23279
records in the system are subject to
exemption pursuant to 5 U.S.C.
552a(j)(2) and (k)(2).
In addition, to the extent a record
contains information from other exempt
systems of records, DHS will rely on the
exemptions claimed for those systems.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–10286 Filed 4–30–10; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2010–N090]
[96300–1671–0000–P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
endangered species. With some
exceptions, the Endangered Species Act
(ESA) prohibit activities with listed
species unless a Federal permit is issued
that allows such activities. The ESA
laws require that we invite public
comment before issuing these permits.
DATES: We must receive requests for
documents or comments on or before
June 2, 2010.
ADDRESSES: Brenda Tapia, Division of
Management Authority, U.S. Fish and
Wildlife Service, 4401 North Fairfax
Drive, Room 212, Arlington, VA 22203;
fax (703) 358–2280; or e-mail
DMAFR@fws.gov.
FOR FURTHER INFORMATION CONTACT:
Brenda Tapia, (703) 358–2104
(telephone); (703) 358–2280 (fax);
DMAFR@fws.gov (e-mail).
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
A. How Do I Request Copies of
Applications or Comment on Submitted
Applications?
Send your request for copies of
applications or comments and materials
concerning any of the applications to
the contact listed under ADDRESSES.
Please include the Federal Register
notice publication date, the PRTnumber, and the name of the applicant
in your request or submission. We will
not consider requests or comments sent
to an e-mail or address not listed under
E:\FR\FM\03MYN1.SGM
03MYN1
Agencies
[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Pages 23274-23279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10286]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0031]
Privacy Act of 1974; Department of Homeland Security United
States Immigration Customs and Enforcement--011 Immigration and
Enforcement Operational Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of amendment of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration and Customs Enforcement is updating
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement--011 Immigration and
Enforcement Operational Records System of Records (ENFORCE). With the
publication of this updated system of records, a new routine use has
been proposed. The routine use would support the deployment of the ICE
Online Detainee Locator System, which provides a searchable online
database to help members of the public locate detainees in ICE custody.
This routine use would also support the sharing of information about
ICE detainees for the purpose of allowing family members and other
individuals to deposit money in detainee accounts for telephone and
commissary services within a detention facility. A Privacy Impact
Assessment that describes the Online Detainee Locator System is being
published concurrently with this notice. It can be found on the DHS Web
site at https://www.dhs.gov/privacy. This updated system will continue
to be included in the Department of Homeland Security's inventory of
record systems.
DATES: Submit comments on or before June 2, 2010. This amended system
will be effective June 2, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0031 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 to 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: Lyn Rahilly (703-732-3300), Privacy
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street,
SW., Mail Stop 5004, Washington, DC 20536; or Mary Ellen Callahan (703-
235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
ICE is proposing a new routine use to permit sharing of limited
information about current and former persons in ICE custody through the
Online Detainee Locator System (ODLS). ODLS is a publicly accessible,
Web-based system owned by U.S. Immigration and Customs Enforcement
(ICE) Office of Detention and Removal Operations (DRO).
DRO is responsible for promoting public safety and national
security by arresting, detaining, and removing persons from the United
States in accordance with the Immigration and Nationality Act. ICE
developed ODLS as a service to the public, especially family members
and legal representatives, to help locate individuals arrested for
administrative immigration violations and who are in or have recently
left ICE custody (``detainees''). Currently, members of the public must
contact a DRO field office by phone to determine the location of a
detainee. With the deployment of this automated system, the public will
be able to locate detainees more quickly and efficiently through an
online query. The system will ultimately be available in several
languages to help users whose native language is not English.
ODLS is a Web-based system that is accessible from an Internet
browser and may be used by any member of the public. ODLS is scheduled
to deploy in June 2010, and will be accessible by visiting ICE's public
Web site (https://www.ice.gov/locator). Persons using ODLS do not need
to set up an account or get special permission to use the system. ODLS
provides two ways to search for a detainee: (1) Perform a query using
an Alien Registration Number (A-Number) and country of birth; or (2)
perform a query using a full name and country of birth. After receiving
the query entered by the user, ODLS searches for a match among current
ICE detainees and detainees who have been booked out of ICE custody
(regardless of the reason) within the last 60 days. All records that
match the user's query are returned to the user in a list of one or
more search results.
ODLS only performs exact-match searches. This means that the search
query entered by the user (specifically, the name or A-Number) must
exactly match the information in a detention record in order for the
record to be identified as a match and included in the ODLS search
results. For example, a search for ``Robert Smith'' will not return a
detention record for ``Robert Smyth'' or ``Bob Smith.'' When conducting
an A-Number search, ODLS users will see a maximum of one record in the
results because A-Numbers are assigned to individuals uniquely. When
conducting a name-based search, however, ODLS users may see multiple
records in the results if several detainees share the same name and
country of birth. Users may use the year of birth provided in the
results to distinguish among detainees with the same name.
ODLS only contains information about individuals who are currently
in ICE custody or were previously detained by ICE within the past 60
days. If a search is performed for detainees who
[[Page 23275]]
have never been in ICE custody or were released from ICE custody more
than 60 days ago, ODLS will return a result of ``no records found.'' If
a matching detainee record is found, the ODLS results screen will
display the detainee's custody status as either ``in custody'' or ``not
in custody.'' An ``in custody'' status means the individual is
currently in ICE custody, and ODLS will display the detention facility
where the person is being held, the contact information for the
facility, a link to the facility's Web site, and the contact
information for the DRO office responsible for the detainee's
immigration case. A status of ``not in custody'' means the individual
was released from ICE custody within the last 60 days for any reason.
The ``not in custody'' status will be displayed if the individual was
removed from or voluntarily departed the United States, was released on
bond or through an alternatives-to-detention program, was released into
the United States due to the resolution of their immigration case
(e.g., grant of an immigration benefit that permits them to remain in
the country), or was transferred into the custody of another law
enforcement or custodial agency. For individuals released from ICE
custody within the last 60 days, ODLS displays contact information for
the DRO office responsible for the detainee's immigration case.
ODLS also provides resources to help users find or identify the
detainee they are seeking. First, ODLS includes a frequently asked
questions (FAQ) page to answer common questions about the system and to
help troubleshoot problems. Second, for those who are unable to locate
the detainee in ODLS, a link is provided to all DRO offices so the
public can contact the office in the appropriate geographical area for
assistance. Finally, for every detainee included in ODLS, the
responsible DRO field office is identified and its contact information
is provided so family members and attorneys can call to confirm the
detainee's identity, arrange for bond, or ask for additional
information. Concurrently with the publication of this amended SORN,
ICE is publishing a PIA for ODLS on the Department's Privacy Office Web
site (https://www.dhs.gov/privacy).
In addition to supporting ODLS, the proposed routine use would also
support the sharing of information about ICE detainees for the purpose
of allowing family members and other individuals to deposit money in
detainee accounts for telephone and commissary services within a
detention facility. At detention facilities that house ICE detainees,
detainees are able to pay to make telephone calls and to purchase items
in the detention facility's commissary. Some detention facilities have
on-site kiosks and Web site and telephone services that allow members
of the public to deposit money in detainees' telephone and/or
commissary accounts for that detention facility. This proposed routine
use would support the operation of these kiosks, Web sites, and
telephone systems that allow the public to search for a detainee at a
particular facility and make a deposit into the detainee's account.
In accordance with the Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration and Customs Enforcement is updating
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement--011 Immigration and
Enforcement Operational Records System of Records (ENFORCE). With the
publication of this updated system of records, a new routine use has
been proposed. The routine use would support the deployment of the ICE
Online Detainee Locator System, which provides a searchable online
database to help members of the public locate detainees in ICE custody.
This routine use would also support the sharing of information about
ICE detainees for the purpose of allowing family members and other
individuals to deposit money in detainee accounts for telephone and
commissary services within a detention facility. A Privacy Impact
Assessment that describes the Online Detainee Locator System is being
published concurrently with this notice. It can be found on the DHS Web
site at https://www.dhs.gov/privacy. This updated system will continue
to be included in the Department of Homeland Security's inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the U.S. 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 from 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 U.S. 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 recordkeeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
ICE--011 Immigration and Enforcement Operational Records (ENFORCE)
System of Records.
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 and to
Congress.
System of Records
DHS/ICE-011.
System name:
Immigration and Enforcement Operational Records (ENFORCE).
Security classification:
Unclassified; Controlled Unclassified Information (CUI).
System location:
Records are maintained at the U.S. Immigration Customs and
Enforcement (ICE) Headquarters in Washington, DC, ICE field and
attach[eacute] offices, and detention facilities operated by or on
behalf of ICE, or that otherwise house individuals detained by ICE.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
1. Individuals arrested, detained, and/or removed for criminal and/
or administrative violations of the Immigration and Nationality Act, or
individuals who are the subject of an ICE immigration detainer issued
to another custodial agency;
2. Individuals arrested by ICE law enforcement personnel for
violations of Federal criminal laws enforced by ICE or DHS;
3. Individuals who fail to leave the United States after receiving
a final order of removal, deportation, or exclusion, or who fail to
report to ICE
[[Page 23276]]
for removal after receiving notice to do so (fugitive aliens);
4. Individuals who are granted parole into the United States under
section 212(d)(5) of the Immigration and Nationality Act (parolees);
5. Other individuals whose information may be collected or obtained
during the course of an immigration enforcement or criminal matter,
such as witnesses, associates, and relatives;
6. Attorneys or representatives who represent individuals listed in
categories (a)-(d) above;
7. Persons who post or arrange bond for the release of an
individual from ICE detention, or receive custodial property of a
detained alien;
8. Personnel of other agencies who assisted or participated in the
arrest or investigation of an alien, or who are maintaining custody of
an alien; and
9. Prisoners of the U.S. Marshals Service held in ICE detention
facilities.
Categories of records in the system:
Categories of records in this system include:
1. Biographic, descriptive, historical and other identifying data,
including but not limited to: Names; fingerprint identification number
(FIN); date and place of birth; passport and other travel document
information; nationality; aliases; Alien Registration Number (A-
Number); Social Security Number; contact or location information (e.g.,
known or possible addresses, phone numbers); visa information;
employment, educational, immigration, and criminal history; height,
weight, eye color, hair color and other unique physical characteristics
(e.g., scars and tattoos).
2. Biometric data: Fingerprints and photographs. DNA samples
required by DOJ regulation (see 28 CFR part 28) to be collected and
sent to the Federal Bureau of Investigation (FBI). DNA samples are not
retained or analyzed by DHS.
3. Information pertaining to ICE's collection of DNA samples,
limited to the date and time of a successful collection and
confirmation from the FBI that the sample was able to be sequenced. ICE
does not receive or maintain the results of the FBI's DNA analysis
(i.e., DNA sequences).
4. Case-related data, including: Case number, record number, and
other data describing an event involving alleged violations of criminal
or immigration law (location, date, time, event category, types of
criminal or immigration law violations alleged, types of property
involved, use of violence, weapons, or assault against DHS personnel or
third parties, attempted escape and other related information; event
categories describe broad categories of criminal law enforcement, such
as immigration worksite enforcement, contraband smuggling, and human
trafficking). ICE case management information, including: Case
category, case agent, date initiated, and date completed.
5. Birth, marriage, education, employment, travel, and other
information derived from affidavits, certificates, manifests, and other
documents presented to or collected by ICE during immigration and law
enforcement proceedings or activities. This data typically pertains to
subjects, relatives, and witnesses.
6. Detention data on aliens, including immigration detainers
issued; transportation information; detention-related identification
numbers; custodial property; information about an alien's release from
custody on bond, recognizance, or supervision; detention facility;
security classification; book-in/book-out date and time; mandatory
detention and criminal flags; aggravated felon status; and other
alerts.
7. Detention data for U.S. Marshals Service prisoners, including:
Prisoner's name, date of birth, country of birth, detainee
identification number, FBI identification number, state identification
number, book-in date, book-out date, and security classification;
8. Limited health information relevant to an individual's placement
in an ICE detention facility or transportation requirements (e.g.,
general information on physical disabilities or other special needs to
ensure that an individual is placed in a facility or bed that can
accommodate their requirements). Medical records about individuals in
ICE custody (i.e., records relating to the diagnosis or treatment of
individuals) are maintained in DHS/ICE--013 Alien Medical Records
System of Records;
9. Progress, status and final result of removal, prosecution, and
other DHS processes and related appeals, including: Information
relating to criminal convictions, incarceration, travel documents and
other information pertaining to the actual removal of aliens from the
United States.
10. Contact, biographical and identifying data of relatives,
attorneys or representatives, associates or witnesses of an alien in
proceedings initiated and/or conducted by DHS including, but not
limited to: Name, date of birth, place of birth, telephone number, and
business or agency name.
11. Data concerning personnel of other agencies that arrested, or
assisted or participated in the arrest or investigation of, or are
maintaining custody of an individual whose arrest record is contained
in this system of records. This can include: Name, title, agency name,
address, telephone number and other information.
12. Data about persons who post or arrange an immigration bond for
the release of an individual from ICE custody, or receive custodial
property of an individual in ICE custody. This data may include: Name,
address, telephone number, Social Security Number and other
information.
Authority for maintenance of the system:
8 U.S.C. 1103, 1225, 1226, 1324, 1357, 1360, and 1365(a)(b);
Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint Act of
2005 (Pub. L. 109-162); Adam Walsh Child Protection and Safety Act of
2006 (Pub. L. 109-248); and 28 CFR part 28, ``DNA-Sample Collection and
Biological Evidence Preservation in the Federal Jurisdiction.''
Purpose(s):
The purposes of this system are:
1. To support the identification, apprehension, and removal of
individuals unlawfully entering or present in the United States in
violation of the Immigration and Nationality Act, including fugitive
aliens.
2. To support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of Federal criminal
laws enforced by DHS.
3. To track the process and results of administrative and criminal
proceedings against individuals who are alleged to have violated the
Immigration and Nationality Act or other laws enforced by DHS.
4. To support the grant, denial, and tracking of individuals who
seek or receive parole into the United States.
5. To provide criminal and immigration history information during
DHS enforcement encounters, and background checks on applicants for DHS
immigration benefits (e.g., employment authorization and petitions).
6. To identify potential criminal activity, immigration violations,
and threats to homeland security; to uphold and enforce the law; and to
ensure public safety.
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 or
information contained in this system may be
[[Page 23277]]
disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3)
as follows:
A. To the Department of Justice (DOJ) or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, or 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
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 U.S. 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. DHS 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, 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, including to an actual or potential party or his or her
attorney, or in connection with criminal law proceedings.
I. 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.
J. 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.
K. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
L. 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.
M. To foreign governments for the purpose of coordinating and
conducting the removal of aliens to other nations; and to
international, foreign, and intergovernmental agencies, authorities,
and organizations in accordance with law and formal or informal
international arrangements.
N. 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; (2) the
location of the alien if in DHS custody; or (3) the alien has been
removed from the United States, 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.
O. To the DOJ 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.
P. 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.
Q. To a Federal, State, tribal or local government agency to assist
such agencies in collecting the repayment of recovery of loans,
benefits, grants, fines, bonds, civil penalties, judgments or other
debts owed to them or to the U.S. Government, and/or to obtain
information that may assist DHS in collecting debts owed to the U.S.
Government.
R. To the State Department in the processing of petitions or
applications for immigration benefits and non-immigrant visas under the
Immigration and Nationality Act, and all other immigration and
nationality laws including treaties and reciprocal agreements; or when
the State Department requires information to consider and/or provide an
informed response to a request for information from a foreign,
international, or intergovernmental agency, authority, or organization
about an alien or an enforcement operation with transnational
implications.
S. To the Office of Management and Budget (OMB) in connection with
the review of private relief legislation as set forth in OMB Circular
No. A-19 at any
[[Page 23278]]
stage of the legislative coordination and clearance process as set
forth in the Circular.
T. To the U.S. Senate Committee on the Judiciary or the U.S. House
of Representatives Committee on the Judiciary when necessary to inform
members of Congress about an alien who is being considered for private
immigration relief.
U. To a criminal, civil, or regulatory law enforcement authority
(whether Federal, State, local, territorial, tribal, international or
foreign) where the information is necessary for collaboration,
coordination and de-confliction of investigative matters, to avoid
duplicative or disruptive efforts and for the safety of law enforcement
officers who may be working on related investigations.
V. To the U.S. Marshals Service concerning Marshals Service
prisoners that are or will be held in detention facilities operated by
or on behalf of ICE in order to coordinate the transportation, custody,
and care of these individuals.
W. To third parties to facilitate placement or release of an alien
(e.g., at a group home, homeless shelter, etc.) who has been or is
about to be released from ICE custody but only such information that is
relevant and necessary to arrange housing or continuing medical care
for the alien.
X. To an appropriate domestic government agency or other
appropriate authority for the purpose of providing information about an
alien who has been or is about to be released from ICE custody who, due
to a condition such as mental illness, may pose a health or safety risk
to himself/herself or to the community. ICE will only disclose
information about the individual that is relevant to the health or
safety risk they may pose and/or the means to mitigate that risk (e.g.,
the alien's need to remain on certain medication for a serious mental
health condition).
Y. To the DOJ Federal Bureau of Prisons (BOP) and other Federal,
State, local, territorial, tribal and foreign law enforcement or
custodial agencies for the purpose of placing an immigration detainer
on an individual in that agency's custody, or to facilitate the
transfer of custody of an individual from ICE to the other agency. This
will include the transfer of information about unaccompanied minor
children to the U.S. Department of Health and Human Services (HHS) to
facilitate the custodial transfer of such children from ICE to HHS.
Z. To DOJ, disclosure of DNA samples and related information as
required by 28 CFR part 28.
AA. To DOJ, disclosure of arrest and removal information for
inclusion in relevant DOJ law enforcement databases and for use in the
enforcement Federal firearms laws (e.g., Brady Act).
BB. To Federal, State, local, tribal, territorial, or foreign
governmental or quasi-governmental agencies or courts to confirm the
location, custodial status, removal or voluntary departure of an alien
from the United States, in order to facilitate the recipient agencies'
exercise of responsibilities pertaining to the custody, care, or legal
rights (including issuance of a U.S. passport) of the removed
individual's minor children, or the adjudication or collection of child
support payments or other debts owed by the removed individual.
CC. Disclosure to victims regarding custodial information, such as
release on bond, order of supervision, removal from the United States,
or death in custody, about an individual who is the subject of a
criminal or immigration investigation, proceeding, or prosecution.
DD. To any person or entity to the extent necessary to prevent
immediate loss of life or serious bodily injury, (e.g., disclosure of
custodial release information to witnesses who have received threats
from individuals in custody.)
EE. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for an alien to aid
the individual or entity in (1) identifying the location of the alien,
or (2) posting the bond, obtaining payments related to the bond, or
conducting other administrative or financial management activities
related to the bond.
FF. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance national security or
identify other violations of law.
GG. To members of the public, disclosure of limited detainee
biographical information for the purpose of (1) identifying whether the
detainee is in ICE custody and the custodial location, and (2)
facilitating the deposit of monies into detainees' accounts for
telephone or commissary services in a detention facility.
HH. 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:
Information can be stored in case file folders, cabinets, safes, or
a variety of electronic or computer databases and storage media.
Retrievability:
Records may be retrieved by name, identification numbers including,
but not limited to, alien registration number (A-Number), fingerprint
identification number, Social Security Number, case or record number if
applicable, case related data and/or combination of other personal
identifiers including, but not limited to, date of birth and
nationality.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and 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:
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in the Enforcement Integrated
Database (EID). ICE anticipates retaining records of arrests,
detentions and removals in EID for one-hundred (100) years; records
concerning U.S. Marshals Service prisoners for ten (10) years;
fingerprints and photographs collected using Mobile IDENT for up to
seven (7) days in the cache of an encrypted government laptop;
Enforcement Integrated Database Data Mart (EID-DM), ENFORCE Alien
Removal Module Data Mart (EARM-DM), and ICE Integrated Decision Support
(IIDS) records for seventy-five (75) years; user account management
records (UAM) for ten (10) years
[[Page 23279]]
following an individual's separation of employment from Federal
service; statistical records for ten (10) years; audit files for
fifteen (15) years; and backup files for up to one (1) month.
ICE anticipates retaining records from the Fugitive Case Management
System (FCMS) for ten (10) years after a fugitive alien has been
arrested and removed from the United States; 75 years from the creation
of the record for a criminal fugitive alien that has not been arrested
and removed; ten (10) years after a fugitive alien reaches 70 years of
age, provided the alien has not been arrested and removed and does not
have a criminal history in the United States; ten (10) years after a
fugitive alien has obtained legal status; ten (10) years after arrest
and/or removal from the United States for a non-fugitive alien's
information, whichever is later; audit files for 90 days; backup files
for 30 days; and reports for ten (10) years or when no longer needed
for administrative, legal, audit, or other operations purposes.
System Manager and address:
Unit Chief, Law Enforcement Systems/Data Management, U.S.
Immigration and Customs Enforcement, Office of Investigations Law
Enforcement Support and Information Management Division, Potomac Center
North, 500 12th Street, SW., Washington, DC 20536.
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, ICE will consider
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 ICE's FOIA Officer, whose
contact information can be found at https://www.dhs.gov/foia under
``contacts.''
When seeking records about yourself from this system of records or
any other Departmental 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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
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 component(s) 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:
Records in the system are supplied by several sources. In general,
information is obtained from individuals covered by this system, and
other Federal, State, local, tribal, or foreign governments. More
specifically, DHS/ICE-011 records derive from the following sources:
(a) Individuals covered by the system and other individuals (e.g.,
witnesses, family members);
(b) Other Federal, State, local, tribal, or foreign governments and
government information systems;
(c) Business records;
(d) Evidence, contraband, and other seized material; and
(e) Public and commercial sources.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted portions of this
system of records from subsections (c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); 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 of records
from subsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) 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).
In addition, to the extent a record contains information from other
exempt systems of records, DHS will rely on the exemptions claimed for
those systems.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-10286 Filed 4-30-10; 8:45 am]
BILLING CODE 9111-28-P