Privacy Act of 1974; Department of Homeland Security Immigration and Customs Enforcement-007-Alien Criminal Response Information Management System of Records, 10623-10630 [2013-03377]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10623-10630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03377]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0069]


Privacy Act of 1974; Department of Homeland Security Immigration 
and Customs Enforcement-007--Alien Criminal Response Information 
Management System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of modification to existing Privacy Act System of 
Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security, U.S. Immigration and Customs Enforcement is updating 
and renaming an existing system of records titled, ``Department of 
Homeland Security/Immigration and Customs Enforcement-007--Law 
Enforcement Support Center Alien

[[Page 10624]]

Criminal Response Information Management System of Records.'' With the 
publication of this updated system of records, several changes are 
being made: (1) The name is being changed; (2) new categories of 
individuals have been added; (3) new routine uses have been added to 
allow Immigration and Customs Enforcement to share information from the 
system; and (4) the retention period of Brady Act check records has 
been corrected and the retention period for National Sex Offender 
Registrant records and for individuals for whom non-criminal queries 
are conducted have been added. A Privacy Impact Assessment update for 
the Alien Criminal Response Information Management system is being 
published concurrently with this notice. It can be found on the DHS Web 
site at https://www.dhs.gov/privacy. The exemptions for the existing 
system of records notice will continue to be applicable for this system 
of records notice (74 FR 45079, August 31, 2009), and this system will 
continue to be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before March 18, 2013. In particular, 
comments are requested concerning the application of the exemptions to 
the newly added categories of individuals. This new system will be 
effective March 18, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0069 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting 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 (202-732-3300), Privacy 
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW., 
Stop 5004 Washington, DC 20536-5004; Jonathan R. Cantor, (202-343-
1717), Acting Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Department of Homeland Security (DHS) is updating and reissuing 
DHS/Immigration and Customs Enforcement (ICE)-007--Law Enforcement 
Support Center (LESC) Alien Criminal Response Information Management 
System (ACRIMe) system of records notice (SORN) (75 FR 8377, February 
24, 2010), to shorten the system name, add new categories of 
individuals and routine uses, and update the retention period of 
records related to Brady Act checks, National Sex Offender Registrants, 
and individuals for whom non-criminal queries are conducted. The new 
system name is DHS/ICE-007--Alien Criminal Response Information 
Management System (ACRIMe). This system of records describes 
information maintained in an ICE information system of the same name, 
which is used by ICE personnel to receive and respond to immigration 
status inquiries made by other agencies about individuals who are 
arrested, screened as part of a background check in order to determine 
suitability for employment, access, or other purposes, or otherwise 
encountered by those agencies. ACRIMe also supports the creation and 
maintenance of lookout records in the Federal Bureau of Investigation 
(FBI) National Crime Information Center (NCIC) system on persons wanted 
by ICE for crimes or as fugitive aliens. ACRIMe also supports the 
operation of the ICE tip line, where members of the public can notify 
ICE of suspected violations of law, and the operation of the Law 
Enforcement Support Center call center, which takes calls from other 
law enforcement agencies seeking assistance from ICE.
    Concurrent with the publication of this SORN update, ICE is 
publishing an update to the ACRIMe Privacy Impact Assessment (PIA) to 
describe several updates to the data maintained in that system in 
support of ICE's immigration enforcement mission. ICE is adding new 
categories of individuals to the DHS/ICE-007--ACRIMe SORN to adequately 
describe the individuals whose information is maintained in the system 
via the interoperability process. The ACRIMe PIA update is available on 
the DHS Privacy Office web site at https://www.dhs.gov/privacy.
    Under interoperability's original use, the fingerprints of 
individuals arrested by or in the custody of a law enforcement agency 
participating in the ICE Secure Communities Program are sent to the 
FBI's Integrated Automated Fingerprint Identification System (IAFIS)/
Next Generation Identification (NGI) for matching against the FBI's 
criminal fingerprint holdings. Through interoperability, the 
fingerprints are also checked against the DHS Automated Biometric 
Identification System (IDENT) and, if the submitted fingerprints match 
fingerprints in IDENT, the FBI generates an Immigration Alien Query 
(IAQ) that is sent to the ACRIMe. An ICE employee uses ACRIMe to 
research the subject of the IAQ, determine the immigration status of 
the subject, and generate an Immigration Alien Response (IAR), which 
ACRIMe sends back to the FBI Criminal Justice Information Services 
(CJIS) Division. The FBI combines and sends the IDENT response and the 
IAR back to the agency that conducted the fingerprint check for 
awareness if they are technically capable of receiving the response. 
ACRIMe also sends the IAR to the appropriate ICE field office to 
determine the appropriate enforcement action, if any, to take against 
the individual.
    As described in the ACRIMe PIA update, ACRIMe's use under 
interoperability has been expanded to assist other agencies that screen 
individuals for various purposes, including administration of criminal 
justice, national security, and background checks/investigations 
conducted for employment, access, and other suitability purposes. The 
appendices to the PIA list the new uses of interoperability that ACRIMe 
now supports. The appendices will be updated as new interoperability 
users are added and as existing users change how they use 
interoperability. It should be noted that although ACRIMe is supporting 
new uses under interoperability, the process by which IAQs (queries) 
are submitted to ACRIMe and responses (IARs) are sent back to the FBI 
CJIS Division and ultimately to the agency submitting the request, 
remains the same as occurs under Secure Communities. For example, one 
of the new uses of ACRIMe is to assist agencies that are conducting 
background checks/investigations on individuals for employment, access, 
or other suitability purposes. The fingerprints of the individuals 
being screened are checked against IDENT and IAQs are sent to ACRIMe 
for any matches. ICE personnel research the subjects of the IAQ, 
determine the immigration status of the subjects, and return IARs on 
them.
    Using interoperability, ICE will also begin to screen convicted sex 
offenders whose fingerprints are captured during federal, state, local, 
and tribal law

[[Page 10625]]

enforcement processes that enroll these individuals in sex offender 
registries. ICE places a high priority on targeting for removal those 
aliens with criminal records who pose a threat to public safety, such 
as sex offenders. When a convicted sex offender is released from 
incarceration, the individual is required to register as a sex offender 
with authorities in the state in which he or she resides. During the 
registration process, state authorities typically capture the 
individual's fingerprints and biographic information and transmit them 
to the FBI CJIS Division for inclusion in the National Sex Offender 
Registry, and to update IAFIS and the individual's FBI criminal record. 
Via interoperability, the FBI CJIS Division automatically runs the 
individual's fingerprints against IDENT. If the fingerprints match 
fingerprints in IDENT, an IAQ is generated and sent to ACRIMe. ICE 
users research the immigration status of the individual and generate an 
IAR containing the results of that research in ACRIMe. The IAR is sent 
to the relevant ICE field office, which determines the appropriate 
enforcement action to take against the individual, if any. A similar 
process is used when there are changes to the convicted sex offender's 
information. The state authorities send the individual's information to 
the FBI CJIS Division. They update the person's record, run the 
individual's fingerprints against IDENT, and if the fingerprints match 
fingerprints in IDENT, an IAQ is generated and sent to ACRIMe. The 
processing of the convicted sex offender information varies from the 
standard interoperability process in one respect only: ACRIMe does not 
send a copy of the IAR to the FBI CJIS Division or to the agency that 
registered the sex offender. Instead, the IAR is only distributed and 
used within ICE for enforcement purposes.
    New categories of individuals have been added to the DHS/ICE-007--
ACRIMe SORN to describe the convicted sex offenders and other types of 
individuals whose information is being processed through ACRIMe under 
these new interoperability programs including individuals about whom a 
background check is being performed for employment, access, or other 
suitability purposes. As new interoperability users are approved by 
DHS, the ACRIMe PIA appendix will be updated to describe them and 
conforming changes will be made to this SORN, if required.
    Additionally, new routine uses have been added to allow ICE to 
share information from the system. Below is a summary of the new 
routine uses and their corresponding letter:
    (J) To federal, state, local, tribal, territorial, or international 
agencies seeking to verify or ascertain the citizenship or immigration 
status of an individual for a purpose within the agency's jurisdiction;
    (N) To a former employee of DHS for purposes of responding to an 
official inquiry or facilitating communications with a former employee 
that may be relevant for personnel-related or other official purposes;
    (V) To prospective claimants and their attorneys for the purpose of 
negotiating the settlement of an actual or prospective claim against 
DHS prior to litigation or proceedings;
    (X) To the Department of Justice (DOJ), Federal Bureau of 
Investigation (FBI) in order to facilitate responses to fingerprint-
based immigration status queries;
    (Y) To federal, state, local, tribal, territorial, international, 
or foreign government agencies or entities to enable consultation to 
assist in the processing of redress requests;
    (Z) To federal, state, local, tribal, territorial, foreign, or 
international agencies regarding a requesting agency's decision 
concerning the hiring or retention of an individual or if the 
information is relevant and necessary to a DHS decision concerning the 
hiring or retention;
    (AA) To federal, state, local, tribal, territorial, foreign, or 
international agencies, if DHS determines the information is relevant 
and necessary to the agency's decision concerning the hiring or 
retention of an individual and failure to disclose the information is 
likely to create a risk;
    (BB) To federal, state, local, tribal, territorial, foreign, or 
international agencies seeking information on the subjects of wants, 
warrants, or lookouts for law enforcement purposes;
    (CC) To federal, state, local, tribal, territorial, or foreign 
government agencies or organizations, or international organizations, 
lawfully engaged in collecting law enforcement intelligence;
    (DD) To foreign governments in order to notify them concerning an 
alien who is incapacitated, an unaccompanied minor, or deceased.
    (EE) To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or prosecution, 
pretrial services, sentencing, parole, probation or other aspects of 
the criminal justice process, and to counsel representing an individual 
in a proceeding, in order to ensure the integrity of the justice system 
by informing these recipients of the existence of an immigration 
detainer on that individual or that individual's status in removal 
proceedings, voluntary departure, or custodial status/location.
    Finally, the retention period for Brady Act check records has been 
corrected. Previously, the SORN incorrectly stated that the records 
were retained for twenty-four (24) hours. The records are retained for 
five (5) years in order to provide ICE with sufficient time to follow 
up on any leads generated by Brady Act record check information. 
Additionally, the SORN is being updated to reflect the retention period 
for biometric and biographic immigration status check records for 
National Sex Offender Registrants and individuals for whom non-criminal 
queries are conducted. Information on National Sex Offender Registrants 
will be maintained for seventy-five (75) years while records pertaining 
to non-criminal queries will only be retained for thirty (30) years.
    Portions of the DHS/ICE-007 ACRIMe System of Records are exempt 
from one or more provisions of the Privacy Act because of criminal, 
civil and administrative enforcement requirements. Individuals may 
request information about records pertaining to them stored in the DHS/
ICE-007 ACRIMe System of Records as outlined in the ``Notification 
Procedure'' section below. ICE reserves the right to exempt various 
records from release. Pursuant to 5 U.S.C. 552a(j)(2), the Secretary of 
Homeland Security has exempted portions of this system of records from 
subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (4)(H), (5) 
and (8); (f); and (g) of the Privacy Act. In addition, the system has 
been exempted from subsections (c)(3) and (4); (d); (e)(1), (4)(G), 
(4)(H), and (f) pursuant to 5 U.S.C. 552a(k)(2). Rules have been 
promulgated in accordance with the requirements of 5 U.S.C. 553(b), 
(c), and (e) and have been published in the Federal Register as 
addition to Title 28, Code of Federal Regulations (28 CFR 16.99). In 
addition, to the extent a record contains information from other exempt 
systems of records; ICE will rely on the exemptions claimed for those 
systems. In the context of this updated SORN, the Department is 
requesting comment on the application of these exemptions to the newly 
added categories of individuals.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government

[[Page 10626]]

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 
particular identifier 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 when 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 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-007 ACRIMe 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--007

System name:
    Alien Criminal Response Information Management (ACRIMe).

Security classification:
    Unclassified and Law Enforcement Sensitive (LES).

System location:
    Records are maintained in the ACRIMe information technology system 
and associated paper records at the U.S. Immigration and Customs 
Enforcement (ICE) Law Enforcement Support Center (LESC) in Williston, 
Vermont, at ICE Headquarters, and at other ICE field office locations.

Categories of individuals covered by the system:
    Categories of individuals covered in this system include:
    (1) Individuals who are the subjects of immigration status 
inquiries submitted to ICE or immigration checks conducted by ICE, 
including:
    A. Individuals who are encountered by, arrested by, under the 
investigation of, or in the custody of a criminal justice agency.
    B. Individuals convicted of sexual offenses required to register as 
a sexual offender.
    C. Individuals subject to background checks or investigations by or 
under the authority of a federal, state, local, tribal, or territorial 
agency to determine eligibility or suitability for employment, access, 
or other purposes.
    D. Individuals applying to obtain/purchase a firearm in the United 
States and whose information has been submitted to ICE for the purpose 
of conducting an immigration status check in support of background 
checks required by the Brady Handgun Violence Protection Act (Brady 
Act) or other applicable laws.
    (2) Individuals who are the subjects of criminal arrest warrants 
and immigration lookouts that ICE has entered into the Federal Bureau 
of Investigation's (FBI) National Crime Information Center (NCIC) 
System.
    (3) Individuals who report tips concerning customs and immigration 
violations, suspicious activity or other law enforcement matters to the 
Department of Homeland Security (DHS)/ICE and individuals about whom 
those reports are made.
    (4) Law enforcement officers or other personnel working for 
criminal justice agencies who contact ICE for reasons relating to the 
purposes of this system of records, or for other law enforcement 
assistance.

Categories of records in the system:
    Categories of records in this system may include:
    (1) Biographic identifiers, other identifiers, and contact 
information (e.g., name, aliases, date and place of birth, address, 
telephone number, Social Security Number (SSN), Alien Registration 
Number (A-Number), driver's license number, other personal 
identification numbers, fingerprint identification number, passport 
number).
    (2) Visa, border, immigration and citizenship information (e.g., 
citizenship and/or immigration status, application for benefit 
information, visa and travel history).
    (3) Criminal history information (e.g., FBI number, booking number, 
current charge[s], custodial status, past offenses and convictions).
    (4) NCIC hit confirmation records, which consist of information 
supporting the entry of criminal warrants or immigration lookouts into 
the NCIC system, such as criminal arrest warrant information, 
fingerprints and photographs, other information identifying the 
individual, and records reflecting the purpose/basis for the warrant or 
lookout. Records of inquiries received from criminal justice agencies 
regarding potential matches against ICE-created NCIC records, and 
records pertaining to ICE's research, resolution, and response to those 
inquiries.
    (5) Background investigation records, which consist of identifying 
and other information received from agencies requesting an immigration 
status check on individuals as part of a background check for 
employment, gun ownership, or other reasons; research conducted by ICE 
during the conduct of the immigration status check; and ICE's research, 
resolution, and response to those inquiries.
    (6) Criminal justice immigration status check records, which 
consist of identifying and other information received from criminal 
justice agencies requesting an immigration status check on individuals 
in the context of a criminal justice matter; prioritization of 
requests; research conducted by ICE during the conduct of the 
immigration status check; and ICE's research, resolution, and response 
to those inquiries.
    (7) Public tip records, which consist of information contained in 
tips received from the public or other sources regarding customs and 
immigration violations, or other violations of law, and suspicious 
activities. This includes identifying and contact information about the 
individual reporting the tip (if provided) and information about the 
person or persons who are the subject of the tip.
    (8) Information pertaining to ICE's follow-up activities regarding 
a tip or other information received pursuant to the activities 
supported by this system of records, including leads for ICE 
investigations and referrals to other agencies.
    (9) Identification and authentication information for law 
enforcement officers or other criminal justice personnel who contact 
ICE.

Authority for maintenance of the system:
    8 U.S.C. 1103, 8 U.S.C. 1324(b)(3); 8 U.S.C. 1360(b); Section 504 
of the Immigration and Nationality Act of 1990 (INA) (Pub. L. 101-649); 
the Brady Handgun Violence Protection Act of

[[Page 10627]]

1993 (Pub. L. 103-159); FY 2008 Consolidated Appropriations Act (Pub. 
L. 110-161, 121 Stat. 1844, 2050 (2007)); and the INA provisions 
regarding removal of criminal aliens (INA Sec.  237(a)(2) and Sec.  
238).

Purpose(s):
    The purposes of this system are to:
    (1) Identify and arrest individuals in the United States who may be 
subject to removal under the Immigration and Nationality Act, as 
amended.
    (2) Respond to inquiries from criminal justice agencies that seek 
to determine the immigration status of an individual in the context of 
a criminal justice matter for the purpose of identifying and arresting 
those who may be subject to removal.
    (3) Inform criminal justice agencies and agencies conducting 
background checks whether an individual is under investigation and/or 
wanted by ICE or other criminal justice agencies.
    (4) Receive, process and act on information received from the 
general public and other sources regarding suspicious activities and 
actual or potential violations of laws enforced by ICE or DHS, and to 
refer any other actionable information to the appropriate agencies for 
action.
    (5) Provide assistance to domestic, foreign, and international 
agencies that contact ICE and the LESC on matters within the scope of 
ICE's law enforcement authorities, including violations of U.S. customs 
and immigration laws.
    (6) Collect and analyze data to evaluate the effectiveness and 
quality of services provided to other agencies in support of the 
purposes described above, and of ICE's customs and immigration law 
enforcement efforts generally.
    (7) Identify potential criminal activity, immigration violations, 
and threats to homeland security; uphold and enforce the law; and 
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 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), including U.S. Attorneys 
Offices, or other federal agency conducting litigation or proceedings 
before any court, adjudicative or administrative body, when it is 
relevant or 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.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made pursuant to 
a written Privacy Act waiver at the request of the individual to whom 
the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization 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 identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' 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 federal, state, local, tribal, territorial, or foreign 
government agencies or multilateral government organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil, criminal, or regulatory laws.
    H. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning individuals who are being 
screened with respect to their participation in, attendance at, or 
other relation to a national or special security event.
    I. To domestic governmental agencies seeking to determine the 
immigration status of persons who have applied to purchase/obtain a 
firearm in the United States, pursuant to checks conducted on such 
persons under the Brady Handgun Violence Prevention Act or other 
applicable laws.
    J. To federal, state, local, tribal, territorial, or international 
agencies seeking to verify or ascertain the citizenship or immigration 
status of any individual within the jurisdiction of the agency for any 
purpose authorized by law.
    K. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings (including discovery, presentation of evidence, 
and settlement negotiations) and when DHS determines that use of such 
records is relevant and necessary to the litigation before a court or 
adjudicative body when any of the following is a party to or have an 
interest in the 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 the 
government 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.
    L. To federal, state, local, tribal, territorial, foreign or 
international agencies in order to refer reports of suspicious 
activity, tips, potential violations of law and other relevant 
information to agencies with appropriate jurisdiction, authorities, 
and/or need-to-know concerning the matters.
    M. To the Department of Justice (DOJ), Federal Bureau of Prisons 
(BOP) and other federal, state, local, territorial, tribal and foreign 
law enforcement or custodial agencies for the purpose of

[[Page 10628]]

placing an immigration detainer on an individual in that agency's 
custody, or to facilitate the transfer of custody of an individual to 
DHS from the other agency.
    N. To a former employee of DHS for purposes of responding to an 
official inquiry by federal, state, local, tribal, territorial 
government agencies or professional licensing authorities; or 
facilitating communications with a former employee that may be relevant 
and necessary for personnel-related or other official purposes where 
DHS requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    O. To federal, state, local, tribal, territorial, or foreign 
government agencies, as well as to other individuals and organizations 
during the course of an investigation by DHS or the processing of a 
matter under DHS's jurisdiction, or during a proceeding within the 
purview of the immigration and nationality laws, when DHS deems that 
such disclosure is necessary to carry out its functions and statutory 
mandates or to elicit information required by DHS to carry out its 
functions and statutory mandates.
    P. To international, foreign, intergovernmental, and multinational 
government agencies, authorities, and organizations in accordance with 
law and formal or informal international arrangements.
    Q. 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 stage of the legislative coordination and clearance 
process as set forth in the Circular.
    R. 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.
    S. To the Department of State when it 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.
    T. To federal, state, local, territorial, tribal, international, or 
foreign criminal, civil, or regulatory law enforcement authorities when 
the information is necessary for collaboration, coordination, and de-
confliction of investigative matters, prosecutions, and/or other law 
enforcement actions to avoid duplicative or disruptive efforts and to 
ensure the safety of law enforcement officers who may be working on 
related law enforcement matters.
    U. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational government agencies 
where DHS desires to exchange relevant data for the purpose of 
developing, testing, or implementing new software or technology whose 
purpose is related to this system of records.
    V. To prospective claimants and their attorneys for the purpose of 
negotiating the settlement of an actual or prospective claim against 
DHS or its current or former employees, in advance of the initiation of 
formal litigation or proceedings.
    W. To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when such disclosure is to support the conduct of national 
intelligence and security investigations or to assist in anti-terrorism 
efforts.
    X. To the Department of Justice (DOJ), Federal Bureau of 
Investigation (FBI) in order to facilitate responses to fingerprint-
based immigration status queries that are sent to ICE, including 
queries that the FBI sends on behalf of another agency.
    Y. To federal, state, local, tribal, territorial, international, or 
foreign government agencies or entities for the purpose of consulting 
with that agency or entity:
    1. To assist in making a determination regarding redress for an 
individual in connection with the operations of a DHS component or 
program;
    2. To verify the identity of an individual seeking redress in 
connection with the operations of a DHS component or program; or
    3. To verify the accuracy of information submitted by an individual 
who has requested such redress on behalf of another individual.
    Z. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance, grant, renewal, suspension or revocation 
of a security clearance, license, contract, grant, or other benefit; or 
if the information is relevant and necessary to a DHS decision 
concerning the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant or other 
benefit.
    AA. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if DHS determines (1) the information is 
relevant and necessary to the agency's decision concerning the hiring 
or retention of an individual, or the issuance of a security clearance, 
license, contract, grant, or other benefit, and (2) failure to disclose 
the information is likely to create a risk to government facilities, 
equipment, or personnel; sensitive information; critical 
infrastructure; or the public safety.
    BB. To federal, state, local, tribal, territorial, foreign, or 
international agencies seeking information on the subjects of wants, 
warrants, or lookouts, or any other subject of interest, for purposes 
related to administering or enforcing the law, national security, 
immigration, or intelligence, when consistent with a DHS mission-
related function.
    CC. To federal, state, local, tribal, territorial, or foreign 
government agencies or organizations, or international organizations, 
lawfully engaged in collecting law enforcement intelligence, whether 
civil or criminal, to enable these entities to carry out their law 
enforcement responsibilities, including the collection of law 
enforcement intelligence.
    DD. To foreign governments in order to notify them concerning an 
alien who is incapacitated, an unaccompanied minor, or deceased.
    EE. To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or prosecution, 
pretrial services, sentencing, parole, probation, bail bonds, child 
welfare services, or any other aspect of the criminal justice process, 
and to counsel representing an individual in a criminal, civil, or 
child welfare proceeding, in order to ensure the integrity of the 
justice system by informing these recipients of the existence of an 
immigration detainer on that individual or that individual's status in 
removal proceedings, including removal, voluntary departure, or 
custodial status/location. Disclosure of that individual's Alien 
Registration Number (A-Number) and country of birth is also authorized 
to facilitate use of the ICE Online Detainee Locator System by the 
aforementioned individuals and agencies. This routine use does not 
authorize disclosure to bail bond companies or agents.
    FF. To appropriate federal, state, local, tribal, foreign or 
international criminal justice agencies, or other authorized users of 
NCIC, to respond to inquiries regarding a person who is or

[[Page 10629]]

may be the subject of an ICE-generated NCIC criminal arrest warrant or 
immigration lookout record.
    GG. 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 behind locked doors. Electronic records are stored on 
magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by personal, biographic, or biometric 
identifiers such as name, date of birth, place of birth, address, A-
Number(s), FBI criminal history number(s), Social Security Number, 
Fingerprint Identification Number, and passport number.

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 systems 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 seeking approval for a records retention schedule for the 
records described in this system of records. ICE proposes to maintain 
the IAQ and IAR records pertaining to criminal biometric and biographic 
immigration status checks and pertaining to National Sex Offender 
Registrants for seventy-five (75) years. The IAQ and IAR records 
pertaining to non-criminal biometric and biographic immigration queries 
will be kept for thirty (30) years. Records pertaining to Brady Act, 
special security event, and OPM checks will be kept for five (5) years 
from the date an immigration status determination is made and an IAR 
returned, after which the records will be deleted from the ACRIMe 
system. ICE proposes to maintain NCIC Module records (containing the 
underlying basis for the ICE-generated NCIC record) for 75 years from 
the date the record is removed from NCIC. ICE also proposes to maintain 
Communication Center Module records containing NCIC Hit Confirmation 
calls for 75 years and follow-up calls to IARs for the time period 
consistent with the type of query conducted. Additionally, ICE proposes 
to maintain tips and suspicious activity reporting in the 
Communications Center Module for ten (10) years from the date of the 
tip.

System Manager and address:
    Unit Chief, Law Enforcement Support Center, U.S. Immigration and 
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495.

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.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, U.S. Department of Homeland Security, 245 
Murray Drive SW., Building 410, STOP-0655, Washington, DC 20528-0655.
    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. Sec.  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:
     Explain 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; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    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 the above 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 are obtained from ICE and other federal, state, local, 
tribal, foreign, and international criminal justice agencies (e.g., law 
enforcement agencies, investigators, prosecutors, correctional 
institutions, police departments, and parole boards).

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of 
this system are exempt from subsections (c)(3) and (4); (d); (e)(1), 
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f); and (g) 
of the Privacy Act. In addition, the system has been exempted from 
subsections (c)(3), (d), and (e)(1), (4)(G), (4)(H), and (f) pursuant 
to 5 U.S.C. 552a(k)(2). Rules have been promulgated in accordance with 
the requirements of 5 U.S.C. 553(b), (c), and (e) and have been 
published in the Federal Register as additions to Title 28, Code of 
Federal Regulations (28 CFR 16.99). In addition, to the extent a record 
contains information from other exempt systems of records, ICE will 
rely on the exemptions claimed for those systems.


[[Page 10630]]


    Dated: January 24, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-03377 Filed 2-13-13; 8:45 am]
BILLING CODE 9111-28-P