Privacy Act of 1974; Department of Homeland Security/United States Citizenship and Immigration Services-017 Refugee Case Processing and Security Screening Information System of Records, 72075-72080 [2016-25195]
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Act (FOIA)/Privacy Act (PA) Office, P.O.
Box 648010, Lee’s Summit, MO 64064–
8010. Specific FOIA 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 FOIA Officer, Department of
Homeland Security, 245 Murray Drive
SW., Building 410, STOP–0655,
Washington, DC 20528.
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
FOIA Officer, https://www.dhs.gov/foia
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.
In processing requests for access to
information in this system, USCIS will
review the records in the operational
system and coordinate with DHS to
address access to records on the DHS
unclassified and classified networks.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
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RECORD SOURCE CATEGORIES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
DHS/USCIS obtains records from the
benefit requestor, his or her
Representative, Physician, Preparer, or
Interpreter. DHS/USCIS personnel may
input information as they process a
case, including information from
internal and external sources to verify
whether a benefit requestor or family is
eligible for the benefit requested. BIS
also stores and uses information from
the following USCIS, DHS, and other
federal agency systems of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, 78 FR 69864
(November 21, 2013);
• DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
• DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007);
• DHS/USCIS–005 Inter-Country
Adoptions Security 72 FR 31086 (June
5, 2007);
• DHS/USCIS–006 Fraud Detection
and National Security Records (FDNS)
77 FR 47411 (August 8, 2012);
• DHS/USCIS–010 Asylum
Information and Pre-Screening, 75 FR
409 (January 5, 2010);
• DHS/CBP–011 U.S. Customs and
Border Protection TECS, 73 FR 77778
(December 19, 2008);
• DHS/ICE–001 Student and
Exchange Visitor Information System,
75 FR 412 (January 5, 2010);
• DHS/ICE–011 Immigration and
Enforcement Operational Records
System (ENFORCE), 80 FR 24269 (April
30, 2015);
• DHS/CBP–021 Arrival and
Departure Information System (ADIS),
80 FR 72081 (November 18, 2015);
• DHS/NPPD–004 DHS Automated
Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007);
• JUSTICE/EOIR–001 Records and
Management Information System, 72 FR
3410 (January 25, 2007);
• JUSTICE/FBI–002 The FBI Central
Records System, 72 FR 3410 (January
25, 2007);
• JUSTICE/FBI–009 Fingerprint
Identification Records System (FIRS), 72
FR 3410 (January 25, 2007);
• DOL/ETA–7 Employer Application
and Attestation File for Permanent and
Temporary Alien Workers, 77 FR 1728,
(January 10, 2012);
• STATE–05 Overseas Citizens
Services Records, 73 FR 24343 (May 2,
2008);
• STATE–26 Passport Records, 76 FR
34966 (July 6, 2011);
• STATE–39 Visa Records, 77 FR
65245 (October 25, 2012); and
• TREASURY/FMS–017 Collections
Records, 74 FR 23006 (May 15, 2009).
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None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–25192 Filed 10–18–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0047]
Privacy Act of 1974; Department of
Homeland Security/United States
Citizenship and Immigration Services–
017 Refugee Case Processing and
Security Screening Information System
of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘DHS/United States Citizenship
and Immigration Services (USCIS)–017
Refugee Case Processing and Security
Screening Information’’ system of
records. DHS/USCIS collects, uses, and
maintains records on individuals
seeking refugee status.
This newly established system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
November 18, 2016. This new system
will be effective November 18, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0047 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
SUMMARY:
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comments received, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Donald K. Hawkins, (202) 272–8030,
Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts
Avenue NW., Washington, DC 20529.
For privacy questions, please contact:
Jonathan R. Cantor, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the DHS/USCIS
proposes to establish a new DHS system
of records titled, ‘‘DHS/USCIS–017
Refugee Case Processing and Security
Screening Information’’ system of
records.
A refugee is generally defined under
U.S. law as a person who is outside his
or her country of origin and is unable
or unwilling to return because of past
persecution or a well-founded fear of
future persecution on account of race,
religion, nationality, political opinion,
or membership in a particular social
group. In certain instances, under U.S.
law, persons within their countries of
nationality or habitual residence may be
considered refugees for the purpose of
admission to United States. The U.S.
Refugee Admissions Program (USRAP)
was created by the Executive Branch
and authorized by Congress to admit
foreign nationals who are outside the
United States as refugees. An applicant
must first be given access to the USRAP
before he or she can be considered for
eligibility as a refugee. The USRAP is an
interagency partnership involving
federal agencies, such as the Department
of State (DOS) and DHS, and
international and nongovernmental
organizations working together, both
overseas and domestically, to identify
and admit qualified refugees for
resettlement into the United States.
Within DHS, USCIS has responsibility
for adjudicating applications for refugee
status and reviewing case decisions, and
U.S. Customs and Border Protection
(CBP) screens arriving refugees for
admission at the port of entry.
Data on refugee applications are
entered into the DOS-owned and
operated Worldwide Refugee
Admissions Processing System
(WRAPS), which is an electronic case
management system for refugee
resettlement that is used by DOS Bureau
of Population, Refugees, and Migration
(PRM) and its worldwide partners and
facilitates the refugee resettlement
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process. WRAPS contains case
information and tracks the processing of
refugee applications as they move
through the required administrative and
adjudicative steps until arrival in the
United States.
USCIS is responsible for determining
applicants’ eligibility for refugee status
based on in-person interviews with
USCIS adjudicators. Refugee applicants
are also subject to numerous biographic
and biometric security checks. Refugees
are considered for resettlement in the
United States if they meet one of the
three processing priorities established
by DOS:
(1) The Office of the United Nations
High Commissioner for Refugees
(UNHCR), a U.S. Embassy, or a specially
trained non-governmental organization
refers them to the United States for
resettlement consideration;
(2) Groups of special concern
identified by the USRAP; or
(3) Family reunification cases (i.e.,
spouses, unmarried children under 21,
parents of persons lawfully admitted to
the United States as refugees or asylees,
or persons who are lawful permanent
residents or U.S. citizens who
previously had refugee or asylum status
for designated nationalities).
Generally, refugees must be outside
their country of origin or last habitual
residence to be eligible for access to the
USRAP; however the USRAP has legal
authority to process refugees in their
home countries in certain locations.
All refugee applicants, derivatives,
and certain family members are subject
to background security checks. As part
of this process, refugee applicants
undergo a series of biometric and
biographic checks. USCIS may provide
enhanced review and screening of
certain refugee cases. Through close
coordination with the federal law
enforcement and intelligence
communities, these checks are
continually reviewed and enhanced.
Additionally, in some instances these
checks may involve reviewing social
media to identify information on
applicants related to national security
concerns and/or the refugee eligibility
determination.
If the USCIS adjudicator finds that the
individual qualifies as a refugee and
meets other U.S. admission criteria, the
officer will approve or conditionally
approve the refugee’s application for
resettlement and submit it to the
Resettlement Support Center (RSC) for
further processing. Conditional
approvals become final once the results
of all background checks have been
received and reviewed by USCIS. Upon
arrival in the United States, and after
admission by a CBP Officer, USCIS
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creates the A-Files from the refugee
travel packet and from documents
forwarded from the RSC.
Individuals admitted to the United
States as a refugee are required to apply
for adjustment of status to that of a
lawful permanent resident one year after
admission as refugees. Until adjustment
of status, persons admitted as refugees
possess ‘‘refugee status,’’ unless such
status is terminated by USCIS.
Employment authorization for refugees
admitted to the United States is
incidental to refugee status. A refugee
admitted to the United Statement may
request derivative refugee status for his/
her spouse and unmarried children
under the age of 21 within two years of
admission as a refugee by filing Form I–
730, Refugee/Asylee Relative Petition.
Refugees who wish to travel abroad may
obtain a refugee travel document in
order to facilitate their return to the
United States. USCIS is also responsible
for processing applications for
permanent residency, employment
authorization, and refugee travel
documents, which are processed in the
Computer Linked Applications
Management System 3 (CLAIMS 3) and
Case and Activity Management for
International Operations (CAMINO).
More information on these systems is
available at www.dhs.gov/privacy.
Benefit request forms are stored in
either the A-File or Receipt File.
USCIS has established the Refugee
Case Processing and Security Screening
Information system of records to
facilitate intake, adjudication, and
review of refugee programs. USCIS uses
Refugee Case Processing and Security
Screening Information to track case
status, as well as initiate, facilitate, and
track biometric and biographic check
screenings and to prevent the approval
of any benefit prior to the review and
completion of all background checks.
Finally, these records are used by USCIS
to generate statistical reports to assist
with oversight of production and
processing goals.
As a matter of policy, the regulations
at 8 CFR 208.6 prohibiting disclosure of
information contained in or pertaining
to an alien’s application for asylum,
credible fear determination, or
reasonable fear determination are
applied to an alien’s application or
status as a refugee. USCIS affords
information covered by the DHS/
USCIS–017 Refugee Case Processing and
Security Screening Information System
SORN the confidentiality protections
contained in 8 CFR 208.6, which strictly
limits the disclosure of information to
third parties. Information protected by 8
CFR 208.6 may not be disclosed without
the written consent of the applicant,
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except as permitted by 8 CFR 208.6(c)
or at the discretion of the Secretary of
Homeland Security or the Attorney
General of the United States.
Consistent with DHS’s information
sharing mission, information covered by
the DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information SORN may be shared with
other DHS components that have a
need-to-know the information to carry
out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS/USCIS may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the confidentiality
provisions of 8 CFR. 208.6 and with the
routine uses set forth in this system of
records notice.
This new system will be included in
DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate 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 when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCIS–017 Refugee Case Processing and
Security Screening Information 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.
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System of Records
Department of Homeland Security
(DHS)/United States Citizenship and
Immigration Services (USCIS)–017
SYSTEM NAME:
DHS/USCIS–017 Refugee Case
Processing and Security Screening
Information
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SECURITY CLASSIFICATION:
CATEGORIES OF RECORDS IN THE SYSTEM:
Unclassified, Sensitive, For Official
Use Only. The data may be retained on
classified networks, but this does not
change the nature and character of the
data until it is combined with classified
information.
Information about benefit requestor
and derivatives may include:
• Full name;
• Alias(es);
• Physical and mailing addresses;
• Date of birth;
• Place of birth;
• Gender;
• Ethnicity or tribal group;
• Religion;
• Present Citizenship or Nationality;
• Alien Number (A–Number);
• Resettlement Support Center Case
Number;
• Receipt Number;
• USCIS Online Account Number;
• Social Security number (SSN), if
any;
• Relationship to benefit requestor
(i.e., children under the age of 21 and
spouse);
• Employment authorization
eligibility and application history;
• Records regarding organization
membership or affiliation;
• Supporting documentation as
necessary (e.g., birth, marriage, divorce
certificates; licenses; academic
diplomas; academic transcripts; appeals
or motions to reopen or reconsider
decisions; explanatory statements; and
unsolicited information submitted
voluntarily by the applicant or family
members in support of a benefit
request);
• Government-issued identification
(e.g., passport, driver license):
Æ Document type;
Æ Issuing organization;
Æ Document number;
Æ Expiration date;
Æ Benefit requested;
• Notices and communications,
including:
Æ Receipt notices;
Æ Requests for Evidence;
Æ Notices of Intent to Deny;
Æ Proofs of benefit;
• Phone and fax numbers;
• Email addresses;
• Social Media handles, associated
identifiable information, and results;
• Marital status;
• Place of marriage;
• Arrival/Departure information;
• Immigration history (e.g.,
citizenship/naturalization certificate
number, removals, explanations);
• Family relationships (e.g., parent,
spouse, sibling, child, other
dependents);
• Relationship practices (e.g.,
polygamy, custody, guardianship);
• Personal background information
(e.g., involvement with national security
threats, criminal offenses, Communist
party affiliation, activity and/or
affiliation with groups or organizations
SYSTEM LOCATION:
Records are maintained in DHS/
USCIS information technology (IT)
systems and associated electronic and
paper files located at USCIS
Headquarters in Washington, DC and in
DHS/USCIS service centers and
domestic and international field offices
to support USCIS Refugee, Asylum, and
International Operations (RAIO) Refugee
Affairs Division (RAD). The DHS/USCIS
IT systems, as well as DOS IT systems
that support the Refugee Case
Processing and Security Screening
Information include: The DOS WRAPS,
USCIS CAMINO, and CLAIMS 3.
Refugee application data and biographic
check results for the principal applicant,
derivatives, and other family members
are processed in DOS WRAPS and
USCIS CAMINO. Biometric check
results for the refugee applicant and
derivatives are stored in the USCIS
Customer Profile Management System
(CPMS). Applications for the adjustment
of status, refugee travel documents, and
follow-to-join benefit petitions Form I–
730, are processed in USCIS CAMINO
and CLAIMS 3. Records are replicated
from the operational DHS/USCIS IT
systems and maintained on DHS
unclassified and classified networks.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include: (1) Individuals who
have applied for admission to the
United States under the USRAPS; (2)
spouses (current and former) and
children of a principal refugee applicant
included in the refugee application; (3)
principal refugee applicant’s parents
and relatives in the United States; (4)
other individuals listed as part of the
family tree and including points of
contact in the United States and other
individuals with whom the applicant
associates; (5) individuals who have
petitioned for follow-to-join (derivative)
refugee or asylum status for their spouse
and unmarried children under the age of
21 on Form I–730 Refugee/Asylee
Relative Petition; (6) persons who
complete refugee applications on behalf
of the refugee applicant (e.g., form
preparers, interpreters); and (7)
individuals associated with partner
organizations such as Resettlement
Support Centers and the United Nations
High Commissioner for Refugees.
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abroad, torture, genocide, killing,
injuring, forced sexual contact, limiting
or denying others religious beliefs,
service in military or other armed
groups, work in penal or detention
systems, weapons);
• Health information (e.g.,
vaccinations, referrals, communicable
diseases, physical or mental disorders,
prostitution, drug or alcohol abuse);
• Employment authorization
eligibility and application history;
• Professional accreditation
information;
• Financial information (e.g., income,
expenses, scholarships, savings, assets,
property, financial support, supporter
information, life insurance, debts,
encumbrances, tax records);
• Travel history;
• Explanation/description of foreign
travel;
• Education history;
• Work history;
• Documents establishing identity
and claimed relationship (e.g., marriage
record, civil or criminal history, medical
records, education records, DNA
results);
• Physical description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Biometrics (i.e., fingerprints and
photographs) and other information
(e.g., race, ethnicity, weight, height, eye
color, hair color);
• Background check results;
• Reports of investigations or
derogatory information obtained from
DHS and other federal systems;
• Refugee interview notes and
assessments;
• Information regarding the status of
Department of Justice (DOJ), Executive
Office of Immigration Review (EOIR)
proceedings, if applicable; and
• Case processing information such as
date applications were filed or received
by USCIS; application/petition status,
location of record, other control number
when applicable, and fee receipt data.
Information about the benefit
requestor’s parents and relatives in the
United States and other individuals
listed as part of the family tree and
including points of contact in the
United States and other individuals
with whom the applicant associates:
• Name;
• Date of Birth;
• Relationship to the benefit
requestor;
• Country of Birth;
• Address; and
• Background check results.
Information about Registrants,
Preparers, and Interpreters may include:
• Full name;
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• Organization;
• Business State ID number;
• Employer Tax Identification
Number;
• Physical and mailing addresses:
• Email address;
• Phone and fax numbers;
• Relationship to applicant; and
• Signature.
Information about Accredited
Representatives and Attorneys includes:
• Name;
• Law Firm/Recognized Organization;
• Physical and mailing addresses:
• Phone and fax numbers;
• Email address;
• Attorney Bar Card Number or
equivalent;
• Bar membership;
• Accreditation date;
• Board of Immigration Appeals
Representative Accreditation;
• Expiration date;
• Law Practice Restriction
Explanation; and
• Signature.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintaining this system
is in Section 207 of the Immigration and
Nationality Act (INA), as amended.
PURPOSE(S):
The purpose of this system is to
collect, use, maintain, disseminate, and
store refugee information, including the
administration and adjudication of the
review of refugee applications and
follow-to-join applications for those
who are seeking consideration for
refugee resettlement, as well as
applications for permanent residency,
employment authorization, and travel
abroad.
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). Even
when a valid routine use permits
disclosure of information from this
system of records to a third party, in
some cases such disclosure may not be
permissible because of confidentiality
laws and policies that limit the sharing
of information regarding individuals
applying for refugee status.
Information in this system of records
contains information relating to persons
who have pending or approved refugee
applications or pending or approved
follow-to-join petitions should not be
disclosed pursuant to a routine use
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unless disclosure is otherwise
permissible under 8 CFR 208.6. These
confidentiality provisions do not
prevent DHS from disclosing
information to the DOJ and Offices of
the United States Attorneys as part of an
ongoing criminal or civil investigation.
These provisions permit disclosure to
courts under certain circumstances as
well, as provided under 8 CFR
208.6(c)(2). Subject to these restrictions:
A. To the DOJ, including Offices of
the United States Attorneys, or other
federal agency conducting litigation or
in 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 of the litigation or has an interest
in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when 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 at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) 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 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’s efforts to
respond to the suspected or confirmed
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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, when 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 DOS, their contractors, agents,
grantees, experts, consultants, or others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for DOS (e.g., RSC,
International Organization for
Migration), when necessary to
accomplish refugee case processing.
I. 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 use
is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
J. To requesting foreign governments
under appropriate information sharing
agreements and there is a legitimate
need to share information for law
enforcement or national security
purposes under 8 CFR 208.6.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
sradovich on DSK3GMQ082PROD with NOTICES
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
DHS/USCIS stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
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17:39 Oct 18, 2016
Jkt 241001
RETRIEVABILITY:
DHS/USCIS may retrieve records by
any of the data elements listed above or
a combination thereof. This may include
name, date of birth, alias(es), place of
birth, gender, ethnicity or tribal group,
physical addresses, relatives addresses,
A-Number, SSN, USCIS Online
Account, Receipt Number, Resettlement
Support Center Case Number,
government-issued identification,
notices and communications, phone
numbers, and email addresses.
SAFEGUARDS:
DHS/USCIS safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. DHS/USCIS has
imposed strict controls 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:
DHS/USCIS stores the physical
documentation in the Alien File, and
maintains refugee case processing and
security screening information and
follow-to-join applications in the
respective case management systems.
The A-File records are permanent
whether hard copy or electronic. USCIS
transfers the A-Files to the custody of
NARA 100 years after the individual’s
date of birth.
NARA approved the CAMINO [N1–
566–12–06] and CLAIMS 3 [N1–566–
08–12] Retention Schedules.
CAMINO Master File automated
records are maintained for 25 years after
the case is closed and then destroyed.
CLAIMS 3 records are destroyed after
the data is transferred to the electronic
master file and verified. Information in
the master file is destroyed 15 years
after the last completed action with
respect to the benefit. USCIS is
proposing to update the CLAIMS 3
Retention Schedule to destroy records
50 years after the last completed action.
This retention schedule allows USCIS to
address any follow-up inquiries or
requests related to the application,
including inquiries related to law
enforcement, public safety, and national
security, and to respond to Freedom of
Information Act/Privacy Act (FOIA/PA)
matters.
The biometric check data is retained
in CPMS, which is governed by a DHSwide retention schedule. The records in
CPMS are retained for 100 years from
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72079
the individual’s data of birth in
accordance with the NARA Disposition
Authority Number DAA–0563–2013–
0001–0005.
SYSTEM MANAGER AND ADDRESS:
For refugee records, the DHS system
manager is the Chief, Refugee Affairs
Division, Refugee, Asylum, and
International Operations Directorate,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 111 Massachusetts Avenue
NW., Washington, DC 20529.
For refugee follow-to-join records, the
DHS system manager is the Chief,
International Operations Division,
Refugee, Asylum, and International
Operations Directorate, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 111
Massachusetts Avenue NW.,
Washington, DC 20529.
For refugee records relating to
adjustment of status and travel, the DHS
system manger is the Associate Director,
Service Center Operations Directorate,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 111 Massachusetts Avenue
NW., Washington, DC 20529.
NOTIFICATION PROCEDURE:
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 the National
Records Center (NRC) FOIA/PA Office,
P.O. Box 648010, Lee’s Summit, MO,
64064–8010, 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, Department of
Homeland Security, 245 Murray Drive
SW., Building 410, STOP–0655,
Washington, DC 20528.
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
E:\FR\FM\19OCN1.SGM
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72080
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
Freedom of Information Act Officer,
https://www.dhs.gov/foia 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.
• JUSTICE/FBI–002 The FBI Central
Records System, 72 FR 3410 (January
25, 2007);
• DoD/A0025–2 Defense Biometric
Services, 74 FR 48237, (September 22,
2009);
• DoD Detainee Biometric
Information System, 72 FR 14534,
(March 28, 2007); and
• DoD/A0025–2a Defense Biometric
Identification Records System, 74 FR
17840, (April 17, 2009).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–25195 Filed 10–18–16; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
sradovich on DSK3GMQ082PROD with NOTICES
RECORD SOURCE CATEGORIES:
DHS/USCIS obtains records from the
applicant, and his or her accredited
representative, preparer, or interpreter.
Other information sources include
family members, federal databases for
security screening checks, RSCs, the
DOS Refugee Processing Center,
resettlement agencies, international
organizations, and local sources at
overseas sites. DHS/USCIS personnel
may input information as they process
a case, including information from
internal and external sources to verify
whether a benefit requestor or family is
eligible for the refugee benefit
requested. Refugee Case Process and
Security Screening also stores and uses
information from the following USCIS,
DHS, and other federal agency systems
of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, 78 FR 69864
(November 21, 2013);
• DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
• DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007);
• STATE–05, Overseas Citizen
Services Records (May 2, 2008);
• STATE–26, Passport Records, (Mar.
24, 2015)STATE–39, DOS Visa Opinion
Information Service (VOIS), 77 FR
65245, (Oct. 25, 2012);
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Jkt 241001
[Docket No. DHS–2016–0073]
Privacy Act of 1974; Department of
Homeland Security United States
Immigration Customs and
Enforcement—011 Criminal Arrest
Records and Immigration Enforcement
Records System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update, rename, and reissue a current
DHS system of records titled, ‘‘DHS//
U.S. Immigration and Customs
Enforcement (ICE)–011 Immigration and
Enforcement Operational Records
(ENFORCE)’’ system of records. DHS/
ICE collects, uses, and maintains
ENFORCE 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. DHS/ICE also
uses ENFORCE to support the
identification and arrest of individuals
(both citizens and non-citizens) who
commit violations of federal criminal
laws enforced by DHS. This system of
records is being created from a
previously issued system of records,
DHS/ICE 011–Immigration and
Enforcement Operational Records
(ENFORCE). See 80 FR 24,269 (Apr. 30,
2015).
SUMMARY:
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Frm 00046
Fmt 4703
Sfmt 4703
Submit comments on or before
November 18, 2016. This updated
system will be effective November 18,
2016.
DATES:
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
DHS/ICE is updating this system of
records to: Change the system of records
name to ‘‘DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER)’’ System of Records;
update and reorganize the categories of
individuals for clarity; expand the
categories of records to include
recordings of detainee telephone calls
and information about these calls, as
well as information related to detainees’
accounts for telephone or commissary
services in a detention facility; update
the system manager; clarify system
location; and add twenty-five routine
uses and modify twenty routine uses to
describe how the Department of
Homeland Security may share
information from this system.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.
You may submit comments,
identified by docket number DHS–
2016–0073 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, please visit https://
www.regulations.gov.
ADDRESSES:
For
general questions, please contact:
Amber Smith, (202–732–3300), Privacy
Officer, U.S. Immigration and Customs
Enforcement, 500 12th Street SW., Mail
Stop 5004, Washington, DC 20536. For
privacy questions, please contact:
Jonathan R. Cantor, (202–343–1717),
Acting Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72075-72080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25195]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0047]
Privacy Act of 1974; Department of Homeland Security/United
States Citizenship and Immigration Services-017 Refugee Case Processing
and Security Screening Information System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to establish a new Department of
Homeland Security system of records titled, ``DHS/United States
Citizenship and Immigration Services (USCIS)-017 Refugee Case
Processing and Security Screening Information'' system of records. DHS/
USCIS collects, uses, and maintains records on individuals seeking
refugee status.
This newly established system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Submit comments on or before November 18, 2016. This new system
will be effective November 18, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0047 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
[[Page 72076]]
comments received, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Donald K. Hawkins, (202) 272-8030, Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy questions, please contact: Jonathan R. Cantor, (202)
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the DHS/
USCIS proposes to establish a new DHS system of records titled, ``DHS/
USCIS-017 Refugee Case Processing and Security Screening Information''
system of records.
A refugee is generally defined under U.S. law as a person who is
outside his or her country of origin and is unable or unwilling to
return because of past persecution or a well-founded fear of future
persecution on account of race, religion, nationality, political
opinion, or membership in a particular social group. In certain
instances, under U.S. law, persons within their countries of
nationality or habitual residence may be considered refugees for the
purpose of admission to United States. The U.S. Refugee Admissions
Program (USRAP) was created by the Executive Branch and authorized by
Congress to admit foreign nationals who are outside the United States
as refugees. An applicant must first be given access to the USRAP
before he or she can be considered for eligibility as a refugee. The
USRAP is an interagency partnership involving federal agencies, such as
the Department of State (DOS) and DHS, and international and
nongovernmental organizations working together, both overseas and
domestically, to identify and admit qualified refugees for resettlement
into the United States. Within DHS, USCIS has responsibility for
adjudicating applications for refugee status and reviewing case
decisions, and U.S. Customs and Border Protection (CBP) screens
arriving refugees for admission at the port of entry.
Data on refugee applications are entered into the DOS-owned and
operated Worldwide Refugee Admissions Processing System (WRAPS), which
is an electronic case management system for refugee resettlement that
is used by DOS Bureau of Population, Refugees, and Migration (PRM) and
its worldwide partners and facilitates the refugee resettlement
process. WRAPS contains case information and tracks the processing of
refugee applications as they move through the required administrative
and adjudicative steps until arrival in the United States.
USCIS is responsible for determining applicants' eligibility for
refugee status based on in-person interviews with USCIS adjudicators.
Refugee applicants are also subject to numerous biographic and
biometric security checks. Refugees are considered for resettlement in
the United States if they meet one of the three processing priorities
established by DOS:
(1) The Office of the United Nations High Commissioner for Refugees
(UNHCR), a U.S. Embassy, or a specially trained non-governmental
organization refers them to the United States for resettlement
consideration;
(2) Groups of special concern identified by the USRAP; or
(3) Family reunification cases (i.e., spouses, unmarried children
under 21, parents of persons lawfully admitted to the United States as
refugees or asylees, or persons who are lawful permanent residents or
U.S. citizens who previously had refugee or asylum status for
designated nationalities).
Generally, refugees must be outside their country of origin or last
habitual residence to be eligible for access to the USRAP; however the
USRAP has legal authority to process refugees in their home countries
in certain locations.
All refugee applicants, derivatives, and certain family members are
subject to background security checks. As part of this process, refugee
applicants undergo a series of biometric and biographic checks. USCIS
may provide enhanced review and screening of certain refugee cases.
Through close coordination with the federal law enforcement and
intelligence communities, these checks are continually reviewed and
enhanced. Additionally, in some instances these checks may involve
reviewing social media to identify information on applicants related to
national security concerns and/or the refugee eligibility
determination.
If the USCIS adjudicator finds that the individual qualifies as a
refugee and meets other U.S. admission criteria, the officer will
approve or conditionally approve the refugee's application for
resettlement and submit it to the Resettlement Support Center (RSC) for
further processing. Conditional approvals become final once the results
of all background checks have been received and reviewed by USCIS. Upon
arrival in the United States, and after admission by a CBP Officer,
USCIS creates the A-Files from the refugee travel packet and from
documents forwarded from the RSC.
Individuals admitted to the United States as a refugee are required
to apply for adjustment of status to that of a lawful permanent
resident one year after admission as refugees. Until adjustment of
status, persons admitted as refugees possess ``refugee status,'' unless
such status is terminated by USCIS. Employment authorization for
refugees admitted to the United States is incidental to refugee status.
A refugee admitted to the United Statement may request derivative
refugee status for his/her spouse and unmarried children under the age
of 21 within two years of admission as a refugee by filing Form I-730,
Refugee/Asylee Relative Petition. Refugees who wish to travel abroad
may obtain a refugee travel document in order to facilitate their
return to the United States. USCIS is also responsible for processing
applications for permanent residency, employment authorization, and
refugee travel documents, which are processed in the Computer Linked
Applications Management System 3 (CLAIMS 3) and Case and Activity
Management for International Operations (CAMINO). More information on
these systems is available at www.dhs.gov/privacy. Benefit request
forms are stored in either the A-File or Receipt File.
USCIS has established the Refugee Case Processing and Security
Screening Information system of records to facilitate intake,
adjudication, and review of refugee programs. USCIS uses Refugee Case
Processing and Security Screening Information to track case status, as
well as initiate, facilitate, and track biometric and biographic check
screenings and to prevent the approval of any benefit prior to the
review and completion of all background checks. Finally, these records
are used by USCIS to generate statistical reports to assist with
oversight of production and processing goals.
As a matter of policy, the regulations at 8 CFR 208.6 prohibiting
disclosure of information contained in or pertaining to an alien's
application for asylum, credible fear determination, or reasonable fear
determination are applied to an alien's application or status as a
refugee. USCIS affords information covered by the DHS/USCIS-017 Refugee
Case Processing and Security Screening Information System SORN the
confidentiality protections contained in 8 CFR 208.6, which strictly
limits the disclosure of information to third parties. Information
protected by 8 CFR 208.6 may not be disclosed without the written
consent of the applicant,
[[Page 72077]]
except as permitted by 8 CFR 208.6(c) or at the discretion of the
Secretary of Homeland Security or the Attorney General of the United
States.
Consistent with DHS's information sharing mission, information
covered by the DHS/USCIS-017 Refugee Case Processing and Security
Screening Information SORN may be shared with other DHS components that
have a need-to-know the information to carry out their national
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, DHS/USCIS may share information with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the confidentiality
provisions of 8 CFR. 208.6 and with the routine uses set forth in this
system of records notice.
This new system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCIS-017 Refugee Case
Processing and Security Screening Information 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
Department of Homeland Security (DHS)/United States Citizenship and
Immigration Services (USCIS)-017
System name:
DHS/USCIS-017 Refugee Case Processing and Security Screening
Information
Security classification:
Unclassified, Sensitive, For Official Use Only. The data may be
retained on classified networks, but this does not change the nature
and character of the data until it is combined with classified
information.
System location:
Records are maintained in DHS/USCIS information technology (IT)
systems and associated electronic and paper files located at USCIS
Headquarters in Washington, DC and in DHS/USCIS service centers and
domestic and international field offices to support USCIS Refugee,
Asylum, and International Operations (RAIO) Refugee Affairs Division
(RAD). The DHS/USCIS IT systems, as well as DOS IT systems that support
the Refugee Case Processing and Security Screening Information include:
The DOS WRAPS, USCIS CAMINO, and CLAIMS 3. Refugee application data and
biographic check results for the principal applicant, derivatives, and
other family members are processed in DOS WRAPS and USCIS CAMINO.
Biometric check results for the refugee applicant and derivatives are
stored in the USCIS Customer Profile Management System (CPMS).
Applications for the adjustment of status, refugee travel documents,
and follow-to-join benefit petitions Form I-730, are processed in USCIS
CAMINO and CLAIMS 3. Records are replicated from the operational DHS/
USCIS IT systems and maintained on DHS unclassified and classified
networks.
Categories of individuals covered by the system:
Categories of individuals covered by this system include: (1)
Individuals who have applied for admission to the United States under
the USRAPS; (2) spouses (current and former) and children of a
principal refugee applicant included in the refugee application; (3)
principal refugee applicant's parents and relatives in the United
States; (4) other individuals listed as part of the family tree and
including points of contact in the United States and other individuals
with whom the applicant associates; (5) individuals who have petitioned
for follow-to-join (derivative) refugee or asylum status for their
spouse and unmarried children under the age of 21 on Form I-730
Refugee/Asylee Relative Petition; (6) persons who complete refugee
applications on behalf of the refugee applicant (e.g., form preparers,
interpreters); and (7) individuals associated with partner
organizations such as Resettlement Support Centers and the United
Nations High Commissioner for Refugees.
Categories of records in the system:
Information about benefit requestor and derivatives may include:
Full name;
Alias(es);
Physical and mailing addresses;
Date of birth;
Place of birth;
Gender;
Ethnicity or tribal group;
Religion;
Present Citizenship or Nationality;
Alien Number (A-Number);
Resettlement Support Center Case Number;
Receipt Number;
USCIS Online Account Number;
Social Security number (SSN), if any;
Relationship to benefit requestor (i.e., children under
the age of 21 and spouse);
Employment authorization eligibility and application
history;
Records regarding organization membership or affiliation;
Supporting documentation as necessary (e.g., birth,
marriage, divorce certificates; licenses; academic diplomas; academic
transcripts; appeals or motions to reopen or reconsider decisions;
explanatory statements; and unsolicited information submitted
voluntarily by the applicant or family members in support of a benefit
request);
Government-issued identification (e.g., passport, driver
license):
[cir] Document type;
[cir] Issuing organization;
[cir] Document number;
[cir] Expiration date;
[cir] Benefit requested;
Notices and communications, including:
[cir] Receipt notices;
[cir] Requests for Evidence;
[cir] Notices of Intent to Deny;
[cir] Proofs of benefit;
Phone and fax numbers;
Email addresses;
Social Media handles, associated identifiable information,
and results;
Marital status;
Place of marriage;
Arrival/Departure information;
Immigration history (e.g., citizenship/naturalization
certificate number, removals, explanations);
Family relationships (e.g., parent, spouse, sibling,
child, other dependents);
Relationship practices (e.g., polygamy, custody,
guardianship);
Personal background information (e.g., involvement with
national security threats, criminal offenses, Communist party
affiliation, activity and/or affiliation with groups or organizations
[[Page 72078]]
abroad, torture, genocide, killing, injuring, forced sexual contact,
limiting or denying others religious beliefs, service in military or
other armed groups, work in penal or detention systems, weapons);
Health information (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders, prostitution, drug
or alcohol abuse);
Employment authorization eligibility and application
history;
Professional accreditation information;
Financial information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Travel history;
Explanation/description of foreign travel;
Education history;
Work history;
Documents establishing identity and claimed relationship
(e.g., marriage record, civil or criminal history, medical records,
education records, DNA results);
Physical description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like tattoos or
birthmarks);
Biometrics (i.e., fingerprints and photographs) and other
information (e.g., race, ethnicity, weight, height, eye color, hair
color);
Background check results;
Reports of investigations or derogatory information
obtained from DHS and other federal systems;
Refugee interview notes and assessments;
Information regarding the status of Department of Justice
(DOJ), Executive Office of Immigration Review (EOIR) proceedings, if
applicable; and
Case processing information such as date applications were
filed or received by USCIS; application/petition status, location of
record, other control number when applicable, and fee receipt data.
Information about the benefit requestor's parents and relatives in
the United States and other individuals listed as part of the family
tree and including points of contact in the United States and other
individuals with whom the applicant associates:
Name;
Date of Birth;
Relationship to the benefit requestor;
Country of Birth;
Address; and
Background check results.
Information about Registrants, Preparers, and Interpreters may
include:
Full name;
Organization;
Business State ID number;
Employer Tax Identification Number;
Physical and mailing addresses:
Email address;
Phone and fax numbers;
Relationship to applicant; and
Signature.
Information about Accredited Representatives and Attorneys
includes:
Name;
Law Firm/Recognized Organization;
Physical and mailing addresses:
Phone and fax numbers;
Email address;
Attorney Bar Card Number or equivalent;
Bar membership;
Accreditation date;
Board of Immigration Appeals Representative Accreditation;
Expiration date;
Law Practice Restriction Explanation; and
Signature.
Authority for maintenance of the system:
Authority for maintaining this system is in Section 207 of the
Immigration and Nationality Act (INA), as amended.
Purpose(s):
The purpose of this system is to collect, use, maintain,
disseminate, and store refugee information, including the
administration and adjudication of the review of refugee applications
and follow-to-join applications for those who are seeking consideration
for refugee resettlement, as well as applications for permanent
residency, employment authorization, and travel abroad.
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). Even when a valid routine
use permits disclosure of information from this system of records to a
third party, in some cases such disclosure may not be permissible
because of confidentiality laws and policies that limit the sharing of
information regarding individuals applying for refugee status.
Information in this system of records contains information relating
to persons who have pending or approved refugee applications or pending
or approved follow-to-join petitions should not be disclosed pursuant
to a routine use unless disclosure is otherwise permissible under 8 CFR
208.6. These confidentiality provisions do not prevent DHS from
disclosing information to the DOJ and Offices of the United States
Attorneys as part of an ongoing criminal or civil investigation. These
provisions permit disclosure to courts under certain circumstances as
well, as provided under 8 CFR 208.6(c)(2). Subject to these
restrictions:
A. To the DOJ, including Offices of the United States Attorneys, or
other federal agency conducting litigation or in 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 of the
litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when 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 at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) 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 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's efforts to
respond to the suspected or confirmed
[[Page 72079]]
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, when 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 DOS, their contractors, agents, grantees, experts,
consultants, or others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for DOS (e.g., RSC,
International Organization for Migration), when necessary to accomplish
refugee case processing.
I. 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 use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
J. To requesting foreign governments under appropriate information
sharing agreements and there is a legitimate need to share information
for law enforcement or national security purposes under 8 CFR 208.6.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/USCIS stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.
Retrievability:
DHS/USCIS may retrieve records by any of the data elements listed
above or a combination thereof. This may include name, date of birth,
alias(es), place of birth, gender, ethnicity or tribal group, physical
addresses, relatives addresses, A-Number, SSN, USCIS Online Account,
Receipt Number, Resettlement Support Center Case Number, government-
issued identification, notices and communications, phone numbers, and
email addresses.
Safeguards:
DHS/USCIS safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/USCIS has imposed strict controls 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:
DHS/USCIS stores the physical documentation in the Alien File, and
maintains refugee case processing and security screening information
and follow-to-join applications in the respective case management
systems. The A-File records are permanent whether hard copy or
electronic. USCIS transfers the A-Files to the custody of NARA 100
years after the individual's date of birth.
NARA approved the CAMINO [N1-566-12-06] and CLAIMS 3 [N1-566-08-12]
Retention Schedules.
CAMINO Master File automated records are maintained for 25 years
after the case is closed and then destroyed.
CLAIMS 3 records are destroyed after the data is transferred to the
electronic master file and verified. Information in the master file is
destroyed 15 years after the last completed action with respect to the
benefit. USCIS is proposing to update the CLAIMS 3 Retention Schedule
to destroy records 50 years after the last completed action. This
retention schedule allows USCIS to address any follow-up inquiries or
requests related to the application, including inquiries related to law
enforcement, public safety, and national security, and to respond to
Freedom of Information Act/Privacy Act (FOIA/PA) matters.
The biometric check data is retained in CPMS, which is governed by
a DHS-wide retention schedule. The records in CPMS are retained for 100
years from the individual's data of birth in accordance with the NARA
Disposition Authority Number DAA-0563-2013-0001-0005.
System Manager and address:
For refugee records, the DHS system manager is the Chief, Refugee
Affairs Division, Refugee, Asylum, and International Operations
Directorate, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue NW., Washington, DC 20529.
For refugee follow-to-join records, the DHS system manager is the
Chief, International Operations Division, Refugee, Asylum, and
International Operations Directorate, U.S. Citizenship and Immigration
Services, Department of Homeland Security, 111 Massachusetts Avenue
NW., Washington, DC 20529.
For refugee records relating to adjustment of status and travel,
the DHS system manger is the Associate Director, Service Center
Operations Directorate, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 111 Massachusetts Avenue NW.,
Washington, DC 20529.
Notification procedure:
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 the National Records Center (NRC)
FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO, 64064-8010, 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, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
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
[[Page 72080]]
Freedom of Information Act Officer, https://www.dhs.gov/foia 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:
DHS/USCIS obtains records from the applicant, and his or her
accredited representative, preparer, or interpreter. Other information
sources include family members, federal databases for security
screening checks, RSCs, the DOS Refugee Processing Center, resettlement
agencies, international organizations, and local sources at overseas
sites. DHS/USCIS personnel may input information as they process a
case, including information from internal and external sources to
verify whether a benefit requestor or family is eligible for the
refugee benefit requested. Refugee Case Process and Security Screening
also stores and uses information from the following USCIS, DHS, and
other federal agency systems of records:
DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, 78 FR 69864 (November 21, 2013);
DHS/USCIS-002 Background Check Service, 72 FR 31082 (June
5, 2007);
DHS/USCIS-003 Biometric Storage System, 72 FR 17172 (April
6, 2007);
STATE-05, Overseas Citizen Services Records (May 2, 2008);
STATE-26, Passport Records, (Mar. 24, 2015)STATE-39, DOS
Visa Opinion Information Service (VOIS), 77 FR 65245, (Oct. 25, 2012);
JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410
(January 25, 2007);
DoD/A0025-2 Defense Biometric Services, 74 FR 48237,
(September 22, 2009);
DoD Detainee Biometric Information System, 72 FR 14534,
(March 28, 2007); and
DoD/A0025-2a Defense Biometric Identification Records
System, 74 FR 17840, (April 17, 2009).
Exemptions claimed for the system:
None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-25195 Filed 10-18-16; 8:45 am]
BILLING CODE 9111-97-P