Privacy Act of 1974; System of Records, 20844-20850 [2018-09902]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20844-20850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09902]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0013]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify, rename, and reissue a 
current DHS U.S. Immigration and Customs Enforcement (ICE) system of 
records titled, ``Department of Homeland Security (DHS)/U.S. 
Immigration and Customs Enforcement (ICE)-007 Alien Criminal Response 
Information Management (ACRIMe).'' This system of records allows the 
Department to receive and respond to criminal history and immigration 
status inquiries made by federal, state, and local law enforcement 
agencies, and other federal agencies, including the Office of Personnel 
Management (OPM) and the Department of Health and Human Services (HHS). 
This system of records notice (SORN) covers records the Department 
collects and maintains on individuals who are: Arrested; screened as 
part of a background check to determine suitability for employment, 
access, or other purposes; screened to verify or ascertain citizenship 
or immigration status, immigration history, and criminal history to 
inform an HHS determination regarding sponsorship of an unaccompanied 
alien child; or otherwise encountered by federal, state, and local law 
enforcement agencies. DHS may also use information maintained in this 
system of records for other purposes consistent with its statutory 
authorities.
    As a result of a biennial review of this system, the Department is 
updating this SORN to: Change the system of records name to Criminal 
History and Immigration Verification (CHIVe); add one new category of 
individuals to include individuals seeking approval from HHS to sponsor 
an unaccompanied alien child and/or other adult members of the 
potential sponsor's household; add one new category of records to 
include biometrics for potential sponsors of an unaccompanied alien 
child and/or other adult members of the potential sponsor's household; 
expand a category of records to include screening to verify or 
ascertain citizenship or immigration status, immigration history, and 
criminal history for sponsorship of unaccompanied alien children; add a

[[Page 20845]]

new purpose of the system: To screen individuals to verify or ascertain 
citizenship or immigration status, immigration history, and criminal 
history to inform determinations regarding sponsorship of unaccompanied 
alien children who are in the care and custody of HHS; add a new 
routine use to describe how the DHS may share information from this 
system of records with HHS; modify routine use (E) and add routine use 
(F) to conform to Office of Management and Budget (OMB) Memorandum M-
17-12 ``Preparing for and Responding to a Breach of Personally 
Identifiable Information'' (Jan. 3, 2017); revise the records retention 
periods so that they align with the records schedule approved by the 
National Archives and Records Administration (NARA); and clarify that 
DHS may use information maintained in this system of records for other 
purposes consistent with its statutory authorities.
    Because this system will no longer cover information related to 
public tips, ICE is also updating the SORN to: Remove two categories of 
individuals; remove two categories of records; remove one routine use 
that allows DHS to disclose reports of suspicious activity, tips, 
potential violations of law, and other relevant information to external 
law enforcement agencies; and remove four purposes for the collection 
of information. Additionally, this notice includes non-substantive 
changes to simplify the formatting and text of the previously published 
notice. This modified system of records will be included in DHS's 
inventory of record systems. ICE will issue a new Privacy Act 
rulemaking, elsewhere in the Federal Register.

DATES: Submit comments on or before June 7, 2018. This modified system 
of records notice will be effective upon publication. New or modified 
routine uses will be effective June 7, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0013 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number for this notice DHS-2018-0013. 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: For general questions, please contact: 
Amber Smith, Privacy Officer, U.S. Immigration and Customs Enforcement, 
Washington, DC 20536-5600, (202) 732-3300, [email protected]. For 
privacy questions, please contact: Philip S. Kaplan, 
[email protected], (202) 343-1717, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS, 
U.S. Immigration and Customs Enforcement (ICE) proposes to modify, 
rename, and reissue a current DHS system of records notice (SORN) 
titled, ``DHS/ICE-007 Alien Criminal Response Information Management 
(ACRIMe),'' 78 FR 10623 (Feb. 14, 2013).
    The DHS/ICE update to ACRIMe includes several changes. First, the 
system of records is being renamed ``Criminal History and Immigration 
Verification (CHIVe)'' to better align with the purpose of the system. 
This system of records covers records documenting inquiries received 
from federal, state, and local law enforcement agencies so ICE can 
check the immigration status and criminal history of individuals who 
are arrested or otherwise encountered by those agencies; and other 
federal agencies for screening (including as part of background checks 
being conducted by those agencies) to inform those agencies' 
determinations regarding suitability for employment, access, 
sponsorship of an unaccompanied alien child, or other purposes or 
otherwise encountered by those agencies.
    Second, DHS is adding a purpose of the system, as ICE will now 
screen individuals seeking approval from HHS to sponsor an 
unaccompanied alien child, as well as other adult members of the 
potential sponsor's household, to verify or ascertain citizenship or 
immigration status, immigration history, and criminal history.
    Third, DHS is clarifying that DHS may use information maintained in 
this system of records for other purposes consistent with its statutory 
authorities.
    Fourth, this update adds a new category of individuals: Those 
seeking approval from HHS to sponsor an unaccompanied alien child and/
or other adult members of the potential sponsor's household.
    Fifth, DHS is adding one category of records to include biometrics 
for potential sponsors and/or other adult members of the potential 
sponsor's household. DHS has also modified a category of records to 
include citizenship or immigration status and criminal and immigration 
history information for sponsorship of unaccompanied alien children.
    Sixth, DHS is adding one new routine use that would allow ICE to 
share from this system of records the results of screening of potential 
sponsors and adult members of their households with HHS to inform HHS's 
determination whether to grant sponsor applications. Below is a summary 
of the new routine use and its corresponding letter:
    (HH) To HHS, the citizenship or immigration status, immigration 
history, criminal history information, and other biographic information 
of potential sponsors for unaccompanied alien children and other adult 
members of the potential sponsors' households to inform an HHS 
determination regarding sponsorship of an unaccompanied alien child.
    DHS is also modifying routine use (E) and adding routine use (F) to 
conform to Office of Management and Budget (OMB) Memorandum M-17-12 
``Preparing for and Responding to a Breach of Personally Identifiable 
Information'' (Jan. 3, 2017). All following routine uses are being 
renumbered to account for the additional routine use.
    Seventh, DHS is revising the records retention periods so that they 
align with the records retention schedule approved by the National 
Archives and Records Administration (NARA).
    Finally, DHS is modifying this SORN since this system will no 
longer store information pertaining to the collection, processing, and 
response to public tip information concerning customs and immigration 
violations, suspicious activity, or other law enforcement matters. ICE 
will continue to collect information about individuals reporting tips, 
the subjects of such tips, and any information ICE collects in 
following up on a tip in the DHS/ICE-016 FALCON Search and Analysis 
System of Records, 82 FR 20905 (May 4, 2017).
    As a result, the following changes are being made: (1) Two 
categories of individuals are being removed from the system--
individuals who report tips and individuals about whom those reports 
are made; (2) two categories of records are being removed from the 
system--those public tip records, which consist of information 
contained in tips

[[Page 20846]]

received from the public or other sources regarding customs and 
immigration violations, other actual or potential violations of law, 
and suspicious activities; and also records created pertaining to ICE's 
follow-up activities regarding a tip; (3) one routine use is being 
removed from the system that allows DHS to disclose reports of 
suspicious activity, tips, potential violations of law, and other 
relevant information to external law enforcement agencies; and (4) four 
purposes for the collection of information are being removed from the 
system. Purpose (4) in the prior iteration of this SORN has been 
removed as it pertains to public tip records. Purposes (5), (6), and 
(7) have been removed since these purposes are more focused on ICE's 
Law Enforcement Support Center (LESC) rather than the system as a 
whole.
    Information stored in the DHS/ICE-007 Criminal History and 
Immigration Verification (CHIVe) System of Records 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, ICE 
may share information with appropriate federal, state, local, tribal, 
territorial, foreign, or international government agencies consistent 
with the routine uses set forth in this SORN. This modified system of 
records will be included in DHS's inventory of record systems. Further, 
ICE will issue a new rule covering exemptions for this modified SORN 
elsewhere in the Federal Register.

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. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ICE-007 Criminal History and 
Immigration Verification (CHIVe) 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 NAME AND NUMBER:
    Department of Homeland Security (DHS)/U.S. Immigration and Customs 
Enforcement (ICE)-007 Criminal History and Immigration Verification 
(CHIVe) System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the ICE Headquarters in Washington, DC 
and ICE field offices. Records are also maintained in the ACRIMe 
information technology system, and the DHS Data Centers in Washington, 
DC.

SYSTEM MANAGER(S):
    Unit Chief, Law Enforcement Support Center, U.S. Immigration and 
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495; Unit Chief, 
Juvenile and Family Residential Management Unit, U.S. Immigration and 
Customs Enforcement, 500 12th Street SW, Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. secs. 1103, 1226, 1227, 1228, 1231, 1232, 1357, 1360; 19 
U.S.C. 1589a; and the Brady Handgun Violence Protection Act of 1993 
(Pub. L. 103-159).

PURPOSE(S) OF THE SYSTEM:
    The purposes of this system are: (1) To assist in identifying and 
arresting individuals in the United States who may be subject to 
removal under the Immigration and Nationality Act, as amended; (2) To 
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) To screen individuals to 
verify or ascertain citizenship or immigration status, immigration 
history, and criminal history to inform determinations regarding 
sponsorship of unaccompanied alien children who are in the care and 
custody of HHS and to identify and arrest those who may be subject to 
removal; and (4) To 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.

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 seeking approval from HHS to sponsor an 
unaccompanied alien child, and/or other adult members of the potential 
sponsor's household.
    (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 include:
     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);
     Visa, border, immigration and citizenship information 
(e.g., citizenship and/or immigration status, application

[[Page 20847]]

for benefit information, visa and travel history);
     Criminal history information (e.g., FBI number, booking 
number, current charge[s], custodial status, past offenses and 
convictions);
     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;
     Background investigation records, which consist of 
identifying and other information received from agencies requesting an 
immigration status check and/or criminal history 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;
     Sponsor screening records, which consist of identifying 
and other information received from HHS regarding potential sponsors of 
unaccompanied alien children and other adult members of the potential 
sponsor's household; research conducted by ICE during such screening; 
and ICE's response to those inquiries.
     Biometric identifiers (potential sponsors for 
unaccompanied alien children and other adult members of the potential 
sponsors' household only);
     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;
     Information received pursuant to the activities supported 
by this system of records, including leads for ICE investigations and 
referrals to other agencies; and
     Identification and authentication information for law 
enforcement officers or other criminal justice personnel who contact 
ICE.

RECORD SOURCE CATEGORIES:
    Records are obtained from ICE, other federal, state, local, tribal, 
foreign, and international criminal justice entities (e.g., law 
enforcement agencies, investigators, prosecutors, correctional 
institutions, police departments, and parole boards), and other Federal 
Government agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 the 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only 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 
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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. 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.
    H. 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.
    I. 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.
    J. 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.
    K. 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.

[[Page 20848]]

    L. 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 when the 
Government has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    M. To the DOJ, Federal Bureau of Prisons (BOP), and other federal, 
state, local, territorial, tribal, and foreign law enforcement or 
custodial agencies for the purpose of placing an immigration detainer 
on an individual in that agency's custody, or to facilitate the 
transfer of custody of an individual 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 when 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 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, 
with the approval of the Chief Privacy Officer, when 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 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 
to the extent necessary to obtain information 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

[[Page 20849]]

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 may be the 
subject of an ICE-generated NCIC criminal arrest warrant or immigration 
lookout record.
    GG. To the U.S. Department of Health and Human Services (HHS), the 
citizenship or immigration status, immigration history, criminal 
history information, and other biographic information of potential 
sponsors for unaccompanied alien children and other adult members of 
the potential sponsors' households to inform an HHS determination 
regarding sponsorship of an unaccompanied alien child.
    HH. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/ICE 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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/ICE retrieves records 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.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with Records Control Schedule DAA-0567-2017-0002, ICE 
retains the Immigration Alien Query (IAQ) and Immigration Alien 
Response (IAR) records pertaining to traditional law enforcement 
checks, non-criminal biographical and biometric investigations; and 
ICE-generated FBI NCIC records for seventy-five (75) years. Records 
collected pursuant to the Brady Act, special security events, 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 information technology system. 
Furthermore, ICE is proposing to NARA to maintain records pertaining to 
the sponsorship of unaccompanied alien children for five (5) years. 
Until these records are officially scheduled, they will be treated as 
permanent and cannot be deleted.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. ICE 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.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and the JRA if applicable, because it is a law enforcement system. 
However, DHS/ICE will consider individual requests to determine whether 
or not information may be released. Thus, individuals seeking access to 
and notification of any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
ICE Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at https://www.dhs.gov/foia under ``Contact 
Information.'' 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, Washington, 
DC 20528-0655. Even if neither the Privacy Act nor the JRA provides a 
right of access, certain records about the individual may be available 
under FOIA.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide his or her full 
name, current address, and date and place of birth. The individual must 
sign the request, and the individual's 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, an individual 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, 
the individual should:
     Explain why he or she believe the Department would have 
information being requested;
     Identify which component(s) of the Department the 
individual believes may have the information about him or her;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his or her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest the accuracy of records in this 
system of records should submit these requests to

[[Page 20850]]

the ICE Office of Information Governance and Privacy--Privacy Division. 
Requests must comply with verification of identity requirements set 
forth in DHS Privacy Act regulations at 6 CFR 5.21(d). Please specify 
the nature of the complaint and provide any supporting documentation. 
By mail (please note substantial delivery delays exist): ICE Office of 
Information Governance and Privacy--Privacy Division, 500 12th Street 
SW, Mail Stop 5004, Washington, DC 20536. By email: 
[email protected]. Please contact the Privacy Division with any 
questions about submitting a request or complaint at 202-732-3300 or 
[email protected].

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and 
(g). Additionally, the Secretary of Homeland Security, pursuant to 5 
U.S.C. 552a(k)(2), has exempted this system from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), and (e)(1), 
(e)(4)(G), (e)(4)(H), and (f). 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.

HISTORY:
    78 FR 10623 (Feb. 14, 2013); 75 FR 8377 (Feb. 24, 2010); 74 FR 
45079 (Aug. 31, 2009); 73 FR 74739 (Dec. 9, 2008).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-09902 Filed 5-7-18; 8:45 am]
 BILLING CODE 9111-28-P