Agency Information Collection Activities: Generic Clearance for the Collection of Social Media Information on Immigration and Foreign Travel Forms, 7573-7577 [2020-02614]
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
• Public Law 107–347, ‘‘EGovernment Act of 2002,’’ as amended,
Section 208 [44 U.S.C. 3501 note]
• Title 5, United States Code (U.S.C.),
Section 552a, ‘‘Records maintained on
individuals’’ [The Privacy Act of 1974,
as amended].
• Title 6, U.S.C., Section 142,
‘‘Privacy officer.’’
• Title 44, U.S.C., Chapter 35,
Subchapter II, ‘‘Information Security’’
[The Federal Information Security
Modernization Act of 2014 (FISMA)].
• DHS Directive 047–01, ‘‘Privacy
Policy and Compliance’’ (July 25, 2011).
• DHS Instruction 047–01–001,
‘‘Privacy Policy and Compliance’’ (July
25, 2011).
• Privacy Policy Guidance
Memorandum 2008–01/Privacy Policy
Directive 140–06, ‘‘The Fair Information
Practice Principles: Framework for
Privacy Policy at the Department of
Homeland Security.’’ (December 29,
2008).
• Privacy Policy Guidance
Memorandum 2017–01, DHS Privacy
Policy Regarding Collection, Use,
Retention, and Dissemination of
Personally Identifiable Information.
(April 25, 2017).
• Refugees and asylees are protected
by the confidentiality provisions of 8
CFR 208.6; 8 U.S.C. 1103. Aliens in TPS
status have the confidentiality
protections described in 8 CFR 244.16;
8 U.S.C. 1254a(c)(6). There are no
confidentiality assurances for other
aliens applying for the benefit.
• The system of record notices
associated with this information
collection are:
Æ DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, September 18, 2017,
82 FR 43556 (all USCIS forms).
Æ DHS/USCIS–007 Benefits
Information System, October 19, 2016,
81 FR 72069 (Forms N–400, I–131, I–
192, I–485, I–590, I–730, I–751, I–829).
Æ DHS/USCIS–010 Asylum
Information and Pre-Screening System
of Records November 30, 2015, 80 FR
74781 (Form I–589).
Æ DHS/CBP–006 Automated
Targeting System, May 22, 2012, 77 FR
30297 (Form I–192).
Æ DHS/USCIS–017—Refugee Case
Processing and Security Screening
Information System of Records October
19, 2016, 81 FR 72075 (Forms I–730).
Æ DHS/CBP Electronic Visa Update
System (EVUS) System of Records,
September 1, 2016, 81 FR 60371 (EVUS
Form); Final Rule for Privacy
Exemptions, November 25, 2016, 81 FR
85105.
Æ DHS/CBP–009—Electronic System
for Travel Authorization (ESTA),
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September 2, 2016, 81 FR 60713 (ESTA
Form); Final Rule for Privacy Act
Exemptions, August 31, 2009 74 FR
45069.
Æ DHS/CBP–016—Nonimmigrant
Information System March 13, 2015, 80
FR 13398 (Form I–94W).
Æ DHS/USCIS–015—Electronic
Immigration System-2 Account and
Case Management System of Records
April 5, 2013 78 FR 20673 (Form I–131).
This is a new generic clearance. This
request will be submitted to the Office
of Management and Budget, Office of
Information and Regulatory Affairs for
review and approval as required by the
Paperwork Reduction Act. This new
collection is to meet the intent of E.O.
13780 (Section 5) to establish screening
and vetting standards to assess an
alien’s eligibility to travel to, be
admitted to, or receive an immigrationrelated benefit from DHS. This
information will be used to validate an
applicant’s identity and determine
whether entry to the U.S. or an
immigration benefit for an individual
poses a law enforcement or national
security risk to the United States.
DHS is particularly interested in
comments which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security DHS
Title: Generic Clearance for the
Collection of Certain Information on
Immigration and Foreign Travel Forms
OMB Number: 1601–NEW.
Frequency: On Occasion.
Affected Public: Individuals.
Number of Respondents: 30,069,230.
Estimated Time per Respondent: .401.
Total Burden Hours: 12,058,798.
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7573
Dated: January 29, 2020.
Melissa Bruce,
Executive Director, Business Management
Office.
[FR Doc. 2020–02613 Filed 2–7–20; 8:45 am]
BILLING CODE 9112–FL–P
DEPARTMENT OF HOMELAND
SECURITY
Agency Information Collection
Activities: Generic Clearance for the
Collection of Social Media Information
on Immigration and Foreign Travel
Forms
Department of Homeland
Security (DHS).
ACTION: 30-Day notice and request for
comments; new collection, 1601–NEW.
AGENCY:
The Department of Homeland
Security (DHS) invites the general
public and other Federal agencies to
comment upon this proposed new
collection of information. In accordance
with the Paperwork Reduction Act of
1995, the information collection notice
is published in the Federal Register to
obtain comments regarding proposed
modifications to certain DHS
immigration and foreign travel forms.
This collection of information is
necessary to comply with Section 5 of
the Executive Order (E.O.) 13780,
‘‘Protecting the Nation from Foreign
Terrorist Entry into the United States’’
to establish screening and vetting
standards and procedures to enable DHS
to assess an alien’s eligibility to travel
to or be admitted to the United States
or to receive an immigration-related
benefit from DHS. This data collection
also is used to validate an applicant’s
identity information and to determine
whether such travel or grant of a benefit
poses a law enforcement or national
security risk to the United States. DHS
previously published this information
collection request (ICR) in the Federal
Register on Wednesday, September 4,
2019 for a 60-day public comment
period. One-hundred and seven (107)
comments were received by DHS. The
purpose of this notice is to allow
additional 30-days for public comments.
DATES: Comments are encouraged and
will be accepted until March 11, 2020.
This process is conducted in accordance
with 5 CFR 1320.1.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to OMB Desk Officer, Department of
Homeland Security and sent via
SUMMARY:
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electronic mail to dhsdeskofficer@
omb.eop.gov.
SUPPLEMENTARY INFORMATION:
Background
Executive Order (E.O.) 13780,
‘‘Protecting the Nation from Foreign
Terrorist Entry into the United States’’
requires the implementation of uniform
vetting standards and the proper
collection of all information necessary
for a rigorous evaluation of all grounds
of inadmissibility or bases for the denial
of immigration-related benefits. See 82
FR 13209 (Mar. 9, 2017). The E.O.
requires the Department of Homeland
Security (DHS) to collect standard data
on immigration and foreign traveler
forms and/or information collection
systems. This data will be collected
from certain populations on
applications for entrance into the
United States or immigration-related
benefits and is necessary for identity
verification, vetting and national
security screening and inspection
conducted by DHS.
This collection of information is
necessary to comply with Section 5 of
the E.O. to establish screening and
vetting standards and procedures to
enable DHS to assess an alien’s
eligibility to travel to or be admitted to
the United States or to receive an
immigration-related benefit from DHS.
This data collection also is used to
validate an applicant’s identity
information and to determine whether
such travel or grant of a benefit poses a
law enforcement or national security
risk to the United States.
DHS will collect biographic
information on immigration and foreign
traveler information collection
instruments and systems. DHS will
update its forms and systems to collect
information from individuals who seek
admissibility or other benefits when that
information is not already collected.
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New Information To Be Collected
U.S. Government departments and
agencies involved in screening and
vetting, to include DHS, identified the
collection of social media user
identifications (also known as
usernames, identifiers, or ‘‘handles’’)
and associated publicly available social
media platforms used by the applicant
during the past five years, as important
for identity verification, immigration
and national security vetting. For DHS,
these data elements will be added to
certain immigration benefit request or
traveler forms where the information
was not already collected.
For the purposes of this information
collection, DHS defines publicly
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available social media information as
any electronic social media information
that has been published or broadcast for
public consumption, is available on
request to the public, is accessible
online to the public, is available to the
public by subscription or purchase, or is
otherwise lawfully accessible to the
public without establishing a direct
relationship (e.g., ‘‘friend’’, ‘‘follow’’,
‘‘connect’’).1 Social media takes many
different forms, including but not
limited to web-based communities and
hosted services, social networking sites,
video and photo sharing sites, blogs,
virtual worlds, social bookmarking and
other emerging technologies.
This collection of information is
necessary to enable DHS to assess an
alien’s eligibility to travel to or be
admitted to the United States or to
receive an immigration-related benefit
from DHS. DHS currently uses publicly
available social media information to
support its vetting and adjudication
programs, and to supplement other
information and tools that DHS trained
personnel regularly use in the
performance of their duties. This
process includes a labor-intensive step
to validate that the identified social
media is correctly associated with the
applicant. The collection of applicants’
social media identifiers and associated
platforms will assist DHS by reducing
the time needed to validate the
attribution of the publicly-available
posted information to the applicant and
prevent mis-associations. It will provide
trained DHS adjudication personnel
with more timely visibility of the
publicly available information on the
platforms provided by the applicant.
Social media may help distinguish
individuals of concern from applicants
whose information substantiates their
eligibility for travel or an immigration
benefit. Social media can provide
positive, confirmatory information to
verify identity and support a
beneficiary’s or traveler’s application,
petition, or claims. It can also be used
to identify potential deception, fraud, or
previously unidentified national
security or law enforcement concerns,
such as when criminals and terrorists
have provided otherwise unavailable
information via social media, that
identified their true intentions,
1 Publicly available social media does not require
a user to purchase or otherwise pay for a
subscription of use and does not require an
invitation from a user to join or the establishment
of a relationship (e.g., ‘‘friend,’’ ‘‘follow,’’
‘‘connect’’) to otherwise access information.
Publicly available social media may require a user
to create an account in order to access services and
related content.
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including support for terrorist
organizations.
DHS will collect social media user
identifications (also known as
usernames, identifiers, or ‘‘handles’’)
and associated social media platforms
used by the applicant during the past
five years on certain immigration and
foreign traveler collection instruments
and systems identified in this
supporting statement, designated from
investigative and/or intelligence based
criteria.2 DHS is seeking this
information, covering the previous five
year period, to assist with identity
verification, and consistency with other
U.S. Government data collections for
immigrant and non-immigrant visas.
DHS will not collect social media
passwords. DHS personnel will review
information on social media platforms
in a manner consistent with the privacy
settings the applicant has chosen to
adopt for those platforms. Only that
information which the account holder
has allowed to be shared publicly will
be viewable by DHS.
DHS is committed to upholding the
highest standards of conduct throughout
the Department. Existing DHS policy
prohibits the consideration of race or
ethnicity in our investigation, screening,
and enforcement activities in all but the
most exceptional instances. This policy
is reaffirmed in manuals, policies,
directives, and guidelines. CBP is
committed to the fair, impartial and
respectful treatment of all members of
the trade and traveling public, and has
memorialized its commitment to
nondiscrimination in existing policies,
including the February 2014 CBP Policy
on Nondiscrimination in Law
Enforcement Activities and all other
Administered Programs. This policy
prohibits the consideration of race or
ethnicity in law enforcement,
investigation, and screening activities,
in all but the most exceptional
circumstances.
CBP’s Standards of Conduct further
highlights CBP’s prohibition on biasmotivated conduct and explicitly
requires that ‘‘Employees will not act or
fail to act on an official matter in a
manner which improperly takes into
consideration an individual’s race,
color, age, sexual orientation, religion,
sex, national origin, or disability . . .’’
The USCIS Policy Manual, Chapter 1,
provides guidance principles for
achieving its customer service policy
2 For the purposes of this supporting statement
and the associated DHS forms, ‘‘user
identifications’’ are defined as usernames, handles,
screen names, or other identifiers associated with
an individual’s online presence and social media
profile. Passwords are not considered user
identifications and will not be collected.
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goals.3 The policy provides that USCIS
will:
• Approach each case objectively and
adjudicate each case in a thorough and
fair manner.
• Carefully administer every aspect of
its immigration mission so that its
customers can hold in high regard the
privileges and advantages of U.S.
immigration.
• Demonstrate respect for its
customers.
• Be responsive to customers’
inquiries and provide information and
services that demonstrate courtesy and
cultural awareness.
• Through its service, be an example
of how to treat customers with respect,
courtesy, and dignity.
• Administer the immigration laws,
regulations, and policies in a consistent
manner.
Consistent with the requirements of the
Privacy Act, DHS does not maintain
records ‘‘describing how any [citizen of
the United States or alien lawfully
admitted for permanent residence]
exercises rights guaranteed by the First
Amendment, unless expressly
authorized by statute or by the
individual about whom the record is
maintained or unless pertinent to and
within the scope of an authorized law
enforcement activity.’’ 5 U.S.C.
552a(e)(7)
Although such collection of social
media user identifications is
‘mandatory’ to complete the DHS forms,
it is not required to obtain or retain a
benefit.4 However, for CBP’s ESTA, and
EVUS forms, the applicant will be
unable to submit the online application
if they do not provide a response to the
mandatory social media field.
Nonetheless, the applicant may proceed
if they answer none or other. 8 CFR
103.2(a)(1) provides that forms must be
completed in accordance with form
instructions. CBP will continue to
adjudicate a form where social media
information is not answered, but failure
to provide the requested data may either
delay or make it impossible for CBP to
determine an individual’s eligibility for
the requested benefit.
For USCIS, the proposed information
collection for social media information
is not ‘‘mandatory’’ in the sense that an
application will be denied or rejected
3 https://www.uscis.gov/policymanual/HTML/
PolicyManual-Volume1-PartA-Chapter1.html.
4 Pursuant to 5 CFR 1320.8(b)(3)(iv), agencies are
required to ‘‘inform [ ] and provide reasonable
notice to the potential persons to whom the
collection of information is addressed of—Whether
responses to the collection of information are
voluntary, required to obtain or retain a benefit [ ],
or mandatory [ ]’’ pursuant to the authorities cited
herein.
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based solely on the lack of a response.
USCIS will continue to adjudicate a
form where social media information is
not answered, but failure to provide the
requested data may either delay or make
it impossible for USCIS to determine an
individual’s eligibility for the requested
benefit.
Applicants for CBP and USCIS
benefits must certify on the respective
forms that the information submitted is
true and correct to the best of the
applicant’s knowledge and belief.
The following social media questions
will appear on electronic forms:
Please enter information associated
with your online presence over the past
five years:
• Provider/Platform (dropdown bar
will provide multiple choices, including
‘‘Other’’, and ‘‘None’’ for those who do
not use the platforms listed):
• Social Media Identifier(s) over the
past five years (free text field for
applicant to enter information):
The forms will allow the applicant to
provide as many platforms and
identifiers as necessary.
Paper Forms
Please enter information associated
with your online presence over the past
five years:
Provider/Platform: (A list will be
provided including ‘‘Other’’, and
‘‘None’’ for those who do not use the
platforms listed)_________
Social Media Identifier(s): _________
A sufficient amount of space on the
paper form will be provided to allow the
applicant appropriate room to provide
all necessary platforms/identifiers.
The request for social media
platforms, providers, and websites will
focus on those fora that the individual
uses to collaborate, share information
and interact with others.5
The initial list of social media
platforms featured on DHS forms will be
as follows:
ASK FM
DOUBAN
FACEBOOK
FLICKR
INSTAGRAM
LINKEDIN
MYSPACE
PINTEREST
QZONE (QQ)
REDDIT
SINA WEIBO
TENCENT WEIBO
TUMBLER
5 Non-social media websites, such as those for
applicants to carry out financial transactions,
medical appointment and records, homeowner’s
associations, travel, and tourism are not germane to
this information collection.
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7575
TWITTER
TWOO
VINE
VKONTAKTE (VK)
YOUKU
YOUTUBE
The platforms selected represent
those which are among the most
popular on a global basis. The platforms
listed may be updated by the
Department by adding or removing
platforms in order to evolve the U.S.
Government’s uniform vetting with
emerging communication technologies
and common usage; therefore, the list
will change over time. These changes
will be made on a periodic basis under
this generic clearance. Platform changes
will be submitted to OMB for approval
prior to inclusion. OMB will review to
make sure that such suggested new
platforms meet the description of
public-facing social media handles
contained above.
Programs Affected, OMB Control
Numbers and Legal Authorities for the
Collections
DHS plans to collect the data
elements for three programs/forms
administered by U.S. Customs and
Border Protection (CBP). The three CBP
programs/forms, and the applicable
statutory and regulatory authorities to
collect the additional information are as
follows:
• OMB No. 1651–0111 Electronic
System for Travel Authorization
(ESTA):
Collection of data through this form is
authorized by Section 711 of The Secure
Travel and Counterterrorism
Partnership Act of 2007 (part of the
Implementing Recommendations of the
9/11 Commission Act of 2007, also
known as the ‘‘9/11 Act,’’ Pub. L. 110–
53). The authorities for the maintenance
of this system are found in: Title IV of
the Homeland Security Act of 2002, 6
U.S.C. 201 et seq., the Immigration and
Nationality Act, as amended, including
8 U.S.C. 1187(a)(11) and (h)(3); 8 CFR
part 217; the Travel Promotion Act of
2009, Public Law 111–145, 22 U.S.C.
2131.
• OMB No. 1651–0111—Form I–94W
Nonimmigrant Visa Waiver Arrival/
Departure Record: Collection of data
through this form is authorized by 8
U.S.C. 1103, 1187 and 8 CFR 235.1, 264,
and 1235.1.
• OMB No. 1651–0139—Electronic
Visa Update System (EVUS): Collection
of data through this form is authorized
by INA section 104(a) (8 U.S.C. 1104(a)).
The authorities for the maintenance of
this system are found in: Title IV of the
Homeland Security Act of 2002, 6.
U.S.C. 201 et seq., the Immigration and
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National Act, as amended, including
sections 103 (8 U.S.C. 1103), 214 (8
U.S.C. 1184), 215 (8 U.S.C. 1185), and
221 (8 U.S.C. 1201); 8 CFR part 2; the
Travel Promotion Act of 2009, Public
Law 111–145, 22 U.S.C. 2131; and 8
CFR parts 212, 214, 215, and 273.
CBP has the following statutory and
regulatory authorities, as an agency of
the U.S. Government, to collect social
media information from applicants for
travel benefits:
• CBP is responsible for preventing
the entry of terrorists and instruments of
terrorism into the United States,
securing the borders, and enforcing the
immigration laws.6 To exercise its
authority with respect to both inbound
and outbound border crossings of U.S.
citizens and aliens alike, CBP gathers
information about individuals who may
seek entry into the United States. CBP’s
general law enforcement authorities
empower it to gather information,
including information found via social
media, which is relevant to its
enforcement missions.7 For example,
under the Immigration and Nationality
Act (INA)(Pub. L. 89–236), CBP Officers,
Border Patrol Agents, and other
immigration officers have authority to,
among other things, ‘‘take and consider
evidence concerning the privilege of any
person to enter, reenter, pass through, or
reside in the United States; or
concerning any matter which is material
or relevant to the enforcement of the
[INA] and the administration of the
immigration and naturalization
functions of the Department.’’ 8
• Under this broad authority to take
and consider ‘‘evidence,’’ CBP may use
information obtained from social media
where relevant to its immigration
enforcement mission under Title 8 of
the U.S. Code. Further, should the facts
and circumstances of a particular
investigation so require, CBP may also
use social media in connection with its
extensive customs enforcement
6 See Homeland Security Act 402, 6 U.S.C. 202,
and 6 U.S.C. 211.
7 See, e.g., 8 U.S.C. 1357(b).
8 8 CFR 287.5(a)(2); see also id. § 287.2
(‘‘Whenever a special agent in charge, port director,
or chief patrol agent has reason to believe that there
has been a violation punishable under any criminal
provision of the immigration and nationality laws
administered or enforced by the Department, he or
she shall immediately initiate an investigation to
determine all the pertinent facts and circumstances
and shall take such further action as he or she
deems necessary.’’). CBP Officers have the
responsibility to elicit sufficient information to
determine whether an applicant is legally
admissible or inadmissible. If an applicant refuses
to answer sufficiently for the Officer to find the
individual admissible, the individual will be
inadmissible.
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authorities under title 19 of the U.S.
Code.9
DHS plans to collect the new data
elements for nine programs
administered by U.S. Citizenship and
Immigration Services (USCIS). The nine
USCIS programs, and the applicable
statutory and regulatory authorities to
collect the additional information area
as follows:
USCIS has the following statutory and
regulatory authorities to collect
additional biographic data information
on the following forms:
• OMB No. 1615–0052—Form N–400,
Application for Naturalization:
Collection of data through this form is
authorized by INA section 337 [8 U.S.C.
1448]; 8 U.S.C. 1421; 8 CFR 316.4 and
8 CFR 316.10.
• OMB No. 1615–0013—Form I–131,
Application for Travel Document:
Collection of data through this form is
authorized by INA sections 103, 208,
212, 223 and 244; 8 CFR 103.2(a) and
(e); 8 CFR 208.6; 8 CFR 244.16; Section
303 of Public Law 107–173.
• OMB No. 1615–0017—Form I–192,
Application for Advance Permission to
Enter as a Nonimmigrant: Collection of
data through this form is authorized by
INA 212 [8 U.S.C. 1182].
• OMB No. 1615–0023—Form I–485,
Application to Register Permanent
Residence or Adjust status: Collection of
data through this form is authorized by
INA section 245, 8 U.S.C. 1255, Public
Law 106–429, and section 902 of Public
Law 105–277.
• OMB No. 1615–0067—Form I–589,
Application for Asylum and for
Withholding of Removal: Collection of
data through this form is authorized by
INA sections 101(a)(42), 208(a) and (b),
and 241(b)(3) and 8 CFR 208.6 and
1208.6.
• OMB No. 1615–0068—Form I–590,
Registration for Classification as
Refugee: This information collection is
authorized by INA section 207 (8 U.S.C.
1157) for a person who seeks refugee
classification and resettlement in the
United States. A refugee is defined in 8
U.S.C. 1101(a)(42) and Section
101(a)(42) of the Act.
• OMB No. 1615–0037—Form I–730,
Refugee/Asylee Relative Petition: This
information collection is authorized by
section 207(c)(2), and 208(c) of the INA
(8 U.S.C. 1157 and 1158) for an asylee
or refugee to request accompanying or
following-to-join benefits for his or her
spouse and unmarried minor child(ren).
9 See, e.g., 19 U.S.C. 1436, 1592, & 1595. As noted
above with respect to the INA, CBP has authority
to enforce these and other customs statutes;
therefore, it may utilize social media when
conducting authorized operations or investigations
related to its customs enforcement mission.
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• OMB No. 1615—0038—Form I–751,
Petition to Remove Conditions on
Residence: Collection of data through
this form is authorized by INA section
216, 8 U.S.C. 1186(a); 8 CFR part 216.
• OMB No. 1615–0045—Form I–829,
Petition by Entrepreneur to Remove
Conditions on Permanent Resident
Status: Collection of data through this
form is authorized by INA section
203(b)(5), 8 U.S.C. 1153, and INA
section 216(a), 8 U.S.C. 1186(b)].
USCIS, as a component of DHS, has
the following statutory and regulatory
authorities, to collect social media
information from applicants for
immigration benefits:
• 8 CFR 204.5(m)(12) and 214.2(r)(16)
provide that, in the context of
adjudicating an immigrant or
nonimmigrant religious worker petition,
USCIS may verify the supporting
evidence submitted by the petitioner
‘‘through any means determined
appropriate by USCIS,’’ including by
‘‘review of any other records that the
USCIS considers pertinent to the
integrity of the organization’’ with
which the religious worker is affiliated.
• 8 CFR 103.2(a)(1) requires that
every benefit request be executed and
filed in accordance with the form
instructions and clarifies that ‘‘such
instructions are incorporated into the
regulations requiring its submission.’’ 10
DHS has additional statutory and
regulatory authorities to secure the
homeland and prevent terrorism, in
addition to those cited above for CBP
and USCIS. These include:
• The Homeland Security Act 2002,
Public Law 107–296;
• The Intelligence Reform and
Terrorism Prevention Act (IRTPA) of
2004, Public Law 108–458;
• Implementing Recommendations of
the 9/11 Commission Act of 2007 (‘‘The
9/11 Act’’), Public Law 110–53; and
• The Immigration and Nationality
Act, as amended.
Applicant information is collected to
maintain a record of persons applying
for specific immigration and other travel
benefits, and to determine whether
these applicants are eligible to receive
the benefits for which they are applying.
The information provided through DHS
forms is also analyzed—along with
other information that the Secretary of
10 USCIS will modify the Applicant’s
Certification section on the applicable USCIS forms
and petitions to include the following text: ‘‘I also
authorize USCIS to use publicly available social
media information for verification purposes and to
determine my eligibility for the immigration benefit
that I seek. I further understand that USCIS is not
requiring me to provide passwords; to log into a
private account; or to take any action that would
disclose non-publicly available social media
information.’’
E:\FR\FM\10FEN1.SGM
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Federal Register / Vol. 85, No. 27 / Monday, February 10, 2020 / Notices
Homeland Security determines is
necessary, including information about
other persons included on the DHS
forms—against various security and law
enforcement databases to identify those
applicants who may pose a security risk
to the United States. To obtain approval
for a collection that meets the
conditions of this generic clearance, a
standardized form will be submitted to
OMB along with supporting
documentation (e.g., a copy of the
updated application form). OMB will
grant approval only if the agency
demonstrates the collection of
information complies with the specific
circumstances laid out in this
supporting statement.
jbell on DSKJLSW7X2PROD with NOTICES
Confidentiality
No assurance of confidentiality is
provided. All data submitted under this
collection will be handled in
accordance with applicable U.S. laws
and DHS policies regarding personally
identifiable information.
• Public Law 107–347, ‘‘EGovernment Act of 2002,’’ as amended,
Section 208 [44 U.S.C. 3501 note].
• Title 5, United States Code (U.S.C.),
Section 552a, ‘‘Records maintained on
individuals’’ [The Privacy Act of 1974,
as amended].
• Title 6, U.S.C., Section 142,
‘‘Privacy officer.’’
• Title 44, U.S.C., Chapter 35,
Subchapter II, ‘‘Information Security’’
[The Federal Information Security
Modernization Act of 2014 (FISMA)].
• DHS Directive 047–01, ‘‘Privacy
Policy and Compliance’’ (July 25, 2011).
• DHS Instruction 047–01–001,
‘‘Privacy Policy and Compliance’’ (July
25, 2011).
• Privacy Policy Guidance
Memorandum 2008–01/Privacy Policy
Directive 140–06, ‘‘The Fair Information
Practice Principles: Framework for
Privacy Policy at the Department of
Homeland Security.’’ (December 29,
2008).
• Privacy Policy Guidance
Memorandum 2017–01, DHS Privacy
Policy Regarding Collection, Use,
Retention, and Dissemination of
Personally Identifiable Information.
(April 25, 2017).
• Refugees and asylees are protected
by the confidentiality provisions of 8
CFR 208.6; 8 U.S.C. 1103.
• Aliens in TPS status have the
confidentiality protections described in
8 CFR 244.16; 8 U.S.C. 1254a(c)(6).
There are no confidentiality assurances
for other aliens applying for the benefit.
• The system of record notices
associated with this information
collection are:
VerDate Sep<11>2014
16:58 Feb 07, 2020
Jkt 250001
Æ DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, September 18, 2017,
82 FR 43556 (all USCIS forms).
Æ DHS/USCIS–007 Benefits
Information System, October 19, 2016,
81 FR 72069 (Forms N–400, I–131, I–
192, I–485, I–590, I–730, I–751, I–829).
Æ DHS/USCIS–010 Asylum
Information and Pre-Screening System
of Records, November 30, 2015, 80 FR
74781 (Form I–589, Form I–730).
Æ DHS/CBP–006 Automated
Targeting System, May 22, 2012, 77 FR
30297 (Form I–192).
Æ DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, November 21, 2013,
78 FR 69864; DHS/USCIS–010 Asylum
Information and Pre-Screening System
of Records, November 30, 2015, 80 FR
74781.
Æ DHS/CBP–022 Electronic Visa
Update System (EVUS) System of
Records, September 1, 2016, 81 FR
60371 (EVUS Form); Final Rule for
Privacy Exemptions, November 25,
2016, 81 FR 85105.
Æ DHS/CBP–009—Electronic System
for Travel Authorization (ESTA),
September 2, 2016, 81 FR 60713 (ESTA
Form); Final Rule for Privacy Act
Exemptions, August 31, 2009 74 FR
45069.
Æ DHS/CBP–016—Nonimmigrant
Information System, March 13, 2015, 80
FR 13398 (Form I–94W).
Applicable USCIS Privacy Impact
Assessments (PIA)
Æ Refugee Case Processing PIA:
https://www.dhs.gov/publication/
dhsuscispia-068-refugee-caseprocessing-and-security-vetting (July 21,
2017).
Æ FDNS–DS: https://www.hsdl.org/
?view&did=793268, May 18, 2016.
Æ FDNS Directorate: https://
www.dhs.gov/sites/default/files/
publications/privacy-pia-uscis-fdnsnovember2016_0.pdf (December 16,
2014).
Æ Asylum Division: https://
www.dhs.gov/sites/default/files/
publications/privacy-pia-uscis-asylumjuly2017_0.pdf (July 21, 2017).
Applicable CBP Privacy Impact
Assessments (PIA)
Æ DHS/CBP/PIA–007 Electronic
System for Travel Authorization (ESTA)
https://www.dhs.gov/publication/
electronic-system-travel-authorization.
Æ DHS/CBP/PIA–033 Electronic Visa
Update System (EVUS) https://
www.dhs.gov/publication/dhscbppia033-electronic-visa-update-system-evus.
Æ DHS//CBP/PIA–006 Automated
Targeting System (ATS) https://
PO 00000
Frm 00052
Fmt 4703
Sfmt 9990
7577
www.dhs.gov/publication/automatedtargeting-system-ats-update.
Æ DHS/CBP/PIA–016 I–94 website
Application https://www.dhs.gov/
publication/us-customs-and-borderprotection-form-i-94-automation.
This is a new generic clearance. This
request will be submitted to the Office
of Management and Budget, Office of
Information and Regulatory Affairs for
review and approval as required by the
Paperwork Reduction Act. This new
collection is necessary to meet the
intent of E.O. 13780 (Section 5) to
establish screening and vetting
standards to assess an alien’s eligibility
to travel to, be admitted to, or receive
an immigration-related benefit from
DHS. This information will be used to
validate an applicant’s identity and
determine whether entry to the U.S. or
an immigration benefit for an individual
poses a law enforcement or national
security risk to the United States.
DHS is particularly interested in
comments which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security DHS.
Title: Generic Clearance for the
Collection of Social Media Information
on Immigration and Foreign Travel
Forms.
OMB Number: 1601–NEW.
Frequency: On Occasion.
Affected Public: Individuals.
Number of Respondents: 33,380,888.
Estimated Time per Respondent: .083.
Total Burden Hours: 12,374,078.
Dated: January 29, 2020.
Melissa Bruce,
Executive Director, Business Management
Office.
[FR Doc. 2020–02614 Filed 2–7–20; 8:45 am]
BILLING CODE 9112–FL–P
E:\FR\FM\10FEN1.SGM
10FEN1
Agencies
[Federal Register Volume 85, Number 27 (Monday, February 10, 2020)]
[Notices]
[Pages 7573-7577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02614]
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DEPARTMENT OF HOMELAND SECURITY
Agency Information Collection Activities: Generic Clearance for
the Collection of Social Media Information on Immigration and Foreign
Travel Forms
AGENCY: Department of Homeland Security (DHS).
ACTION: 30-Day notice and request for comments; new collection, 1601-
NEW.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) invites the general
public and other Federal agencies to comment upon this proposed new
collection of information. In accordance with the Paperwork Reduction
Act of 1995, the information collection notice is published in the
Federal Register to obtain comments regarding proposed modifications to
certain DHS immigration and foreign travel forms. This collection of
information is necessary to comply with Section 5 of the Executive
Order (E.O.) 13780, ``Protecting the Nation from Foreign Terrorist
Entry into the United States'' to establish screening and vetting
standards and procedures to enable DHS to assess an alien's eligibility
to travel to or be admitted to the United States or to receive an
immigration-related benefit from DHS. This data collection also is used
to validate an applicant's identity information and to determine
whether such travel or grant of a benefit poses a law enforcement or
national security risk to the United States. DHS previously published
this information collection request (ICR) in the Federal Register on
Wednesday, September 4, 2019 for a 60-day public comment period. One-
hundred and seven (107) comments were received by DHS. The purpose of
this notice is to allow additional 30-days for public comments.
DATES: Comments are encouraged and will be accepted until March 11,
2020. This process is conducted in accordance with 5 CFR 1320.1.
ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to OMB Desk Officer, Department of Homeland Security and sent
via
[[Page 7574]]
electronic mail to [email protected].
SUPPLEMENTARY INFORMATION:
Background
Executive Order (E.O.) 13780, ``Protecting the Nation from Foreign
Terrorist Entry into the United States'' requires the implementation of
uniform vetting standards and the proper collection of all information
necessary for a rigorous evaluation of all grounds of inadmissibility
or bases for the denial of immigration-related benefits. See 82 FR
13209 (Mar. 9, 2017). The E.O. requires the Department of Homeland
Security (DHS) to collect standard data on immigration and foreign
traveler forms and/or information collection systems. This data will be
collected from certain populations on applications for entrance into
the United States or immigration-related benefits and is necessary for
identity verification, vetting and national security screening and
inspection conducted by DHS.
This collection of information is necessary to comply with Section
5 of the E.O. to establish screening and vetting standards and
procedures to enable DHS to assess an alien's eligibility to travel to
or be admitted to the United States or to receive an immigration-
related benefit from DHS. This data collection also is used to validate
an applicant's identity information and to determine whether such
travel or grant of a benefit poses a law enforcement or national
security risk to the United States.
DHS will collect biographic information on immigration and foreign
traveler information collection instruments and systems. DHS will
update its forms and systems to collect information from individuals
who seek admissibility or other benefits when that information is not
already collected.
New Information To Be Collected
U.S. Government departments and agencies involved in screening and
vetting, to include DHS, identified the collection of social media user
identifications (also known as usernames, identifiers, or ``handles'')
and associated publicly available social media platforms used by the
applicant during the past five years, as important for identity
verification, immigration and national security vetting. For DHS, these
data elements will be added to certain immigration benefit request or
traveler forms where the information was not already collected.
For the purposes of this information collection, DHS defines
publicly available social media information as any electronic social
media information that has been published or broadcast for public
consumption, is available on request to the public, is accessible
online to the public, is available to the public by subscription or
purchase, or is otherwise lawfully accessible to the public without
establishing a direct relationship (e.g., ``friend'', ``follow'',
``connect'').\1\ Social media takes many different forms, including but
not limited to web-based communities and hosted services, social
networking sites, video and photo sharing sites, blogs, virtual worlds,
social bookmarking and other emerging technologies.
---------------------------------------------------------------------------
\1\ Publicly available social media does not require a user to
purchase or otherwise pay for a subscription of use and does not
require an invitation from a user to join or the establishment of a
relationship (e.g., ``friend,'' ``follow,'' ``connect'') to
otherwise access information. Publicly available social media may
require a user to create an account in order to access services and
related content.
---------------------------------------------------------------------------
This collection of information is necessary to enable DHS to assess
an alien's eligibility to travel to or be admitted to the United States
or to receive an immigration-related benefit from DHS. DHS currently
uses publicly available social media information to support its vetting
and adjudication programs, and to supplement other information and
tools that DHS trained personnel regularly use in the performance of
their duties. This process includes a labor-intensive step to validate
that the identified social media is correctly associated with the
applicant. The collection of applicants' social media identifiers and
associated platforms will assist DHS by reducing the time needed to
validate the attribution of the publicly-available posted information
to the applicant and prevent mis-associations. It will provide trained
DHS adjudication personnel with more timely visibility of the publicly
available information on the platforms provided by the applicant.
Social media may help distinguish individuals of concern from
applicants whose information substantiates their eligibility for travel
or an immigration benefit. Social media can provide positive,
confirmatory information to verify identity and support a beneficiary's
or traveler's application, petition, or claims. It can also be used to
identify potential deception, fraud, or previously unidentified
national security or law enforcement concerns, such as when criminals
and terrorists have provided otherwise unavailable information via
social media, that identified their true intentions, including support
for terrorist organizations.
DHS will collect social media user identifications (also known as
usernames, identifiers, or ``handles'') and associated social media
platforms used by the applicant during the past five years on certain
immigration and foreign traveler collection instruments and systems
identified in this supporting statement, designated from investigative
and/or intelligence based criteria.\2\ DHS is seeking this information,
covering the previous five year period, to assist with identity
verification, and consistency with other U.S. Government data
collections for immigrant and non-immigrant visas. DHS will not collect
social media passwords. DHS personnel will review information on social
media platforms in a manner consistent with the privacy settings the
applicant has chosen to adopt for those platforms. Only that
information which the account holder has allowed to be shared publicly
will be viewable by DHS.
---------------------------------------------------------------------------
\2\ For the purposes of this supporting statement and the
associated DHS forms, ``user identifications'' are defined as
usernames, handles, screen names, or other identifiers associated
with an individual's online presence and social media profile.
Passwords are not considered user identifications and will not be
collected.
---------------------------------------------------------------------------
DHS is committed to upholding the highest standards of conduct
throughout the Department. Existing DHS policy prohibits the
consideration of race or ethnicity in our investigation, screening, and
enforcement activities in all but the most exceptional instances. This
policy is reaffirmed in manuals, policies, directives, and guidelines.
CBP is committed to the fair, impartial and respectful treatment of all
members of the trade and traveling public, and has memorialized its
commitment to nondiscrimination in existing policies, including the
February 2014 CBP Policy on Nondiscrimination in Law Enforcement
Activities and all other Administered Programs. This policy prohibits
the consideration of race or ethnicity in law enforcement,
investigation, and screening activities, in all but the most
exceptional circumstances.
CBP's Standards of Conduct further highlights CBP's prohibition on
bias-motivated conduct and explicitly requires that ``Employees will
not act or fail to act on an official matter in a manner which
improperly takes into consideration an individual's race, color, age,
sexual orientation, religion, sex, national origin, or disability . .
.''
The USCIS Policy Manual, Chapter 1, provides guidance principles
for achieving its customer service policy
[[Page 7575]]
goals.\3\ The policy provides that USCIS will:
---------------------------------------------------------------------------
\3\ https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter1.html.
---------------------------------------------------------------------------
Approach each case objectively and adjudicate each case in
a thorough and fair manner.
Carefully administer every aspect of its immigration
mission so that its customers can hold in high regard the privileges
and advantages of U.S. immigration.
Demonstrate respect for its customers.
Be responsive to customers' inquiries and provide
information and services that demonstrate courtesy and cultural
awareness.
Through its service, be an example of how to treat
customers with respect, courtesy, and dignity.
Administer the immigration laws, regulations, and policies
in a consistent manner.
Consistent with the requirements of the Privacy Act, DHS does not
maintain records ``describing how any [citizen of the United States or
alien lawfully admitted for permanent residence] exercises rights
guaranteed by the First Amendment, unless expressly authorized by
statute or by the individual about whom the record is maintained or
unless pertinent to and within the scope of an authorized law
enforcement activity.'' 5 U.S.C. 552a(e)(7)
Although such collection of social media user identifications is
`mandatory' to complete the DHS forms, it is not required to obtain or
retain a benefit.\4\ However, for CBP's ESTA, and EVUS forms, the
applicant will be unable to submit the online application if they do
not provide a response to the mandatory social media field.
Nonetheless, the applicant may proceed if they answer none or other. 8
CFR 103.2(a)(1) provides that forms must be completed in accordance
with form instructions. CBP will continue to adjudicate a form where
social media information is not answered, but failure to provide the
requested data may either delay or make it impossible for CBP to
determine an individual's eligibility for the requested benefit.
---------------------------------------------------------------------------
\4\ Pursuant to 5 CFR 1320.8(b)(3)(iv), agencies are required to
``inform [ ] and provide reasonable notice to the potential persons
to whom the collection of information is addressed of--Whether
responses to the collection of information are voluntary, required
to obtain or retain a benefit [ ], or mandatory [ ]'' pursuant to
the authorities cited herein.
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For USCIS, the proposed information collection for social media
information is not ``mandatory'' in the sense that an application will
be denied or rejected based solely on the lack of a response. USCIS
will continue to adjudicate a form where social media information is
not answered, but failure to provide the requested data may either
delay or make it impossible for USCIS to determine an individual's
eligibility for the requested benefit.
Applicants for CBP and USCIS benefits must certify on the
respective forms that the information submitted is true and correct to
the best of the applicant's knowledge and belief.
The following social media questions will appear on electronic
forms:
Please enter information associated with your online presence over
the past five years:
Provider/Platform (dropdown bar will provide multiple
choices, including ``Other'', and ``None'' for those who do not use the
platforms listed):
Social Media Identifier(s) over the past five years (free
text field for applicant to enter information):
The forms will allow the applicant to provide as many platforms and
identifiers as necessary.
Paper Forms
Please enter information associated with your online presence over
the past five years:
Provider/Platform: (A list will be provided including ``Other'',
and ``None'' for those who do not use the platforms listed)_________
Social Media Identifier(s): _________
A sufficient amount of space on the paper form will be provided to
allow the applicant appropriate room to provide all necessary
platforms/identifiers.
The request for social media platforms, providers, and websites
will focus on those fora that the individual uses to collaborate, share
information and interact with others.\5\
---------------------------------------------------------------------------
\5\ Non-social media websites, such as those for applicants to
carry out financial transactions, medical appointment and records,
homeowner's associations, travel, and tourism are not germane to
this information collection.
---------------------------------------------------------------------------
The initial list of social media platforms featured on DHS forms
will be as follows:
ASK FM
DOUBAN
FACEBOOK
FLICKR
INSTAGRAM
LINKEDIN
MYSPACE
PINTEREST
QZONE (QQ)
REDDIT
SINA WEIBO
TENCENT WEIBO
TUMBLER
TWITTER
TWOO
VINE
VKONTAKTE (VK)
YOUKU
YOUTUBE
The platforms selected represent those which are among the most
popular on a global basis. The platforms listed may be updated by the
Department by adding or removing platforms in order to evolve the U.S.
Government's uniform vetting with emerging communication technologies
and common usage; therefore, the list will change over time. These
changes will be made on a periodic basis under this generic clearance.
Platform changes will be submitted to OMB for approval prior to
inclusion. OMB will review to make sure that such suggested new
platforms meet the description of public-facing social media handles
contained above.
Programs Affected, OMB Control Numbers and Legal Authorities for the
Collections
DHS plans to collect the data elements for three programs/forms
administered by U.S. Customs and Border Protection (CBP). The three CBP
programs/forms, and the applicable statutory and regulatory authorities
to collect the additional information are as follows:
OMB No. 1651-0111 Electronic System for Travel
Authorization (ESTA):
Collection of data through this form is authorized by Section 711
of The Secure Travel and Counterterrorism Partnership Act of 2007 (part
of the Implementing Recommendations of the 9/11 Commission Act of 2007,
also known as the ``9/11 Act,'' Pub. L. 110-53). The authorities for
the maintenance of this system are found in: Title IV of the Homeland
Security Act of 2002, 6 U.S.C. 201 et seq., the Immigration and
Nationality Act, as amended, including 8 U.S.C. 1187(a)(11) and (h)(3);
8 CFR part 217; the Travel Promotion Act of 2009, Public Law 111-145,
22 U.S.C. 2131.
OMB No. 1651-0111--Form I-94W Nonimmigrant Visa Waiver
Arrival/Departure Record: Collection of data through this form is
authorized by 8 U.S.C. 1103, 1187 and 8 CFR 235.1, 264, and 1235.1.
OMB No. 1651-0139--Electronic Visa Update System (EVUS):
Collection of data through this form is authorized by INA section
104(a) (8 U.S.C. 1104(a)). The authorities for the maintenance of this
system are found in: Title IV of the Homeland Security Act of 2002, 6.
U.S.C. 201 et seq., the Immigration and
[[Page 7576]]
National Act, as amended, including sections 103 (8 U.S.C. 1103), 214
(8 U.S.C. 1184), 215 (8 U.S.C. 1185), and 221 (8 U.S.C. 1201); 8 CFR
part 2; the Travel Promotion Act of 2009, Public Law 111-145, 22 U.S.C.
2131; and 8 CFR parts 212, 214, 215, and 273.
CBP has the following statutory and regulatory authorities, as an
agency of the U.S. Government, to collect social media information from
applicants for travel benefits:
CBP is responsible for preventing the entry of terrorists
and instruments of terrorism into the United States, securing the
borders, and enforcing the immigration laws.\6\ To exercise its
authority with respect to both inbound and outbound border crossings of
U.S. citizens and aliens alike, CBP gathers information about
individuals who may seek entry into the United States. CBP's general
law enforcement authorities empower it to gather information, including
information found via social media, which is relevant to its
enforcement missions.\7\ For example, under the Immigration and
Nationality Act (INA)(Pub. L. 89-236), CBP Officers, Border Patrol
Agents, and other immigration officers have authority to, among other
things, ``take and consider evidence concerning the privilege of any
person to enter, reenter, pass through, or reside in the United States;
or concerning any matter which is material or relevant to the
enforcement of the [INA] and the administration of the immigration and
naturalization functions of the Department.'' \8\
---------------------------------------------------------------------------
\6\ See Homeland Security Act 402, 6 U.S.C. 202, and 6 U.S.C.
211.
\7\ See, e.g., 8 U.S.C. 1357(b).
\8\ 8 CFR 287.5(a)(2); see also id. Sec. 287.2 (``Whenever a
special agent in charge, port director, or chief patrol agent has
reason to believe that there has been a violation punishable under
any criminal provision of the immigration and nationality laws
administered or enforced by the Department, he or she shall
immediately initiate an investigation to determine all the pertinent
facts and circumstances and shall take such further action as he or
she deems necessary.''). CBP Officers have the responsibility to
elicit sufficient information to determine whether an applicant is
legally admissible or inadmissible. If an applicant refuses to
answer sufficiently for the Officer to find the individual
admissible, the individual will be inadmissible.
---------------------------------------------------------------------------
Under this broad authority to take and consider
``evidence,'' CBP may use information obtained from social media where
relevant to its immigration enforcement mission under Title 8 of the
U.S. Code. Further, should the facts and circumstances of a particular
investigation so require, CBP may also use social media in connection
with its extensive customs enforcement authorities under title 19 of
the U.S. Code.\9\
---------------------------------------------------------------------------
\9\ See, e.g., 19 U.S.C. 1436, 1592, & 1595. As noted above with
respect to the INA, CBP has authority to enforce these and other
customs statutes; therefore, it may utilize social media when
conducting authorized operations or investigations related to its
customs enforcement mission.
---------------------------------------------------------------------------
DHS plans to collect the new data elements for nine programs
administered by U.S. Citizenship and Immigration Services (USCIS). The
nine USCIS programs, and the applicable statutory and regulatory
authorities to collect the additional information area as follows:
USCIS has the following statutory and regulatory authorities to
collect additional biographic data information on the following forms:
OMB No. 1615-0052--Form N-400, Application for
Naturalization: Collection of data through this form is authorized by
INA section 337 [8 U.S.C. 1448]; 8 U.S.C. 1421; 8 CFR 316.4 and 8 CFR
316.10.
OMB No. 1615-0013--Form I-131, Application for Travel
Document: Collection of data through this form is authorized by INA
sections 103, 208, 212, 223 and 244; 8 CFR 103.2(a) and (e); 8 CFR
208.6; 8 CFR 244.16; Section 303 of Public Law 107-173.
OMB No. 1615-0017--Form I-192, Application for Advance
Permission to Enter as a Nonimmigrant: Collection of data through this
form is authorized by INA 212 [8 U.S.C. 1182].
OMB No. 1615-0023--Form I-485, Application to Register
Permanent Residence or Adjust status: Collection of data through this
form is authorized by INA section 245, 8 U.S.C. 1255, Public Law 106-
429, and section 902 of Public Law 105-277.
OMB No. 1615-0067--Form I-589, Application for Asylum and
for Withholding of Removal: Collection of data through this form is
authorized by INA sections 101(a)(42), 208(a) and (b), and 241(b)(3)
and 8 CFR 208.6 and 1208.6.
OMB No. 1615-0068--Form I-590, Registration for
Classification as Refugee: This information collection is authorized by
INA section 207 (8 U.S.C. 1157) for a person who seeks refugee
classification and resettlement in the United States. A refugee is
defined in 8 U.S.C. 1101(a)(42) and Section 101(a)(42) of the Act.
OMB No. 1615-0037--Form I-730, Refugee/Asylee Relative
Petition: This information collection is authorized by section
207(c)(2), and 208(c) of the INA (8 U.S.C. 1157 and 1158) for an asylee
or refugee to request accompanying or following-to-join benefits for
his or her spouse and unmarried minor child(ren).
OMB No. 1615--0038--Form I-751, Petition to Remove
Conditions on Residence: Collection of data through this form is
authorized by INA section 216, 8 U.S.C. 1186(a); 8 CFR part 216.
OMB No. 1615-0045--Form I-829, Petition by Entrepreneur to
Remove Conditions on Permanent Resident Status: Collection of data
through this form is authorized by INA section 203(b)(5), 8 U.S.C.
1153, and INA section 216(a), 8 U.S.C. 1186(b)].
USCIS, as a component of DHS, has the following statutory and
regulatory authorities, to collect social media information from
applicants for immigration benefits:
8 CFR 204.5(m)(12) and 214.2(r)(16) provide that, in the
context of adjudicating an immigrant or nonimmigrant religious worker
petition, USCIS may verify the supporting evidence submitted by the
petitioner ``through any means determined appropriate by USCIS,''
including by ``review of any other records that the USCIS considers
pertinent to the integrity of the organization'' with which the
religious worker is affiliated.
8 CFR 103.2(a)(1) requires that every benefit request be
executed and filed in accordance with the form instructions and
clarifies that ``such instructions are incorporated into the
regulations requiring its submission.'' \10\
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\10\ USCIS will modify the Applicant's Certification section on
the applicable USCIS forms and petitions to include the following
text: ``I also authorize USCIS to use publicly available social
media information for verification purposes and to determine my
eligibility for the immigration benefit that I seek. I further
understand that USCIS is not requiring me to provide passwords; to
log into a private account; or to take any action that would
disclose non-publicly available social media information.''
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DHS has additional statutory and regulatory authorities to secure
the homeland and prevent terrorism, in addition to those cited above
for CBP and USCIS. These include:
The Homeland Security Act 2002, Public Law 107-296;
The Intelligence Reform and Terrorism Prevention Act
(IRTPA) of 2004, Public Law 108-458;
Implementing Recommendations of the 9/11 Commission Act of
2007 (``The 9/11 Act''), Public Law 110-53; and
The Immigration and Nationality Act, as amended.
Applicant information is collected to maintain a record of persons
applying for specific immigration and other travel benefits, and to
determine whether these applicants are eligible to receive the benefits
for which they are applying. The information provided through DHS forms
is also analyzed--along with other information that the Secretary of
[[Page 7577]]
Homeland Security determines is necessary, including information about
other persons included on the DHS forms--against various security and
law enforcement databases to identify those applicants who may pose a
security risk to the United States. To obtain approval for a collection
that meets the conditions of this generic clearance, a standardized
form will be submitted to OMB along with supporting documentation
(e.g., a copy of the updated application form). OMB will grant approval
only if the agency demonstrates the collection of information complies
with the specific circumstances laid out in this supporting statement.
Confidentiality
No assurance of confidentiality is provided. All data submitted
under this collection will be handled in accordance with applicable
U.S. laws and DHS policies regarding personally identifiable
information.
Public Law 107-347, ``E-Government Act of 2002,'' as
amended, Section 208 [44 U.S.C. 3501 note].
Title 5, United States Code (U.S.C.), Section 552a,
``Records maintained on individuals'' [The Privacy Act of 1974, as
amended].
Title 6, U.S.C., Section 142, ``Privacy officer.''
Title 44, U.S.C., Chapter 35, Subchapter II, ``Information
Security'' [The Federal Information Security Modernization Act of 2014
(FISMA)].
DHS Directive 047-01, ``Privacy Policy and Compliance''
(July 25, 2011).
DHS Instruction 047-01-001, ``Privacy Policy and
Compliance'' (July 25, 2011).
Privacy Policy Guidance Memorandum 2008-01/Privacy Policy
Directive 140-06, ``The Fair Information Practice Principles: Framework
for Privacy Policy at the Department of Homeland Security.'' (December
29, 2008).
Privacy Policy Guidance Memorandum 2017-01, DHS Privacy
Policy Regarding Collection, Use, Retention, and Dissemination of
Personally Identifiable Information. (April 25, 2017).
Refugees and asylees are protected by the confidentiality
provisions of 8 CFR 208.6; 8 U.S.C. 1103.
Aliens in TPS status have the confidentiality protections
described in 8 CFR 244.16; 8 U.S.C. 1254a(c)(6). There are no
confidentiality assurances for other aliens applying for the benefit.
The system of record notices associated with this
information collection are:
[cir] DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, September 18, 2017, 82 FR 43556 (all USCIS
forms).
[cir] DHS/USCIS-007 Benefits Information System, October 19, 2016,
81 FR 72069 (Forms N-400, I-131, I-192, I-485, I-590, I-730, I-751, I-
829).
[cir] DHS/USCIS-010 Asylum Information and Pre-Screening System of
Records, November 30, 2015, 80 FR 74781 (Form I-589, Form I-730).
[cir] DHS/CBP-006 Automated Targeting System, May 22, 2012, 77 FR
30297 (Form I-192).
[cir] DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking System of Records, November 21, 2013, 78 FR 69864; DHS/USCIS-
010 Asylum Information and Pre-Screening System of Records, November
30, 2015, 80 FR 74781.
[cir] DHS/CBP-022 Electronic Visa Update System (EVUS) System of
Records, September 1, 2016, 81 FR 60371 (EVUS Form); Final Rule for
Privacy Exemptions, November 25, 2016, 81 FR 85105.
[cir] DHS/CBP-009--Electronic System for Travel Authorization
(ESTA), September 2, 2016, 81 FR 60713 (ESTA Form); Final Rule for
Privacy Act Exemptions, August 31, 2009 74 FR 45069.
[cir] DHS/CBP-016--Nonimmigrant Information System, March 13, 2015,
80 FR 13398 (Form I-94W).
Applicable USCIS Privacy Impact Assessments (PIA)
[cir] Refugee Case Processing PIA: https://www.dhs.gov/publication/dhsuscispia-068-refugee-case-processing-and-security-vetting (July 21,
2017).
[cir] FDNS-DS: https://www.hsdl.org/?view&did=793268, May 18, 2016.
[cir] FDNS Directorate: https://www.dhs.gov/sites/default/files/publications/privacy-pia-uscis-fdns-november2016_0.pdf (December 16,
2014).
[cir] Asylum Division: https://www.dhs.gov/sites/default/files/publications/privacy-pia-uscis-asylum-july2017_0.pdf (July 21, 2017).
Applicable CBP Privacy Impact Assessments (PIA)
[cir] DHS/CBP/PIA-007 Electronic System for Travel Authorization
(ESTA) https://www.dhs.gov/publication/electronic-system-travel-authorization.
[cir] DHS/CBP/PIA-033 Electronic Visa Update System (EVUS) https://www.dhs.gov/publication/dhscbppia-033-electronic-visa-update-system-evus.
[cir] DHS//CBP/PIA-006 Automated Targeting System (ATS) https://www.dhs.gov/publication/automated-targeting-system-ats-update.
[cir] DHS/CBP/PIA-016 I-94 website Application https://www.dhs.gov/publication/us-customs-and-border-protection-form-i-94-automation.
This is a new generic clearance. This request will be submitted to
the Office of Management and Budget, Office of Information and
Regulatory Affairs for review and approval as required by the Paperwork
Reduction Act. This new collection is necessary to meet the intent of
E.O. 13780 (Section 5) to establish screening and vetting standards to
assess an alien's eligibility to travel to, be admitted to, or receive
an immigration-related benefit from DHS. This information will be used
to validate an applicant's identity and determine whether entry to the
U.S. or an immigration benefit for an individual poses a law
enforcement or national security risk to the United States.
DHS is particularly interested in comments which:
1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
2. Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and clarity of the information to
be collected; and
4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submissions of responses.
Analysis
Agency: Department of Homeland Security DHS.
Title: Generic Clearance for the Collection of Social Media
Information on Immigration and Foreign Travel Forms.
OMB Number: 1601-NEW.
Frequency: On Occasion.
Affected Public: Individuals.
Number of Respondents: 33,380,888.
Estimated Time per Respondent: .083.
Total Burden Hours: 12,374,078.
Dated: January 29, 2020.
Melissa Bruce,
Executive Director, Business Management Office.
[FR Doc. 2020-02614 Filed 2-7-20; 8:45 am]
BILLING CODE 9112-FL-P