Privacy Act of 1974; System of Records, 55638-55645 [2024-14768]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55638-55645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14768]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2023-0011]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security, U.S. Immigration and Customs 
Enforcement.

ACTION: Notice of a 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 and reissue a current DHS 
system of records titled, ``DHS/U.S. Immigration and Customs 
Enforcement (ICE)-011 Criminal Arrest Records and Immigration 
Enforcement Records

[[Page 55639]]

(CARIER) System of Records.'' DHS/ICE collects, uses, and maintains 
CARIER records to support the identification, apprehension, and removal 
of aliens (a term defined in law but used hereinafter as ``non-
citizens'') unlawfully entering or present in the United States in 
violation of the Immigration and Nationality Act (INA), including 
fugitive non-citizens. DHS/ICE also uses CARIER to support the 
identification and arrest of individuals (both citizens and non-
citizens) who commit violations of federal laws enforced by DHS. DHS/
ICE is reissuing this system of records notice to update the purpose of 
the system, add new categories of individuals, add new categories of 
records, and modify, remove, and propose new routine uses. 
Additionally, this notice includes non-substantive changes to simplify 
the formatting and text of the previously published notice. This 
modified system will be included in the Department's inventory of 
record systems.

DATES: Submit comments on or before August 5, 2024. This modified 
system will be effective August 5, 2024.

ADDRESSES: You may submit comments, identified by docket number ICEB-
2023-0011 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: Mason C. Clutter, 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 ICEB-2023-0011. All comments received will be posted 
without change to https://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Ieshah Geary, Privacy Officer, Office of Information Governance and 
Privacy, [email protected], U.S. Immigration and 
Customs Enforcement, 500 12th Street SW, Mail Stop 5004, Washington, DC 
20536. For privacy questions, please contact: Mason C. Clutter, (202) 
343-1717, [email protected], Chief Privacy Officer, Privacy Office, 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/ICE 
proposes to modify and reissue a current DHS system of records titled, 
``DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement 
Records (CARIER) System of Records.'' DHS/ICE maintains the CARIER 
system of records to support the identification, apprehension, and 
removal of individuals unlawfully entering or present in the United 
States; and to support the identification and arrest of individuals who 
commit violations of federal laws enforced by DHS.
    DHS/ICE is modifying and reissuing this system of records notice to 
update the purpose of the system to include the following purposes: (1) 
to monitor individuals unlawfully entering or present in the United 
States in violation of the Immigration and Nationality Act, including 
non-detained non-citizens; (2) to support geolocation tracking, 
biometric verification, and rapid enrollment of non-citizens into the 
ICE Enforcement and Removal Operations (ERO) Alternatives to Detention 
(ATD) program; and (3) to improve coordination necessary to efficiently 
transfer/transport individuals from the U.S. Customs and Border 
Protection (CBP) to ICE and subsequently from ICE to various family 
residential centers and detention facilities. DHS/ICE is also updating 
the categories of individuals covered by this system of records to 
include those individuals on the ``non-detained'' docket and 
Alternatives to Detention program. Additionally, DHS/ICE is updating 
the categories of records to include geolocation records derived from 
technologies such as the Global Positioning System (GPS) and records 
pertaining to family unit identification number (FAMU ID).
    ICE is also removing several routine uses from the previous system 
of records notice. After careful review and consideration, ICE is 
removing previous redundancies to ensure the System of Records Notice 
is focused solely on the system's purpose, categories of individuals, 
records, and routine uses for the identification, apprehension, and 
removal of non-citizens unlawfully present in the United States. The 
previous routine uses have been removed: Routine Use O, Routine Use S, 
Routine Use V, Routine Use Z, Routine Use AA, Routine Use BB, Routine 
Use JJ, and Routine Use YY.
    Finally, DHS/ICE is proposing to modify and add the following 
routine uses:
     Modify routine use (E) and add routine use (F) to allow 
DHS/ICE to share records with appropriate federal agencies or entities 
when reasonably necessary to respond to a breach of personally 
identifiable information and to prevent, minimize, or remedy the risk 
of harm to individuals or the Federal Government, or assist an agency 
in locating individuals affected by a breach in accordance with Office 
of Management and Budget (OMB) Memorandum M-17-12 ``Preparing for and 
Responding to a Breach of Personally Identifiable Information,'' (Jan. 
3, 2017).
     Add routine use (XX) to allow ICE to share records through 
the Law Enforcement Information Sharing Service (LEISS) with federal, 
state, local, tribal, regional, foreign, or international law 
enforcement agencies that are party to a LEISS Memorandum of Agreement. 
LEISS is a non-public facing web service that functions as a bi-
directional data sharing system between DHS and member agencies for the 
purpose of criminal law enforcement, homeland/national security, or 
applicant background investigations.
     Add routine use (YY) to allow ICE to share information 
with an appropriate federal, state, local, tribal, territorial, 
foreign, or international agency and third-party organizations 
assisting in the repatriation of non-citizens who are returning 
voluntarily to their home countries.
    The Routine Use Section is also being renumbered to account for the 
added and removed routine uses listed above. Non-substantive language 
changes have been made to the added routine uses to clarify disclosure 
policies that are standard across DHS and to align with previously 
published DHS system of records notices.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ICE-011 CARIER 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, DHS/
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 system of records 
notice. This modified system will be included in DHS's inventory of 
records systems.

II. Privacy Act

    The fair information practice principles found in the Privacy Act 
underpin the statutory framework governing the means by which Federal 
Government agencies collect, maintain,

[[Page 55640]]

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, and similarly, the Judicial Redress Act (JRA) provides a 
statutory right to covered persons to make requests for access to and 
amendment of covered records, as defined by the Judicial Redress Act, 
along with judicial review for denials of such requests. In addition, 
the Judicial Redress Act prohibits disclosures of covered records, 
except as otherwise permitted by the Privacy Act.
    Below is the description of the DHS/ICE-011 CARIER 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)-011 Criminal Arrest Records and Immigration 
Enforcement Records (CARIER).

SECURITY CLASSIFICATION:
    Unclassified. The data may be retained on classified networks, but 
this does not change the nature and character of the data until it is 
combined with classified information.

SYSTEM LOCATION:
    Records are maintained in DHS/ICE information technology (IT) 
systems (e.g., the Enforcement Integrated Database (EID) and their 
associated ICE applications. and contractor-owned IT systems, including 
those supporting the ICE Alternatives to Detention program). Records 
are also maintained in associated electronic and paper files located at 
ICE Headquarters in Washington, DC, ICE field and attach[eacute] 
offices, contractor offices, and detention facilities operated by or on 
behalf of ICE, or that otherwise house individuals arrested or detained 
by ICE. Finally, records are replicated from the operational DHS/ICE IT 
systems and maintained on DHS unclassified and classified networks used 
for analysis and vetting.

SYSTEM MANAGER(S):
    Executive Associate Director, Office of Enforcement and Removal 
Operations, U.S. Immigration & Customs Enforcement, 500 12th Street SW, 
Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority for maintaining this system is in sections 103, 235, 236, 
274, 287, and 290 of the Immigration and Nationality Act (INA), 8 
United States Code, sections 1103, 1225, 1226, 1324, 1357, 1360, and 
1365(a)(b); Title 18, United States Code, Chapters 27, 77, 85, 95, 
109A, 110, 113, and 117; Title 31, United States Code, Chapter 53, 
Subchapter II; Title 50 Appendix, United States Code; The Tariff Act of 
1930; Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint 
Act of 2005 (Pub. L. 109-162); Adam Walsh Child Protection and Safety 
Act of 2006 (Pub. L. 109-248); and 28 CFR part 28, ``DNA-Sample 
Collection and Biological Evidence Preservation in the Federal 
Jurisdiction.''

PURPOSE(S) OF THE SYSTEM:
    The purposes of this system are:
    1. To support the identification, arrest, charging, monitoring, 
detention, and/or removal of individuals unlawfully entering or present 
in the United States in violation of the INA, including fugitive non-
citizens, non-detained non-citizens, and non-lawful re-entrants.
    2. To support the identification and arrest of individuals (both 
citizens and non-citizens) who commit violations of criminal laws 
enforced by DHS/ICE.
    3. To track the process and results of administrative and criminal 
proceedings, including compliance with court orders and hearing dates, 
against individuals who are alleged to have violated the INA or other 
laws enforced by DHS.
    4. To support the grant or denial of parole and tracking of 
individuals who seek or receive parole into the United States.
    5. To provide criminal and immigration history information during 
DHS enforcement encounters, and to support background checks on 
applicants for DHS immigration benefits (e.g., employment authorization 
and petitions).
    6. To identify potential criminal activity, immigration violations, 
and threats to homeland security, to ensure public safety, and to 
uphold laws enforced by DHS.
    7. To support the geolocation tracking, biometric verification, and 
rapid enrollment of non-citizens into the ICE Alternatives to Detention 
program.
    8. To improve the coordination necessary to efficiently transfer/
transport individuals from CBP to ICE and from ICE to various detention 
facilities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include: (1) 
individuals arrested, detained, or removed from the United States for 
criminal or administrative violations of the INA, or individuals issued 
a Notice to Appear in immigration court; (2) individuals who are the 
subject of an immigration detainer issued to another law enforcement or 
custodial agency; (3) individuals arrested by ICE for violations of 
criminal laws enforced by ICE or DHS; (4) individuals who fail to leave 
the United States after receiving a final order of removal, 
deportation, or exclusion, or who fail to report to ICE for removal 
after receiving notice to do so (fugitive non-citizens); (5) 
individuals who non-lawfully re-enter the United States after departing 
pursuant to an order of voluntary departure or being removed from the 
United States (non-lawful re-entrants); (6) individuals who request to 
be removed at their own expense or are eligible for voluntary removal 
from the United States pursuant to section 250 of the INA; (7) 
individuals who are granted parole into the United States under section 
212(d)(5) of the INA (parolees); (8) individuals awaiting immigration 
proceedings under a ``non-detained'' or Alternatives to Detention 
program; (9) other individuals whose information may be collected or 
obtained during the course of an immigration enforcement or criminal 
matter, such as witnesses, associates, and relatives; (10) persons who 
post or arrange bond for the release of an individual from ICE 
detention, or receive custodial property of a detained non-citizen; 
(11) prisoners of the U.S. Marshals Service held in ICE detention 
facilities; and (12) attorneys or representatives who represent 
individuals listed in the categories above.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Biographic, biometric, descriptive, historical, and other 
identifying data, including:
     Full name;
     Alias(es);
     A-Number;
     Social Security number (SSN);
     Date of birth;
     Place of birth;
     Nationality;
     Fingerprint Identification Number (FIN);
     Federal Bureau of Investigation (FBI) number;

[[Page 55641]]

     Other unique identifying numbers (e.g., federal, state, 
local, and tribal identification numbers);
     Government-issued identification (e.g., passport, driver's 
license):
    [cir] Document type;
    [cir] Issuing organization;
    [cir] Document number;
    [cir] Expiration date;
     Visa information;
     Contact or location information (e.g., known or possible 
addresses, phone numbers);
     Employment history;
     Education history;
     Immigration history (e.g., citizenship/naturalization 
certificate number, removals, explanations);
     Domestic and foreign criminal history (e.g., arrest, 
charges, dispositions, and sentencing, corresponding dates, 
jurisdictions);
     Physical description (e.g., height, weight, eye color, 
hair color, race, ethnicity, identifying marks like scars, tattoos, or 
birthmarks); and
     Biometric data (i.e., fingerprints, voiceprints, iris 
images, photographs, facial verification images/templates, and DNA 
samples).
    [cir] DNA samples required by DOJ regulation (see 28 CFR part 28) 
are collected and sent to the FBI. DNA samples are not retained or 
analyzed by DHS, nor does ICE receive or maintain the results of the 
FBI's DNA analysis (i.e., DNA sequences).
    [cir] Information pertaining to ICE's collection of DNA samples, 
limited to the date and time of successful collection and confirmation 
from the FBI that the sample was able to be sequenced, is maintained by 
ICE and DHS.
    Case-related data:
     Case number;
     Family unit identification number ID numbers;
     Record number;
     Case category;
     Description of charges and disposition of arrest;
     Case agent;
     Data initiated and completed;
     Location-related data, including geotags from metadata 
associated with other record categories collected; geographical 
indicators; and geolocation information (e.g., GPS) derived from the 
ICE Alternatives to Detention program;
     National Sex Offender Registry (NSOR) status; and
     Other data describing an event involving alleged 
violations of criminal or immigration law (i.e., location; date; time; 
type of criminal or immigration law violations alleged; type of 
property involved; use of violence, weapons, or assault against DHS 
personnel or third parties; attempted escape; and other related 
information).
    Information presented to or collected by ICE during immigration and 
law enforcement proceedings or activities:
     Date of birth;
     Place of birth;
     Marital status;
     Education history;
     Employment history;
     Travel history; and
     Other information derived from affidavits, certificates, 
manifests, and other documents. This data typically pertains to 
subjects, relatives, associates, and witnesses.
    Detention data on non-citizens:
     Immigration detainers issued;
     Transportation information;
     Detention-related identification numbers;
     Detention facility;
     Security, risk, and custody classification;
     Custody recommendation and status;
     Flight risk indication;
     Book-in/book-out date and time;
     Mandatory detention and criminal flags;
     Aggravated felon status;
     Other alerts (e.g., gang affiliation, community ties, 
health accommodation, humanitarian or medical considerations);
     Information about a non-citizen's release from custody on 
bond, recognizance, or supervision;
     Information related to prosecutorial discretion 
determinations;
     Property inventory and receipt;
     Information related to disciplinary issues or grievances;
     Documents and video recordings related to alleged 
misconduct and other incidents involving detainees; and
     Other detention-related information (e.g., documentation 
of an allegation of sexual abuse or assault, documentation of strip and 
body cavity searches, documentation of reasons for segregation or other 
housing placement, documentation of participation in the orientation 
process).
    Detention data for U.S. Marshals Service prisoners:
     Full name;
     Date of birth;
     Country of birth;
     Identification numbers (e.g., detainee, FBI, state);
     Book-in/book-out date and time; and
     Security classification.
    Limited health information relevant to an individual's placement in 
an ICE detention facility or transportation requirements:
     Medical alerts, mental competency, or general information 
on physical disabilities or other special needs or vulnerabilities to 
facilitate placement in a facility or bed that best accommodates these 
needs. Medical records about individuals in ICE custody (i.e., records 
relating to the diagnosis or treatment of individuals) are maintained 
in DHS/ICE-013 Alien Medical Records System of Records.
    Progress, status, and final result of removal, prosecution, and 
other DHS processes and related appeals:
     Information relating to criminal convictions;
     Incarceration;
     Travel documents; and
     Other information pertaining to the actual removal of non-
citizens from the United States.
    Contact, biographical, and identifying data about Relatives, 
Attorneys, Representatives, Associates, or Witnesses of a noncitizen in 
proceedings initiated or conducted by DHS may include:
     Full name;
     Date of birth;
     Place of birth; and
     Contact or location information (e.g., addresses, phone 
numbers, and business or agency name).
    Data concerning personnel of other agencies that arrested, or 
assisted or participated in the arrest or investigation of, or are 
maintaining custody of an individual whose arrest record is contained 
in this system of records may include:
     Full name;
     Title; and
     Contact or location information (e.g., addresses, phone 
numbers, and business or agency name).
    Data about persons who post or arrange an immigration bond for the 
release of an individual from ICE custody, or receive custodial 
property of an individual in ICE custody may include:
     Full name;
     Address;
     Phone numbers; and
     Social Security number.
    Recordings of detainee telephone calls when responding as part of 
an alternative to detention program or of detainee calls made in 
detention facilities. Information about these calls may include:
     Date;
     Time;
     Duration; and
     Phone number called. (Note: protected telephone calls, 
such as calls with an attorney, are not recorded and information about 
protected telephone calls is not retained.)
    Information related to detainees' accounts for telephone or 
commissary services in a detention facility.

[[Page 55642]]

RECORD SOURCE CATEGORIES:
    Records are obtained from several sources. In general, information 
is obtained from individuals covered by this system, and other federal, 
state, local, tribal, or foreign governments. More specifically, DHS/
ICE-011 records derive from the following sources:
    (a) Individuals covered by the system and other individuals (e.g., 
witnesses, family members);
    (b) Other federal, state, local, tribal, or foreign governments and 
government information systems;
    (c) Business records;
    (d) Evidence, contraband, and other seized material; and
    (e) Public and commercial sources, including social media.

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 Offices of the 
United States Attorneys, or other federal agencies conducting 
litigation or in proceedings before any court, adjudicative, or 
administrative body, when it is relevant and 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 their official 
capacity;
    3. Any employee or former employee of DHS in their individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. secs. 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 an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To 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.
    I. 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.
    J. To appropriate 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 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.
    K. To federal, state, local, tribal, or territorial government 
agencies, or other entities or individuals, or through established 
liaison channels to selected foreign governments, to provide 
intelligence, counterintelligence, or other information for the 
purposes of national security, intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, Executive Order, or 
other applicable national security directive.
    L. 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.
    M. To any federal agency to enable such agency to make 
determinations regarding the payment of federal benefits to the record 
subject in accordance with that agency's statutory responsibilities.
    N. To foreign governments for the purpose of coordinating and 
conducting the removal of non-citizens from the United States to other 
nations under the Immigration and Nationality Act; and to 
international, foreign, intergovernmental, and multinational agencies, 
authorities, and organizations in accordance with law and formal or 
informal international arrangements.
    O. To the DOJ Executive Office of Immigration Review (EOIR) or its 
contractors, consultants, or others performing or working on a contract 
for EOIR, for the purpose of providing information about non-citizens 
who are or may be placed in removal proceedings so that EOIR may 
arrange for the provision of educational services to those non-citizens 
under EOIR's Legal Orientation Program, or for other purposes or 
activities within the scope of the EOIR contract.
    P. To disclose information to the DOJ EOIR and to the Board of 
Immigration Appeals, to the extent necessary to carry out their 
authorized duties pertaining to the adjudication of matters arising 
under the Immigration and Nationality Act.
    Q. To attorneys or legal representatives for the purpose of 
facilitating group presentations to non-

[[Page 55643]]

citizens in detention that will provide the non-citizens with 
information about their rights under U.S. immigration law and 
procedures.
    R. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements; or when the Department of State requires 
information to consider or provide an informed response to a request 
for information from a foreign, international, or intergovernmental 
agency, authority, or organization about a non-citizen or an 
enforcement operation with transnational implications.
    S. 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.
    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 the U.S. Marshals Service (USMS) concerning USMS prisoners 
that are or will be held in detention facilities operated by or on 
behalf of ICE, and to federal, state, local, tribal, or territorial law 
enforcement or correctional agencies concerning individuals in DHS 
custody that are to be transferred to such agency's custody, to 
coordinate the transportation, custody, and care of these individuals.
    V. To third parties to facilitate placement or release of an 
individual (e.g., at a group home, homeless shelter) who has been or is 
about to be released from DHS custody but only such information that is 
relevant and necessary to arrange housing, continuing medical care, or 
other social services for the individual.
    W. To victims and witnesses regarding custodial information, such 
as transfer to another custodial agency or location, release on bond, 
order of supervision, removal from the United States, or death in 
custody, about an individual who is the subject of a criminal or 
immigration investigation, proceeding, or prosecution. This would also 
authorize disclosure of custodial information to individuals with a 
legal responsibility to act on behalf of a victim or witness (e.g., 
attorney, parent, legal guardian) and individuals acting at the request 
of a victim or witness; as well as external victim notification systems 
that make such information available to victims and witnesses in 
electronic form.
    X. To the Federal Bureau of Prisons (BOP) and other federal, state, 
local, territorial, tribal, and foreign law enforcement or custodial 
agencies for the purpose of facilitating the transfer of custody of an 
individual to or from that agency. This will include the transfer of 
information about unaccompanied minor children to the U.S. Department 
of Health and Human Services (HHS) to facilitate the custodial transfer 
of such children from DHS to HHS.
    Y. To DOJ and other law enforcement or custodial agencies to 
facilitate payments and reporting under the State Criminal Alien 
Assistance Program or similar programs.
    Z. To any law enforcement agency or custodial agency (such as a 
jail or prison) to serve that agency with notice of an immigration 
detainer, or to update or remove a previously issued immigration 
detainer, for an individual who is believed to be in that agency's 
custody.
    AA. To DOJ, disclosure of DNA samples and related information as 
required by 28 CFR part 28.
    BB. To DOJ, disclosure of arrest and removal information for 
inclusion in relevant DOJ law enforcement databases and for use in the 
enforcement of federal firearms laws (e.g., Brady Handgun Violence 
Prevention Act, as amended by the NICS Improvement Amendments Act).
    CC. To the attorney or guardian ad litem of an individual's child, 
or to federal, state, local, tribal, territorial, or foreign 
governmental or quasi-governmental agencies or courts, to confirm the 
location, custodial status, removal, or voluntary departure of an 
individual from the United States, to facilitate the recipients' 
exercise of responsibilities pertaining to the custody, care, or legal 
rights (including issuance of a U.S. passport) of the individual's 
children, or the adjudication or collection of child support payments 
or other similar debts owed by the individual.
    DD. To an individual or entity seeking to post or arrange, or who 
has already posted or arranged, an immigration bond for a noncitizen to 
aid the individual or entity in (1) identifying the location of the 
noncitizen; (2) posting the bond; (3) obtaining payments related to the 
bond; or (4) conducting other administrative or financial management 
activities related to the bond.
    EE. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational governmental agencies 
when DHS needs 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.
    FF. Limited detainee biographical information will be publicly 
disclosed via the ICE Online Detainee Locator System or any successor 
system for the purpose of identifying whether a detainee is in ICE 
custody and the custodial location.
    GG. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in 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 their official capacity;
    3. Any employee of DHS in their individual capacity when DOJ or DHS 
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.
    HH. 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.
    II. To federal, state, local, tribal, territorial, or foreign 
governmental agencies; multilateral governmental organizations; or 
other public health entities, for the purposes of protecting the vital 
interests of a record subject or other persons, including to assist 
such agencies or organizations during an epidemiological investigation, 
in facilitating continuity of care, in preventing exposure to or 
transmission of a communicable or quarantinable disease of public 
health significance, or

[[Page 55644]]

to combat other significant public health threats.
    JJ. To foreign governments for the purpose of providing information 
about their citizens or permanent residents, or family members thereof, 
during local or national disasters or health emergencies.
    KK. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime) or cause of death.
    LL. To a former employee of DHS for purposes of responding to an 
official inquiry by Federal, State, local, tribal, or 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.
    MM. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance, grant, renewal, suspension or revocation 
of a security clearance, license, contract, grant, or other benefit; or 
if the information is relevant and necessary to a DHS decision 
concerning the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit.
    NN. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of licensed professionals or those seeking to become 
licensed professionals.
    OO. To an attorney or representative (as defined in 8 CFR 1.2, 
202.1, 1001.1(f), or 1202.12) who is acting on behalf of an individual 
covered by this system of records in connection with any proceeding 
before U.S. Citizenship and Immigration Services (USCIS), ICE, CBP, or 
EOIR, as required by law or as deemed necessary in the discretion of 
the Department.
    PP. To members of the public, with regard to disclosure of limited 
detainee biographical information for the purpose of facilitating the 
deposit of monies into detainees' accounts for telephone or commissary 
services in a detention facility.
    QQ. To federal, state, local, tribal, or territorial government 
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.
    RR. To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or prosecution, 
pre-trial, sentencing, parole, probation, bail bonds, or any other 
aspect of the criminal justice process, and to defense counsel 
representing an individual in a domestic criminal proceeding, to ensure 
the integrity and efficiency of the criminal justice system by 
informing these recipients of the existence of an immigration detainer 
or the individual's status in removal proceedings, including removal or 
custodial status/location. Disclosure of the individual's A-Number and 
country of birth is also authorized to facilitate these recipients' use 
of the ICE Online Detainee Locator System for the purposes listed 
above.
    SS. To a foreign government to notify it concerning its citizens or 
residents who are incapacitated, an unaccompanied minor, or deceased.
    TT. To family members, guardians, committees, friends, or other 
agents identified by law or regulation to receive notification, 
decisions, and other papers as provided in 8 CFR 103.8 from DHS or EOIR 
following verification of a familial or agency relationship with a non-
citizen when DHS is aware of indicia of incompetency or when a non-
citizen has been determined to be mentally incompetent by an 
immigration judge.
    UU. To an organization or person in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, or when the information is relevant 
to the protection of life, property, or other vital interests of a 
person.
    VV. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of granting or revoking naturalization.
    WW. To federal, state, local, tribal, territorial, foreign, or 
international agencies, after discovery of such information, if DHS 
determines: (1) The information is relevant and necessary to that 
agency's decision concerning the hiring or retention of an individual, 
or issuance of a security clearance, license, contract, grant, or other 
benefit; and (2) Failure to disclose the information is likely to 
create a substantial risk to government facilities, equipment, or 
personnel; sensitive information; critical infrastructure; or public 
safety.
    XX. To an appropriate federal, state, local, tribal, regional, 
foreign, or international law enforcement agency, where use is 
consistent with the official duties of the recipient agencyand the 
requirements set forth in a related memorandum of agreement between DHS 
and the recipient agency authorizing information sharing through LEISS 
for the purpose of criminal law enforcement, homeland security, or to 
support applicant background investigations for ICE law enforcement 
partners.
    YY. To an appropriate federal, state, local, tribal, territorial, 
foreign, or international agency and third-party organizations 
assisting in the repatriation of non-citizens who are returning 
voluntarily to their home countries.
    ZZ. 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:
    Records may be retrieved by name, biometric identifiers, 
identification numbers including, but not limited to, A-Number, 
fingerprint identification number, Social Security number, case or 
record number if applicable, case related data, or a combination of 
other personal identifiers including, but not limited to, date of birth 
and nationality.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    ICE retains records in accordance with an applicable National 
Archives and Records Administration (NARA) General Records Schedule 
(GRS) or a NARA-approved agency-specific records control schedule. ICE 
retains records of arrests, detentions, and removals in the Enforcement 
Integrated Database and its

[[Page 55645]]

modules, such as the ENFORCE Alien Removal Module and the ICE 
Integrated Decision Support (IIDS), for seventy-five (75) years 
pursuant to the Biometric with Limited Biographical Data Schedule, DAA-
563-2013-0001-0006.
    The Online Detainee Locator System (ODLS) uses an extract of 
Enforcement Integrated Database data about current detainees and 
detainees that were released during the last sixty (60) days. Records 
are retained in the Online Detainee Locator System for as long as they 
meet the extract criteria in accordance with the schedule, N1-567-11-7. 
The electronic Travel Document System (eTD) stores travel documents for 
twenty (20) years after the issuance of a travel document or denial 
letter in accordance with the schedule, DAA-0567-2017-0004. 
Alternatives to Detention program records are retained for seven (7) 
years after the individual has been removed from the Alternatives to 
Detention program and is no longer being monitored in accordance with 
the schedule, DAA-567-2018-0001-0001.

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. DHS/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 Judicial Redress Act 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 Chief Privacy Officer and ICE FOIA 
Officer whose contact information can be found at https://www.dhs.gov/foia. If an individual believes more than one component maintains 
Privacy Act records concerning them, 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 
or electronically at https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form. Even if neither the Privacy Act nor the Judicial 
Redress Act provide a right of access, certain records about an 
individual may be available under the Freedom of Information Act.
    When seeking records about oneself from this system of records or 
any other Departmental system of records, an individual's request must 
conform with the Privacy Act regulations set forth in 6 CFR part 5. The 
individual must first verify their identity, meaning that they must 
provide their full name, current address, and date and place of birth. 
The individual must sign the request, and their 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, one may obtain forms 
for this purpose from the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In 
addition, individuals should:
     Explain why they believe the Department would have 
information on them;
     Identify which component(s) of the Department they believe 
may have the information about them;
     Specify when they believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.

    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.

    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:
    For records covered by the Privacy Act or covered Judicial Redress 
Act records, individuals may make a request for amendment or correction 
of a Department record about the individual by writing directly to the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. The request should identify 
each record in question, state the amendment or correction desired, and 
state why the individual believes that the record is not accurate, 
relevant, timely, or complete. The individual may submit any 
documentation that would be helpful to support the request. If the 
individual believes that the same record is in more than one system of 
records, the request should state this belief and be addressed to each 
component that maintains a system of records containing the record.

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

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. secs. 552a(c)(3), (c)(4); (d); (e)(1), 
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(2), has exempted this system of records from the following 
provisions of the Privacy Act: 5 U.S.C. secs. 552a(c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H); and (f). When a record received from another 
system has been exempted in that source system under 5 U.S.C. secs. 
552a(j)(2) or (k)(2), DHS will claim the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated and claim any additional exemptions set 
forth here.

HISTORY:
    81 FR 72080 (November 18, 2016); 80 FR 24269 (April 30, 2015); 80 
FR 11214 (March 2, 2015); 75 FR 23274 (May 3, 2010); 75 FR 9238 (March 
1, 2010); 74 FR 20719 (May 5, 2009); 74 FR 5665 (January 30, 2009); 74 
FR 4965 (January 28, 2009).

Mason C. Clutter,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2024-14768 Filed 7-3-24; 8:45 am]
BILLING CODE 9111-28-P