System Of Record Notice

[Federal Register: January 5, 2010 (Volume 75, Number 2)]

[Notices]

[Page 409-412]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05ja10-84]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0123]

Privacy Act of 1974; United States Citizenship and Immigration

Services--010 Asylum Information and Pre-Screening System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act systems of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of

Homeland Security proposes to add a new system of records to the

Department of Homeland Security's inventory, entitled Unites States

Citizenship and Immigration Services-010 Asylum Information and Pre-

Screening System of Records. This new system of records is composed of

two existing legacy IT systems: The Refugees, Asylum, and Parole System

and the Asylum Pre-Screening System. Refugees, Asylum, and Parole

System and Asylum Pre-Screening System have been in operation prior to

the publication of this system of records notice as both systems were

deemed to contain active records for only non-United States citizens

and non-legal permanent residents. Refugees, Asylum, and Parole System

and Asylum Pre-Screening System are used to capture information

pertaining to asylum applications, credible fear and reasonable fear

screening processes, and applications for benefits provided by Section

203 of the Nicaraguan Adjustment and Central American Relief Act. This

newly established system will be included in the Department of Homeland

Security's inventory of record systems.

DATES: Submit comments on or before February 4, 2010. This new system

will be effective February 4, 2010.

ADDRESSES: You may submit comments, identified by Docket Number DHS-

2009-0123, by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Fax: 703-483-2999.

Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy

Office, Department of Homeland Security, Washington, DC 20528.

Instructions: All submissions received must include the

agency name and docket number for this notice. All comments received

will be posted without change to http://www.regulations.gov, including

any personal information provided.

Docket: For access to the docket to read background

documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:

United States Citizenship and Immigration Services (202-272-1663), 20

Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. For privacy

issues please contact: Mary Ellen Callahan (703-235-0780), Chief

Privacy Officer, Privacy Office, U.S. Department of Homeland Security,

Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

As set forth in section 451(b) of the Homeland Security Act of

2002, Congress charged United States Citizenship and Immigration

Services (USCIS) with the administration of the asylum program, which

provides protection to qualified individuals in the United States who

have suffered past persecution or have a well-founded fear of future

persecution in their country of origin as outlined under 8 CFR part

208. USCIS is also responsible for the adjudication of the benefit

program established by section 203 of the Nicaraguan Adjustment and

Central American Relief Act (NACARA 203), in

[[Page 410]]

accordance with 8 CFR part 241, and the maintenance and administration

of the credible fear and reasonable fear screening processes, in

accordance with 8 CFR 208.30 and 208.31.

In order to carry out its statutory obligations in administering

these benefit programs, USCIS has established the Asylum Information

and Pre-Screening System of Records to facilitate every aspect of

intake, adjudication, and review of the specified programs.

The Asylum Information and Pre-Screening System tracks case status

and facilitate the scheduling of appointments and interviews as well as

to issue notices at several stages of the adjudication process and to

generate decision documents. This system also initiates, facilitates

and tracks security and background check screening, and prevents the

approval of any benefit prior to the review and completion of all

security checks. Finally, the system provides a fully developed and

flexible means for analyzing and managing program workflows and

provides the Asylum Program with statistical reports to assist with

oversight of production and processing goals.

The Asylum Information and Pre-Screening System is composed of two

IT systems: Refugees, Asylum and Parole System (RAPS) and Asylum Pre-

Screening System (APSS). RAPS is a comprehensive case management tool

that enables USCIS to handle and process applications for asylum

pursuant to section 208 of the Immigration and Nationality Act (Act)

and applications for adjustment pursuant to section 203 of NACARA. DHS

offices worldwide can access RAPS as a resource of current and historic

immigration status information on more than one million applicants. DHS

officials can use RAPS to verify the status of asylum applicants,

asylees, and their dependents to assist with the verification of an

individual's immigration history in the course of a review of visa

petitions and other benefit applications as well.

APSS is a program-focused case management system that supports

USCIS in the screening of individuals in the expedited removal process

and of individuals subject to reinstatement of a final order of removal

or an administrative removal order based on a conviction of an

aggravated felony to determine whether they have credible fear or

reasonable fear, thus providing the individual with an opportunity for

a hearing before an immigration judge. Case tracking, application

processing, and workflow management are carried out for all credible

fear and reasonable fear screenings using APSS.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory

framework governing the means by which the United States Government

collects, maintains, uses and disseminates personally identifiable

information. The Privacy Act applies to information that is maintained

in a ``system of records. A ``system of records'' is a group of any

records under the control of an agency for which information is

retrieved by the name of an individual or by some identifying number,

symbol, or other identifying particular assigned to the individual. In

the Privacy Act, an individual is defined to encompass United States

citizens and lawful permanent residents. As a matter of policy, DHS

extends administrative Privacy Act protections to all individuals where

systems of records maintain information on U.S. citizens, lawful

permanent residents, and visitors. Individuals may request access to

their own records that are maintained in a system of records in the

possession or under the control of DHS by complying with DHS Privacy

Act regulations, 6 CFR part 5.

The Privacy Act requires each agency to publish in the Federal

Register a description denoting the type and character of each system

of records that the agency maintains, and the routine uses that are

contained in each system in order to make agency record keeping

practices transparent, to notify individuals regarding the uses to

which personally identifiable information is put, and to assist the

individual to more easily find such files within the agency. Below is a

description of DHS/USCIS-010 system of records.

In accordance with 5 U.S.C. 552a(r), DHS has provided a report of

these new systems of records to the Office of Management and Budget and

to the Congress.

System of Records

DHS/USCIS-010

System name:

United States Citizenship and Immigration Services Asylum

Information and Pre-Screening System.

Security classification:

Unclassified.

System location:

The system is currently located at the Department of Justice (DOJ)

Data Processing Center, Dallas, Texas, with data access by Department

of Homeland Security (DHS) users including, but not limited to, U.S.

Citizenship and Immigration Services (USCIS) users from Headquarters,

Regional, and District Offices, Service Centers, the National Benefit

Center and Asylum Offices.

Categories of individuals covered by this system:

Categories of individuals covered by Asylum Information and Pre-

Screening System include:

Individuals covered by provisions of section 208 of the

Immigration and Nationality Act (Act), as amended, who have applied

with USCIS for asylum on Form I-589 (Application for Asylum and for

Withholding of Removal) and/or for suspension of deportation/special

rule cancellation of removal under section 203 of NACARA on Form I-881

(Application for Suspension of Deportation or Special Rule Cancellation

of Removal);

Individuals who were referred to a USCIS Asylum Officer

for a credible fear or reasonable fear screening determination under 8

CFR part 208, subpart B, after having expressed a fear of return to the

intended country of removal because of fear of persecution or torture,

during the expedited removal process under 8 U.S.C. 1225(b), the

administrative removal processes under 8 U.S.C. 1228(b) (removal of

certain aliens convicted of aggravated felonies), or 8 U.S.C.

1231(a)(5) (reinstatement of certain prior removal orders);

The spouse and children of a principal asylum applicant

properly included in an asylum application; and

Persons who complete asylum applications on behalf of the

asylum applicant (e.g., attorneys, form preparers, representatives).

Categories of records in the system:

Categories of records in Asylum Information and Pre-Screening

System include:

Name,

Alias,

Alien number (A-number),

Address,

Sex,

Marital status,

Date of birth,

Country of birth,

Country of nationality,

Ethnic origin,

Religion,

Port and date of entry,

Social Security number (if available),

Status at entry, filing date of asylum application,

Results of security checks,

Languages spoken.

Claimed basis of eligibility for benefit(s) sought,

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Case status,

Case history,

Employment authorization eligibility and application

history.

Information from other systems of records (or their

successor systems) such as Removable Alien Records System (DHS/ICE-011,

published May 5, 2009, 74 FR 20719), TECS (DHS/CBP-011, published

December 1, 2008, 73 FR 77778), the Records and Management Information

System (JUSTICE/EOIR-001, published May 11, 2004, 69 FR 26179), and the

USCIS Benefits Information System (BIS) (DHS/USCIS-003, published

September 29, 2008, 73 FR 56596).

Authority for maintenance of the system:

8 U.S.C. 1101, 1103, 1158, 1225, 1228, and 1522.

Purpose(s):

The purpose of Asylum Information and Pre-Screening System is to

manage, control, and track the following types of adjudications:

A. Affirmative asylum applications and

B. Applications filed with USCIS for suspension of deportation/

special rule cancellation of removal pursuant to section 203 of NACARA.

C. Credible fear screening cases under 8 U.S.C. 1225(b)(1)(B) and

D. Reasonable fear screening cases under 8 CFR 208.31.

Routine uses of records maintained in the system, including categories

of users and the purpose 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 or other Federal agency conducting

litigation or in proceedings before any court, adjudicative or

administrative body, when:

1. DHS or any component thereof;

2. Any employee of DHS in his/her official capacity;

3. Any employee of DHS in his/her individual capacity where DOJ or

DHS has agreed to represent the employee; or

4. The United States or any agency thereof, is a party to the

litigation or has an interest in such litigation, and DHS determines

that the records are both relevant and necessary to the litigation and

the use of such records is compatible with the purpose for which DHS

collected the records.

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 or other

Federal government agencies pursuant to records management inspections

being conducted under the authority of 44 U.S.C. 2904 and 2906.

D. To an agency, organization, or individual for the purpose of

performing audit or oversight operations as authorized by law, but only

such information as is necessary and relevant to such audit or

oversight function.

E. To appropriate agencies, entities, and persons when:

1. DHS suspects or has confirmed that the security or

confidentiality of information in the system of records has been

compromised;

2. The Department has determined that as a result of the suspected

or confirmed compromise there is a risk of harm to economic or property

interests, identity theft or fraud, or harm to the security or

integrity of this system or other systems or programs (whether

maintained by DHS or another agency or entity) that rely upon the

compromised information; and

3. The disclosure made to such agencies, entities, and persons is

reasonably necessary to assist in connection with DHS's efforts to

respond to the suspected or confirmed compromise and prevent, minimize,

or remedy such harm as limited by the terms and conditions of 8 CFR

208.6.

F. To contractors and their agents, grantees, experts, consultants,

and others performing or working on a contract, service, grant,

cooperative agreement, or other assignment for DHS, when necessary to

accomplish an agency function related to this system of records.

Individuals provided information under this routine use are subject to

the same Privacy Act requirements and limitations and the limitations

of Title 8, Code of Federal Regulations (8 CFR) Sec. 208.6 on

disclosure as are applicable to DHS officers and employees. 8 CFR 208.6

prohibits the disclosure to third parties of information contained in

or pertaining to asylum applications, credible fear determinations, and

reasonable fear determinations except under certain limited

circumstances.

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, where 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 any element of the U.S. Intelligence Community, or any other

Federal or state agency having a counterterrorism function, provided

that the need to examine the information or the request is made in

connection with its authorized intelligence or counterterrorism

function or functions and the information received will be used for the

authorized purpose for which it is requested.

I. To other Federal, State, tribal, and local government agencies,

foreign governments, intergovernmental organizations and other

individuals and organizations as necessary and proper during the course

of an investigation, processing of a matter, or during a proceeding

within the purview of U.S. or foreign immigration and nationality laws,

to elicit or provide information to enable DHS to carry out its lawful

functions and mandates, or to enable the lawful functions and mandates

of other federal, state, tribal, and local government agencies, foreign

governments, or intergovernmental organizations as limited by the terms

and conditions of 8 CFR 208.6 and any waivers issued by the Secretary.

J. To a Federal, State, tribal, or local government agency or

foreign government seeking to verify or ascertain the citizenship or

immigration status of any individual within the jurisdiction of the

agency for any purpose authorized by law.

K. To appropriate agencies, entities, and persons when:

1. It is suspected or confirmed that the security or

confidentiality of information in the system of records has been

compromised;

2. It is determined that as a result of the suspected or confirmed

compromise there is a risk of harm to economic or property interests,

identity theft or fraud, or harm to the security or integrity of this

system or other systems or programs (whether maintained by DHS or

another agency or entity) that rely upon the compromised information;

and

3. The disclosure is made to such agencies, entities, and persons

when reasonably necessary to assist in connection with efforts to

respond to the suspected or confirmed compromise and prevent, minimize,

or remedy such harm.

Disclosure to consumer reporting agencies:

None.

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Policies and practices for storing, retrieving, accessing, retaining,

and disposing of records in the system:

Storage:

The records are stored in a database on magnetic disk and tape. A

record, or any part thereof, may be printed and stored in the

applicant's A-file.

Retrievablity:

Records are indexed and retrievable by name and/or A-file number.

Safeguards:

Records in this system are safeguarded in accordance with

applicable rules and policies, including all applicable DHS automated

systems security and access policies. Strict controls have been imposed

to minimize the risk of compromising the information that is being

stored. Access to the computer 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. The system maintains a real-time

auditing function of individuals who access the system. Additional

safeguards may vary by component and program.

Retention and disposal:

The following USCIS proposal for retention and disposal is pending

approval by NARA:

Master File automated records will be maintained for 25 years after

the case is closed, and then archived at the DOJ Data Processing Center

or its designated successor, for 75 years and then destroyed. Copies of

system data may be stored in the individual's Alien File (NCI-85-80-5/

1).

Reports used to facilitate case processing that contains personally

identifiable information will be maintained at Headquarters and Asylum

Field Offices and destroyed when no longer needed.

System Manager and address:

The Chief of the Asylum Division, Refugee, Asylum and International

Operations Directorate, U.S. Citizenship and Immigration Services,

Suite 3300, 20 Massachusetts Avenue, NW., Washington, DC 20529.

Notification procedure:

The Secretary of Homeland Security has exempted this system from

the notification, access, and amendment procedures of the Privacy Act

because of criminal, civil, and administrative enforcement

requirements. However, USCIS will consider individual requests to

determine whether or not information may be released. Thus, individuals

seeking notification of and access to any record contained in this

system of records, or seeking to contest its content, may submit a

request in writing to the Headquarters or component's FOIA Officer,

whose contact information can be found at http://www.dhs.gov/foia under

``contacts.'' If an individual believes more than one component

maintains Privacy Act records concerning him or her the individual may

submit the request to the Chief Privacy Officer, Department of Homeland

Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,

DC 20528.

When seeking records about yourself from this system of records or

any other Departmental system of records your request must conform with

the Privacy Act regulations set forth in 6 CFR part 5. You must first

verify your identity, meaning that you must provide your full name,

current address and date and place of birth. You must sign your

request, and your signature must either be notarized or submitted under

28 U.S.C. 1746, a law that permits statements to be made under penalty

of perjury as a substitute for notarization. While no specific form is

required, you may obtain forms for this purpose from the Director,

Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition

you should provide the following:

An explanation of why you believe the Department would

have information on you,

Identify which component(s) of the Department you believe

may have the information about you,

Specify when you believe the records would have been

created,

Provide any other information that will help the FOIA

staff determine which DHS component agency may have responsive records,

If your request is seeking records pertaining to another

living individual, you must include a statement from that individual

certifying his/her agreement for you to access his/her records.

Without this bulleted information the component(s) may not be able

to conduct an effective search, and your request may be denied due to

lack of specificity or lack of compliance with applicable regulations.

Record access procedures:

See ``Notification procedure'' above.

Contesting record procedures:

See ``Notification procedure'' above.

Record source categories:

Records are obtained from the individuals who are the subject of

these records. Information contained in this system may also be

supplied by DHS, other U.S. Federal, State, tribal, or local government

agencies, foreign government agencies, and international organizations.

Exemptions claimed for the system:

None.

Dated: December 29, 2009.

Mary Ellen Callahan,

Chief Privacy Officer, Department of Homeland Security.

[FR Doc. E9-31267 Filed 1-4-10; 8:45 am]

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