Systems of Records Notices for USCIS Form G-28/G-28I
DHS/USCIS 001 – Alien File, Index, and National File Tracking System of Record
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69864-69871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27895]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0069]
Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services, U.S. Immigration and Customs
Enforcement, U.S. Customs and Border Protection--001 Alien File, Index,
and National File Tracking System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of update and reissuance of privacy act system of
records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records notice titled, ``Department of
Homeland Security U.S. Citizenship and Immigration Services, U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection--001 Alien File, Index, and National File Tracking System of
Records,'' 76 FR 34233 (June 13, 2011). This system of records contains
information regarding transactions involving an individual as he/she
passes through the U.S. immigration and inspection process, some of
which may also be covered by separate systems of records notices. This
system of records contains personally identifiable information such as
the individual's name, Alien Registration Number, receipt file number,
date and place of birth, date and port of entry, as well as the
location of each official Alien File. It may also contain other
personal identifiers such as an individual's Social Security Number.
The Department of Homeland Security is updating the Department of
Homeland Security U.S. Citizenship and Immigration Services, U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection--001 Alien File, Index, and National File Tracking System of
Records with the following substantive changes: (1) The addition of
five routine uses and the modification of eight routine uses to allow
the Department of Homeland Security to share information from this
system; (2) Updated notification and access procedures; and (3)
Language acknowledging the concurrent publication of a Final Rule
exempting this system from certain provisions of the Privacy Act,
including an exemption for records that are classified. This updated
system will be included in the
[[Page 69865]]
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before December 23, 2013. This updated
system will be effective December 23, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0069 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Deputy Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions regarding this
system of records please contact: Donald K. Hawkins (202) 272-8000,
Privacy Officer, U.S. Citizenship and Immigration Services, 20
Massachusetts Avenue NW., Washington, DC 20529. For privacy questions
please contact: Jonathan R. Cantor (202) 343-1717, Deputy Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), U.S.
Customs and Border Protection (CBP) proposes to update and reissue a
current DHS system of records titled, ``DHS/USCIS-ICE-CBP-001 Alien
File, Index, and National File Tracking System of Records.''
DHS implements U.S. immigration law and policy through USCIS's
processing and adjudication of applications and petitions submitted for
citizenship, asylum, and other immigration benefits. USCIS also
supports national security by preventing individuals from fraudulently
obtaining immigration benefits and by denying applications from
individuals who pose national security or public safety threats. U.S.
immigration policy and law is also implemented through ICE's law
enforcement activities and CBP's inspection and border security
processes.
The Alien File (A-File), Index, and National File Tracking System
of Records is the official record system that contains information
regarding the transactions of an individual as he/she passes through
the U.S. immigration and inspection process. The DHS/USCIS-ICE-CBP-001
Alien File, Index, and National File Tracking System of Records
contains personally identifiable information (PII) such as the
individual's name, Alien Registration Number, receipt file number, date
and place of birth, date and port of entry, as well as the location of
each official A-File. It may also contain other personal identifiers
such as an individual's Social Security Number (SSN), if the individual
has one and it is in the A-File. Some records contained in the DHS/
USCIS-ICE-CBP-001 A-Files are derived from separate systems of record,
in which case the system of records notice (SORN) pertaining to the
originating system would govern the treatment of those records.
Previously, the legacy agency Immigration and Naturalization Services
(INS) collected and maintained information concerning all of these
immigration and inspection interactions. Since the formation of DHS,
however, immigration responsibilities have been divided among USCIS,
ICE, and CBP. While USCIS is the custodian of the A-File, all three
components create, contribute information to, and use A-Files, hence
this joint System of Records Notice.
A notice detailing this system of records was last published in the
Federal Register on June 13, 2011, as the DHS/USCIS-ICE-CBP-001 Alien
File, Index, and National File Tracking System of Records, 76 FR 34233.
DHS is updating the DHS/USCIS-ICE-CBP-001 Alien File, Index, and
National File Tracking System of Records to include the following
substantive changes: (1) The addition of three routine uses and the
modification of eight routine uses to clarify DHS's sharing of
information from this system; (2) Updated notification and access
procedures; and (3) Language acknowledging the concurrent publication
of a Final Rule exempting this system from certain provisions of the
Privacy Act, including an exemption for records that are classified.
DHS added five routine uses with the letter in parentheses
corresponding to the new routine use:
(H) Allows DHS to share information with other federal, state,
tribal, local or government agencies when these other agencies are
investigating or prosecuting violations of statute rules, regulations,
orders, and/or licenses.
(I) Allows DHS to share information with third parties during the
course of a law enforcement investigation in order to obtain pertinent
information.
(J) Allows DHS to share information with organizations or persons
when there is reason to believe that the recipient is or could be the
target of a particular terrorist activity.
(LL) Allows DHS to share information with family members when,
under 8 CFR Sec. 103.8, DHS or an Executive Office for Immigration
Review immigration judge makes a decision that an alien is mentally
incompetent.
(OO) Allows DHS to share information with domestic government
agencies when those agencies are seeking to determine the immigration
status of individuals who have applied to purchase or obtain a firearm
in the United States.
Below is a summary of the eight routine use modifications with the
letter in parentheses corresponding to the routine use updated:
(A) Updated to clarify that records will be provided to ``the
United States or any agency thereof,'' without any further modifiers to
the section.
(C) Updated to note that records will be provided specifically to
General Services Administration rather than other federal government
agencies.
(D) Updated to clarify language that records will not be given to
individuals, but to agencies or organizations performing the audit.
(E) Updated to clarify language regarding a suspected or confirmed
compromise of personally identifiable information in the system.
(F) Updated to clarify language that the contractors are subject to
the requirements laid out in this system of records notice and the
Privacy Act.
(K) Updated to clarify the language to reflect the practice
associated with naturalization process.
(L) Updated to clarify that records will be provided to ``the
United States or any agency thereof,'' without any further modifiers to
the section.
(M) Update language to refer to correct Code of Federal Regulations
citation for the definition of an attorney or representative, and
clarified that it is at the Department's discretion to use this routine
use, as with any routine use published in this system of records.
Consistent with DHS's information sharing mission, information
stored in the DHS/USCIS-ICE-CBP-001 may be shared with other DHS
components that have a need to know the information to carry out their
national security, law
[[Page 69866]]
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS may share with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies after DHS determines that the receiving component or agency
has a need to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in the A-File SORN, or other applicable
exemptions under the Privacy Act.
Additionally, DHS is issuing a Final Rule elsewhere in the Federal
Register, to exempt this system of records from certain provisions of
the Privacy Act. This updated system will be included in DHS's
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy (Privacy Policy Guidance
Memorandum 2007-01, most recently updated January 7, 2009), DHS extends
administrative Privacy Act protections to all individuals, regardless
of citizenship, when systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
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 their records are put, and to assist individuals with more easily
finding such files within the agency. Below is the description of the
DHS/USCIS-ICE-CBP-001 Alien File, Index, and National File Tracking
System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS
DHS/USCIS-ICE-CBP-001
System name:
Department of Homeland Security U.S. Citizenship and Immigration
Services, U.S. Immigration and Customs Enforcement, U.S. Customs and
Border Protection--001 Alien File, Index, and National File Tracking
System of Records.
Security classification:
Unclassified, sensitive, for official use only, and classified.
System location:
Alien Files (A-Files) are maintained in electronic and paper format
throughout DHS. Digitized A-Files are located in the Enterprise
Document Management System (EDMS). The Central Index System (CIS)
maintains an index of the key personally identifiable information (PII)
in the A-File, which can be used to retrieve additional information
through such applications as Enterprise Citizenship and Immigrations
Services Centralized Operational Repository (eCISCOR), the Person
Centric Query Service (PCQS) and the Microfilm Digitization Application
System (MiDAS). The National File Tracking System (NFTS) provides a
tracking system of where the A-Files are physically located, including
whether the file has been digitized.
The databases maintaining the above information are located within
the DHS data center in the Washington, DC metropolitan area as well as
throughout the country. Computer terminals providing electronic access
are located at U.S. Citizenship and Immigration Services (USCIS) sites
at Headquarters and in the Field throughout the United States and at
appropriate facilities under the jurisdiction of the U.S. Department of
Homeland Security (DHS) and other locations at which officers of DHS
component agencies may be posted or operate to facilitate DHS's mission
of homeland security. Hard copies of the A-Files are primarily located
at the records centers in Lee Summit, Missouri; Suitland, Maryland; San
Bruno, California; Seattle, Washington; and Dayton, Ohio. Hard copies
may also be located at Headquarters, Regional, District, and other
USCIS file control offices in the United States and foreign countries
as detailed on the agency's Web site, http://www.USCIS.gov. Hard copies
may also be located at the offices and facilities of U.S. Immigration
and Customs Enforcement (ICE) and U.S. Customs and Border Protection
(CBP).
Categories of individuals covered by the system:
Lawful permanent residents;
Naturalized U.S. citizens;
U.S. citizens when petitioning for benefits under the
Immigration and Nationality Act (INA) on behalf of another individual;
Individuals who receive or petition for benefits under the
INA, and;
Individuals who are subject to the enforcement provisions
of the INA;
Individuals who are subject to the INA and:
[cir] Are under investigation by DHS for possible national security
threats or threats to the public safety,
[cir] were investigated by DHS in the past,
[cir] are suspected of violating immigration-related criminal or
civil provisions of treaties, statutes, regulations, Executive Orders,
and Presidential proclamations administered by DHS, or
[cir] are witnesses and informants having knowledge of such
violations;
Relatives and associates of any of the individuals listed
above who are subject to the INA;
Individuals who have renounced their U.S. Citizenship; or
Preparers, attorneys, and representatives who assist
individuals during benefit and enforcement proceedings under the INA.
Note: Individuals may fall within one or more of these categories.
Categories of records in this system include:
A. The hardcopy paper A-File, which contains the official record
material about each individual for whom DHS has created a record under
the INA such as: naturalization certificates; various documents and
attachments (e.g., birth and marriage certificates); applications and
petitions for benefits under the immigration and nationality laws;
reports of arrests and investigations; statements; other reports;
records of proceedings before or filings made with the U.S. immigration
courts and any administrative or federal district court or court of
appeal; correspondence; and memoranda. Specific data elements may
include:
Alien Registration Number(s) (A-Numbers);
Receipt file number(s);
Full name and any aliases used;
Physical and mailing addresses;
Phone numbers and email addresses;
Social Security Number (SSN);
[[Page 69867]]
Date of birth;
Place of birth (city, state, and country);
Countries of citizenship;
Gender;
Physical characteristics (height, weight, race, eye and
hair color, photographs, fingerprints);
Government-issued identification information (i.e.,
passport, driver's license):
[cir] Document type,
[cir] issuing organization,
[cir] document number, and
[cir] expiration date;
Military membership;
Arrival/Departure information (record number, expiration
date, class of admission, etc.);
Federal Bureau of Investigation (FBI) Identification
Number;
Fingerprint Identification Number;
Immigration enforcement history, including arrests and
charges, immigration proceedings and appeals, and dispositions
including removals or voluntary departures;
Immigration status;
Family history;
Travel history;
Education history;
Employment history;
Criminal history;
Professional accreditation information;
Medical information relevant to an individual's
application for benefits under the INA before DHS or the immigration
court, an individual's removability from and/or admissibility to the
United States, or an individual's competency before the immigration
court;
Specific benefit eligibility information as required by
the benefit being sought; and
Video or transcript of immigration interview.
B. EDMS maintains the electronic copy of the A-File (same
information as above with the exception of material that cannot be
scanned such as cassette tapes, CDs, or DVDs) if it was scanned from
the paper file.
C. CIS contains information on those individuals who during their
interactions with DHS have been assigned an A-Number. The system
contains biographic information on those individuals, allowing DHS
employees to quickly review the individual's immigration status. The
information in the system can then be used to retrieve additional
information on the individual from other systems. The information in
the system can be used to request the hard copy A-File from the DHS
File Control Office that has custody of the file. Specific data
elements may include:
A-Number(s);
Full name and any aliases used;
SSN;
Date of birth;
Place of birth (city, state, and country);
Country of citizenship;
Gender;
Government issued identification information (i.e.,
passport, driver's license):
[cir] Document type,
[cir] issuing organization,
[cir] document number, and
[cir] expiration date;
Arrival/Departure information (record number, expiration
date, class of admission etc.);
Immigration status;
Father and Mother's first name;
FBI Identification Number;
Fingerprint Identification Number;
Immigration enforcement history, including arrests and
charges, immigration proceedings and appeals, and dispositions
including removals or voluntary departures; and
File Control Office location of the paper or electronic A-
File.
D. NFTS contains the location of the A-File to a more detailed
level within the DHS File Control Office. Specific data elements
include:
A-Number(s);
Receipt File Number; and
Location of the paper or electronic A-File and Receipt
File at and within the DHS File Control Office, as well as the history
of who has maintained the A-File, including the component, section, and
employee.
Authority for maintenance of the system:
Authority for maintaining this system is in Sections 103 and 290 of
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations
issued pursuant thereto; and Section 451 of the Homeland Security Act
of 2002 (Pub. L. 107-296), codified at 6 U.S.C. 271.
Purpose(s):
The purpose of the A-File is to facilitate the enforcement and
provision of benefits under the INA and related statutes. A-Files,
EDMS, CIS, and NFTS are used primarily by DHS employees for immigration
benefits processing, protection of national security, and administering
and enforcing immigration and nationality laws and related statutes.
The purpose of the A-File is to document an individual's benefits
and enforcement transactions as he/she passes through the U.S.
immigration and inspection process.
The purpose of CIS is to provide a searchable central index of A-
Files and to support the location and transfer of A-Files among DHS
personnel and offices as needed in support of immigration benefits and
enforcement actions.
The purpose of NFTS is to accurately account for the specific
physical location of A-Files and Receipt Files within a DHS File
Control Office, and to track the request and transfer of all A-Files
and Receipt Files.
These records assist DHS with processing applications for benefits
under applicable immigration laws; detecting violations of these laws;
supporting the referral of such violations for prosecution or other
appropriate enforcement action; supporting law enforcement efforts and
the inspection process; and supporting protection of the United States
borders.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Note: Even when a valid routine use permits disclosure of
information from this system of records to a third party, in some cases
such disclosure may not be permissible because of confidentiality laws
and policies that limit the sharing of information about the
application for, or award of certain immigration benefits. For example,
information in this system of records contained in or pertaining to
applications for asylum or refugee protection, information relating to
persons who have pending or approved petitions for protection under the
Violence Against Women Act (VAWA), Seasonal Agricultural Worker or
Legalization claims, the Temporary Protected Status of an individual,
and information relating to S, T, or U visas should not be disclosed
pursuant to a routine use unless disclosure is otherwise permissible
under the confidentiality statutes, regulations, or policies applicable
to that information. However, these confidentiality provisions do not
prevent DHS from disclosing information to the U.S. Department of
Justice and Offices of the United States Attorneys as part of an
ongoing criminal or civil investigation.
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 U. S. Attorneys'
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative
[[Page 69868]]
body, when it is necessary or relevant 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity when DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or General
Services Administration pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization, for the purpose of performing
audit or oversight operations as authorized by law, but only such
information as is necessary and relevant to such audit or oversight
function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to the security or integrity of
this system or other systems or programs (whether maintained by DHS or
another agency or entity) or harm to the individuals 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.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, territorial, 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.
H. To appropriate federal, state, tribal, local, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, when DHS believes the information would assist in enforcing
applicable civil or criminal laws.
I. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation.
J. 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.
K. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of granting or revoking naturalization.
L. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings before a court or adjudicative body when it is
necessary or relevant to the litigation or proceeding and the following
is a party to the proceeding or has an interest in the proceeding:
1. DHS or any component thereof; or
2. Any employee of DHS in his or her official capacity; or
3. Any employee of DHS in his or her individual capacity when the
DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
M. To an attorney or representative (as defined in 8 CFR 1.2) who
is acting on behalf of an individual covered by this system of records
in connection with any proceeding before USCIS, ICE, or CBP or the
Executive Office for Immigration Review, as required by law or as
deemed necessary in the discretion of the Department.
N. To DOJ (including Offices of the United States Attorneys) or
other federal agency conducting litigation or in proceedings before any
court, adjudicative, or administrative body, when necessary to assist
in the development of such agency's legal and/or policy position.
O. To the Department of State in the processing of petitions or
applications for benefits under the INA, and all other immigration and
nationality laws including treaties and reciprocal agreements; or when
the Department of State requires information to consider and/or provide
an informed response to a request for information from a foreign,
international, or intergovernmental agency, authority, or organization
about an alien or an enforcement operation with transnational
implications.
P. To appropriate federal, state, local, tribal, territorial, or
foreign governments, as well as to other individuals and organizations
during the course of an investigation by DHS or the processing of a
matter under DHS's jurisdiction, or during a proceeding within the
purview of the immigration and nationality laws, when DHS deems that
such disclosure is necessary to carry out its functions and statutory
mandates.
Q. To an appropriate federal, state, tribal, territorial, local, or
foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence, whether civil or criminal, or charged with investigating,
prosecuting, enforcing, or implementing civil or criminal laws, related
rules, regulations, or orders, to enable these entities to carry out
their law enforcement responsibilities, including the collection of law
enforcement intelligence and the disclosure is appropriate to the
proper performance of the official duties of the person receiving the
information.
R. To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant 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.
S. To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, 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
[[Page 69869]]
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.
T. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to, or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk.
U. To an individual's current employer to the extent necessary to
determine employment eligibility or to a prospective employer or
government agency to verify whether an individual is eligible for a
government-issued credential that is a condition of employment.
V. To a former employee of DHS, in accordance with applicable
regulations, for purposes of: responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be 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.
W. To the Office of Management and Budget 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.
X. To the U.S. Senate Committee on the Judiciary or the U.S. House
of Representatives Committee on the Judiciary when necessary to inform
members of Congress about an alien who is being considered for private
immigration relief.
Y. To a federal, state, tribal, or local government agency and/or
to domestic courts to assist such agencies in collecting the repayment
of loans, or fraudulently or erroneously secured benefits, grants, or
other debts owed to them or to the United States Government, or to
obtain information that may assist DHS in collecting debts owed to the
United States Government.
Z. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for an alien, to
aid the individual or entity in (1) identifying the location of the
alien; (2) posting the bond; (3) obtaining payments related to the
bond; or (4) conducting other administrative or financial management
activities related to the bond.
AA. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
BB. Consistent with the requirements of the INA, to the Department
of Health and Human Services (HHS), the Centers for Disease Control and
Prevention (CDC), or to any state or local health authorities, to:
1. Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving aliens and
of those requesting status as lawful permanent residents; and
2. Ensure that all health issues potentially affecting public
health and safety in the United States are being or have been,
adequately addressed.
CC. To a federal, state, local, tribal, or territorial government
agency 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.
DD. To the Social Security Administration (SSA) for the purpose of
issuing a SSN and card to an alien who has made a request for a SSN as
part of the immigration process and in accordance with any related
agreements in effect between the SSA, DHS, and the Department of State
entered into pursuant to 20 CFR 422.103(b)(3), 422.103(c)(3), and
422.106(a), or other relevant laws and regulations.
EE. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when such use is to conduct national intelligence and
security investigations or assist in anti-terrorism efforts.
FF. 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 or continuing medical care
for the individual.
GG. To an appropriate domestic government agency or other
appropriate authority for the purpose of providing information about an
individual who has been or is about to be released from DHS custody
who, due to a condition such as mental illness, may pose a health or
safety risk to himself/herself or to the community. DHS will only
disclose information about the individual that is relevant to the
health or safety risk they may pose and/or the means to mitigate that
risk (e.g., the individual's need to remain on certain medication for a
serious mental health condition).
HH. To foreign governments for the purpose of coordinating and
conducting the removal of individuals to other nations under the INA;
and to international, foreign, and intergovernmental agencies,
authorities, and organizations in accordance with law and formal or
informal international arrangements.
II. To a federal, state, local, territorial, tribal, international,
or foreign criminal, civil, or regulatory law enforcement authority
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.
JJ. To the DOJ Federal Bureau of Prisons and other federal, state,
local, territorial, tribal, and foreign law enforcement or custodial
agencies for the purpose of placing an immigration detainer on an
individual in that agency's custody, or to facilitate the transfer of
custody of an individual from DHS to the other agency. This will
include the transfer of information about unaccompanied minor children
to HHS to facilitate the custodial transfer of such children from DHS
to HHS.
KK. 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 alien
from the United States, in order to facilitate the recipients' exercise
of responsibilities pertaining to the custody, care, or legal rights
(including issuance of a U.S. passport) of the removed individual's
minor children, or the adjudication or collection of child support
payments or other debts owed by the removed individual.
LL. To a federal, state, tribal, territorial, local, international,
or foreign government agency or multilateral governmental organization
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) for
the purpose of verifying
[[Page 69870]]
the identity of an individual seeking redress in connection with the
operations of a DHS component or program; or (3) for the purpose of
verifying the accuracy of information submitted by an individual who
has requested such redress on behalf of another individual.
MM. 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 the
Department of Homeland Security or Executive Office for Immigration
Review following verification of a familial or agency relationship with
an alien when DHS is aware of indicia of incompetency or when an
immigration judge determines an alien is mentally incompetent.
NN. 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
OO. To domestic governmental agencies seeking to determine the
immigration status of persons who have applied to purchase/obtain a
firearm in the United States, pursuant to checks conducted on such
persons under the Brady Handgun Violence Prevention Act or other
applicable laws.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Digitized A-Files maintained in EDMS can be searched and retrieved
by any of the following fields alone or in any combination:
A-Number;
Last name;
First name;
Middle name;
Aliases;
Date of birth;
Country of birth;
Gender; and
Through a full text-based search of records contained in
the digitized A-File (based on optical character recognition of the
scanned images).
The location of the paper record from which the digitized A-File
was produced can be searched in CIS using the following data:
A-Number;
Full name;
Alias;
Sounds-like name with or without date of birth;
Certificate of Citizenship or Naturalization Certificate
number;
Driver's License Number;
FBI Identification Number;
Fingerprint Identification Number;
I-94 admission number;
Passport number;
SSN; or
Travel document number.
The location of the paper or digitized record A-Files and Receipt
Files can be searched in NFTS using the following data:
A-Number; or
Receipt 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.
Retention and disposal:
The A-File records are permanent whether hard copy or electronic.
A-Files are transferred to the custody of the National Archives 100
years after the individual's date of birth. Newly-eligible files are
transferred to the National Archives every five years. When a paper A-
File is digitized, the digitized A-File maintained in EDMS becomes the
official record and maintains the same retention schedule as the
original paper A-File. The hard copy files are sent to the records
center once the records have been digitized.
CIS records are permanently retained on-site because they are the
index of where the physical A-File is and whether it has been
transferred to the National Archives.
NFTS records are temporary and deleted when they are no longer
needed for agency business. The records exist only as a reference to a
physical or digital file, and exist for as long as the referenced file
exists. NFTS records associated with an A-File will be retained on a
permanent basis even after the A-File has been retired to NARA to
retain accurate recordkeeping. Receipt Files with a shorter retention
period will have the associated NFTS record destroyed or deleted once
the file has been destroyed.
System Manager and address:
The DHS system manager is the Chief, Records Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
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 it contains classified and sensitive unclassified information
related to intelligence, counterterrorism, homeland security, and law
enforcement programs. These exemptions apply only to the extent that
records in the system are subject to exemption. However, USCIS will
consider individual requests to determine whether or not information
may be released. 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 USCIS FOIA Officer,
whose contact information can be found at http://www.dhs.gov/foia under
``Contacts.'' When seeking records about yourself from this system of
records or any other DHS 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. Sec. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you may obtain forms for this purpose from the Chief
Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain why you believe DHS would have information on you;
[[Page 69871]]
Identify which component(s) of DHS you believe may have
the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Basic information contained in DHS records is supplied by
individuals on Department of State and DHS applications and forms.
Other information comes from inquiries or complaints from members of
the general public and members of Congress; referrals of inquiries or
complaints directed to the President or Secretary of Homeland Security;
reports of investigations, sworn statements, correspondence, official
reports, memoranda, and written referrals from other entities,
including federal, state, and local governments, various courts and
regulatory agencies, foreign government agencies, and international
organizations.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2): 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12), (f), (g)(1),
and (h). Additionally, the Secretary of Homeland Security has exempted
this system from the following provisions of the Privacy Act pursuant
to 5 U.S.C. 552a(k)(1) and (k)(2); 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
Dated: October 28, 2013.
Jonathan R. Cantor,
Deputy Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-27895 Filed 11-20-13; 8:45 am]
BILLING CODE 9111-97-P
DHS-USCIS-007 – Benefits Information System
[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56596-56600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22802]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0091]
Privacy Act of 1974; United States Citizenship and Immigration
Services Benefits Information System
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October
17, 2002), Justice/INS-031 Redesigned Naturalization Application
Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-
033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest
System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of
Homeland Security/United States Citizenship and Immigration Services
system of records notice titled, United States Citizenship and
Immigration Services Benefits Information System. Categories of
individuals, categories of records, and the routine uses of these
legacy system of records notices have been
[[Page 56597]]
consolidated and updated to better reflect the Department's immigration
petition and application information record systems. This system will
be included in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0091 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to 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:
Donald Hawkins (202-272-8000), USCIS Privacy Officer, 20 Massachusetts
Avenue, NW., Washington, DC 20529. For privacy issues, please contact:
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act system of records
notices for the maintenance of records that concern DHS/United States
Citizenship and Immigration Services (USCIS) immigration application
information record systems. As part of its mission, DHS implements
United States immigration law and policy through the USCIS processing
and adjudication of applications and petitions submitted for
naturalization, request for lawful permanent residence, asylum, refugee
status, and other immigrant and non immigrant benefits. USCIS also
supports national security by preventing individuals from fraudulently
obtaining immigration benefits and by denying applications submitted by
individuals who pose national security or public safety threats.
USCIS receives and adjudicates petitions and applications for all
United States immigrant and non immigrant benefits. This SORN covers
the USCIS computer systems associated with processing all immigrant and
non immigrant benefits applications and petitions except asylum, and
refugee status. The following major computer systems maintain
information covered by this SORN: CLAIMS 3, CLAIMS 4, the Redesigned
Naturalization Application Casework System (RNACS); the Citizenship and
Immigration Services Centralized Oracle Repository (CISCOR), the
Interim Case Management System (ICMS), Integrated Voice Response System
(IVRS), and the Integrated Card Production System (ICPS). These systems
are referred to as the ``Benefits Information Systems'' throughout the
remainder of this document.
System Information Use and Collection
Information in Benefits Information Systems includes information
provided by the individual on the application and/or petition for an
immigration benefits and non-immigrant benefits, and varies depending
on the benefit. Additionally, these systems collect DHS transactional
data that indicates which steps of the adjudication process have been
completed such as an appointment to submit biometrics for a background
check, other pending benefits, and/or whether the applicant is
suspected of fraudulent activity that could bear on fitness or
eligibility for the requested benefits.
Benefits Information Systems share information with many government
systems internal and external to DHS. All information sharing is
conducted within the parameters of existing Privacy Act of 1974 routine
sharing requirements. All sharing is related to the purposes for which
the information was originally collected.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to consolidate three legacy record systems: Justice/
INS-013 INS Computer Linked Application Information Management System
(CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned
Naturalization Application Casework System (RNACS) (67 FR 20996 April
29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker
Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001)
into one DHS/USCIS system of records notice titled, United States
Citizenship and Immigration Services Benefits Information System.
Categories of individuals, categories of records, and the routine uses
of these legacy system of records notices have been consolidated and
updated to better reflect DHS/USCIS's immigration application
information record systems. This system will be included in the DHS's
inventory of record systems.
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 legal permanent residents. As a matter of policy, DHS
extends administrative Privacy Act protections to all individuals where
the 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 of
information 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
individuals to more easily find such files within the agency. Below is
the description of the Benefits Information Systems 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 (OMB) and
to Congress.
System of Records:
DHS/USCIS-007
[[Page 56598]]
System Name:
United States Citizenship and Immigration Services Benefits
Information System
Security Classification:
Unclassified.
System Location:
Records are maintained at the United States Citizenship and
Immigration Services Headquarters in Washington, DC and in field
offices.
Categories of Individuals Covered by the System:
Categories of individuals covered by this system include persons
who have filed (for themselves or on the behalf of others) applications
or petitions for immigration benefits (other than asylum and refugee)
under the Immigration and Nationality Act, as amended, and/or who have
submitted fee payments or received refunds from such applications or
petitions; current, former and potential (e.g., fianc[eacute]) family
members of applicants/petitioners; persons who complete immigration
forms for applicants and petitioners (e.g., attorneys, form preparers);
name of applicant's employer; and individuals who seek access to
records retained in the Benefits Information System under the Freedom
of Information/Privacy Acts (FOIA/PA).
Categories of Records in the System:
Categories of records in this system include:
Individual's name;
Social Security Number (if applicable);
A-Number (if applicable);
Addresses;
Telephone numbers;
Birth and death information;
Citizenship or nationality;
Immigration status;
Marital and family status;
Personal characteristics (e.g., height and weight);
Records regarding tax payment and financial matters;
Records regarding employment;
Medical records;
Military and Selective Service records;
Records regarding organization membership or affiliation;
Biometric and other information collected to conduct
background checks;
DHS issued card serial numbers;
Records regarding criminal history and other background
check information; and
Case processing information such as date applications were
filed or received by USCIS; application/petition status, location of
record, FOIA/PA or other control number when applicable, and fee
receipt data.
Authority for Maintenance of the System:
8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.
Purpose(s):
The purpose of this system is to assist in the automated processing
of immigrant and nonimmigrant benefit petitions and applications. Both
investigative and administrative records are maintained in this system
to permit DHS/USCIS to function efficiently. Reports are also generated
from the data within the system of records. This system of records
notice enables DHS/USCIS to provide automated support to process
applications and/or petitions for benefits; determine the status of
pending applications and/or petitions for benefits; account for and
control the receipt and disposition of any fees and refunds collected;
conduct searches pursuant to FOIA and Privacy Act requests; and locate
related physical and automated files to support DHS/USCIS responses to
inquiries about these records.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records 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.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, 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 clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization and
to enable such courts to determine eligibility for naturalization or
grounds for revocation of naturalization.
I. To the Department of State for the purpose of assisting in the
processing of petitions or applications for benefits
[[Page 56599]]
under the Immigration and Nationality Act, and all other immigration
and nationality laws including treaties and reciprocal agreements.
J. To appropriate Federal, State, tribal, and local government law
enforcement and regulatory agencies, foreign governments, and
international organizations, for example: The Department of Defense;
the Department of State; the Department of the Treasury; the Central
Intelligence Agency; the Selective Service System; the United Nations;
and the International Criminal Police Organization (INTERPOL); as well
as to other individuals and organizations during the course of an
investigation by DHS or the processing of a matter under DHS's
jurisdiction, or during a proceeding within the purview of the
immigration and nationality laws, when DHS deems that such disclosure
is necessary to carry out its functions and statutory mandates to
elicit information required by DHS to carry out its functions and
statutory mandates.
K. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance 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 and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
L. To the Office of Management and Budget 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.
M. To an attorney or representative (as defined in 8 CFR 1.1(j))
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before DHS/USCIS or the
Executive Office for Immigration Review.
N. To a Federal, State, tribal, or local government agency to
assist such agencies in collecting the repayment of loans, or
fraudulently or erroneously secured benefits, grants, or other debts
owed to them or to the United States Government, or to obtain
information that may assist USCIS in collecting debts owed to the
United States Government; to a foreign government to assist such
government in collecting the repayment of loans, or fraudulently or
erroneously secured benefits, grants, or other debts owed to it
provided that the foreign government in question:
1. Provides sufficient documentation to establish the validity of
the stated purpose of its request; and
2. Provides similar information to the United States upon request.
O. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
P. Consistent with the requirements of the Immigration and
Nationality Act, to the Department of Health and Human Services (HHS),
the Centers for Disease Control and Prevention (CDC), or to any State
or local health authorities, to:
1. Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving aliens and
of those requesting status as a lawful permanent resident; and
2. To ensure that all health issues potentially affecting public
health and safety in the United States are being or have been,
adequately addressed.
Q. To a Federal, State or local government agency 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.
R. To the Social Security Administration (SSA) for the purpose of
issuing a Social Security number and card to an alien who has made a
request for a Social Security number as part of the immigration process
and in accordance with any related agreements in effect between the
SSA, DHS and the Department of State entered into pursuant to 20 CFR
422.103(b)(3); 422.103(c); and 422.106(a), or other relevant laws and
regulations.
S. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
T. To an individual's prospective or current employer to the extent
necessary to determine employment eligibility.
U. To a Federal, State, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, or Executive Order.
V. To a Federal agency, where appropriate, 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.
W. 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to Consumer Reporting Agencies:
Through the Debt Management Center (DMC) at DHS, Benefits
Information Systems information may be shared with credit reporting
agencies. The primary mission of the DMC is to collect debts resulting
from an individual's participation in DHS benefits programs. Benefits
Information Systems share information with the DMC regarding fees
charged during various application processes to ensure collection of
debts.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name and address,
telephone numbers, birth and death information, A-Number, Social
Security Number (SSN), records regarding citizenship, records regarding
immigration status, marital and family status, personal characteristics
(e.g., height and weight), records regarding tax payment and financial
matters, records regarding employment, medical records, military and
Selective Service records, records regarding organization
[[Page 56600]]
membership or affiliation, biometric and other information collected to
issue immigration cards evidencing receipt of immigration benefits and
to conduct background checks and necessary to determine the existence
of criminal history or other history necessary to make immigration
decisions. Records in the system may also include case processing
information such as date applications were filed or received by USCIS,
application/petition status, location of record, FOIA/PA or other
control number when applicable, and fee receipt data, and by
application/petition receipt number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
system security 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:
Electronic benefits information is archived and disposed of in
accordance with the criteria approved by NARA. Electronic data
pertaining to applications for naturalization will be deleted 15 years
after the processing of the benefit being sought is completed.
Information in the master file is destroyed 15 years after the last
completed action with respect to the application. System documentation
(e.g., manuals) are destroyed when the system is superseded, obsolete,
or no longer needed for agency business.
Electronic records extracted from immigrant and nonimmigrant
benefits applications and petitions other than naturalization, asylum,
or refugee status completed by applicants or petitioners is destroyed
after the data is transferred to the electronic master file and
verified. Information in the master file is destroyed 15 years after
the last completed action with respect to the application. Daily
reports generated by associated information technology systems are
maintained for 15 years by the service center that generated the
reports and then destroyed.
System Manager(s) and Address:
The system manager is the Director, Office of Records Services,
Department of Homeland Security, 111 Massachusetts Avenue, NW., Second
Floor, Washington, DC 20529.
Notification Procedures:
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 National Records Center, FOIA/PA
Office, P.O. Box 648010, Lee's Summit, MO 64064-8010. Specific FOIA
contact information can be found at http://www.dhs.gov/foia under
``Contacts.''
When seeking records about yourself from this system of records or
any other USCIS 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
or 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,
Specify when you believe the records would have been
created,
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, USCIS will 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:
Information contained in this system of records is obtained from
the individuals covered by the system.
Exemptions Claimed for the System:
None.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-22802 Filed 9-26-08; 8:45 am]
BILLING CODE 4410-10-P
DHS/USCIS-010 - Asylum Information and Pre-Screening
[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 409-412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31267]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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,
[[Page 411]]
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.
[[Page 412]]
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]
BILLING CODE 9111-97-P
DHS/USCIS-015 - Electronic Immigration System-2 Account and Case Management System of Records
[Federal Register Volume 78, Number 66 (Friday, April 5, 2013)]
[Notices]
[Pages 20673-20680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07725]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0026]
Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services-015 Electronic Immigration System-
2 Account and Case Management System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services-015 Electronic
Immigration System-2 Account and Case Management System of Records.''
This system of records allows the Department of Homeland Security/U.S.
Citizenship and Immigration Services to: collect and maintain records
on an individual after that individual submits a benefit request and/or
creates or updates a U.S. Citizenship and Immigration Services
Electronic Immigration System account; gather any missing information;
manage workflow; assist U.S. Citizenship and Immigration Services in
making a benefit determination; and provide a repository of data to
assist with the efficient processing of future benefit requests. U.S.
Citizenship and Immigration Services Electronic Immigration System-2
Account and Case Management will also be used to process and track all
actions related to a particular case, including scheduling of
biometrics appointments and interviews, requests for evidence or
additional information, and issuing decision notices and/or proofs of
benefit. This notice updates this system of records to (1) include
additions to the categories of individuals and categories of records,
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete
routine use ``S,'' and (4) reflect a reduced retention period for
attorney and accredited representative accounts. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notices. The exemptions for the
existing system of records notice will continue to be applicable for
this system of records notice. Additionally, this system will continue
to be included in the Department of Homeland Security's inventory of
record systems.
Dates and Comments: Submit comments on or before May 6, 2013. In
particular, DHS requests comments concerning the application of the
exemptions to the newly added categories of individuals and category of
records. This updated system will be effective May 6, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0026 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
[[Page 20674]]
Donald K. Hawkins, (202) 272-8000, Privacy Officer, U.S. Citizenship
and Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. For privacy questions, please contact: Jonathan R. Cantor, (202)
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to update and reissue a current DHS system of
records titled, ``DHS/USCIS-015 Electronic Immigration System-2 Account
and Case Management System of Records'' (November 15, 2011, 76 FR
70739).
USCIS is the component of DHS that oversees immigration benefit
requests from foreign nationals seeking to enter, be admitted to, or
currently residing in the United States. USCIS transformed its
operations and created a new electronic environment known as USCIS
Electronic Immigration System (USCIS ELIS), which allows individuals
requesting USCIS benefits to create immigration accounts online and
submit certain benefit requests.
Applicants and petitioners (Applicants); co-applicants,
beneficiaries, derivatives, dependents, or other persons on whose
behalf a benefit request is made or whose immigration status may be
derived because of a relationship to an Applicant (Co-Applicants); and/
or their attorneys and representatives recognized by USCIS and/or
accredited by the Board of Immigration Appeals (Representatives) may
create individualized online accounts. These online accounts help
Applicants and their Representatives file for benefits, track the
status of open benefit requests, schedule appointments, change their
addresses and contact information, and receive notices and
notifications regarding their cases. Through USCIS ELIS, individuals
also may submit evidence electronically.
USCIS ELIS uses information provided on initial and subsequent
benefit requests and subsequent information collections through the
USCIS ELIS Account and Case Management process to create or update
USCIS ELIS accounts; collect any missing information; manage workflow;
assist USCIS adjudicators as they make benefit determinations; and
provide a repository of data to assist with future benefit requests. In
addition, USCIS ELIS processes and tracks all actions related to the
case, including scheduling biometrics appointments and interviews,
requesting evidence or additional information, and issuing decision
notices and/or proofs of benefit.
This system of records is being updated and reissued to (1) include
additions to the categories of individuals and categories of records,
(2) clarify routine uses ``A,'' ``H,'' ``L,'' and ``M,'' (3) delete
routine use ``S,'' and (4) reflect a reduced retention period for
attorney and accredited representative accounts.
Categories of individuals are being updated to include Interpreters
and Sponsors to better reflect the ways USCIS ELIS captures data and to
include data to be collected as additional benefit types are
incorporated into USCIS ELIS. Categories of records for Applicants and
Co-Applicants are being updated to include:
U.S. County;
Fax Numbers;
Notices and Communications;
Other Immigration-Related Identification Numbers
including:
[cir] Immigration and Customs Enforcement (ICE) Student and
Exchange Visitor Number; and
[cir] USCIS E-Verify Company Identification Number;
Tax Records;
Travel History;
Professional Accreditation Information; and
Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
Categories of records for Representatives are being updated to
include Signature.
Categories of Records for Interpreters are being added and include:
Name;
Organization;
Physical and Mailing Addresses;
Email Address;
Phone and Fax Numbers;
Relationship to Applicant;
Whether Interpreters are Paid/Not Paid;
Business State ID Number; and
Signature.
Categories of records for Preparers are being updated to include:
Whether Preparers or Interpreters are Paid/Not Paid;
Business State ID Number; and
Signature.
Categories of records about Sponsors are being added and include:
Full Name;
Gender;
Physical and Mailing Addresses;
Phone and Fax Numbers;
Country of Domicile;
Date of Birth;
Place of Birth;
Citizenship Information;
Social Security Number (SSN);
Alien Registration Number (A-Number);
Employment Information;
Financial Information;
Position and Relationship to an Organization;
Family Relationships and Relationship Practices; and
Signature.
This updated notice clarifies the following routine uses. Routine
use ``A'' has been updated to correct a grammatical error. Routine use
``H'' has been updated to clarify under which circumstances USCIS would
release records to clerks and judges of courts exercising
naturalization jurisdiction. Routine use ``L'' has been updated to read
``requests'' instead of ``petitions or applications.'' Routine use
``M'' has been updated to correct a typographical error. One routine
use listed in the previous notice is omitted in this update. Previous
routine use ``S,'' which provided disclosure to certain members of
Congress, was deleted because it was duplicative to existing
authorization to disclose records under 5 U.S.C. 552a(b)(9). Finally,
this updated notice includes a note explaining that confidentiality
laws and policies may limit the sharing of some information that may
otherwise be shared under a valid routine use.
This updated notice also presents a different retention period for
information about attorneys and accredited representatives. USCIS will
propose to the National Archive and Records Administration that USCIS
ELIS accounts for attorneys and accredited representatives be retained
for 7 years, 6 months.
Information in this system comes from the USCIS Electronic
Immigration System-1 (USCIS ELIS Temporary Accounts and Draft Benefit
Requests), which stores draft account and case information from
Applicants and their Representatives. Once that draft information is
signed and formally submitted with payment to USCIS, it becomes part of
this USCIS Electronic Immigration System-2 (USCIS ELIS Account and Case
Management). Results from USCIS Electronic Immigration System-3
Automated Background Functions (USCIS ELIS Automated Background
Functions) will also be stored in the individual's USCIS ELIS account
and/or case. This includes information from other USCIS, DHS, and
federal government systems to confirm identity, determine eligibility,
[[Page 20675]]
and perform background checks. This USCIS ELIS Account and Case
Management system may store information from other DHS systems
including: DHS/USCIS/ICE/CBP (U.S. Customs and Border Patrol)-001 Alien
File, Index, and National File Tracking System of Records; DHS/USCIS-
006 Fraud Detection and National Security Data System (FDNS-DS); DHS/
USCIS-007 Benefits Information System (BIS); DHS/USCIS-010 Asylum
Information and Pre-Screening; DHS/USCIS-014 Electronic Immigration
System-1 Temporary Accounts and Draft Benefit Requests System of
Records (USCIS ELIS-1); DHS/USCIS-016 Electronic Immigration System-3
Automated Background Functions System of Records (USCIS ELIS-3); DHS/
CBP-011--U.S. Customs and Border Protection TECS; DHS/ICE-001 Student
and Exchange Visitor Information System (SEVIS); DHS/ICE-011
Immigration Enforcement Operational Records System (ENFORCE); DHS/
USVISIT (United States Visitor and Immigrant Status Indicator
Technology)-001 Arrival and Departure Information System (ADIS); and
DHS/USVISIT-004 DHS Automated Biometric Identification System (IDENT).
Furthermore, USCIS ELIS Account and Case Management may store
information from systems outside of DHS, including: Overseas Citizens
Services Records, STATE-05; Passport Records, STATE-26; Visa Records,
STATE-39; JUSTICE/EOIR (Department of Justice, Executive Office for
Immigration Review)-001 Records and Management Information System;
JUSTICE/FBI (Department of Justice, Federal Bureau of Investigations)-
002 FBI Central Records System; JUSTICE/FBI-009 Fingerprint
Identification Records System (FIRS); and TREASURY/FMS (Department of
Treasury, Financial Management Service)-017 Collections Records.
USCIS ensures that all USCIS ELIS employees receive training and
agree to USCIS-wide system rules of behavior before being granted
access. USCIS provides security awareness training to all information
system users (including managers, senior executives, and contractors)
as part of initial training for new users, when required by system
changes, and annually thereafter. DHS personnel and contractors with
significant security responsibilities (e.g., adjudicators and system
administrators) initially receive specialized training on USCIS ELIS
functionality that is specific to their security responsibilities prior
to being granted access to DHS systems. Thereafter, DHS personnel and
contractors must complete annual refresher training.
USCIS collects, uses, and maintains account and case management
information pursuant to Sections 103 and 290 of the INA (8 U.S.C. 1103
and 1360), and the regulations issued pursuant thereto; and Section 451
of the Homeland Security Act of 2002 (Pub. L. 107-296).
Consistent with DHS's information sharing mission, information
stored in the DHS/USCIS-015 Electronic Immigration Services-2 Account
and Case Management, 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, information may be shared 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.
Additionally, DHS has issued a Final Rule, 76 FR 70638, to exempt
this system of records from certain provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). The exemptions for the existing system
of records notice will continue to be applicable for this system of
records notice. DHS is requesting comments concerning the application
of the exemptions to the newly added categories of individuals and
category of records.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCIS-015 Electronic
Immigration System-2 Account and Case Management 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 (OMB) and
to Congress.
System of Records
DHS/USCIS-015
System name:
DHS/USCIS-015 Electronic Immigration System-2 Account and Case
Management System of Records
Security classification:
Unclassified, sensitive, for official use only, and/or law
enforcement sensitive.
System location:
Records are maintained in USCIS ELIS and associated electronic and
paper files located at USCIS Headquarters in Washington, DC and in
USCIS service centers and field offices.
Categories of individuals covered by the system:
USCIS ELIS Account and Case Management stores and/or uses
information about individuals who request and/or receive immigration
benefits under the INA. These individuals include: applicants and
petitioners (Applicants); co-applicants, beneficiaries, derivatives,
dependents, or other persons on whose behalf a benefit request is made
or whose immigration status may be derived because of a relationship to
an Applicant (Co-Applicants); members of organizations petitioning for
benefits under the INA on behalf of, or contributing to, the financial
support of an Applicant or Co-Applicant (Sponsors); attorneys and
representatives recognized by USCIS and/or accredited by the Board of
Immigration Appeals (Representatives); Interpreters; and individuals
who assist in the preparation of the benefit request (Preparers).
Categories of records in the system:
Account information about Applicants and Co-Applicants may include:
USCIS ELIS Account Number;
A-Number(s);
Family Name;
Given Name;
Middle Name;
Alias(es);
Physical and Mailing Address(es):
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
[[Page 20676]]
Date of Birth;
Deceased Date;
Nationality;
Country of Citizenship;
City of Birth;
State of Birth;
Province of Birth;
Country of Birth;
Gender;
Marital Status;
Military Status;
Preferred Contact Method;
Phone and Fax Numbers;
Phone Extension;
Email Address;
Password;
Challenge Questions and Answers;
Immigration Status;
Government-issued Identification (e.g., passport, driver's
license):
[cir] Document Type
[cir] Issuing Organization
[cir] Document Number
[cir] Expiration Date
Benefit Requested;
Notices and Communications, including:
[cir] Receipt Notices
[cir] Requests for Evidence
[cir] Notices of Intent to Deny
[cir] Account Update Notifications
[cir] Proofs of Benefit
o Statements of Findings
Signature (electronic or scanned physical signature);
Pay.gov Payment Tracking Number;
IP Address and Browser Information as part of the E-
Signature;
USCIS ELIS Case Submission Confirmation Number.
Benefit-specific eligibility information about Applicants and Co-
Applicants may include:
Other Immigration-Related Identification Numbers (e.g.,
DOS-Issued Personal Identification Number, ICE Student and Exchange
Visitor Number, USCIS E-Verify Company Identification Number);
Arrival/Departure Information;
Immigration History (e.g., citizenship/naturalization
certificate number, removals, explanations);
Family Relationships (e.g., parent, spouse, sibling,
child, other dependents) and Relationship Practices (e.g., polygamy,
custody, guardianship);
USCIS Receipt/Case Number;
Personal Background Information (e.g., involvement with
national security threats, criminal offenses, Communist party, torture,
genocide, killing, injuring, forced sexual contact, limiting or denying
others religious beliefs, service in military or other armed groups,
work in penal or detention systems, weapons distribution, combat
training);
Health Information (e.g., vaccinations, referrals,
communicable diseases, physical or mental disorders, prostitution, drug
or alcohol abuse);
Travel History;
Education History;
Work History;
Professional Accreditation Information;
Financial Information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
SSN, if applicable;
Supporting documentation as necessary (e.g., birth,
marriage, and/or divorce certificates, appeals or motions to reopen or
reconsider decisions, explanatory statements, and unsolicited
information submitted voluntarily by the Applicants or Co-Applicants in
support of a benefit request);
Physical Description (e.g., height, weight, eye color,
hair color, identifying marks like tattoos or birthmarks);
Fingerprint(s);
Photographs;
FBI Identification Number;
Fingerprint Identification Number;
Criminal Records;
Criminal and National Security Background Check
Information;
Relationships to Sponsors, Representatives, Preparers, Co-
Applicants, and other Applicants.
Information about Sponsors may include:
Full Name;
Gender;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Phone and Fax Numbers;
Country of Domicile;
Date of Birth;
City of Birth;
State of Birth;
Province of Birth;
Country of Birth;
Citizenship Information;
SSN;
A-Number;
Employment Information;
Financial Information (e.g., income, expenses,
scholarships, savings, assets, property, financial support, supporter
information, life insurance, debts, encumbrances, tax records);
Position and Relationship to an Organization (e.g.,
manager of a company seeking formal recognition by USCIS);
Family Relationships (e.g., parent, spouse, sibling,
child, other dependents) and Relationship Practices (e.g., polygamy,
custody, guardianship);
Signature (electronic or scanned physical signature).
Information about Representatives may include:
Name;
Law Firm/Recognized Organization;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Phone and Fax Numbers;
Email Address;
Attorney Bar Card Number or Equivalent;
Bar Membership;
Accreditation Date;
Board of Immigration Appeals Representative Accreditation;
Expiration Date;
Law Practice Restriction Explanation;
Signature (electronic or scanned physical signature);
Information about Preparers and Interpreters may include:
Full Name;
Organization;
Business State ID Number;
Physical and Mailing Addresses:
[cir] Address
[cir] Unit Number
[cir] City
[cir] State
[cir] ZIP Code
[cir] Postal Code
[cir] U.S. County
[cir] Province
[cir] Country
Email Address;
Phone and Fax Numbers;
Paid/Not Paid (i.e., whether the Preparer or Interpreter
was paid for assisting the Applicant or Sponsor in completing or
submitting the benefit request);
Relationship to Applicant;
Signature (electronic or scanned physical signature).
Authority for maintenance of the system:
Authority for maintaining this system is in Sections 103 and 290 of
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations
issued pursuant thereto; and Section 451 of the Homeland Security Act
of 2002 (Pub. L. 107-296).
Purpose(s):
The purpose of this system is to manage USCIS ELIS on-line
applicant,
[[Page 20677]]
representative, and organizational accounts; gather information related
to a benefit request; manage workflow; generate reports; assist USCIS
adjudicators in making a benefit determination; and provide a
repository of data to assist with future benefit requests. In addition,
the USCIS ELIS Account and Case Management process will be used to
process and track all actions related to the case, including scheduling
of biometrics appointments and interviews, requesting evidence or
additional information, and issuing decision notices and/or proofs of
benefit.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Note: Even when a valid routine use permits disclosure of
information from this system of records to a third party, in some
cases such disclosure may not be permissible because of
confidentiality laws and policies that limit the sharing of
information about the application for or award of certain
immigration benefits. For example, information in this system of
records contained in or pertaining to applications for asylum or
refugee protection, information relating to persons who have pending
or approved petitions for protection under the Violence Against
Women Act, Seasonal Agricultural Worker or Legalization claims, the
Temporary Protected Status of an individual, and information
relating to S, T, or U nonimmigrant visas should not be disclosed
pursuant to a routine use unless disclosure is otherwise permissible
under the confidentiality statutes, regulations, or policies
applicable to that information. These confidentiality provisions do
not prevent DHS from disclosing information to the U.S. Department
of Justice (DOJ) and U.S. Attorneys' Offices as part of an ongoing
criminal or civil investigation.
In addition to those disclosures generally permitted under 5 U.S.C.
Sec. 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. Sec. 552a(b)(3) as follows:
A. To DOJ, including U.S. Attorneys' Offices, or other federal
agencies conducting litigation or in proceedings before any court,
adjudicative or administrative body, when it is relevant or necessary
to the litigation and one of the following is a party to the litigation
or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, 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 clerks and judges of courts exercising naturalization
jurisdiction to review naturalization decisions, entertain requests for
hearings, or consider the revocation of naturalization, and to enable
those courts to determine whether a naturalization case should be
remanded to DHS, whether an individual is eligible for naturalization,
or if an individual previously granted naturalization should have
naturalization revoked.
I. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings before a court or adjudicative body when:
1. DHS or any component thereof; or
2. Any employee of DHS in his or her official capacity; or
3. Any employee of DHS in his or her individual capacity when the
agency 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; is a party to litigation or has
an interest in such litigation, and DHS determines that use of such
records is relevant and necessary to the litigation, and that in each
case, DHS determines that disclosure of the information to the
recipient is compatible with the purpose for which it was collected.
J. To an attorney or representative (as defined in 8 CFR 1.1(j))
who is acting on behalf of an individual covered by this system of
records in connection with any proceeding before USCIS, ICE, CBP, or
DOJ EOIR.
K. To DOJ (including United States Attorneys' Offices) or other
federal agencies conducting litigation or in proceedings before any
court, adjudicative, or administrative body, when necessary to assist
in the development of such agency's legal and/or policy position.
L. To DOS in the processing of requests for benefits under the INA,
and all other immigration and nationality laws including treaties and
reciprocal agreements; or when DOS requires information to consider
and/or provide an informed response to a request for information from a
foreign, international, or intergovernmental agency, authority, or
organization about an alien or an enforcement operation with
transnational implications.
M. To an appropriate federal, state, local, tribal, territorial, or
foreign government agency or organization, as well as to other
individuals and organizations during the course of an
[[Page 20678]]
investigation by DHS or the processing of a matter under DHS's
jurisdiction, or during a proceeding within the purview of the
immigration and nationality laws, when DHS deems that such disclosure
is necessary to carry out its functions and statutory mandates or to
elicit information required by DHS to carry out its functions and
statutory mandates.
N. To an appropriate federal, state, local, tribal, territorial, or
foreign government agency or organization, or international
organization, lawfully engaged in collecting law enforcement
intelligence, whether civil or criminal, or charged with investigating,
prosecuting, enforcing or implementing civil or criminal laws, related
rules, regulations or orders, to enable these entities to carry out
their law enforcement responsibilities, including the collection of law
enforcement intelligence, and the disclosure is appropriate to the
proper performance of the official duties of the person receiving the
information.
O. To an appropriate federal, state, local, tribal, territorial, or
foreign government agency or organization, or international
organization, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance 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.
P. To an individual's current employer to the extent necessary to
determine employment eligibility or to a prospective employer or
government agency to verify an individual is eligible for a government-
issued credential that is a condition of employment.
Q. To a former employee of DHS, in accordance with applicable
regulations, for purposes of: responding to an official inquiry by a
federal, state, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes when
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
R. 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.
S. To a federal, state, tribal, or local government agency and/or
to domestic courts to assist such agencies in collecting the repayment
of loans, or fraudulently or erroneously secured benefits, grants, or
other debts owed to them or to the U.S. Government, or to obtain
information that may assist DHS in collecting debts owed to the U.S.
Government.
T. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for an alien to aid
the individual or entity in (1) identifying the location of the alien,
or (2) posting the bond, obtaining payments related to the bond, or
conducting other administrative or financial management activities
related to the bond.
U. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime).
V. Consistent with the requirements of the INA, to the Department
of Health and Human Services (HHS), the Centers for Disease Control and
Prevention, or to any state or local health authorities, to:
1. Provide proper medical oversight of DHS-designated civil
surgeons who perform medical examinations of both arriving aliens and
of those requesting status as lawful permanent residents; and
2. Ensure that all health issues potentially affecting public
health and safety in the United States are being or have been
adequately addressed.
W. To a federal, state, local, tribal, or territorial government
agency 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.
X. To the Social Security Administration (SSA) for the purpose of
issuing a SSN and Social Security card to an alien who has made a
request for a SSN as part of the immigration process and in accordance
with any related agreements in effect between the SSA, DHS, and DOS
entered into pursuant to 20 CFR Sec. Sec. 422.103(b)(3); 422.103(c);
and 422.106(a), or other relevant laws and regulations.
Y. To federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to conduct national intelligence and
security investigations or assist in anti-terrorism efforts.
Z. 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 or continuing medical care
for the individual.
AA. To foreign governments for the purpose of coordinating and
conducting the removal of individuals to other nations under the INA;
and to international, foreign, and intergovernmental agencies,
authorities, and organizations in accordance with law and formal or
informal international arrangements.
BB. To a federal, state, local, territorial, tribal, international,
or foreign criminal, civil, or regulatory law enforcement authority
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.
CC. To the DOJ Federal Bureau of Prisons and other federal, state,
local, territorial, tribal, and foreign law enforcement or custodial
agencies for the purpose of placing an immigration detainer on an
individual in that agency's custody, or to facilitate the transfer of
custody of an individual from DHS to the other agency. This will
include the transfer of information about unaccompanied minor children
to HHS to facilitate the custodial transfer of such children from DHS
to HHS.
DD. 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 alien
from the United States, in order to facilitate the recipients' exercise
of responsibilities pertaining to the custody, care, or legal rights
(including issuance of a U.S. passport) of the removed individual's
minor children, or the adjudication or collection of child support
payments or other debts owed by the removed individual.
EE. To federal, state, tribal, territorial, local, international,
or foreign government agency or entity 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. For the purpose of verifying the identity of an individual
seeking redress
[[Page 20679]]
in connection with the operations of a DHS component or program; or
3. For the purpose of verifying the accuracy of information
submitted by an individual who has requested such redress on behalf of
another individual.
FF. To the Department of Treasury to process and resolve payment
issues.
GG. 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored 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/or digital media.
Retrievability:
Records may be retrieved by any of the data elements listed above
or a combination thereof.
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.
Retention and disposal:
USCIS is currently working with NARA to establish and publish the
proposed USCIS ELIS records retention schedules. USCIS currently plans
to retain all account information and supporting evidence for 100 years
after the account holder's date of birth, or 15 years from last action,
whichever is later. Permanent accounts (e.g., for applicants who
currently have A-files) and related case snapshots and supporting
evidence are permanent and will be transferred to the custody of NARA
100 years after the individual's date of birth. Non-immigrant case
information and supporting evidence will be stored for 15 years from
last action. Representative accounts will be stored for 7 years, 6
months from last action. U.S. citizen accounts and cases will be
archived internally after five years. All accounts and cases will be
put in an inactive status 15 years after last action.
Records that are linked to national security, law enforcement, or
fraud investigations or cases, will remain accessible for the life of
the related activity, to the extent retention for such purposes exceeds
the normal retention period for such data in USCIS ELIS. USCIS is
reviewing its needs for the information as it transitions to a fully
electronic environment and may amend its retention plans and schedules
as needed.
USCIS proposes that, in compliance with NARA General Records
Schedule 24, section 6, ``User Identification, Profiles,
Authorizations, and Password Files,'' internal USCIS personnel accounts
will be destroyed or deleted six years after the account is terminated,
or when no longer needed for investigative or security purposes,
whichever is later.
System Manager and address:
The DHS system manager is the Chief, Office of Transformation
Coordination, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 633 3rd Street NW., Washington, DC 20529.
Notification procedure:
Applicants may access and amend this information by logging into
their USCIS ELIS account. Individuals seeking notification of and
access to any record contained in this system of records, or seeking to
contest its content, may submit a request in writing to the National
Records Center (NRC) FOIA/PA Office, P.O. Box 648010, Lee's Summit, MO
64064-8010. NRC's contact information can be found at http://www.dhs.gov/foia under ``Contacts.'' If an individual believes that
more than one component maintains Privacy Act records concerning him or
her, the individual may submit the request to the Chief Privacy Officer
and Chief Freedom of Information Act Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR Part 5. You must
first verify your identity, meaning you must provide your full name,
current address, and date and place of birth. You must sign your
request, and your signature must be either notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and the 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 Applicant, the primary Applicant for
a Co-Applicant, Sponsor, his or her Representative, Preparer, or
Interpreter. USCIS personnel may input information as they process a
case, including information from commercial sources to verify whether
an Applicant or Co-Applicant is eligible for the benefit requested.
USCIS ELIS Account and Case Management will also store and use
information from the following USCIS, DHS, and other federal agency
systems of records:
DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File
Tracking
[[Page 20680]]
System of Records, 76 FR 34233 (June 13, 2011);
DHS/USCIS-007 Benefits Information System, 73 FR 56596
(September 29, 2008);
DHS/USCIS-010 Asylum Information and Pre-Screening, 75 FR
409 (January 5, 2010);
DHS/USCIS-006 Fraud Detection and National Security
Records (FDNS) 77 FR 47411 (August 8, 2012);
DHS/USCIS-014 Electronic Immigration System-1 Temporary
Accounts and Draft Benefit Requests System of Records, 76 FR 70730
(November 15, 2011);
DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records, 76 FR 70735 (November 15,
2011);
DHS/CBP-011 U.S. Customs and Border Protection TECS, 73 FR
77778 (December 19, 2008);
DHS/ICE-001 Student and Exchange Visitor Information
System, 75 FR 412 (January 5, 2010);
DHS/ICE-011 Immigration and Enforcement Operational
Records System (ENFORCE), 75 FR 23274 (May 3, 2010);
DHS/USVISIT-001 Arrival and Departure Information System
(ADIS), 72 FR 47057 (August 22, 2007);
DHS/USVISIT-004 DHS Automated Biometric Identification
System (IDENT), 72 FR 31080 (June 5, 2007);
Overseas Citizens Services Records, STATE-05, 73 FR 24343
(May 2, 2008);
Passport Records, STATE-26, 76 FR 34966 (July 6, 2011);
Visa Records, STATE-39, 77 FR 65245 (October 25, 2012);
JUSTICE/EOIR-001 Records and Management Information
System, 72 FR 3410 (January 25, 2007);
JUSTICE/FBI-002 The FBI Central Records System, 72 FR 3410
(January 25, 2007);
JUSTICE/FBI-009 Fingerprint Identification Records System
(FIRS), 72 FR 3410 (January 25, 2007); and
TREASURY/FMS-017 Collections Records, 74 FR 23006 (May 15,
2009).
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). Additionally, many of the functions in this system
require retrieving records from law enforcement systems. When a record
received from another system has been exempted in that source system
under 5 U.S.C. 552a(j)(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 claims any additional exemptions set
forth here.
Dated: March 22, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-07725 Filed 4-4-13; 8:45 am]
BILLING CODE 9111-97-P
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | USCIS User |
| File Modified | 0000-00-00 |
| File Created | 2021-01-23 |