System Of Record Notice

SORN 10.docx

Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Sec. 203 of Pub. L. 105-100)

System Of Record Notice

OMB: 1615-0072

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[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]

[Notices]

[Pages 74781-74786]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-30270]



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DEPARTMENT OF HOMELAND SECURITY


Office of the Secretary


[Docket No. DHS-2015-0077]



Privacy Act of 1974; Department of Homeland Security U.S.

Citizenship and Immigration Services-010 Asylum Information and Pre-

Screening System of Records


AGENCY: Department of Homeland Security, Privacy Office.


ACTION: Notice of Privacy Act system of records.


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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-010 Asylum

Information and Pre-Screening System of Records.'' This system of

records allows the Department of Homeland Security/U.S. Citizenship

Immigration Services to collect and maintain records 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.

As a result of a biennial review of this system, Department of

Homeland Security/U.S. Citizenship and Immigration Services is updating

this system of records notice to: (1) Clarify that data originating

from this system of records may be stored in a classified network; (2)

provide an updated system location; (3) include follow-to-join

(derivative) asylum information as a category of records; (4) expand

the categories of records for benefit requestors, beneficiaries,

derivatives, accredited representatives (including attorneys), form

preparers, and interpreters; (5) remove routine use K because it was

duplicative; (6) add two new routine uses K and L to permit the sharing

of information with the Departments of State and Health and Human

Services, respectively; (7) update the retention schedules to include

additional systems; (8) add name and date of birth combination and

receipt number to retrieve records; and


[[Page 74782]]


(9) update record source categories to include accredited

representatives (including attorneys), interpreters, preparers, and

USCIS personnel. Additionally, this notice includes non-substantive

changes to simplify the formatting and text of the previously published

notice. This updated system will be included in the Department of

Homeland Security's inventory of record systems.


DATES: Submit comments on or before December 30, 2015. This updated

system will be effective December 30, 2015.


ADDRESSES: You may submit comments, identified by docket number DHS-

2015-0077 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: Karen L. Neuman, Chief Privacy Officer, Privacy

Office, Department of Homeland Security, Washington, DC 20528-0655.

Instructions: All submissions received must include the agency name

and docket number for this 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:

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: Karen L. Neuman, (202)

343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland

Security, Washington, DC 20528-0655.


SUPPLEMENTARY INFORMATION:


I. Background


In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, 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-010 Asylum Information and Pre-Screening

System of Records.''

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

2002, Congress charged 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

Title 8, Code of Federal Regulations (8 CFR) section 208. USCIS is also

responsible for adjudicating the benefit program established by Section

203 of the Nicaraguan Adjustment and Central American Relief Act (Pub.

L. 105-100, hereinafter ``NACARA''), in accordance with 8 CFR part 241,

and maintaining and administering the credible fear and reasonable fear

screening processes, under 8 CFR 208.30 and 208.31.


Asylum


Every year people come to the United States seeking protection

because they have suffered persecution or fear that they will suffer

persecution on account of race, religion, nationality, membership in a

particular social group, or political opinion. The two ways to obtain

asylum in the United States are through the affirmative process and

defensive process. To obtain asylum, the individual must be physically

present in the United States. An individual may apply for affirmative

asylum status regardless of how he or she arrived in the United States

or his or her current immigration status. An individual may include his

or her spouse and/or unmarried children present in the United States as

derivatives on his or her asylum application. A defensive application

for asylum occurs when an individual requests asylum as a defense

against removal from the United States. In defensive asylum cases, the

individual is currently in removal proceedings in immigration court

with the Department of Justice's Executive Office for Immigration

Review (EOIR). USCIS is responsible for the administration and

adjudication of the affirmative asylum process. Individuals granted

asylum status possess this status indefinitely, may work in the United

States, may request derivative status for immediate family members

within two years of the grant of asylum status, and may apply for

permanent residence after one year.


Follow-to-Join or Derivative Asylum Status


An individual who entered the United States and was granted asylum

status within the past two years may petition to have his or her spouse

and/or unmarried children ``follow-to-join'' him or her in the United

Sates and obtain derivative asylum status under 8 CFR 208.21. The

derivatives may be in the United States or outside the United States.


Nicaraguan Adjustment and Central American Relief Act (NACARA Section

203)


Section 203 of NACARA applies to certain individuals from

Guatemala, El Salvador, and the former Soviet bloc countries (the

Soviet Union or any republic of the former Soviet Union, such as

Russia, Latvia, Lithuania, Estonia, Albania, Bulgaria, the former

Czechoslovakia, the former East Germany, Hungary, Poland, Romania, or

Yugoslavia or any state of the former Yugoslavia) who entered the

United States and applied for asylum by specified dates or registered

for benefits. Section 203 of NACARA allows qualified individuals to

apply for suspension of deportation or for special rule cancellation of

removal under the standards similar to those in effect before the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996. If

granted, individuals receive lawful permanent resident status.


Credible Fear Screenings


Section 235 of Immigration and Nationality Act (INA), as amended,

and its implementing regulations provide that certain categories of

individuals are subject to expedited removal without a hearing before

an immigration judge. These include: arriving stowaways; certain

arriving aliens at ports of entry who are inadmissible under section

212(a)(6)(C) of the INA (because they have presented fraudulent

documents or made a false claim to USCIS or other material

misrepresentations to gain admission or other immigration benefits) or

212(a)(7) of the INA (because they lack proper documents to gain

admission); and certain designated aliens who have not been admitted or

paroled into the United States.

Individuals subject to expedited removal who indicate an intention

to apply for asylum, express a fear of persecution or torture, or a

fear of return to their home country are referred to USCIS asylum

officers to determine whether they have a credible fear of persecution

or torture. Individuals found to have a credible fear of persecution or

torture may apply for asylum or withholding of removal as a defense to

removal before an immigration judge.


Reasonable Fear Screenings


Sections 238(b) and 241(a)(5) of the INA provide for streamlined

removal procedures that prohibit certain individuals (i.e., subject to

a final administrative removal order under section 238(b) or subject to

reinstatement of a prior order of


[[Page 74783]]


exclusion, deportation, or removal under section 241(a)(5) of the INA)

from contesting removability before an immigration judge and from

seeking any relief from removal. If an individual ordered removed under

either section 238(b) or section 241(a)(5) of the INA expresses a fear

of return to the country to which he or she has been ordered removed,

the case must be referred to a USCIS asylum officer, who determines

whether the individual has a reasonable fear of persecution or torture.

Individuals found to have a reasonable fear of persecution or torture

may seek withholding or deferral of removal before an immigration

judge.

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 records are used to track case

status, facilitate scheduling appointments, issue notices throughout

the process, and generate decision documents. These records are also

used to initiate, facilitate, and track security and background check

screening, and to prevent the approval of any benefit prior to the

review and completion of all security checks. Finally, these records

are used by USCIS to generate statistical reports to assist with

oversight of production and processing goals.

Information contained in DHS/USCIS-010 Asylum Information and Pre-

Screening is afforded the confidentiality protections contained in 8

CFR 208.6, which strictly limits the disclosure of information to third

parties. 8 CFR 208.6 specifically covers the confidentiality of asylum

applicants and individuals in the credible fear and reasonable fear

screening processes. Information may not be disclosed without the

written consent of the applicant, except as permitted by 8 CFR 208.6 or

at the discretion of the Secretary of Homeland Security or the Attorney

General of the United States.

Consistent with DHS's information sharing mission, information

stored in the DHS/USCIS-010 Asylum Information and Pre-Screening may be

shared with other DHS components that have a need to know the

information to carry out their national security, law enforcement,

immigration, intelligence, or other homeland security functions. In

addition, DHS/USCIS may share information with appropriate federal,

state, local, tribal, territorial, foreign, or international government

agencies consistent with the confidentiality provisions of 8 CFR 208.6

and with the routine uses set forth in this system of records notice.

This updated system will be included in DHS's inventory of record

systems.

DHS/USCIS is updating this system of records notice to: (1) Clarify

that data originating from this system of records may be stored in a

classified network; (2) provide an updated system location; (3) include

follow-to-join (derivative) asylum information as a category of

records; and (4) expand the categories of records for benefit

requestors, beneficiaries, derivatives, accredited representatives

(including attorneys), form preparers, and interpreters. The categories

of records for benefit requestors, beneficiaries, and derivatives are

being updated to include: date of birth; receipt number; Social

Security number; foreign residency history; detention center location;

phone number; gender; place of marriage; education history; government

identification number; notices and communication; records regarding

membership or affiliation with organizations; personal background

information; description of foreign travel; supporting documentation;

and photographs. The category of records for attorneys and accredited

representatives include: name; law firm/recognized organization;

physical and mailing addresses; phone and fax numbers; email address;

attorney bar card number or equivalent; bar membership and

accreditation date; Board of Immigration Appeals representative

accreditation and expiration date; law practice restriction

explanation; and signature. The category of records for preparers and

interpreters is being updated to include: name; organization name;

business state ID number; physical and mailing addresses; email

address; phone and fax numbers; relationship to benefit requestor; and

signature.)

DHS/USCIS is also updating this system of records to (1) remove

routine use K since it was duplicative of routine use E; (2) add two

new routine uses K and L to permit the sharing of information with the

Departments of State and Health and Human Services; (3) update the

retention schedules to include additional systems; (4) add name and

date of birth combination and receipt number to retrieve records; and

(5) update record source categories to include accredited

representatives (including attorneys), interpreters, preparers, and

USCIS personnel.


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-010 Asylum Information

and Pre-Screening 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

Department of Homeland Security (DHS)/U.S. Citizenship and

Immigration Services (USCIS)-010


System Name:

DHS/USCIS-010 Asylum Information and Pre-Screening


Security Classification:

Unclassified. The data originating from this system may be retained

on classified DHS networks but this does not change the nature and

character of the data until it is combined with classified information.


System Location:

The operational information technology (IT) systems that support

the Asylum Information Pre-Screening System include: Refugees, Asylum,

and Parole System (RAPS), Asylum Pre-Screening System (APSS), Case and

Activity Management for International Operations (CAMINO), and the

Computer Linked Information Application Management System 3 (CLAIMS 3).

Affirmative asylum and cases under section 203 of NACARA cases are

processed in RAPS. Reasonable fear and credible fear screenings are

processed in APSS. Asylee Relative Petitions are processed in CLAIMS 3

and CAMINO.

Records are maintained in the respective USCIS case management

systems and associated electronic and paper files located at USCIS


[[Page 74784]]


Headquarters in Washington, DC and in USCIS service centers, national

records center, asylum offices, and domestic and international field

offices. Records are replicated from the operational system and

maintained on the DHS unclassified and classified networks.


Categories of Individuals Covered by the System:

Categories of individuals covered by Asylum Information and Pre-

Screening System include:

Individuals covered by provisions of section 208 of the

INA, as amended, who have applied with USCIS for asylum on Form I-589

(Application for Asylum and for Withholding of Removal);

The spouse and children of a principal asylum applicant

properly included in an asylum application as beneficiaries;

Individuals who have applied 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 (Pursuant to section 203 of Public

Law 105-100 (NACARA)));

Individuals who were referred to a USCIS asylum officer

for a credible fear or reasonable fear screening determination under 8

CFR 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 Sec. 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);

Individuals who have petitioned for follow-to-join

(derivative) asylum status for their spouse and children on Form I-730

(Refugee/Asylee Relative Petition); and

Persons who complete asylum, Section 203 of NACARA, or

follow-to-join applications, or participate in the credible fear or

reasonable fear processes on behalf of the applicant (e.g., attorneys,

form preparers, accredited representatives, and interpreters).


Categories of records in the system:

Information about benefit requestor, beneficiaries, and family

members includes:

Name;

Alias names;

Dates of birth;

Alien number (A-number);

Receipt Number;

Social Security number (if available);

Address/residence in the United States;

Foreign residence history;

Detention location (if detained by U.S. Immigration and

Customs Enforcement);

Phone number;

Gender;

Marital status;

Place of marriage;

Date of birth;

Country of birth;

Country of nationality (or nationalities);

Ethnic origin;

Religion;

Port(s), date(s) of entry, and status at entry(ies);

Filing date of asylum, Section 203 of NACARA, or follow-

to-join application;

Education history;

Work history;

Results of security checks;

Languages spoken;

Claimed basis of eligibility for benefit(s) sought;

Case status;

Case history;

Employment authorization eligibility and application

history;

Government-issued identification (e.g., passport):

[cir] Document type;

[cir] Issuing organization;

[cir] Document number;

[cir] Expiration date; or

[cir] Benefit requested.

Notices and communications, including:

[cir] Appointment notices;

[cir] Receipt notices;

[cir] Requests for evidence;

[cir] Notices of Intent to Deny (NOID);

[cir] Decision notices and assessments; or

[cir] Proofs of benefit.

Records regarding organization membership or affiliation;

Personal background information (e.g., arrests/detentions,

involvement with national security threats, criminal offenses,

persecution, 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);

Tax records;

Explanation/description of foreign travel;

Signature;

Supporting documentation as necessary (e.g., birth,

marriage, and/or divorce certificates, licenses, explanatory

statements, and unsolicited information submitted voluntarily by the

applicant or family members in support of a benefit request);

Photographs; and

Criminal and national security background check

information.

Information about Attorneys, Accredited Representatives, and Form

Prepares includes:

Name;

Law firm/recognized organization;

Physical and mailing addresses;

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; and

Signature.

Information about Preparers and Interpreters may include:

Name;

Organization;

Business state ID number;

Physical and mailing addresses;

Email address;

Phone and fax numbers;

Relationship to benefit requestor; and

Signature.


Authority for maintenance of the system:

Authority for maintaining this system is in 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 (Form I-589);

B. Applications filed with USCIS for suspension of deportation/

special rule cancellation of removal pursuant to Section 203 of NACARA

(Form I-881);

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

D. Reasonable fear screening cases under 8 CFR 208.31; and

E. Follow-to-join derivative asylum/refugee cases (Form I-730)

under 8 CFR 208.21.

DHS maintains a replica of some or all of the data in the operating

system on unclassified and classified DHS networks to allow for

analysis and vetting consistent with the above stated purposes and this

published notice.


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.


[[Page 74785]]


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). Even when a valid routine

use permits the 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 regarding individuals applying for asylum or in credible

fear or reasonable fear processes.

Information in this system of records contains information relating

to persons who have pending or approved asylum applications, follow-to-

join applications, or in the credible fear or reasonable fear process

and should not be disclosed pursuant to a routine use unless disclosure

is otherwise permissible under 8 CFR 208.6. These confidentiality

provisions do not prevent DHS from disclosing information to the U.S.

Department of Justice and Offices of the U.S. Attorneys as part of an

ongoing criminal or civil investigation. These provisions permit

disclosure to courts under certain circumstances as well, as provided

under 8 CFR 208.6(c)(2). Subject to these restrictions, DHS may

disclose:

A. To the Department of Justice (DOJ), including Offices of the

U.S. Attorneys, or other federal agency 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 of 8 CFR 208.6 on

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

prohibits the disclosure to third parties 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, when a record, either

on its face or in conjunction with other information, indicates a

violation or potential violation of law, which includes criminal,

civil, or regulatory violations and such disclosure is proper and

consistent with the official duties of the person making the disclosure

as limited by the terms and conditions of 8 CFR 208.6 and any waivers

issued by the Secretary pursuant to 8 CFR 208.6.

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 as limited by the terms and

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

pursuant to 8 CFR 208.6.

K. To the Department of State for the purpose of assisting in the

processing of petitions or applications for benefits under the

Immigration and Nationality Act, and all other immigration and

nationality laws including treaties and reciprocal agreements.

L. To the Department of Health and Human Services (HHS), Office of

Refugee Resettlement (ORR) and the Centers for Disease Control and

Prevention (CDC) to provide emergency relief to qualified asylees, meet

congressional reporting requirements, provide post-decisions services,

and generate statistical reports for allocating funding for asylee

social benefits.


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 in the operational

system as well as on the unclassified and classified network 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.

The records may be stored on magnetic disc, tape, and digital media.


[[Page 74786]]


Retrievability:

Records may be retrieved by name and date of birth, A-number, or

receipt number.


Safeguards:

DHS/USCIS safeguards records in this system according to applicable

rules and policies, including all applicable DHS automated systems

security and access policies. USCIS has imposed strict controls to

minimize the risk of compromising the information that is being stored.

Access to the computer system containing the records in this system is

limited to those individuals who have a need to know the information

for the performance of their official duties and who have appropriate

clearances or permissions.


Retention and disposal:

USCIS stores the physical documents and supplemental documentation

in the Alien File and processes asylum, NACARA and follow-to-join

applications, and credible fear or reasonable fear determinations in

the respective case management system. The A-File records are permanent

whether hard copy or electronic. USCIS transfers the A-Files to the

custody of NARA 100 years after the individual's date of birth.

NARA approved the RAPS [N1-563-04-06], APSS [N1-563-04-07], CAMINO

[N1-566-12-06] and CLAIMS 3 [N1-566-08-12] Retention Schedule. RAPS,

APSS, and CAMINO Master File automated records are maintained for 25

years after the case is closed and then destroyed. CLAIMS 3 records are

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 benefit. USCIS is

proposing to update the CLAIMS 3 Retention Schedule to destroy records

25 years after the last completed action.

Records replicated on the unclassified and classified networks will

follow the same retention schedule.


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:

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. The

NRC's 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 and Chief Freedom of

Information Act (FOIA) Officer, Department of Homeland Security,

Washington, DC 20528-0655.

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 Chief Privacy

Officer and Chief FOIA 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 your request may be denied due to lack

of specificity or lack of compliance with applicable regulations.

In processing requests for access to information in this system,

USCIS will review not only the records in the operational system but

also the records that were replicated on the unclassified and

classified networks, and based on this notice provide appropriate

access to the information.


Record access procedures:

See ``Notification procedure'' above.


Contesting record procedures:

See ``Notification procedure'' above.


Record source categories:

Records are obtained from the applicant orhis or her accredited

representative, preparer, or interpreter. 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. USCIS personnel may input information as

they process a case, including information from internal and external

sources to verify whether a benefit requestor or family is eligible for

the benefit requested. Information from other systems of records (or

their successor systems) such as Alien File, Index, and National File

Tracking System of Records (DHS/USCIS/ICE/CBP-001, 78 FR 69983,

November 22, 2013); USCIS Benefits Information System (BIS) (DHS/USCIS-

007, 73 FR 56596, September 29, 2008); ICE Removable Alien Records

System (DHS/ICE-011, 75 FR 23274, May 3, 2010); U.S. Customs and Border

Protection (CBP) TECS (DHS/CBP-011, 73 FR 77778, December 19, 2008);

DHS Automated Biometric Identification System (IDENT) (DHS/USVISIT-004,

72 FR 31080, June 5, 2007); Department of Justice (DOJ) Records and

Management Information System (JUSTICE/EOIR-001, 72 FR 3410, January

25, 2007;) Department of Defense (DOD) Defense Biometric Services, 74

FR 48237, (September 22, 2009); DOD Detainee Biometric Information

System, 72 FR 14534, (March 28, 2007); and DOD Defense Biometric

Identification Records System, 74 FR 17840, (April 17, 2009).


Exemptions claimed for the system:

None.


Dated: November 16, 2015.

Karen L. Neuman,

Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2015-30270 Filed 11-27-15; 8:45 am]

BILLING CODE 9111-97-P





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