[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69864-69871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27895]
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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.
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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 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);
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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;
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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