[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]
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