SUPPORTING STATEMENT-EOIR Form-59 Cert Release

SUPPORTING STATEMENT
Certification and Release of Records
(Form EOIR-59)
______________________________________________________________________________
Part A. Justification
1. Necessity of Information – Regulations prescribe how to make a request for access to
Department of Justice records under the Privacy Act of 1974, 5 U.S.C. § 552a. Generally,
one may make a request for access to his or her own records by appearing in person or
writing to the Privacy Act Office of the Department component that maintains the
records. 28 C.F.R. §16.41(a). The regulations require that the requestor describe the
records in enough detail to enable Department personnel to locate the applicable system
of records containing the information with a reasonable amount of effort. 28 C.F.R.
§16.41(b). The request should include, whenever possible, a description of the records
sought, the time periods they were compiled, and the name or identifying number of each
system of records where they are kept. Id. Privacy Act requests are subject to applicable
fees. 28 C.F.R. §16.41(c). Furthermore, the request must contain a verification of
identity, including the requestor’s full name, current address, and date and place of birth,
and be signed under penalty of perjury or notarized. 28 C.F.R. §16.41(d).

The Executive Office for Immigration Review (EOIR) has created the Form EOIR-59,
Certification and Release of Records, to standardize and streamline Privacy Act requests
for records related to cases or proceedings before EOIR. The form allows parties who
are, or were, in cases or immigration proceedings before EOIR to disclose or release their

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records to an attorney, accredited representative, qualified organization, or other third
party.

In order to prevent unauthorized disclosure of records of individuals maintained by the
Department of Justice, the Form EOIR-59 collects personal, identifying data about the
requestor as required under the Privacy Act of 1974, 5 U.S.C. § 552a, and its
implementing regulations. The form also collects personal data in order to identify the
recipient of the records.

2. Needs and Uses - The certification and release of records form (Form EOIR-59) is
optional and voluntary. Careful review of the information provided in the form is
necessary to prevent wrongful disclosure of Department of Justice records.

3. Use of Technology - The use of this form will provide the most efficient means for
collecting and processing the required data. The Form EOIR-59 will be available as a
fillable pdf on EOIR’s website. Information can be typed into the online form, which is
then printed out for submission to EOIR either by electronic or physical mail, where
appropriate. In addition, an applicant may print the form in its entirety for completion by
typing or printing legibly.

4. Efforts to Identify Duplication – There is no EOIR form for release of records. The
only method for an individual to request release of their own records is by submitting a

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DOJ-360 Form, Certification of Identity. The DOJ-360 includes a field for social security
numbers, which EOIR does not need to collect in order to locate and identify a
requestor’s records. Rather, EOIR propose to make the EOIR-59 available to requestors
to avoid any further inadvertent collection of social security numbers. Rather, the EOIR59 provides a field for the alien registration number (a field the DOJ-361 does not have),
that will enable EOIR to accurately and efficiently locate the requestor’s records, without
having to unnecessarily collect social security numbers. A review of EOIR’s forms
revealed no duplication of effort, and there is no other similar information currently
available that can be used for this purpose.

5. Impact on Small Businesses - This collection does not have an impact on small
businesses or other small entities. The form is optional and voluntary, and may be used at
the discretion of individuals who are, or have been, parties in cases or proceedings before
EOIR. When used, this collection does not impose an undue burden on the requesting
individuals or the recipients of the records, as the requested information is necessary to
identify the subject of the records and the records recipient, and to prevent wrongful
disclosure of Department of Justice records. Rather, the use of this form should make it
easier for individuals to request records and to more quickly process those requests, as it
is intended to collect all the information needed to process the request, and to avoid
having to follow up with individuals to provide any missing information. EOIR estimates
that it will take approximately ten (10) minutes to complete the form.

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6. Consequences of Less Frequent Collection - Failure to collect this information would
deprive an individual of an efficient method to request the release of their records specific
to his or her case or immigration proceedings before EOIR.

7. Special Circumstances Influencing Collection - None of the eight special
circumstances identified in OMB instruction number 7 apply to this collection.

8. Federal Register Publication and Consultation – A 60-day notice covering this
collection was published in the Federal Register on July 17, 2020 at 85 FR 43604. A 30day notice covering this collection will be published in the Federal Register. Copies of
these notices are attached. If comments are received, they will be considered and
incorporated where appropriate.

9. Payment or Gift to Claimants - EOIR does not provide any payment or gifts to parties
in cases or immigration proceedings, attorneys, accredited representatives, qualified
organizations, or other third parties.

10. Assurance of Confidentiality – The EOIR component processing the request will
maintain the original application. For example, requests received by the immigration
court for records from an alien’s removal proceedings will maintain the request in the
administrative portion of the file associated with that individual record of proceedings.
Those EOIR staff members processing the application may access the Form EOIR-59.

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EOIR protects the confidentiality of the contents of the Form EOIR-59, to the extent
permitted by law, including the Privacy Act and the Freedom of Information Act.

11. Justification for Sensitive Questions - There are no questions of a sensitive nature.

12. Estimate of Hour Burden
a. Number of Respondents

50,596

b. Number of Responses per Respondent

1 each

c. Total Annual Responses

50,596

d. Hours per Response

10 minutes

e. Total Annual Hourly Reporting Burden

8,433 hours

50,596 respondents x 1 response per respondent x 10 minutes per response = 8,433
burden hours.

13. Estimate of Cost Burden - There are no capital or start-up costs associated with this
information collection. The estimated public cost is zero.

For informational purposes only, there may be additional costs to respondents should
they elect to use this optional form. Respondents may incur a cost if they hire an attorney
to assist them with completing the Form EOIR-59. The Bureau of Labor Statistics
reports that the median hourly wage for lawyers is $57.68. For those respondents who
proceed without an attorney, there is an estimated cost of $10 per hour for completing the

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form (the individuals’ time and supplies) in lieu of the practitioner cost. There are also
no fees associated with filing the Form EOIR-59.

14. Estimated Cost to the Federal Government – It is estimated that the annual
government cost for printing, distributing, stocking, processing and maintaining the Form
EOIR-59 will be $155,958. This amount includes printing costs of $5,059, which was
derived by multiplying the 1 page of the Form EOIR-59 by an estimated $.10 per copy by
the estimated 50,596 respondents per year. This amount also includes stocking,
processing and maintenance costs of $150,898, which was derived by calculating the
personnel and overhead costs to EOIR for processing the form.

15. Plans for Publication - The information from this collection will be used internally to
locate and release records of individuals who are, or were, in cases or immigration
proceedings before EOIR.

16. Exceptions to the Certification Statement - EOIR does not request an exception to the
certification of this information collection.

Part B. Collection of Information Employing Statistical Methods
This collection does not employ statistical methods.

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PAPERWORK CERTIFICATION

In submitting this request for Office of Management and Budget (OMB) approval, I certify that
the requirements of the Privacy Act and OMB directives have been complied with, including
paperwork regulations, any applicable statistical standards or directives, and any other
information policy directives promulgated under 5 C.F.R. § 1320.

_____________________
Christina Baptista
Senior Counsel
Executive Office for Immigration Review

__________________
Date

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