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Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney

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