Dhs-uscis-ice-cbp-001 Sorn

DHS-USCIS-ICE-CBP-001_SORN_09182017.pdf

Request for Premium Processing Service

DHS-USCIS-ICE-CBP-001 SORN

OMB: 1615-0048

Document [pdf]
Download: pdf | pdf
43556

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

required to be closed pursuant to 5
U.S.C. 552b(c)(1)(A) & (B) The second
agenda item, a discussion of potential
NSTAC study topics, will address areas
of critical cybersecurity vulnerabilities
and priorities for Government.
Government officials will share data
with NSTAC members on initiatives,
assessments, and future security
requirements across public and private
sector networks. The information will
include specific vulnerabilities within
cyberspace that affect the United States’
information and communication
technology infrastructures and proposed
mitigation strategies. Disclosure of this
information to the public would provide
criminals with an incentive to focus on
these vulnerabilities to increase attacks
on the Nation’s critical infrastructure
and communications networks. As
disclosure of this portion of the meeting
is likely to significantly frustrate
implementation of proposed DHS
actions, it is required to be closed
pursuant to 5 U.S.C. 552b(c)(9)(B).
Helen Jackson,
Designated Federal Officer for the NSTAC.

Duke issued a memorandum entitled
‘‘Rescission of the June 15, 2012
Memorandum Entitled ‘Exercising
Prosecutorial Discretion with Respect to
Individuals Who Came to the United
States as Children.’ ’’ The September 5,
2017 memorandum rescinded the June
15, 2012 memorandum and directed
DHS personnel to take all appropriate
actions to execute a wind-down of the
DACA program consistent with the
parameters established in the
memorandum. The September 5, 2017
memorandum is available on the DHS
Web site at the following location:
https://www.dhs.gov/news/2017/09/05/
memorandum-rescission-daca.
Dated: September 11, 2017.
Elaine C. Duke,
Acting Secretary of Homeland Security.
[FR Doc. 2017–19794 Filed 9–15–17; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2017–0038]

[FR Doc. 2017–19793 Filed 9–15–17; 8:45 am]

Privacy Act of 1974; System of
Records

BILLING CODE 9110–9P–P

Department of Homeland
Security, Privacy Office.
ACTION: Notice of Modified Privacy Act
System of Records.
AGENCY:

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Notice of Availability for Memorandum
on Rescission of Deferred Action for
Childhood Arrivals
Office of the Secretary,
Department of Homeland Security.
ACTION: Notice of availability.
AGENCY:

In a memorandum dated
September 5, 2017, the Acting Secretary
of the Department of Homeland Security
(DHS) rescinded the June 15, 2012 DHS
memorandum entitled ‘‘Exercising
Prosecutorial Discretion with Respect to
Individuals Who Came to the United
States as Children.’’ The September 5,
2017 memorandum is available on the
DHS Web site at the following location:
https://www.dhs.gov/news/2017/09/05/
memorandum-rescission-daca.
SUPPLEMENTARY INFORMATION: On June
15, 2012, then Secretary of Homeland
Security Janet Napolitano issued a
memorandum entitled ‘‘Exercising
Prosecutorial Discretion with Respect to
Individuals Who Came to the United
States as Children.’’ The 2012
memorandum established the policy
known as Deferred Action for
Childhood Arrivals (DACA).
On September 5, 2017, Acting
Secretary of Homeland Security Elaine

sradovich on DSKBBY8HB2PROD with NOTICES

SUMMARY:

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify a current DHS system of records
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.’’ This
system of records contains information
regarding transactions involving an
individual as he or she passes through
the U.S. immigration process, some of
which may also be covered by separate
Systems of Records Notices. DHS
primarily maintains information relating
to the adjudication of benefits,
investigation of immigration violations,
and enforcement actions in Alien Files
(A-Files). Alien Files became the official
file for all immigration records created
or consolidated since April 1, 1944.
Before A-Files, many individuals had
more than one file with the agency. To
streamline immigration recordkeeping,
legacy Immigration and Naturalization
Service issued each individual an Alien
Number, allowing the agency to create
a single file for each individual
containing that individual’s official

SUMMARY:

PO 00000

Frm 00043

Fmt 4703

Sfmt 4703

immigration record. DHS also uses other
immigration files to support
administrative, fiscal, and legal needs.
DATES: Submit comments on or before
October 18, 2017. This modified system
will be effective upon publication. New
or modified routine uses will become
effective October 18, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0038 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, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
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:
Jonathan R. Cantor, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION: As DHS
moves to conducting more immigration
actions in an electronic environment
and U.S. Citizenship and Immigration
Services (USCIS) adjudicates more
immigration benefits and requests for
action in its USCIS Electronic
Immigration System, DHS no longer
considers the paper A-File as the sole
repository and official record of
information related to an individual’s
official immigration record. An
individual’s immigration history may be
in the following materials and formats:
(1) A paper A-File; (2) an electronic
record in the Enterprise Document
Management System or USCIS
Electronic Immigration System; or (3) a
combination of paper and electronic
records and supporting documentation.
The Department of Homeland
Security, therefore, 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 notice to: (1) Redefine which
records constitute the official record of
an individual’s immigration history to
include the following materials and
formats: (a) The paper A-File, (b) an
electronic record in the Enterprise
Document Management System or U.S.
Citizenship and Immigration Services
Electronic Immigration System, or (c) a

E:\FR\FM\18SEN1.SGM

18SEN1

sradovich on DSKBBY8HB2PROD with NOTICES

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
combination of paper and electronic
records and supporting documentation;
(2) clarify that data originating from this
system of records may be stored in a
classified paper A-File or classified
electronic network; (3) provide updated
system locations; (4) update category of
individuals covered by this System of
Records Notice, to include individuals
acting as legal guardians or designated
representatives in immigration
proceedings involving an individual
who is physically or developmentally
disabled or severely mentally impaired
(when authorized); Civil Surgeons who
conduct and certify medical
examinations for immigration benefits;
law enforcement officers who certify a
benefit requestors cooperation in the
investigation or prosecution of a
criminal activity; and interpreters; (5)
expand the categories of records to
include the following: country of
nationality; country of residence; the
USCIS Online Account Number; social
media handles, aliases, associated
identifiable information, and search
results; and the Department of Justice
(DOJ), Executive Office for Immigration
Review and Board of Immigration
Appeals proceedings information; (6)
add and describe the purpose for the
USCIS Electronic Immigration System,
Electronic Document Management
System, and Microfilm Digitization
Application System; (7) expand the data
elements used to retrieve records; (8)
update the parameters for retention and
disposal of A–Files; (9) add the
Microfilm Digitization Application
System retention schedule; (10) update
system manager to Associate Director,
Immigration Records and Identity
Services; (11) update record source
categories to include publicly available
information obtained from the internet,
public records, public institutions,
interviewees, commercial data
providers, and information obtained and
disclosed pursuant to information
sharing agreements; and (12) update
routine use E to comply with new
policy contained in Office of
Management and Budget Circular A–
108. Additionally, this notice includes
non-substantive changes to simplify the
formatting and text of the previously
published notice. The exemptions for
the existing system of records notice
will continue to be applicable for this
updated system of records notice. This
modified system of records notice will
be included in the DHS’s inventory of
record systems.
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the DHS U.S.
Citizenship and Immigration Services

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

(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’
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. DHS implements U.S.
immigration policy and law through
ICE’s law enforcement activities and
CBP’s inspection and border security
processes.
Legacy immigration and
naturalization agencies previously
collected and maintained information
concerning all immigration and
inspection interactions. Before Alien
Files (A-Files), many individuals had
more than one file with the agency
requiring legacy personnel to search
multiple records systems and indexes
for all records pertaining to one
individual. The former Immigration and
Naturalization Services (INS)
introduced A-Files and issued each
individual an Alien Number (ANumber) allowing INS to create one file
for each individual containing the entire
agency’s records for the subject. Legacy
immigration case file records that were
not consolidated into the A-File are still
maintained since these records hold
historical value and are shared with
government agencies and members of
the public who request this information
for mission-related and genealogy
purposes.
The Alien 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 or she passes
through the U.S. immigration process.
Currently, A-Files may be maintained in
two formats: Paper A-Files or electronic
A-Files within the Enterprise Document
Management System (EDMS). The
official record will now take three
possible forms: (1) Records contained
within the paper A-File; (2) records
contained within the electronic record
from EDMS or USCIS Electronic
Immigration System (USCIS ELIS); or (3)
a combination of paper and electronic
records and supporting documentation.
The A-File serves as the official record
of an individual’s immigration history.

PO 00000

Frm 00044

Fmt 4703

Sfmt 4703

43557

It is used in immigration proceedings
before U.S. Department of Justice (DOJ)
immigration judges and the Board of
Immigration Appeals (BIA), and is the
official record used in Federal court
litigation and other official agency
business transactions. USCIS is the
custodian of the A-File and the
documents contained within it that are
derived from various systems belonging
to USCIS, ICE, and CBP. All three
components create, contribute
information to, and use A-Files, hence
this joint System of Records Notice
(SORN).
A notice detailing this system of
records was last published in the
Federal Register on November 21, 2013,
as the DHS/USCIS/ICE/CBP001 Alien
File, Index, and National File Tracking
System of Records, 78 FR 69864. 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)
Redefine which records constitute the
official record of an individual’s
immigration history to include the
following materials and formats: (a) The
paper A-File, (b) the electronic A-File,
or (c) a combination of paper and
electronic records and supporting
documentation; (2) clarify that data
originating from this system of records
may be stored in a classified paper AFile or classified electronic network; (3)
provide updated system locations; (4)
update category of individuals covered
by this SORN to include individual
acting as legal guardians or designated
representatives in immigration
proceedings involving individuals who
are physically or developmentally
disabled or severely mentally impaired
(when authorized); Civil Surgeons who
conduct and certify medical
examinations for immigration benefits;
and law enforcement officers who
certify a benefit requestors cooperation
in the investigation or prosecution of a
criminal activity; and interpreters; (5)
expand the categories of records to
include country of nationality; country
of residence; the USCIS Online Account
Number; social media handles, aliases,
associated identifiable information, and
search results; and information
regarding the DOJ Executive Office for
Immigration Review (EOIR) and BIA
proceedings; (6) add and describe the
purpose of the USCIS ELIS, EDMS, and
Microfilm Digitization Application
System (MiDAS); (7) expand data
elements used to retrieve records; (8)
update the parameters for retention and
disposal of paper A-Files and electronic
A-Files; (9) include the MiDAS
retention schedule; (10) change system

E:\FR\FM\18SEN1.SGM

18SEN1

43558

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

sradovich on DSKBBY8HB2PROD with NOTICES

manager to Associate Director,
Immigration Records and Identity
Services (IRIS); (11) update record
source categories to include publicly
available information obtained from the
internet, public records, public
institutions, interviews, commercial
data providers, and information shared
obtained through information sharing
agreements; and (12) update routine use
E to comply with Office of Management
and Budget Circular A–108.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records 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, information contained within
the DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records may be shared with
appropriate Federal, State, local, tribal,
territorial, foreign, or international
government agencies consistent with the
routine uses set forth in this system of
records notice. The exemptions for the
existing system of records notice will
continue to be applicable for this system
of records notice. Additionally, this
modified 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. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
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.

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

552a(r), DHS has provided a report of
this system of records to the Office of
Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:

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)–
001 Alien File, Index, and National File
Tracking System of Records.
SECURITY CLASSIFICATION:

Unclassified, sensitive, for official use
only, and classified. The data may be
retained in classified paper A-File or on
classified networks. The nature and
character of the underlying
classification of these records will not
change unless it is combined with
classified information.
SYSTEM LOCATION:

Records are maintained in (1) paper
A-Files; (2) electronic A-Files in EDMS
and USCIS ELIS; (3) Central Index
System (CIS); (4) MiDAS; and (5)
National File Tracking System (NFTS).
Other applications, as Enterprise
Citizenship and Immigrations Services
Centralized Operational Repository
(eCISCOR) and the Person Centric
Query Service (PCQS), may retrieve
information from the aforementioned
applications.
Paper A-Files: Paper A-Files are
primarily located at the National
Records Center in Lee’s Summit,
Missouri and component field offices.
Paper A-Files may also be located at
Headquarters, Regional, District, and
other USCIS File Control Offices (FCO)
throughout the United States and
foreign countries as detailed on the
agency’s Web site, http://www.uscis.gov.
A-Files may also be located at ICE and
CBP offices and facilities.
EDMS: EDMS contains electronic AFiles.
USCIS ELIS: USCIS ELIS contains
electronic A-Files. USCIS ELIS is an
online, electronic account and case
management system that stores
information submitted or integrated into
the system for the processing of specific
applications, petitions, or requests.
Submissions may originate in an
electronic format or be converted to an
electronic format from paper and
include forms, supporting
documentation associated with each
submission notices of agency action
(e.g., appointment notices, requests for
evidence or originals, notices of intent
to deny, or withdrawal notice and other
final agency decisions) on a specific
application, petition, or request,

PO 00000

Frm 00045

Fmt 4703

Sfmt 4703

whether filed directly online or received
by USCIS in a paper format and
subsequently scanned for integration
into the USCIS ELIS. USCIS ELIS also
stores the USCIS Online Account
Number and biographic information
about the individual filing a request for
an immigration decision or agency
action that can be used to retrieve
information about other immigration
requests that may have been filed by the
individual.
CIS: CIS serves as a DHS-wide index
of key information for A-Files (whether
paper or electronic). CIS contains
information on individuals who interact
with DHS. The system contains
biographic information on those
individuals which can be used to
retrieve additional information from
other systems. However, A-Files are not
contained in CIS.
MiDAS: MiDAS contains digitized
copies of immigration-related records
that were created between 1893 and
1975.
NFTS: NFTS has the location
information for all A-File records
(whether paper or electronic). NFTS
allows DHS to track and log the
movement of paper A-Files in a
centralized database, and provide timely
and accurate access to the immigration
case file location. This system facilitates
USCIS’ ability to efficiently manage and
streamline access to immigration files
under its control.
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. Access to these electronic
systems is possible at USCIS sites at
Headquarters and in the field offices
throughout the United States, at
appropriate facilities under the
jurisdiction of DHS, and other locations
at which officers of DHS component
agencies may be posted or operate to
facilitate DHS’s homeland security
mission.
SYSTEM MANAGER(S):

Associate Director, Immigration
Records and Identity Services, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW.,
Washington, DC 20529.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for maintaining this system
is in Sections 103 and 290 of the
Immigration and Nationality Act (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.

E:\FR\FM\18SEN1.SGM

18SEN1

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

sradovich on DSKBBY8HB2PROD with NOTICES

PURPOSE(S) OF THE SYSTEM:

The purpose of this system of records
is to facilitate administration of benefits
and enforcement of provisions under
the INA and related immigration
statutes. A-Files (whether paper or
electronic), immigration case files, CIS,
MiDAS, and NFTS are used primarily
by DHS employees for immigration
processing and adjudication, protection
of national security, and administering
and enforcing immigration and
nationality laws and related regulations
and policy. These records also assist
DHS with detecting violations of
immigration and nationality laws;
supporting the referral of such
violations for prosecution or other
appropriate enforcement action;
supporting law enforcement efforts and
inspection processes at the U.S. borders;
as well as to carry out DHS enforcement,
immigration, intelligence, and or other
homeland security functions.
The purpose of the A-File is to
document and maintain the official
record of an individual’s immigration
applications, petitions, and requests, as
well as enforcement transactions as he
or she passes through the U.S.
immigration process. The official
records in the A-Files consist of paper
and electronic records of the
individual’s transactions through the
immigration process including records
of immigration benefit requests and
requests for agency action filed with
USCIS, but does not include all case
processing and decisional data.
The purpose of the EDMS is to store
the A-File electronically and to share
the A-File more efficiently within DHS
and with external agencies.
The purpose of USCIS ELIS is to
maintain the A-File of certain paperand electronically-filed benefit request
forms with USCIS, in addition its
electronic case processing, adjudication,
and management functions. The
associated information and data for
cases maintained in USCIS ELIS for case
processing, adjudication, and
management functions are covered
under other USCIS SORNs.
The purpose of CIS is to maintain a
repository of electronic data that
summarizes the history of an immigrant
or non-immigrant in the adjudication
process. In addition, CIS maintains
information about individuals of
interest to the U.S. Government for
investigative purposes. Information
contained within CIS is used for
immigration benefit determination and
for immigration law enforcement
operations by USCIS, ICE, and CBP.
The purpose of MiDAS is to maintain
a repository of historical immigration
case files for use by government

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

agencies for mission-related purposes
such as assisting in the determination to
grant or deny a government benefit or to
conduct law enforcement or other
investigations. Furthermore, USCIS
makes records of deceased subjects
available to members of the public who
request them for genealogy and other
historical research purposes.
The purpose of NFTS is to account for
the specific location of immigration
files, and to track the request and
transfer of immigration files.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

• Lawful permanent residents;
• Naturalized U.S. citizens;
• Individuals when petitioning for
benefits under the INA, as amended, on
behalf of another individual;
• Individuals acting as legal
guardians or designated representatives
in immigration proceedings involving
an individual who has a physical or
developmental disability or mental
impairment (as authorized under the
INA);
• Individuals who receive benefits
under the INA;
• Individuals who are subject to the
enforcement provisions of the INA;
• Individuals who are subject to the
INA and:
o Are under investigation by DHS for
possible national security threats or
threats to the public safety,
o were investigated by DHS in the
past,
Æ are suspected of violating
immigration-related criminal or
immigration-related civil provisions of
treaties, statutes, regulations, Executive
Orders, and Presidential Proclamations
administered by DHS, or
Æ 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;
• Civil Surgeons who are required to
conduct and certify medical
examinations for immigration benefits;
and law enforcement officers who
certify a benefit requestor’s cooperation
in the investigation or prosecution of a
criminal activity;
• Preparers assisting an individual
seeking an immigration benefit or
agency action under the INA;
• Interpreters assisting an individual
seeking an immigration benefit or
agency action under the INA;
• Attorneys or representatives
recognized by USCIS or accredited by
the BIA; or
• Law enforcement officers who
certify a benefit requestor’s cooperation

PO 00000

Frm 00046

Fmt 4703

Sfmt 4703

43559

in the investigation or prosecution of a
criminal activity.
Note: Individuals may fall within one or
more of these categories.
CATEGORIES OF RECORDS IN THE SYSTEM:

A. A-Files contain 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, petitions, and
requests for immigration determinations
or agency action 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:
• A-Numbers;
• Receipt file number(s);
• Full name and any aliases used;
• Physical and mailing addresses (to
include U.S. and foreign);
• Phone numbers and email
addresses;
• Social Security number (SSN);
• Date of birth;
• Place of birth (city, state, and
country);
• Country of citizenship;
• Country of nationality;
• Country of residence;
• Gender;
• Physical characteristics (height,
weight, race, eye and hair color,
photographs, fingerprints);
• Government-issued identification
information (i.e., passport, driver’s
license):
Æ Document type;
Æ Issuing organization;
Æ Document number; and
Æ Expiration date;
• Military membership and/or status;
• Arrival/Departure information
(record number, expiration date, class of
admission, etc.);
• Federal Bureau of Investigation
(FBI) Identification Number/Universal
Control Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including, but not limited to, 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;

E:\FR\FM\18SEN1.SGM

18SEN1

sradovich on DSKBBY8HB2PROD with NOTICES

43560

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

• Medical information;
• Information regarding the status of
Department of Justice (DOJ), Executive
Office of Immigration Review (EOIR)
and (BIA) proceedings, if applicable;
• Specific benefit eligibility
information as required by the benefit
being sought;
• Social media handles and aliases,
associated identifiable information, and
search results; and
• Cassette/audio tapes, audio-visual/
videotapes, CDs, DVDs, or transcripts of
immigration interviews.
B. 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 paper A-File from
the USCIS FCO that has custody of the
A-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;
• Country of nationality;
• Gender;
• Government issued identification
information (i.e., passport, driver’s
license):
• Document type;
• Issuing organization;
• Document number;
• Expiration date;
• Arrival/Departure information
(record number, expiration date, class of
admission, etc.);
• Immigration status;
• Father and Mother’s first name;
• FBI Identification/Identification
Universal Control Number;
• Fingerprint Identification Number;
• Immigration enforcement history,
including arrests and charges,
immigration proceedings and appeals,
and dispositions including removals or
voluntary departures; and
• NFTS file location and status
information.
C. EDMS contains official record
material about each individual for
whom DHS has created a record
pursuant to the INA and the same
information as contained in the as a
paper A-File except for material that
cannot be scanned from the paper AFile (e.g., cassette/audio tapes, audiovisual/video tapes, CDs, or DVDs).

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

D. USCIS ELIS contains official record
information and material used to
determine an outcome on an
immigration application, petition, or
request or request agency action, such as
supporting documentation, and notices
of agency action on the specific
immigration request. USCIS ELIS also
stores the USCIS Online Account
Number biographic information about
the individual seeking an immigration
benefit or requesting agency action that
can be used to retrieve information
about other requests filed by the
individual, and the electronic copy of
the naturalization or certificate of
citizenship. Specific data elements may
include, but are not limited to:
• Full Name;
• Aliases;
• Physical and mailing addresses;
• A-Number;
• USCIS Online Account Number;
• SSN;
• Date of birth and/or death;
• Country of citizenship;
• Country of nationality;
• Country of residence;
• Place of birth;
• Gender;
• Marital status;
• Military membership or status;
• Phone and fax numbers (including
mobile phone numbers);
• Email address;
• Immigration status;
• Biometric information (e.g.,
fingerprints, photographs, signature)
and other information used to conduct
background and security checks;
• Physical description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like tattoos
or birthmarks);
• Government issued identification
information (i.e., passport, driver’s
license):
Æ Document type;
Æ Issuing organization;
Æ Document number; and
Æ Expiration date;
• Immigration benefit type and/or
agency action requested (e.g., deferred
action);
• Supporting documentation as
necessary (e.g. birth, marriage, and
divorce certificates; licenses; academic
diplomas and transcripts; appeals,
requests for rehearing, and motions to
reopen or reconsideration; explanatory
statements; and unsolicited information
submitted voluntarily by the individual
seeking an immigration benefit or
requesting agency action or family
members in support of the request);
• Notices and communications,
including:
Æ Requests for evidence;
Æ Notices of intent to deny, fine, or
terminate; and

PO 00000

Frm 00047

Fmt 4703

Sfmt 4703

Æ Proofs of benefit (e.g., Employment
Authorization Card, Permanent Resident
Card);
• Signature;
• Fee payment information (e.g.,
credit card number, Pay.gov Payment
Tracking Number);
• Audio-visual recordings, including
interviews and naturalization
ceremonies;
• Travel history;
• Education history;
• Work history;
• Records regarding organization
membership or affiliation;
• Family relationships (e.g., parent,
spouse, sibling, child, other
dependents);
• Information regarding the status of
DOJ, EOIR and BIA proceedings, if
applicable;
• Case processing information such as
the date an immigration request was
filed or received by USCIS; status of
such a request; location of record; other
control number when applicable; and
fee receipt data;
• Representative information,
including:
Æ Name;
Æ Law Firm/recognized organization;
Æ Physical and mailing addresses;
Æ Phone and fax numbers;
Æ Email address;
Æ Attorney Bar Card Number or
equivalent;
Æ Bar membership;
Æ BIA representative accreditation
authorization and expiration dates;
Æ Law practice restriction(s)
explanation; and
Æ Signature.
• Preparer and Interpreter
information, including:
Æ Full Name;
Æ Business or Organization name;
Æ Physical and mailing addresses;
Æ Phone and fax numbers;
Æ Email address; and
Æ Signature.
E. NFTS contains the location of the
A-File whether paper or electronic.
Specific data elements include:
• A-Number;
• Receipt File Number;
• Primary immigration file tracking
number (e.g., A-Number, Receipt File
Number, Certificate Number (CNumber), and Temporary Number (TNumber));
• Location of the paper A-File and
Receipt File within the USCIS FCO, as
well as the history of who has
maintained the paper A-File, including
the component, section, and employee;
and
• Name of the USCIS FCO that has
jurisdiction over a case maintained in
USCIS ELIS and any transfer of
jurisdiction to another USCIS office.

E:\FR\FM\18SEN1.SGM

18SEN1

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
F. MiDAS is an online interactive
application system that provides an
automated means for searching an index
to legacy immigrant records opened or
indexed prior to 1975. The MiDAS
Search Engine includes the Flexoline
Index, documenting the issuance of A–
Numbers to individuals between August
1940 and 1948, as well as a card index
to physical A-Files opened between
April 1, 1944 and 1975. MiDAS index
data may be used to create or update a
CIS record of an A-Number issued or AFile opened prior to 1975. Specific AFile index data elements may include,
but are not limited to:
• A-Number;
• C-Number;
• Full name;
• Date of birth; and
• Place of birth (city, state, and
country).
RECORD SOURCE CATEGORIES:

Basic information contained in DHS
records is supplied by individuals on
Department of State (DOS) and DHS
applications and forms. Other
information comes from publicly
available information obtained from the
Internet, public records, public
institutions, interviewees, commercial
data aggregators, 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, information shared through
information sharing agreements, 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.

sradovich on DSKBBY8HB2PROD with NOTICES

ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:

Information in this system of records
contains information relating to persons
who have pending or approved benefit
requests for special protected classes
and 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.
For example, information relating to
persons who have pending or approved
benefit requests for protection under the
Violence Against Women Act, Seasonal
Agricultural Worker or Legalization
claims, the Temporary Protected Status
of an individual, and information
relating to nonimmigrant visas protected
under special confidentiality provisions

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

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.
These confidentiality provisions do not
prevent DHS from disclosing
information to the DOJ and Offices of
the United States Attorney 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 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 determines that information
from this system of records is
reasonably necessary and otherwise
compatible with the purpose of
collection to assist another federal
recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach; or

PO 00000

Frm 00048

Fmt 4703

Sfmt 4703

43561

2. DHS suspects or has confirmed that
there has been a breach of this system
of records; and (a) DHS has determined
that as a result of the suspected or
confirmed breach, there is a risk of harm
to individuals, harm to DHS (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (b) 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
breach or to 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, 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.
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

E:\FR\FM\18SEN1.SGM

18SEN1

sradovich on DSKBBY8HB2PROD with NOTICES

43562

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

the purpose of granting naturalization
and administering naturalization oaths,
and to enable such courts to determine
eligibility for naturalization or grounds
for revocation of 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 DOJ EOIR, 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 DOS 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 DOS 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,
local, tribal, territorial, or foreign
government agency or organization, or
international organization, lawfully

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

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
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

PO 00000

Frm 00049

Fmt 4703

Sfmt 4703

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 (OMB) 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 U.S. Government, or to
obtain information that may assist DHS
in collecting debts owed to the U.S.
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.

E:\FR\FM\18SEN1.SGM

18SEN1

sradovich on DSKBBY8HB2PROD with NOTICES

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
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
DOS 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 deconfliction 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.

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

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
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 DHS or EOIR 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 the Chief Privacy Officer
determines that release of the specific

PO 00000

Frm 00050

Fmt 4703

Sfmt 4703

43563

information in the context of a
particular case would constitute a
clearly 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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

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, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

DHS/USCIS retrieves records by
searching in CIS using the following
data alone or in any combination:
• 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/Universal
Control Number;
• Fingerprint Identification Number;
• I–94 admission number;
• Passport number;
• SSN; or
• Travel Document number.
DHS/USCIS retrieves records by
searching electronic A–Files in EDMS
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 electronic A–
File (based on optical character
recognition of the scanned images).
DHS/USCIS retrieves records by
searching in USCIS ELIS using the
following data alone or in any
combination:
• Full Name;
• Aliases;
• A-Number;
• USCIS Online Account Number;
• Date of birth;
• Immigration benefit type and/or
agency action requested (e.g., deferred
action);

E:\FR\FM\18SEN1.SGM

18SEN1

43564

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices

• Fee receipt data;
• Date benefit request was filed;
• Date benefit request was received;
• Representative name;
• Preparer name; and
• Interpreter name.
DHS/USCIS retrieves the location of
A-Files, whether paper or electronic, by
searching in NFTS using the following
data:
• A-Number;
• USCIS Online Account Number; or
• Receipt File Number.
DHS/USCIS retrieves genealogy
records and requests in MiDAS by
searching the following data alone or in
any combination:
• Requestor’s first name;
• Requestor’s last name;
• Requestor’s Case and/or Control
Number;
• Record subject’s A–Number or
immigration case file number;
• Record subject’s first name;
• Record subject’s last name; and
• Record subject’s alias.

sradovich on DSKBBY8HB2PROD with NOTICES

POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

16:54 Sep 15, 2017

Jkt 241001

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
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.
RECORD ACCESS PROCEDURES:

The official A-File record may take
three possible forms: (1) Records
contained within the paper A-File; (2)
records contained within the electronic
record from EDMS or USCIS ELIS; or (3)
a combination of paper and electronic
records and supporting documentation.
A-File records are maintained in
accordance with N1–566–08–11. DHS/
USCIS transfers A-Files to the custody
of NARA 100 years after the individual’s
date of birth.
CIS records are maintained in
accordance with N1–566–10–01. CIS is
an internal DHS-mission critical system
that contains records that serve as a
finding aid to agency case files. Records
in CIS are permanently retained because
they are the index of the A-File,
summarize the history of an immigrant
in the adjudication process, and identify
the A-File location(s).
NFTS records are maintained in
accordance with N1–566–06–01. NFTS
records are temporary and deleted when
they are no longer needed for agency
business. 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. Other
immigration case files with a shorter
retention period will have the
associated NFTS record destroyed or
deleted once the file has been destroyed.
MiDAS information (data and
electronic images) pertaining to
correspondence with the public and
government requestor is retained and
disposed every six years in accordance

VerDate Sep<11>2014

with the NARA General Records
Schedules 4.2 and 14. The immigration
case files contained in MiDAS are
retained permanently. Records are
transferred to NARA after 100 years
after the last completed action.
Records replicated on the unclassified
and classified networks for analysis and
vetting will follow the same retention
schedule.

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and those
of the Judicial Redress Act (JRA) if
applicable, because it is a law
enforcement system. However, DHS/
USCIS will consider individual requests
to determine whether or not information
may be released. Thus, individuals
seeking access to and notification of any
record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to the Chief Privacy Officer and USCIS
Freedom of Information Act (FOIA)
Officer, whose contact information can
be found at http://www.dhs.gov/foia
under ‘‘Contacts Information.’’ 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 Officer,
Department of Homeland Security,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide a right of access,
certain records about you may be
available under the FOIA.
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

PO 00000

Frm 00051

Fmt 4703

Sfmt 4703

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
Freedom of Information Act 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.
CONTESTING RECORD PROCEDURES:

For records covered by the Privacy
Act or covered JRA records, see ‘‘access
procedures’’ above.
NOTIFICATION PROCEDURES:

See ‘‘Record Access procedure.’’
EXEMPTIONS PROMULGATED 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).
When this system receives a record
from another system exempted in that
source system under 5 U.S.C. 552a(j)(2),
DHS will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated and claims any
additional exemptions set forth here.
HISTORY:

DHS/USCIS/ICE/CBP–001 Alien File,
Index, and National File Tracking

E:\FR\FM\18SEN1.SGM

18SEN1

43565

Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Notices
System of Records, 78 FR 69864 (Nov.
21, 2013); Alien File, Index, and
National File Tracking SORN, 76 FR
34233l (Jun. 13, 2011); Alien File (AFile) and Central Index System (CIS)
Systems of Records 78 FR 1755 (Jan. 16,
2007).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–19365 Filed 9–15–17; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
[OMB Control Number 1653–0038]

Agency Information Collection
Activities: Student and Exchange
Visitor Information System (SEVIS);
Extension, Without Change, of a
Currently Approved Collection
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security.
NOTICE: 60-day notice.
AGENCY:

The Department of Homeland
Security (DHS), U.S. Immigration and
Customs Enforcement (ICE) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection is
published in the Federal Register to

SUMMARY:

e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, without change, of a
currently approved information
collection.
(2) Title of the Form/Collection:
Student and Exchange Visitor
Information System (SEVIS).
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Forms I–17
and I–20; U.S. Immigration and Customs
Enforcement.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary Non-profit institutions
and individuals or households. SEVIS is
an Internet-based data-entry, collection
and reporting system. It collects
information on SEVP-certified schools
via the Form I–17, ‘‘Petition for
Approval of School for Attendance by
Nonimmigrant Student,’’ and collects
information on the F and M
nonimmigrant students that the SEVPcertified schools admit into their
programs of study via the Forms I–20s:
‘‘Certificate of Eligibility for
Nonimmigrant (F–1) Student Status—
For Academic and Language Students’’
and ‘‘Certificate of Eligibility for
Nonimmigrant (M–1) Student Status—
For Vocational Students’’.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond:
Average burden
per response
(in hours)

Number of
respondents

Form name/Form No.

280,000 ..........

Certificate of Eligibility for Nonimmigrant (F–1) Student Status—For Academic and Language Students/ICE
Form I–20 (Students).
Certificate of Eligibility for Nonimmigrant (M–1) Student Status—For Academic and Language Students/ICE
Form I–20 (Spouse/Dependents).
Optional Practical Training 12 Month Request/No Form ...................................................................................
Optional Practical Training 17 Month Extension Request/No Form ..................................................................
Maintenance of SEVP Certification/ICE Form I–17 ............................................................................................

90,000 ............
280,000 ..........
12,000 ............
5,525 ..............

(6) An estimate of the total public
burden (in hours) associated with the
collection: 1,027,884 annual burden
hours.
sradovich on DSKBBY8HB2PROD with NOTICES

obtain comments from the public and
affected agencies.
DATES: Comments are encouraged and
will be accepted for sixty days until
November 17, 2017.
ADDRESSES: Written comments and
suggestions regarding items contained
in this notice and especially with regard
to the estimated public burden and
associated response time should be
directed the Department of Homeland
Security (DHS), PRA Clearance Officer,
U.S. Immigrations and Customs
Enforcement, 801 I Street NW., Mailstop
5800, Washington, DC 20536–5800.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,

Dated: September 12, 2017.
Scott Elmore,
PRA Clearance Officer, Office of the Chief
Information Officer, U.S. Immigration and
Customs Enforcement, Department of
Homeland Security.
[FR Doc. 2017–19713 Filed 9–15–17; 8:45 am]
BILLING CODE 9111–28–P

VerDate Sep<11>2014

16:54 Sep 15, 2017

Jkt 241001

PO 00000

Frm 00052

Fmt 4703

Sfmt 9990

E:\FR\FM\18SEN1.SGM

18SEN1

0.5
0.5
0.083
0.083
4


File Typeapplication/pdf
File Modified2017:09:16 00:51:54-04:00
File Created2017:09:16 00:44:05-04:00

© 2022 OMB.report | Privacy Policy