[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20719-20722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10260]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0031]


Privacy Act of 1974; United States Immigration and Customs 
Enforcement-011 Removable Alien Records System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of amended 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 amend DHS/ICE-011 Removable Alien Records 
System to add two new routine uses. These routine uses would allow U.S. 
Immigration and Customs Enforcement to share information about 
individuals in ICE detention with entities that seek to provide legal 
educational and orientation programs. DHS is seeking public comment on 
these proposed routine uses.

DATES: Written comments must be submitted on or before June 4, 2009. 
This new system will be effective June 4, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0031 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change and may be read at http://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Lyn Rahilly (202-732-3300), United States Immigration and Customs 
Enforcement Privacy Officer, United States Immigration and Customs 
Enforcement. For privacy issues please contact: Mary Ellen Callahan 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department 
of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to amend a U.S. Immigration and Customs 
Enforcement (ICE) system of records known as the DHS/ICE-011 Removable 
Alien Records System (RARS) (74 FR 5665, Jan. 30, 2009) to add two new 
routine uses. RARS contains information about individual aliens who 
have been removed or are alleged to be removable from the United States 
by DHS/ICE under Federal immigration laws. These new routine uses would 
allow ICE to share information about aliens who are in ICE detention 
during removal proceedings with entities that seek to provide legal 
educational and orientation programs to persons in ICE detention.
    Specifically, proposed Routine Use Q would permit ICE to share 
information about aliens in removal proceedings with the U.S. 
Department of Justice's Executive Office of Immigration Review (EOIR) 
or their contractors, consultants, or others performing or working on a 
contract for EOIR, so that EOIR may arrange for the provision of 
educational services to those aliens under EOIR's Legal Orientation 
Program. New Routine Use R would allow the sharing of the same 
information with attorneys or legal representatives for the purpose of 
facilitating group presentations to aliens in detention that will 
provide the aliens with information about their rights under U.S. 
immigration law and procedures. Routine Use R would support know-your-
rights educational programs that are sponsored by private sector law 
firms and public interest legal organizations, but are not associated 
with the EOIR Legal Orientation Program.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
Part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the DHS/ICE Removable 
Alien Records System.
    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 (OMB) and 
to Congress.
SYSTEM OF RECORDS

DHS/ICE-011

System name:
    Removable Alien Records System (RARS).

Security classification:
    Unclassified.

System location:
    Records are maintained at the United States Immigration and Customs 
Enforcement Headquarters in Washington, DC and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include aliens 
removed and alleged to be removable by DHS/ICE.

Categories of records in the system:
    Categories of records in this system may include:
     Alien's name;
     Alien file number;
     Date of birth;
     Country of birth;
     United States addresses;
     Foreign addresses;
     ICE case file number;
     Subject ID and Person ID;
     Fingerprint Identification (FINS) number;

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     Bureau of Prisons/U.S. Marshals Service number;
     FBI number;
     Event ID;
     Immigration bond number;
     Charge;
     Amount of bond;
     Hearing date;
     Case assignment;
     Scheduling date;
     Sections of law under which excludability/removability is 
alleged;
     Data collected to support DHS/ICE's position on 
excludability/removability, including information on any violations of 
law and conviction information;
     Date, place, and type of last entry into the United 
States;
     Attorney/representative's contact information (Last Name; 
First Name; Middle Name; Suffix; Law Firm; Dates of representation; 
whether a G-28 has been filed)
     Family data;
     DHS/ICE agents assigned;
     Employer Information: (Employer Name; Employment Start 
Date and End Date; County; Address; Zip Code; Telephone number; 
Compensation Type; Salary/Wage;);
     Government decisions concerning an individual's request 
for immigration benefits and information about other immigration-
related actions by the Government (e.g., dismissals, entry of orders of 
removal, etc.); and
     Other case-related information.

Authority for maintenance of the system:
    5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 1103, 1227, 1228, 1229, 
1229a, and 1231.

Purpose(s):
    The purpose of this system is to assist DHS/ICE in the removal and 
detention of aliens in accordance with immigration and nationality 
laws. This system also serves as a docket and control system by 
providing management with information concerning the status and/or 
disposition of removable aliens.

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. 
552a(b) of the Privacy Act, all or a portion of the records of 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when it is 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 of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual 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. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, Tribal, 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, where 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 a court, magistrate, administrative tribunal, opposing 
counsel, parties, and witnesses, in the course of a civil or criminal 
proceeding before a court or adjudicative body when
    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 where the 
agency has agreed to represent the employee; or
    4. the United States, where DHS determines that litigation is 
likely to affect DHS or any of its components, is a party to litigation 
or has an interest in such litigation, and DHS determines that use of 
such records is relevant and necessary to the litigation, provided 
however that in each case, DHS determines that disclosure of the 
information to the recipient is a use of the information that is 
compatible with the purpose for which it was collected.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings.
    J. To other Federal, State, local, or foreign government agencies, 
individuals, and organizations during the course of an investigation, 
proceeding, or activity within the purview of immigration and 
nationality laws to elicit information required by DHS/ICE to carry out 
its functions and statutory mandates.
    K. To the appropriate foreign government agency charged with 
enforcing or implementing laws where there is an indication of a 
violation or potential violation of the law of another nation (whether 
civil or criminal), and to international organizations engaged in the 
collection and dissemination of intelligence concerning criminal 
activity.

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    L. To other Federal agencies for the purpose of conducting national 
intelligence and security investigations.
    M. To any Federal agency, where appropriate, to enable such agency 
to make determinations regarding the payment of Federal benefits to the 
record subject in accordance with that agency's statutory 
responsibilities.
    N. To an actual or potential party or his or her attorney for the 
purpose of negotiation or discussion on such matters as settlement of 
the case or matter, or informal discovery proceedings.
    O. To foreign governments for the purpose of coordinating and 
conducting the removal of aliens from the United States to other 
nations.
    P. To family members and attorneys or other agents acting on behalf 
of an alien to assist those individuals in determining whether (1) the 
alien has been arrested by DHS for immigration violations, and (2) the 
location of the alien if in DHS custody, provided however, that the 
requesting individuals are able to verify the alien's date of birth or 
Alien Registration Number (A-Number), or can otherwise present adequate 
verification of a familial or agency relationship with the alien.
    Q. To the U.S. Department of Justice Executive Office of 
Immigration Review (EOIR) or their contractors, consultants, or others 
performing or working on a contract for EOIR, for the purpose of 
providing information about aliens who are or may be placed in removal 
proceedings so that EOIR may arrange for the provision of educational 
services to those aliens under EOIR's Legal Orientation Program.
    R. To attorneys or legal representatives for the purpose of 
facilitating group presentations to aliens in detention that will 
provide the aliens with information about their rights under U.S. 
immigration law and procedures.
    S. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records are retrieved by Name, A-file number, alien's Bureau of 
Prisons/U.S. Marshal number, case number, subject ID, person ID, FINS 
number, event ID, state ID, FBI number, and/or bond number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security access policies. Strict controls have been imposed to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and Disposal:
    Cases that have been closed for a year are archived and stored in 
the database for 75 years, then deleted. Copies of forms used within 
this system of records are placed in the alien's file. Electronic 
copies of records (copies from electronic mail and word processing 
systems) which are produced and made part of the file are deleted 
within 180 days after the recordkeeping copy is produced.

System Manager and address:
    Director, Detention and Removal Operations, Immigration and Customs 
Enforcement Headquarters, 500 12th Street, SW., Washington, DC 20024.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, CBP will consider 
requests individual requests to determine whether or not information 
may be released. Thus, 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 United States 
Immigration and Customs Enforcement, Freedom of Information Act Office, 
800 North Capitol Street, NW., Room 585, Washington, DC 20536.
    When seeking records about yourself from this system of records or 
any other ICE 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 Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     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 this bulleted information the ICE may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Alien; alien's attorney/representative; DHS/ICE agent; other 
Federal, State, local and foreign agencies; and the courts.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
subsections (c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and 
(H), (e)(5) and (8), (f), and (g) of the Privacy Act pursuant to 5 
U.S.C. 552a(j)(2). In addition, the Secretary of Homeland Security has 
exempted portions of this system from subsections (c)(3), (d), (e)(1), 
(e)(4)(G) and (H), and (f) of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(2). These exemptions apply only to the extent that records in 
the system are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and 
(k)(2).


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    Dated: April 28, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-10260 Filed 5-4-09; 8:45 am]
BILLING CODE 9111-28-P