[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 409-412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31267]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0123]


Privacy Act of 1974; United States Citizenship and Immigration 
Services--010 Asylum Information and Pre-Screening System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act systems of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to add a new system of records to the 
Department of Homeland Security's inventory, entitled Unites States 
Citizenship and Immigration Services-010 Asylum Information and Pre-
Screening System of Records. This new system of records is composed of 
two existing legacy IT systems: The Refugees, Asylum, and Parole System 
and the Asylum Pre-Screening System. Refugees, Asylum, and Parole 
System and Asylum Pre-Screening System have been in operation prior to 
the publication of this system of records notice as both systems were 
deemed to contain active records for only non-United States citizens 
and non-legal permanent residents. Refugees, Asylum, and Parole System 
and Asylum Pre-Screening System are used to capture information 
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. This 
newly established system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before February 4, 2010. This new system 
will be effective February 4, 2010.

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2009-0123, 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 notice. 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 go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
United States Citizenship and Immigration Services (202-272-1663), 20 
Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. 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

    As set forth in section 451(b) of the Homeland Security Act of 
2002, Congress charged United States Citizenship and Immigration 
Services (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 8 CFR part 
208. USCIS is also responsible for the adjudication of the benefit 
program established by section 203 of the Nicaraguan Adjustment and 
Central American Relief Act (NACARA 203), in

[[Page 410]]

accordance with 8 CFR part 241, and the maintenance and administration 
of the credible fear and reasonable fear screening processes, in 
accordance with 8 CFR 208.30 and 208.31.
    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 tracks case status 
and facilitate the scheduling of appointments and interviews as well as 
to issue notices at several stages of the adjudication process and to 
generate decision documents. This system also initiates, facilitates 
and tracks security and background check screening, and prevents the 
approval of any benefit prior to the review and completion of all 
security checks. Finally, the system provides a fully developed and 
flexible means for analyzing and managing program workflows and 
provides the Asylum Program with statistical reports to assist with 
oversight of production and processing goals.
    The Asylum Information and Pre-Screening System is composed of two 
IT systems: Refugees, Asylum and Parole System (RAPS) and Asylum Pre-
Screening System (APSS). RAPS is a comprehensive case management tool 
that enables USCIS to handle and process applications for asylum 
pursuant to section 208 of the Immigration and Nationality Act (Act) 
and applications for adjustment pursuant to section 203 of NACARA. DHS 
offices worldwide can access RAPS as a resource of current and historic 
immigration status information on more than one million applicants. DHS 
officials can use RAPS to verify the status of asylum applicants, 
asylees, and their dependents to assist with the verification of an 
individual's immigration history in the course of a review of visa 
petitions and other benefit applications as well.
    APSS is a program-focused case management system that supports 
USCIS in the screening of individuals in the expedited removal process 
and of individuals subject to reinstatement of a final order of removal 
or an administrative removal order based on a conviction of an 
aggravated felony to determine whether they have credible fear or 
reasonable fear, thus providing the individual with an opportunity for 
a hearing before an immigration judge. Case tracking, application 
processing, and workflow management are carried out for all credible 
fear and reasonable fear screenings using APSS.

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 personally identifiable 
information. 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 to 
which personally identifiable information is put, and to assist the 
individual to more easily find such files within the agency. Below is a 
description of DHS/USCIS-010 system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
these new systems of records to the Office of Management and Budget and 
to the Congress.
System of Records
DHS/USCIS-010

System name:
    United States Citizenship and Immigration Services Asylum 
Information and Pre-Screening System.

Security classification:
    Unclassified.

System location:
    The system is currently located at the Department of Justice (DOJ) 
Data Processing Center, Dallas, Texas, with data access by Department 
of Homeland Security (DHS) users including, but not limited to, U.S. 
Citizenship and Immigration Services (USCIS) users from Headquarters, 
Regional, and District Offices, Service Centers, the National Benefit 
Center and Asylum Offices.

Categories of individuals covered by this system:
    Categories of individuals covered by Asylum Information and Pre-
Screening System include:
     Individuals covered by provisions of section 208 of the 
Immigration and Nationality Act (Act), as amended, who have applied 
with USCIS for asylum on Form I-589 (Application for Asylum and for 
Withholding of Removal) and/or 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);
     Individuals who were referred to a USCIS Asylum Officer 
for a credible fear or reasonable fear screening determination under 8 
CFR part 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 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);
     The spouse and children of a principal asylum applicant 
properly included in an asylum application; and
     Persons who complete asylum applications on behalf of the 
asylum applicant (e.g., attorneys, form preparers, representatives).

Categories of records in the system:
    Categories of records in Asylum Information and Pre-Screening 
System include:
     Name,
     Alias,
     Alien number (A-number),
     Address,
     Sex,
     Marital status,
     Date of birth,
     Country of birth,
     Country of nationality,
     Ethnic origin,
     Religion,
     Port and date of entry,
     Social Security number (if available),
     Status at entry, filing date of asylum application,
     Results of security checks,
     Languages spoken.
     Claimed basis of eligibility for benefit(s) sought,

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     Case status,
     Case history,
     Employment authorization eligibility and application 
history.
     Information from other systems of records (or their 
successor systems) such as Removable Alien Records System (DHS/ICE-011, 
published May 5, 2009, 74 FR 20719), TECS (DHS/CBP-011, published 
December 1, 2008, 73 FR 77778), the Records and Management Information 
System (JUSTICE/EOIR-001, published May 11, 2004, 69 FR 26179), and the 
USCIS Benefits Information System (BIS) (DHS/USCIS-003, published 
September 29, 2008, 73 FR 56596).

Authority for maintenance of the system:
    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 and
    B. Applications filed with USCIS for suspension of deportation/
special rule cancellation of removal pursuant to section 203 of NACARA.
    C. Credible fear screening cases under 8 U.S.C. 1225(b)(1)(B) and
    D. Reasonable fear screening cases under 8 CFR 208.31.

Routine uses of records maintained in the system, including categories 
of users and the purpose 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 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 the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    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) 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 as limited by the terms and conditions of 8 CFR 
208.6.
    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 and the limitations 
of Title 8, Code of Federal Regulations (8 CFR) Sec.  208.6 on 
disclosure as are applicable to DHS officers and employees. 8 CFR 208.6 
prohibits the disclosure to third parties of 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, 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 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.
    K. To appropriate agencies, entities, and persons when:
    1. It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. It is 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) that rely upon the compromised information; 
and
    3. The disclosure is made to such agencies, entities, and persons 
when reasonably necessary to assist in connection with efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

Disclosure to consumer reporting agencies:
    None.

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Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    The records are stored in a database on magnetic disk and tape. A 
record, or any part thereof, may be printed and stored in the 
applicant's A-file.

Retrievablity:
    Records are indexed and retrievable by name and/or A-file number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and 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. The system maintains a real-time 
auditing function of individuals who access the system. Additional 
safeguards may vary by component and program.

Retention and disposal:
    The following USCIS proposal for retention and disposal is pending 
approval by NARA:
    Master File automated records will be maintained for 25 years after 
the case is closed, and then archived at the DOJ Data Processing Center 
or its designated successor, for 75 years and then destroyed. Copies of 
system data may be stored in the individual's Alien File (NCI-85-80-5/
1).
    Reports used to facilitate case processing that contains personally 
identifiable information will be maintained at Headquarters and Asylum 
Field Offices and destroyed when no longer needed.

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:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements. However, USCIS will consider 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 the Headquarters or component's FOIA Officer, 
whose 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, Department of Homeland 
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington, 
DC 20528.
    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 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,
     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,
     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 this bulleted 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.

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

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

Record source categories:
    Records are obtained from the individuals who are the subject of 
these records. 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.

Exemptions claimed for the system:
    None.

    Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-31267 Filed 1-4-10; 8:45 am]
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