Federal Register, Volume 75 Issue 39 (Monday, March 1, 2010)

[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9238-9244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4099]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0144]

Privacy Act of 1974; Department of Homeland Security United
States Immigration Customs and Enforcement--011 Immigration and
Enforcement Operational Records System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of amendment of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration and Customs Enforcement is updating
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement--011 Removable Alien Records
System of Records, January 28, 2009, and renaming it Department of
Homeland Security/U.S. Immigration and Customs Enforcement--011
Immigration and Enforcement Operational Records System of Records. With
the publication of this updated system of records, the Department of
Homeland Security is also retiring an existing system of records
titled, Department of Homeland Security/U.S. Immigration and Customs
Enforcement--Customs and Border Protection--U.S. Citizenship and
Immigration Services--001-03 Enforcement Operational Immigration
Records System of Records, March 20, 2006, and transferring certain law
enforcement and immigration records described therein that are owned by
U.S. Immigration and Customs Enforcement to this updated system of
records. Categories of individuals and categories of records have been
reviewed, and the purpose statement and routine uses of this system
have been updated to better reflect the current status of these
records. Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
This updated system will continue to be included in the Department of
Homeland Security's inventory of record systems.

DATES: Submit comments on or before March 31, 2010. This amended system
will be effective March 31, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0144 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 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: Lyn Rahilly (703-732-3300), Privacy
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street,
SW., Washington, DC 20536; or 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 is updating and reissuing Department of Homeland
Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)--011
Removable Alien Records System of Records (74 FR 4965, Jan. 28, 2009)
to include additional DHS records pertaining to the investigation,
arrest, booking, detention, and removal of persons encountered during
immigration and criminal law enforcement investigations and operations
conducted by DHS. This system of records is also being updated to
include records pertaining to fugitive aliens and aliens paroled into
the United States (U.S.) by ICE. The system of records is being renamed
DHS/ICE-011 Immigration and Enforcement Operational Records System of
Records (ENFORCE) to better reflect the nature and scope of the records
maintained.
DHS is updating this notice to include the following substantive
changes: (1) An update to the categories of records to include
clarifying language as well as to provide the Department of Justice
(DOJ) with DNA samples as required by 28 CFR Part 28; (2) the addition
of routine uses to (a) incorporate the routine uses that were already
part of the published DHS/ICE--011 Removable Aliens Records System of
Records (RARS) (74 FR 20719, May 5, 2009) into this newly consolidated
SORN, (b) provide information to individuals in the determination of
whether or not an alien has been removed from the U.S., (c) assist
agencies in collecting debts owed to them or the U.S. Government, (d)
allow sharing with the Department of State (DOS) for immigration
benefits and visa activities, as well as when DOS is contacted by
foreign governments to discuss particular matters involving aliens in
custody or other ICE enforcement matters that may involve identified
individuals, (e) allow the Office of Management and Budget (OMB) to
review the private immigration relief bill process in Congress, (f)
inform members of Congress about an alien who is being considered for
private immigration relief, (g) share operational information with
other law enforcement agencies to prevent conflicting investigations or
activities, (h) coordinate the transportation, custody, and care of
U.S. Marshals Service (USMS) prisoners, (i) allow third parties to
facilitate the placement or release of an alien who has been or are in
the process of being released from ICE custody, (j) provide information
about an alien who has or is in the process of being released from ICE
custody who may pose a health or safety risk, (k) to provide
information facilitating the issuance of an immigration detainer on an
individual in custody or the transfer of an individual to ICE or
another agency, (l) disclose DNA samples and related information as
required by Federal regulation, (m) to facilitate the transmission of
arrest information to the Department of Justice for inclusion in
relevant law enforcement databases and for the enforcement Federal
firearms licensing laws, and (n) to disclose information to persons
seeking to post or arrange immigration bonds. These updated routine
uses are compatible with the purpose of this system because

[[Page 9239]]

they sharing will assist ICE with its immigration and law enforcement
mission.
With the publication of this notice, DHS is also merging into the
DHS/ICE-011 ENFORCE System of Records certain records from an existing
system of records titled, DHS/ICE-CBP-CIS-001-03 Enforcement
Operational Immigration Records System of Records (71 FR 13987, March
20, 2006), and retiring that system of records. When last published,
DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration Records
System of Records covered biometric and biographic information
collected during DHS enforcement encounters and screening at ports of
entry. The system of records supported DHS in the identification,
investigation, apprehension, and/or removal of aliens unlawfully
entering or present in the U.S. and facilitated the legal entry of
individuals. The records described in DHS/ICE-CBP-CIS-001-03
Enforcement Operational Immigration Records System of Records were
owned by several components within DHS, specifically ICE, CBP, and
USCIS. After stewardship for the DHS biometric records database titled,
Automated Biometric Identification System (IDENT), which had been
covered by DHS/ICE-CBP-CIS-001-03 Enforcement Operational Immigration
Records System of Records, was transferred in 2006 to DHS's U.S.
Visitor and Immigrant Status Indictor Technology (US-VISIT) Program,
US-VISIT established a separate system of records titled, DHS/US-VISIT-
0012 Automated Biometric Identification System (IDENT) (72 FR 31080,
June 5, 2007) to cover records in that database. The remaining non-
IDENT records in DHS/ICE-CBP-CIS-001-03 Enforcement Operational
Immigration Records System of Records pertained to enforcement
encounters and admission screening of individuals at the border, and
were owned by ICE and CBP. Of those, CBP records are now covered by the
system of records titled, DHS/CBP-011 TECS System of Records (73 FR
77778, December 19, 2008), and ICE's records are now covered by the
DHS/ICE-011 ENFORCE System of Records, which is the subject of this
notice.

II. ENFORCE System of Records

The DHS/ICE-011 ENFORCE System of Records consists of paper and
electronic records related to the investigation, arrest, booking,
detention, and removal of persons encountered during immigration and
criminal law enforcement investigations and operations conducted by
DHS, including fugitive aliens and paroled aliens.

Criminal and Immigration Enforcement Records

The DHS/ICE-011 ENFORCE System of Records contains personal
information about individuals who are criminal suspects, alleged
immigration violators, and other individuals whose information may be
collected or obtained during the course of an immigration enforcement
or criminal matter (e.g., witnesses, associates, relatives). This
system of records will also contain biographical information of those
prisoners that ICE holds in its detention facilities for the USMS under
an interagency agreement. These records are maintained in an ICE-owned
and operated information technology system known as the Enforcement
Integrated Database (EID). Associated paper records are also
maintained. EID captures and maintains information related to the
investigation, arrest, booking, detention, and removal of persons
encountered during immigration and law enforcement investigations and
operations conducted by ICE. While CBP law enforcement personnel can
also create and access EID information, CBP records in EID are covered
by the DHS/CBP TECS System of Records.
The EID supports a variety of DHS law enforcement processes and
workflows, especially those related to the enforcement of immigration
laws. As an alleged immigration violator (i.e., subject) moves through
the enforcement process (e.g., arrest, booking, detention, or removal),
DHS personnel create, modify, and access the data stored in the EID's
central data repository. In addition to supporting the immigration
enforcement process, EID also supports DHS's arrest and booking of
subjects for violations of U.S. customs laws and other Federal criminal
laws. This updated system of records notice is being published
concurrently with the Privacy Impact Assessment (PIA) for ICE's EID
because information maintained in EID is described in this notice. The
EID PIA is available on the DHS Privacy Office Web site at http://www.dhs.gov/privacy.

Fugitive Alien Records

The DHS/ICE-011 ENFORCE System of Records also contains records
pertaining to ICE's efforts to identify, locate, apprehend and remove
fugitive aliens from the United States. Fugitive aliens are aliens
ordered and/or removed from the United States by a U.S. Immigration
Judge, but who failed to appear as ordered for removal. ICE maintains
records on aliens who are fugitives and collects information from other
government systems and commercial data sources to identify leads that
may reveal the fugitive's current location. ICE records are updated
when fugitive aliens are apprehended and removed by ICE. ICE's Fugitive
Case Management System (FCMS) is the information system in which these
records are maintained, and associated paper records are also
maintained. A PIA for FCMS is available on the DHS Privacy Office Web
site at http://www.dhs.gov/privacy.

Paroled Alien Records

Finally, the DHS/ICE-011 ENFORCE System of Records also contains
records pertaining to aliens who are paroled into the United States by
ICE. ICE maintains records on the individual aliens who are paroled
into the United States in order to track and manage parolees and ensure
they comply with the terms of parole. ICE's Parole Case Tracking System
(PCTS) is the information system in which these records are maintained,
and associated paper records are also maintained. A PIA for PCTS is in
progress and expected to be published in 2010.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-011 ENFORCE System of Records may be shared with
other DHS components, as well as appropriate Federal, State, local,
Tribal, foreign, or international government agencies. This sharing
will only take place after DHS determines that the receiving component
or agency has a need to know the information to carry out national
security, law enforcement, immigration, intelligence, or other
functions consistent with the routine uses set forth in this system of
records notice.
Portions of the DHS/ALL-011 ENFORCE System of Records are exempt
from one or more provisions of the Privacy Act because of criminal,
civil and administrative enforcement requirements. Individuals may
request information about records pertaining to them stored in the DHS/
ALL-011 ENFORCE System of Records as outlined in the ``Notification
Procedure'' section below. ICE reserves the right to exempt various
records from release. The Secretary of Homeland Security has exempted
portions of this system of records from subsections (c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8);
and (g) of the Privacy Act pursuant to 5 U.S.C. Sec. 552a(j)(2). In
addition, the Secretary of Homeland Security has exempted portions of
this system of records from

[[Page 9240]]

subsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) 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).

III. Privacy Act

The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the U.S. 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 U.S. 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 recordkeeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
ICE-011 Immigration and Enforcement Operational Records (ENFORCE)
System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.

SYSTEM OF RECORDS:
DHS/ICE-011

SYSTEM NAME:
Immigration and Enforcement Operational Records (ENFORCE).

SECURITY CLASSIFICATION:
Unclassified; Controlled Unclassified Information (CUI).

SYSTEM LOCATION:
Records are maintained at the U.S. Immigration Customs and
Enforcement (ICE) Headquarters in Washington, DC, ICE field and
attach[eacute] offices, and detention facilities operated by or on
behalf of ICE, or that otherwise house individuals detained by ICE.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include:
1. Individuals arrested, detained, and/or removed for criminal and/
or administrative violations of the Immigration and Nationality Act, or
individuals who are the subject of an ICE immigration detainer issued
to another custodial agency;
2. Individuals arrested by ICE law enforcement personnel for
violations of Federal criminal laws enforced by ICE or DHS;
3. Individuals who fail to leave the United States after receiving
a final order of removal, deportation, or exclusion, or who fail to
report to ICE for removal after receiving notice to do so (fugitive
aliens);
4. Individuals who are granted parole into the United States under
section 212(d)(5) of the Immigration and Nationality Act (parolees);
5. Other individuals whose information may be collected or obtained
during the course of an immigration enforcement or criminal matter,
such as witnesses, associates, and relatives;
6. Attorneys or representatives who represent individuals listed in
categories (a)-(d) above;
7. Persons who post or arrange bond for the release of an
individual from ICE detention, or receive custodial property of a
detained alien;
8. Personnel of other agencies who assisted or participated in the
arrest or investigation of an alien, or who are maintaining custody of
an alien; and
9. Prisoners of the U.S. Marshals Service held in ICE detention
facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
1. Biographic, descriptive, historical and other identifying data,
including but not limited to: Names; aliases; fingerprint
identification number (FIN); date and place of birth; passport and
other travel document information; nationality; aliases; Alien
Registration Number (A-Number); Social Security Number; contact or
location information (e.g., known or possible addresses, phone
numbers); visa information; employment, educational, immigration, and
criminal history; height, weight, eye color, hair color and other
unique physical characteristics (e.g., scars and tattoos).
2. Biometric data: Fingerprints and photographs. DNA samples
required by DOJ regulation (see 28 CFR Part 28) to be collected and
sent to the Federal Bureau of Investigation (FBI). DNA samples are not
retained or analyzed by DHS.
3. Information pertaining to ICE's collection of DNA samples,
limited to the date and time of a successful collection and
confirmation from the FBI that the sample was able to be sequenced. ICE
does not receive or maintain the results of the FBI's DNA analysis
(i.e., DNA sequences).
4. Case-related data, including: Case number, record number, and
other data describing an event involving alleged violations of criminal
or immigration law (location, date, time, event category, types of
criminal or immigration law violations alleged, types of property
involved, use of violence, weapons, or assault against DHS personnel or
third parties, attempted escape and other related information; event
categories describe broad categories of criminal law enforcement, such
as immigration worksite enforcement, contraband smuggling, and human
trafficking). ICE case management information, including: Case
category, case agent, date initiated, and date completed.
5. Birth, marriage, education, employment, travel, and other
information derived from affidavits, certificates, manifests, and other
documents presented to or collected by ICE during immigration and law
enforcement proceedings or activities. This data typically pertains to
subjects, relatives, and witnesses.
6. Detention data on aliens, including immigration detainers
issued; transportation information; detention-related identification
numbers; custodial property; information about an alien's release from
custody on bond, recognizance, or supervision; detention facility;
security classification; book-in/book-out date and time; mandatory
detention and criminal flags; aggravated felon status; and other
alerts.
7. Detention data for U.S. Marshals Service prisoners, including:
prisoner's name, date of birth, country of birth, detainee
identification number, FBI identification number, State identification
number, book-in date, book-out date, and security classification;
8. Limited health information relevant to an individual's placement
in an ICE detention facility or transportation requirements (e.g.,
general information

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on physical disabilities or other special needs to ensure that an
individual is placed in a facility or bed that can accommodate their
requirements). Medical records about individuals in ICE custody (i.e.,
records relating to the diagnosis or treatment of individuals) are
maintained in DHS/ICE--013 Alien Medical Records System of Records;
9. Progress, status and final result of removal, prosecution, and
other DHS processes and relating appeals, including: information
relating to criminal convictions, incarceration, travel documents and
other information pertaining to the actual removal of aliens from the
United States.
10. Contact, biographical and identifying data of relatives,
attorneys or representatives, associates or witnesses of an alien in
proceedings initiated and/or conducted by DHS including, but not
limited to: name, date of birth, place of birth, telephone number, and
business or agency name.
11. Data concerning personnel of other agencies that arrested, or
assisted or participated in the arrest or investigation of, or are
maintaining custody of an individual whose arrest record is contained
in this system of records. This can include: name, title, agency name,
address, telephone number and other information.
12. Data about persons who post or arrange an immigration bond for
the release of an individual from ICE custody, or receive custodial
property of an individual in ICE custody. This data may include: name,
address, telephone number, Social Security Number and other
information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 1225, 1226, 1324, 1357, 1360, and 1365(a)(b);
Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint Act of
2005 (Pub. L. 109-162); Adam Walsh Child Protection and Safety Act of
2006 (Pub. L. 109-248); and 28 CFR Part 28, ``DNA-Sample Collection and
Biological Evidence Preservation in the Federal Jurisdiction.''

PURPOSE(S):
The purposes of this system are:
1. To support the identification, apprehension, and removal of
individuals unlawfully entering or present in the United States in
violation of the Immigration and Nationality Act, including fugitive
aliens.
2. To support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of Federal criminal
laws enforced by DHS.
3. To track the process and results of administrative and criminal
proceedings against individuals who are alleged to have violated the
Immigration and Nationality Act or other laws enforced by DHS.
4. To support the grant, denial, and tracking of individuals who
seek or receive parole into the United States.
5. To provide criminal and immigration history information during
DHS enforcement encounters, and background checks on applicants for DHS
immigration benefits (e.g., employment authorization and petitions).
6. To identify potential criminal activity, immigration violations,
and threats to homeland security; to uphold and enforce the law; and to
ensure public safety.

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 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 (DOJ) or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, or 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
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 U.S. 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. DHS 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, 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, including to an actual or potential party or his or her
attorney, or in connection with criminal law proceedings.
I. To other Federal, State, local, or foreign government agencies,

[[Page 9242]]

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.
J. 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.
K. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
L. 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.
M. To foreign governments for the purpose of coordinating and
conducting the removal of aliens to other nations; and to
international, foreign, and intergovernmental agencies, authorities,
and organizations in accordance with law and formal or informal
international arrangements.
N. 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; (2) the
location of the alien if in DHS custody; or (3) the alien has been
removed from the United States, 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.
O. To the DOJ 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.
P. 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.
Q. To a Federal, State, Tribal or local government agency to assist
such agencies in collecting the repayment of recovery of loans,
benefits, grants, fines, bonds, civil penalties, judgments or other
debts owed to them or to the U.S. Government, and/or to obtain
information that may assist DHS in collecting debts owed to the U.S.
Government.
R. To the State Department in the processing of petitions or
applications for immigration benefits and non-immigrant visas under the
Immigration and Nationality Act, and all other immigration and
nationality laws including treaties and reciprocal agreements; or when
the State Department 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.
S. 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.
T. 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.
U. To a criminal, civil, or regulatory law enforcement authority
(whether Federal, State, local, territorial, Tribal, international or
foreign) where the information is necessary for collaboration,
coordination and de-confliction of investigative matters, to avoid
duplicative or disruptive efforts and for the safety of law enforcement
officers who may be working on related investigations.
V. To the U.S. Marshals Service concerning Marshals Service
prisoners that are or will be held in detention facilities operated by
or on behalf of ICE in order to coordinate the transportation, custody,
and care of these individuals.
W. To third parties to facilitate placement or release of an alien
(e.g., at a group home, homeless shelter, etc.) who has been or is
about to be released from ICE custody but only such information that is
relevant and necessary to arrange housing or continuing medical care
for the alien.
X. To an appropriate domestic government agency or other
appropriate authority for the purpose of providing information about an
alien who has been or is about to be released from ICE custody who, due
to a condition such as mental illness, may pose a health or safety risk
to himself/herself or to the community. ICE 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 alien's need to remain on certain medication for a serious mental
health condition).
Y. To the DOJ Federal Bureau of Prisons (BOP) 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 ICE to the other agency. This
will include the transfer of information about unaccompanied minor
children to the U.S. Department of Health and Human Services (HHS) to
facilitate the custodial transfer of such children from ICE to HHS.
Z. To DOJ, disclosure of DNA samples and related information as
required by 28 CFR Part 28.
AA. To DOJ, disclosure of arrest and removal information for
inclusion in relevant DOJ law enforcement databases and for use in the
enforcement Federal firearms laws (e.g., Brady Act).
BB. 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 recipient agencies'
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.
CC. Disclosure to victims regarding custodial information, such as
release on bond, order of supervision, removal from the United States,
or death in custody, about an individual who is the subject of a
criminal or immigration investigation, proceeding, or prosecution.
DD. To any person or entity to the extent necessary to prevent
immediate loss of life or serious bodily injury, (e.g., disclosure of
custodial release information to witnesses who have received threats
from individuals in custody.)
EE. 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,
or (2) posting the bond, obtaining payments related to the bond,

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or conducting other administrative or financial management activities
related to the bond.
FF. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance national security or
identify other violations of law.
GG. 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:
Information can be stored in case file folders, cabinets, safes, or
a variety of electronic or computer databases and storage media.

RETRIEVABILITY:
Records may be retrieved by name, identification numbers including,
but not limited to, alien registration number (A-Number), fingerprint
identification number, Social Security Number, case or record number if
applicable, case related data and/or combination of other personal
identifiers including, but not limited to, date of birth and
nationality.

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.

RETENTION AND DISPOSAL:
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in the Enforcement Integrated
Database (EID). ICE anticipates retaining records of arrests,
detentions and removals in EID for one-hundred (100) years; records
concerning U.S. Marshals Service prisoners for ten (10) years;
fingerprints and photographs collected using Mobile IDENT for up to
seven (7) days in the cache of an encrypted government laptop;
Enforcement Integrated Database Data Mart (EID-DM), ENFORCE Alien
Removal Module Data Mart (EARM-DM), and ICE Integrated Decision Support
(IIDS) records for seventy-five (75) years; user account management
records (UAM) for ten (10) years following an individual's separation
of employment from Federal service; statistical records for ten (10)
years; audit files for fifteen (15) years; and backup files for up to
one (1) month.
ICE anticipates retaining records from the Fugitive Case Management
System (FCMS) for ten (10) years after a fugitive alien has been
arrested and removed from the United States; 75 years from the creation
of the record for a criminal fugitive alien that has not been arrested
and removed; ten (10) years after a fugitive alien reaches 70 years of
age, provided the alien has not been arrested and removed and does not
have a criminal history in the United States; ten (10) years after a
fugitive alien has obtained legal status; ten (10) years after arrest
and/or removal from the United States for a non-fugitive alien's
information, whichever is later; audit files for 90 days; backup files
for 30 days; and reports for ten (10) years or when no longer needed
for administrative, legal, audit, or other operations purposes.

SYSTEM MANAGER AND ADDRESS:
Unit Chief, Law Enforcement Systems/Data Management, U.S.
Immigration and Customs Enforcement, Office of Investigations Law
Enforcement Support and Information Management Division, Potomac Center
North, 500 12th Street, SW., Washington, DC 20536.

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, ICE 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 ICE's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.''
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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;
and
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 in the system are supplied by several sources. In general,
information is obtained from individuals covered by this system, and
other Federal, State, local, Tribal, or foreign governments. More
specifically, DHS/ICE-011 records derive from the following sources:
(a) Individuals covered by the system and other individuals (e.g.,
witnesses, family members);
(b) Other Federal, State, local, Tribal, or foreign governments and
government information systems;

[[Page 9244]]

EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security has exempted portions of this
system of records from subsections (c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); 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 of records
from subsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) 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).
In addition, to the extent a record contains information from other
exempt systems of records, DHS will rely on the exemptions claimed for
those systems.

Dated: February 24, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-4099 Filed 2-26-10; 8:45 am]
BILLING CODE 9111-28-P