[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20844-20850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09902]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2018-0013]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security.
ACTION: Notice of Modified System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify, rename, and reissue a
current DHS U.S. Immigration and Customs Enforcement (ICE) system of
records titled, ``Department of Homeland Security (DHS)/U.S.
Immigration and Customs Enforcement (ICE)-007 Alien Criminal Response
Information Management (ACRIMe).'' This system of records allows the
Department to receive and respond to criminal history and immigration
status inquiries made by federal, state, and local law enforcement
agencies, and other federal agencies, including the Office of Personnel
Management (OPM) and the Department of Health and Human Services (HHS).
This system of records notice (SORN) covers records the Department
collects and maintains on individuals who are: Arrested; screened as
part of a background check to determine suitability for employment,
access, or other purposes; screened to verify or ascertain citizenship
or immigration status, immigration history, and criminal history to
inform an HHS determination regarding sponsorship of an unaccompanied
alien child; or otherwise encountered by federal, state, and local law
enforcement agencies. DHS may also use information maintained in this
system of records for other purposes consistent with its statutory
authorities.
As a result of a biennial review of this system, the Department is
updating this SORN to: Change the system of records name to Criminal
History and Immigration Verification (CHIVe); add one new category of
individuals to include individuals seeking approval from HHS to sponsor
an unaccompanied alien child and/or other adult members of the
potential sponsor's household; add one new category of records to
include biometrics for potential sponsors of an unaccompanied alien
child and/or other adult members of the potential sponsor's household;
expand a category of records to include screening to verify or
ascertain citizenship or immigration status, immigration history, and
criminal history for sponsorship of unaccompanied alien children; add a
[[Page 20845]]
new purpose of the system: To screen individuals to verify or ascertain
citizenship or immigration status, immigration history, and criminal
history to inform determinations regarding sponsorship of unaccompanied
alien children who are in the care and custody of HHS; add a new
routine use to describe how the DHS may share information from this
system of records with HHS; modify routine use (E) and add routine use
(F) to conform to Office of Management and Budget (OMB) Memorandum M-
17-12 ``Preparing for and Responding to a Breach of Personally
Identifiable Information'' (Jan. 3, 2017); revise the records retention
periods so that they align with the records schedule approved by the
National Archives and Records Administration (NARA); and clarify that
DHS may use information maintained in this system of records for other
purposes consistent with its statutory authorities.
Because this system will no longer cover information related to
public tips, ICE is also updating the SORN to: Remove two categories of
individuals; remove two categories of records; remove one routine use
that allows DHS to disclose reports of suspicious activity, tips,
potential violations of law, and other relevant information to external
law enforcement agencies; and remove four purposes for the collection
of information. Additionally, this notice includes non-substantive
changes to simplify the formatting and text of the previously published
notice. This modified system of records will be included in DHS's
inventory of record systems. ICE will issue a new Privacy Act
rulemaking, elsewhere in the Federal Register.
DATES: Submit comments on or before June 7, 2018. This modified system
of records notice will be effective upon publication. New or modified
routine uses will be effective June 7, 2018.
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0013 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number for this notice DHS-2018-0013. 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:
Amber Smith, Privacy Officer, U.S. Immigration and Customs Enforcement,
Washington, DC 20536-5600, (202) 732-3300, [email protected]. For
privacy questions, please contact: Philip S. Kaplan,
[email protected], (202) 343-1717, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS,
U.S. Immigration and Customs Enforcement (ICE) proposes to modify,
rename, and reissue a current DHS system of records notice (SORN)
titled, ``DHS/ICE-007 Alien Criminal Response Information Management
(ACRIMe),'' 78 FR 10623 (Feb. 14, 2013).
The DHS/ICE update to ACRIMe includes several changes. First, the
system of records is being renamed ``Criminal History and Immigration
Verification (CHIVe)'' to better align with the purpose of the system.
This system of records covers records documenting inquiries received
from federal, state, and local law enforcement agencies so ICE can
check the immigration status and criminal history of individuals who
are arrested or otherwise encountered by those agencies; and other
federal agencies for screening (including as part of background checks
being conducted by those agencies) to inform those agencies'
determinations regarding suitability for employment, access,
sponsorship of an unaccompanied alien child, or other purposes or
otherwise encountered by those agencies.
Second, DHS is adding a purpose of the system, as ICE will now
screen individuals seeking approval from HHS to sponsor an
unaccompanied alien child, as well as other adult members of the
potential sponsor's household, to verify or ascertain citizenship or
immigration status, immigration history, and criminal history.
Third, DHS is clarifying that DHS may use information maintained in
this system of records for other purposes consistent with its statutory
authorities.
Fourth, this update adds a new category of individuals: Those
seeking approval from HHS to sponsor an unaccompanied alien child and/
or other adult members of the potential sponsor's household.
Fifth, DHS is adding one category of records to include biometrics
for potential sponsors and/or other adult members of the potential
sponsor's household. DHS has also modified a category of records to
include citizenship or immigration status and criminal and immigration
history information for sponsorship of unaccompanied alien children.
Sixth, DHS is adding one new routine use that would allow ICE to
share from this system of records the results of screening of potential
sponsors and adult members of their households with HHS to inform HHS's
determination whether to grant sponsor applications. Below is a summary
of the new routine use and its corresponding letter:
(HH) To HHS, the citizenship or immigration status, immigration
history, criminal history information, and other biographic information
of potential sponsors for unaccompanied alien children and other adult
members of the potential sponsors' households to inform an HHS
determination regarding sponsorship of an unaccompanied alien child.
DHS is also modifying routine use (E) and adding routine use (F) to
conform to Office of Management and Budget (OMB) Memorandum M-17-12
``Preparing for and Responding to a Breach of Personally Identifiable
Information'' (Jan. 3, 2017). All following routine uses are being
renumbered to account for the additional routine use.
Seventh, DHS is revising the records retention periods so that they
align with the records retention schedule approved by the National
Archives and Records Administration (NARA).
Finally, DHS is modifying this SORN since this system will no
longer store information pertaining to the collection, processing, and
response to public tip information concerning customs and immigration
violations, suspicious activity, or other law enforcement matters. ICE
will continue to collect information about individuals reporting tips,
the subjects of such tips, and any information ICE collects in
following up on a tip in the DHS/ICE-016 FALCON Search and Analysis
System of Records, 82 FR 20905 (May 4, 2017).
As a result, the following changes are being made: (1) Two
categories of individuals are being removed from the system--
individuals who report tips and individuals about whom those reports
are made; (2) two categories of records are being removed from the
system--those public tip records, which consist of information
contained in tips
[[Page 20846]]
received from the public or other sources regarding customs and
immigration violations, other actual or potential violations of law,
and suspicious activities; and also records created pertaining to ICE's
follow-up activities regarding a tip; (3) one routine use is being
removed from the system that allows DHS to disclose reports of
suspicious activity, tips, potential violations of law, and other
relevant information to external law enforcement agencies; and (4) four
purposes for the collection of information are being removed from the
system. Purpose (4) in the prior iteration of this SORN has been
removed as it pertains to public tip records. Purposes (5), (6), and
(7) have been removed since these purposes are more focused on ICE's
Law Enforcement Support Center (LESC) rather than the system as a
whole.
Information stored in the DHS/ICE-007 Criminal History and
Immigration Verification (CHIVe) 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, ICE
may share information with appropriate federal, state, local, tribal,
territorial, foreign, or international government agencies consistent
with the routine uses set forth in this SORN. This modified system of
records will be included in DHS's inventory of record systems. Further,
ICE will issue a new rule covering exemptions for this modified SORN
elsewhere in the Federal Register.
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, the Judicial Redress Act (JRA)
provides covered persons with a statutory right 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/ICE-007 Criminal History and
Immigration Verification (CHIVe) 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 NAME AND NUMBER:
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-007 Criminal History and Immigration Verification
(CHIVe) System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the ICE Headquarters in Washington, DC
and ICE field offices. Records are also maintained in the ACRIMe
information technology system, and the DHS Data Centers in Washington,
DC.
SYSTEM MANAGER(S):
Unit Chief, Law Enforcement Support Center, U.S. Immigration and
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495; Unit Chief,
Juvenile and Family Residential Management Unit, U.S. Immigration and
Customs Enforcement, 500 12th Street SW, Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. secs. 1103, 1226, 1227, 1228, 1231, 1232, 1357, 1360; 19
U.S.C. 1589a; and the Brady Handgun Violence Protection Act of 1993
(Pub. L. 103-159).
PURPOSE(S) OF THE SYSTEM:
The purposes of this system are: (1) To assist in identifying and
arresting individuals in the United States who may be subject to
removal under the Immigration and Nationality Act, as amended; (2) To
respond to inquiries from criminal justice agencies that seek to
determine the immigration status of an individual in the context of a
criminal justice matter for the purpose of identifying and arresting
those who may be subject to removal; (3) To screen individuals to
verify or ascertain citizenship or immigration status, immigration
history, and criminal history to inform determinations regarding
sponsorship of unaccompanied alien children who are in the care and
custody of HHS and to identify and arrest those who may be subject to
removal; and (4) To inform criminal justice agencies and agencies
conducting background checks whether an individual is under
investigation and/or wanted by ICE or other criminal justice agencies.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered in this system include:
(1) Individuals who are the subjects of immigration status
inquiries submitted to ICE or immigration checks conducted by ICE,
including:
A. Individuals who are encountered by, arrested by, under the
investigation of, or in the custody of a criminal justice agency.
B. Individuals convicted of sexual offenses required to register as
a sexual offender.
C. Individuals subject to background checks or investigations by or
under the authority of a federal, state, local, tribal, or territorial
agency to determine eligibility or suitability for employment, access,
or other purposes.
D. Individuals applying to obtain/purchase a firearm in the United
States and whose information has been submitted to ICE for the purpose
of conducting an immigration status check in support of background
checks required by the Brady Handgun Violence Protection Act (Brady
Act) or other applicable laws.
(2) Individuals who are the subjects of criminal arrest warrants
and immigration lookouts that ICE has entered into the Federal Bureau
of Investigation's (FBI) National Crime Information Center (NCIC)
System.
(3) Individuals seeking approval from HHS to sponsor an
unaccompanied alien child, and/or other adult members of the potential
sponsor's household.
(4) Law enforcement officers or other personnel working for
criminal justice agencies who contact ICE for reasons relating to the
purposes of this system of records, or for other law enforcement
assistance.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include:
Biographic identifiers, other identifiers, and contact
information (e.g., name, aliases, date and place of birth, address,
telephone number, Social Security number (SSN), Alien Registration
Number (A-Number), driver's license number, other personal
identification numbers, fingerprint identification number, passport
number);
Visa, border, immigration and citizenship information
(e.g., citizenship and/or immigration status, application
[[Page 20847]]
for benefit information, visa and travel history);
Criminal history information (e.g., FBI number, booking
number, current charge[s], custodial status, past offenses and
convictions);
NCIC hit confirmation records, which consist of
information supporting the entry of criminal warrants or immigration
lookouts into the NCIC system, such as criminal arrest warrant
information, fingerprints and photographs, other information
identifying the individual, and records reflecting the purpose/basis
for the warrant or lookout. Records of inquiries received from criminal
justice agencies regarding potential matches against ICE-created NCIC
records, and records pertaining to ICE's research, resolution, and
response to those inquiries;
Background investigation records, which consist of
identifying and other information received from agencies requesting an
immigration status check and/or criminal history check on individuals
as part of a background check for employment, gun ownership, or other
reasons; research conducted by ICE during the conduct of the
immigration status check; and ICE's research, resolution, and response
to those inquiries;
Sponsor screening records, which consist of identifying
and other information received from HHS regarding potential sponsors of
unaccompanied alien children and other adult members of the potential
sponsor's household; research conducted by ICE during such screening;
and ICE's response to those inquiries.
Biometric identifiers (potential sponsors for
unaccompanied alien children and other adult members of the potential
sponsors' household only);
Criminal justice immigration status check records, which
consist of identifying and other information received from criminal
justice agencies requesting an immigration status check on individuals
in the context of a criminal justice matter; prioritization of
requests; research conducted by ICE during the conduct of the
immigration status check; and ICE's research, resolution, and response
to those inquiries;
Information received pursuant to the activities supported
by this system of records, including leads for ICE investigations and
referrals to other agencies; and
Identification and authentication information for law
enforcement officers or other criminal justice personnel who contact
ICE.
RECORD SOURCE CATEGORIES:
Records are obtained from ICE, other federal, state, local, tribal,
foreign, and international criminal justice entities (e.g., law
enforcement agencies, investigators, prosecutors, correctional
institutions, police departments, and parole boards), and other Federal
Government agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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), including the U.S. Attorneys
Offices, or other federal agency conducting litigation or 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, only when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the 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.
G. 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.
H. 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.
I. To federal, state, local, tribal, territorial, foreign, or
international agencies, if the information is relevant and necessary to
a requesting agency's decision concerning individuals who are being
screened with respect to their participation in, attendance at, or
other relation to a national or special security event.
J. 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.
K. To federal, state, local, tribal, territorial, or international
agencies 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.
[[Page 20848]]
L. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings (including discovery, presentation of evidence,
and settlement negotiations) and when DHS determines that use of such
records is relevant and necessary to the litigation before a court or
adjudicative body when any of the following is a party to or have an
interest in the 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 when the
Government has agreed to represent the employee; or
4. The United States, when DHS determines that litigation is likely
to affect DHS or any of its components.
M. 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 to DHS from the other agency.
N. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, territorial
government agencies, or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and 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.
O. To federal, state, local, tribal, territorial, or foreign
government agencies, 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 or to elicit information required by DHS to carry out its
functions and statutory mandates.
P. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
Q. To 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.
R. 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.
S. To the Department of State when it 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.
T. To federal, state, local, territorial, tribal, international, or
foreign criminal, civil, or regulatory law enforcement authorities when
the information is necessary for collaboration, coordination, and de-
confliction 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.
U. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies,
with the approval of the Chief Privacy Officer, when DHS desires to
exchange relevant data for the purpose of developing, testing, or
implementing new software or technology whose purpose is related to
this system of records.
V. To prospective claimants and their attorneys for the purpose of
negotiating the settlement of an actual or prospective claim against
DHS or its current or former employees, in advance of the initiation of
formal litigation or proceedings.
W. 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 disclosure is to support the conduct of national
intelligence and security investigations or to assist in anti-terrorism
efforts.
X. To the DOJ, Federal Bureau of Investigation (FBI) in order to
facilitate responses to fingerprint-based immigration status queries
that are sent to ICE, including queries that the FBI sends on behalf of
another agency.
Y. To federal, state, local, tribal, territorial, international, or
foreign government agencies or entities 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. To verify the identity of an individual seeking redress in
connection with the operations of a DHS component or program; or
3. To verify the accuracy of information submitted by an individual
who has requested such redress on behalf of another individual.
Z. To federal, state, local, tribal, territorial, foreign, or
international agencies, if the information is relevant and necessary to
a requesting agency's decision concerning the hiring or retention of an
individual, or the issuance, grant, renewal, suspension, or revocation
of a security clearance, license, contract, grant, or other benefit; or
to the extent necessary to obtain information relevant and necessary 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.
AA. To federal, state, local, tribal, territorial, foreign, or
international agencies, if DHS determines (1) the information is
relevant and necessary to the agency's decision concerning the hiring
or retention of an individual, or the issuance of a security clearance,
license, contract, grant, or other benefit, and (2) failure to disclose
the information is likely to create a risk to government facilities,
equipment, or personnel; sensitive information; critical
infrastructure; or the public safety.
BB. To federal, state, local, tribal, territorial, foreign, or
international agencies seeking information on the subjects of wants,
warrants, or lookouts, or any other subject of interest, for purposes
related to administering or enforcing the law, national security,
immigration, or intelligence, when consistent with a DHS mission-
related function.
CC. To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence.
DD. To foreign governments in order to notify them concerning an
alien who is incapacitated, an unaccompanied minor, or deceased.
EE. To federal, state, local, tribal, and territorial courts or
government agencies involved in criminal investigation or
[[Page 20849]]
prosecution, pretrial services, sentencing, parole, probation, bail
bonds, child welfare services, or any other aspect of the criminal
justice process, and to counsel representing an individual in a
criminal, civil, or child welfare proceeding, in order to ensure the
integrity of the justice system by informing these recipients of the
existence of an immigration detainer on that individual or that
individual's status in removal proceedings, including removal,
voluntary departure, or custodial status/location. Disclosure of that
individual's Alien Registration Number (A-Number) and country of birth
is also authorized to facilitate use of the ICE Online Detainee Locator
System by the aforementioned individuals and agencies. This routine use
does not authorize disclosure to bail bond companies or agents.
FF. To appropriate federal, state, local, tribal, foreign or
international criminal justice agencies, or other authorized users of
NCIC, to respond to inquiries regarding a person who is or may be the
subject of an ICE-generated NCIC criminal arrest warrant or immigration
lookout record.
GG. To the U.S. Department of Health and Human Services (HHS), the
citizenship or immigration status, immigration history, criminal
history information, and other biographic information of potential
sponsors for unaccompanied alien children and other adult members of
the potential sponsors' households to inform an HHS determination
regarding sponsorship of an unaccompanied alien child.
HH. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure 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 information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/ICE stores records in this system 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/ICE retrieves records by personal, biographic, or biometric
identifiers such as name, date of birth, place of birth, address, A-
Number(s), FBI criminal history number(s), Social Security number,
Fingerprint Identification Number, and passport number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with Records Control Schedule DAA-0567-2017-0002, ICE
retains the Immigration Alien Query (IAQ) and Immigration Alien
Response (IAR) records pertaining to traditional law enforcement
checks, non-criminal biographical and biometric investigations; and
ICE-generated FBI NCIC records for seventy-five (75) years. Records
collected pursuant to the Brady Act, special security events, and OPM
checks will be kept for five (5) years from the date an immigration
status determination is made and an IAR returned, after which the
records will be deleted from the ACRIMe information technology system.
Furthermore, ICE is proposing to NARA to maintain records pertaining to
the sponsorship of unaccompanied alien children for five (5) years.
Until these records are officially scheduled, they will be treated as
permanent and cannot be deleted.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/ICE safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. ICE 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 Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the JRA if applicable, because it is a law enforcement system.
However, DHS/ICE 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
ICE Freedom of Information Act (FOIA) Officer, whose contact
information can be found at http://www.dhs.gov/foia under ``Contact
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 JRA provides a
right of access, certain records about the individual may be available
under FOIA.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his or her
identity, meaning that the individual must provide his or her full
name, current address, and date and place of birth. The individual must
sign the request, and the individual's 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, an individual may
obtain forms for this purpose from the Chief Privacy Officer and Chief
FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition,
the individual should:
Explain why he or she believe the Department would have
information being requested;
Identify which component(s) of the Department the
individual believes may have the information about him or her;
Specify when the individual believes 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 an individual's request is seeking records pertaining to another
living individual, the first individual must include a statement from
the second individual certifying his/her agreement for the first
individual to access his or her records.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest the accuracy of records in this
system of records should submit these requests to
[[Page 20850]]
the ICE Office of Information Governance and Privacy--Privacy Division.
Requests must comply with verification of identity requirements set
forth in DHS Privacy Act regulations at 6 CFR 5.21(d). Please specify
the nature of the complaint and provide any supporting documentation.
By mail (please note substantial delivery delays exist): ICE Office of
Information Governance and Privacy--Privacy Division, 500 12th Street
SW, Mail Stop 5004, Washington, DC 20536. By email:
[email protected]. Please contact the Privacy Division with any
questions about submitting a request or complaint at 202-732-3300 or
[email protected].
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act: 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), and (e)(8); (f); and
(g). Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(2), has exempted this system from the following
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), and (e)(1),
(e)(4)(G), (e)(4)(H), and (f). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553(b), (c), and (e) and
have been published in the Federal Register as additions to Title 28,
Code of Federal Regulations (28 CFR 16.99). In addition, to the extent
a record contains information from other exempt systems of records, ICE
will rely on the exemptions claimed for those systems.
HISTORY:
78 FR 10623 (Feb. 14, 2013); 75 FR 8377 (Feb. 24, 2010); 74 FR
45079 (Aug. 31, 2009); 73 FR 74739 (Dec. 9, 2008).
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-09902 Filed 5-7-18; 8:45 am]
BILLING CODE 9111-28-P