[Federal Register Volume 89, Number 129 (Friday, July 5, 2024)]
[Notices]
[Pages 55638-55645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14768]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2023-0011]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security, U.S. Immigration and Customs
Enforcement.
ACTION: Notice of a 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 and reissue a current DHS
system of records titled, ``DHS/U.S. Immigration and Customs
Enforcement (ICE)-011 Criminal Arrest Records and Immigration
Enforcement Records
[[Page 55639]]
(CARIER) System of Records.'' DHS/ICE collects, uses, and maintains
CARIER records to support the identification, apprehension, and removal
of aliens (a term defined in law but used hereinafter as ``non-
citizens'') unlawfully entering or present in the United States in
violation of the Immigration and Nationality Act (INA), including
fugitive non-citizens. DHS/ICE also uses CARIER to support the
identification and arrest of individuals (both citizens and non-
citizens) who commit violations of federal laws enforced by DHS. DHS/
ICE is reissuing this system of records notice to update the purpose of
the system, add new categories of individuals, add new categories of
records, and modify, remove, and propose new routine uses.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. This
modified system will be included in the Department's inventory of
record systems.
DATES: Submit comments on or before August 5, 2024. This modified
system will be effective August 5, 2024.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2023-0011 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: Mason C. Clutter, 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 ICEB-2023-0011. 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Ieshah Geary, Privacy Officer, Office of Information Governance and
Privacy, [email protected], U.S. Immigration and
Customs Enforcement, 500 12th Street SW, Mail Stop 5004, Washington, DC
20536. For privacy questions, please contact: Mason C. Clutter, (202)
343-1717, [email protected], Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/ICE
proposes to modify and reissue a current DHS system of records titled,
``DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement
Records (CARIER) System of Records.'' DHS/ICE maintains the CARIER
system of records to support the identification, apprehension, and
removal of individuals unlawfully entering or present in the United
States; and to support the identification and arrest of individuals who
commit violations of federal laws enforced by DHS.
DHS/ICE is modifying and reissuing this system of records notice to
update the purpose of the system to include the following purposes: (1)
to monitor individuals unlawfully entering or present in the United
States in violation of the Immigration and Nationality Act, including
non-detained non-citizens; (2) to support geolocation tracking,
biometric verification, and rapid enrollment of non-citizens into the
ICE Enforcement and Removal Operations (ERO) Alternatives to Detention
(ATD) program; and (3) to improve coordination necessary to efficiently
transfer/transport individuals from the U.S. Customs and Border
Protection (CBP) to ICE and subsequently from ICE to various family
residential centers and detention facilities. DHS/ICE is also updating
the categories of individuals covered by this system of records to
include those individuals on the ``non-detained'' docket and
Alternatives to Detention program. Additionally, DHS/ICE is updating
the categories of records to include geolocation records derived from
technologies such as the Global Positioning System (GPS) and records
pertaining to family unit identification number (FAMU ID).
ICE is also removing several routine uses from the previous system
of records notice. After careful review and consideration, ICE is
removing previous redundancies to ensure the System of Records Notice
is focused solely on the system's purpose, categories of individuals,
records, and routine uses for the identification, apprehension, and
removal of non-citizens unlawfully present in the United States. The
previous routine uses have been removed: Routine Use O, Routine Use S,
Routine Use V, Routine Use Z, Routine Use AA, Routine Use BB, Routine
Use JJ, and Routine Use YY.
Finally, DHS/ICE is proposing to modify and add the following
routine uses:
Modify routine use (E) and add routine use (F) to allow
DHS/ICE to share records with appropriate federal agencies or entities
when reasonably necessary to respond to a breach of personally
identifiable information and to prevent, minimize, or remedy the risk
of harm to individuals or the Federal Government, or assist an agency
in locating individuals affected by a breach in accordance with Office
of Management and Budget (OMB) Memorandum M-17-12 ``Preparing for and
Responding to a Breach of Personally Identifiable Information,'' (Jan.
3, 2017).
Add routine use (XX) to allow ICE to share records through
the Law Enforcement Information Sharing Service (LEISS) with federal,
state, local, tribal, regional, foreign, or international law
enforcement agencies that are party to a LEISS Memorandum of Agreement.
LEISS is a non-public facing web service that functions as a bi-
directional data sharing system between DHS and member agencies for the
purpose of criminal law enforcement, homeland/national security, or
applicant background investigations.
Add routine use (YY) to allow ICE to share information
with an appropriate federal, state, local, tribal, territorial,
foreign, or international agency and third-party organizations
assisting in the repatriation of non-citizens who are returning
voluntarily to their home countries.
The Routine Use Section is also being renumbered to account for the
added and removed routine uses listed above. Non-substantive language
changes have been made to the added routine uses to clarify disclosure
policies that are standard across DHS and to align with previously
published DHS system of records notices.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-011 CARIER 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, DHS/
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 system of records
notice. This modified system will be included in DHS's inventory of
records systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the statutory framework governing the means by which Federal
Government agencies collect, maintain,
[[Page 55640]]
use, and disseminate individuals' records. The Privacy Act applies to
information that is maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. In the Privacy Act, an individual is
defined to encompass U.S. citizens and lawful permanent residents.
Additionally, and similarly, the Judicial Redress Act (JRA) provides a
statutory right to covered persons to make requests for access to and
amendment of covered records, as defined by the Judicial Redress Act,
along with judicial review for denials of such requests. In addition,
the Judicial Redress Act prohibits disclosures of covered records,
except as otherwise permitted by the Privacy Act.
Below is the description of the DHS/ICE-011 CARIER 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)-011 Criminal Arrest Records and Immigration
Enforcement Records (CARIER).
SECURITY CLASSIFICATION:
Unclassified. The data may be retained on classified networks, but
this does not change the nature and character of the data until it is
combined with classified information.
SYSTEM LOCATION:
Records are maintained in DHS/ICE information technology (IT)
systems (e.g., the Enforcement Integrated Database (EID) and their
associated ICE applications. and contractor-owned IT systems, including
those supporting the ICE Alternatives to Detention program). Records
are also maintained in associated electronic and paper files located at
ICE Headquarters in Washington, DC, ICE field and attach[eacute]
offices, contractor offices, and detention facilities operated by or on
behalf of ICE, or that otherwise house individuals arrested or detained
by ICE. Finally, records are replicated from the operational DHS/ICE IT
systems and maintained on DHS unclassified and classified networks used
for analysis and vetting.
SYSTEM MANAGER(S):
Executive Associate Director, Office of Enforcement and Removal
Operations, U.S. Immigration & Customs Enforcement, 500 12th Street SW,
Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintaining this system is in sections 103, 235, 236,
274, 287, and 290 of the Immigration and Nationality Act (INA), 8
United States Code, sections 1103, 1225, 1226, 1324, 1357, 1360, and
1365(a)(b); Title 18, United States Code, Chapters 27, 77, 85, 95,
109A, 110, 113, and 117; Title 31, United States Code, Chapter 53,
Subchapter II; Title 50 Appendix, United States Code; The Tariff Act of
1930; 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) OF THE SYSTEM:
The purposes of this system are:
1. To support the identification, arrest, charging, monitoring,
detention, and/or removal of individuals unlawfully entering or present
in the United States in violation of the INA, including fugitive non-
citizens, non-detained non-citizens, and non-lawful re-entrants.
2. To support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of criminal laws
enforced by DHS/ICE.
3. To track the process and results of administrative and criminal
proceedings, including compliance with court orders and hearing dates,
against individuals who are alleged to have violated the INA or other
laws enforced by DHS.
4. To support the grant or denial of parole 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 to support 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 ensure public safety, and to
uphold laws enforced by DHS.
7. To support the geolocation tracking, biometric verification, and
rapid enrollment of non-citizens into the ICE Alternatives to Detention
program.
8. To improve the coordination necessary to efficiently transfer/
transport individuals from CBP to ICE and from ICE to various detention
facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include: (1)
individuals arrested, detained, or removed from the United States for
criminal or administrative violations of the INA, or individuals issued
a Notice to Appear in immigration court; (2) individuals who are the
subject of an immigration detainer issued to another law enforcement or
custodial agency; (3) individuals arrested by ICE for violations of
criminal laws enforced by ICE or DHS; (4) 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 non-citizens); (5)
individuals who non-lawfully re-enter the United States after departing
pursuant to an order of voluntary departure or being removed from the
United States (non-lawful re-entrants); (6) individuals who request to
be removed at their own expense or are eligible for voluntary removal
from the United States pursuant to section 250 of the INA; (7)
individuals who are granted parole into the United States under section
212(d)(5) of the INA (parolees); (8) individuals awaiting immigration
proceedings under a ``non-detained'' or Alternatives to Detention
program; (9) 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; (10) persons who
post or arrange bond for the release of an individual from ICE
detention, or receive custodial property of a detained non-citizen;
(11) prisoners of the U.S. Marshals Service held in ICE detention
facilities; and (12) attorneys or representatives who represent
individuals listed in the categories above.
CATEGORIES OF RECORDS IN THE SYSTEM:
Biographic, biometric, descriptive, historical, and other
identifying data, including:
Full name;
Alias(es);
A-Number;
Social Security number (SSN);
Date of birth;
Place of birth;
Nationality;
Fingerprint Identification Number (FIN);
Federal Bureau of Investigation (FBI) number;
[[Page 55641]]
Other unique identifying numbers (e.g., federal, state,
local, and tribal identification numbers);
Government-issued identification (e.g., passport, driver's
license):
[cir] Document type;
[cir] Issuing organization;
[cir] Document number;
[cir] Expiration date;
Visa information;
Contact or location information (e.g., known or possible
addresses, phone numbers);
Employment history;
Education history;
Immigration history (e.g., citizenship/naturalization
certificate number, removals, explanations);
Domestic and foreign criminal history (e.g., arrest,
charges, dispositions, and sentencing, corresponding dates,
jurisdictions);
Physical description (e.g., height, weight, eye color,
hair color, race, ethnicity, identifying marks like scars, tattoos, or
birthmarks); and
Biometric data (i.e., fingerprints, voiceprints, iris
images, photographs, facial verification images/templates, and DNA
samples).
[cir] DNA samples required by DOJ regulation (see 28 CFR part 28)
are collected and sent to the FBI. DNA samples are not retained or
analyzed by DHS, nor does ICE receive or maintain the results of the
FBI's DNA analysis (i.e., DNA sequences).
[cir] Information pertaining to ICE's collection of DNA samples,
limited to the date and time of successful collection and confirmation
from the FBI that the sample was able to be sequenced, is maintained by
ICE and DHS.
Case-related data:
Case number;
Family unit identification number ID numbers;
Record number;
Case category;
Description of charges and disposition of arrest;
Case agent;
Data initiated and completed;
Location-related data, including geotags from metadata
associated with other record categories collected; geographical
indicators; and geolocation information (e.g., GPS) derived from the
ICE Alternatives to Detention program;
National Sex Offender Registry (NSOR) status; and
Other data describing an event involving alleged
violations of criminal or immigration law (i.e., location; date; time;
type of criminal or immigration law violations alleged; type of
property involved; use of violence, weapons, or assault against DHS
personnel or third parties; attempted escape; and other related
information).
Information presented to or collected by ICE during immigration and
law enforcement proceedings or activities:
Date of birth;
Place of birth;
Marital status;
Education history;
Employment history;
Travel history; and
Other information derived from affidavits, certificates,
manifests, and other documents. This data typically pertains to
subjects, relatives, associates, and witnesses.
Detention data on non-citizens:
Immigration detainers issued;
Transportation information;
Detention-related identification numbers;
Detention facility;
Security, risk, and custody classification;
Custody recommendation and status;
Flight risk indication;
Book-in/book-out date and time;
Mandatory detention and criminal flags;
Aggravated felon status;
Other alerts (e.g., gang affiliation, community ties,
health accommodation, humanitarian or medical considerations);
Information about a non-citizen's release from custody on
bond, recognizance, or supervision;
Information related to prosecutorial discretion
determinations;
Property inventory and receipt;
Information related to disciplinary issues or grievances;
Documents and video recordings related to alleged
misconduct and other incidents involving detainees; and
Other detention-related information (e.g., documentation
of an allegation of sexual abuse or assault, documentation of strip and
body cavity searches, documentation of reasons for segregation or other
housing placement, documentation of participation in the orientation
process).
Detention data for U.S. Marshals Service prisoners:
Full name;
Date of birth;
Country of birth;
Identification numbers (e.g., detainee, FBI, state);
Book-in/book-out date and time; and
Security classification.
Limited health information relevant to an individual's placement in
an ICE detention facility or transportation requirements:
Medical alerts, mental competency, or general information
on physical disabilities or other special needs or vulnerabilities to
facilitate placement in a facility or bed that best accommodates these
needs. 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.
Progress, status, and final result of removal, prosecution, and
other DHS processes and related appeals:
Information relating to criminal convictions;
Incarceration;
Travel documents; and
Other information pertaining to the actual removal of non-
citizens from the United States.
Contact, biographical, and identifying data about Relatives,
Attorneys, Representatives, Associates, or Witnesses of a noncitizen in
proceedings initiated or conducted by DHS may include:
Full name;
Date of birth;
Place of birth; and
Contact or location information (e.g., addresses, phone
numbers, and business or agency name).
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 may include:
Full name;
Title; and
Contact or location information (e.g., addresses, phone
numbers, and business or agency name).
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 may include:
Full name;
Address;
Phone numbers; and
Social Security number.
Recordings of detainee telephone calls when responding as part of
an alternative to detention program or of detainee calls made in
detention facilities. Information about these calls may include:
Date;
Time;
Duration; and
Phone number called. (Note: protected telephone calls,
such as calls with an attorney, are not recorded and information about
protected telephone calls is not retained.)
Information related to detainees' accounts for telephone or
commissary services in a detention facility.
[[Page 55642]]
RECORD SOURCE CATEGORIES:
Records are obtained from 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;
(c) Business records;
(d) Evidence, contraband, and other seized material; and
(e) Public and commercial sources, including social media.
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 Offices of the
United States Attorneys, or other federal agencies conducting
litigation or in proceedings before any court, adjudicative, or
administrative body, when it is relevant and 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 their official
capacity;
3. Any employee or former employee of DHS in their individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. secs. 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 an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To 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.
I. 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.
J. To appropriate 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 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.
K. To federal, state, local, tribal, or territorial government
agencies, or other entities or individuals, or through established
liaison channels to selected foreign governments, to provide
intelligence, counterintelligence, or other information for the
purposes of national security, intelligence, counterintelligence, or
antiterrorism activities authorized by U.S. law, Executive Order, or
other applicable national security directive.
L. 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.
M. To any federal agency to enable such agency to make
determinations regarding the payment of federal benefits to the record
subject in accordance with that agency's statutory responsibilities.
N. To foreign governments for the purpose of coordinating and
conducting the removal of non-citizens from the United States to other
nations under the Immigration and Nationality Act; and to
international, foreign, intergovernmental, and multinational agencies,
authorities, and organizations in accordance with law and formal or
informal international arrangements.
O. To the DOJ Executive Office of Immigration Review (EOIR) or its
contractors, consultants, or others performing or working on a contract
for EOIR, for the purpose of providing information about non-citizens
who are or may be placed in removal proceedings so that EOIR may
arrange for the provision of educational services to those non-citizens
under EOIR's Legal Orientation Program, or for other purposes or
activities within the scope of the EOIR contract.
P. To disclose information to the DOJ EOIR and to the Board of
Immigration Appeals, to the extent necessary to carry out their
authorized duties pertaining to the adjudication of matters arising
under the Immigration and Nationality Act.
Q. To attorneys or legal representatives for the purpose of
facilitating group presentations to non-
[[Page 55643]]
citizens in detention that will provide the non-citizens with
information about their rights under U.S. immigration law and
procedures.
R. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements; or when the Department of State requires
information to consider or provide an informed response to a request
for information from a foreign, international, or intergovernmental
agency, authority, or organization about a non-citizen or an
enforcement operation with transnational implications.
S. 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.
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 the U.S. Marshals Service (USMS) concerning USMS prisoners
that are or will be held in detention facilities operated by or on
behalf of ICE, and to federal, state, local, tribal, or territorial law
enforcement or correctional agencies concerning individuals in DHS
custody that are to be transferred to such agency's custody, to
coordinate the transportation, custody, and care of these individuals.
V. To third parties to facilitate placement or release of an
individual (e.g., at a group home, homeless shelter) who has been or is
about to be released from DHS custody but only such information that is
relevant and necessary to arrange housing, continuing medical care, or
other social services for the individual.
W. To victims and witnesses regarding custodial information, such
as transfer to another custodial agency or location, 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. This would also
authorize disclosure of custodial information to individuals with a
legal responsibility to act on behalf of a victim or witness (e.g.,
attorney, parent, legal guardian) and individuals acting at the request
of a victim or witness; as well as external victim notification systems
that make such information available to victims and witnesses in
electronic form.
X. To the Federal Bureau of Prisons (BOP) and other federal, state,
local, territorial, tribal, and foreign law enforcement or custodial
agencies for the purpose of facilitating the transfer of custody of an
individual to or from that 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 DHS to HHS.
Y. To DOJ and other law enforcement or custodial agencies to
facilitate payments and reporting under the State Criminal Alien
Assistance Program or similar programs.
Z. To any law enforcement agency or custodial agency (such as a
jail or prison) to serve that agency with notice of an immigration
detainer, or to update or remove a previously issued immigration
detainer, for an individual who is believed to be in that agency's
custody.
AA. To DOJ, disclosure of DNA samples and related information as
required by 28 CFR part 28.
BB. To DOJ, disclosure of arrest and removal information for
inclusion in relevant DOJ law enforcement databases and for use in the
enforcement of federal firearms laws (e.g., Brady Handgun Violence
Prevention Act, as amended by the NICS Improvement Amendments Act).
CC. To the attorney or guardian ad litem of an individual's child,
or 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
individual from the United States, to facilitate the recipients'
exercise of responsibilities pertaining to the custody, care, or legal
rights (including issuance of a U.S. passport) of the individual's
children, or the adjudication or collection of child support payments
or other similar debts owed by the individual.
DD. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for a noncitizen to
aid the individual or entity in (1) identifying the location of the
noncitizen; (2) posting the bond; (3) obtaining payments related to the
bond; or (4) conducting other administrative or financial management
activities related to the bond.
EE. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational governmental agencies
when DHS needs 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.
FF. Limited detainee biographical information will be publicly
disclosed via the ICE Online Detainee Locator System or any successor
system for the purpose of identifying whether a detainee is in ICE
custody and the custodial location.
GG. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in 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 their official capacity;
3. Any employee of DHS in their individual capacity when DOJ or DHS
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.
HH. 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.
II. To federal, state, local, tribal, territorial, or foreign
governmental agencies; multilateral governmental organizations; or
other public health entities, for the purposes of protecting the vital
interests of a record subject or other persons, including to assist
such agencies or organizations during an epidemiological investigation,
in facilitating continuity of care, in preventing exposure to or
transmission of a communicable or quarantinable disease of public
health significance, or
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to combat other significant public health threats.
JJ. To foreign governments for the purpose of providing information
about their citizens or permanent residents, or family members thereof,
during local or national disasters or health emergencies.
KK. To a coroner for purposes of affirmatively identifying a
deceased individual (whether or not such individual is deceased as a
result of a crime) or cause of death.
LL. To a former employee of DHS for purposes of responding to an
official inquiry by Federal, State, local, tribal, or 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.
MM. 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
if the information is 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.
NN. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of licensed professionals or those seeking to become
licensed professionals.
OO. To an attorney or representative (as defined in 8 CFR 1.2,
202.1, 1001.1(f), or 1202.12) who is acting on behalf of an individual
covered by this system of records in connection with any proceeding
before U.S. Citizenship and Immigration Services (USCIS), ICE, CBP, or
EOIR, as required by law or as deemed necessary in the discretion of
the Department.
PP. To members of the public, with regard to disclosure of limited
detainee biographical information for the purpose of facilitating the
deposit of monies into detainees' accounts for telephone or commissary
services in a detention facility.
QQ. To federal, state, local, tribal, or territorial government
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.
RR. To federal, state, local, tribal, and territorial courts or
government agencies involved in criminal investigation or prosecution,
pre-trial, sentencing, parole, probation, bail bonds, or any other
aspect of the criminal justice process, and to defense counsel
representing an individual in a domestic criminal proceeding, to ensure
the integrity and efficiency of the criminal justice system by
informing these recipients of the existence of an immigration detainer
or the individual's status in removal proceedings, including removal or
custodial status/location. Disclosure of the individual's A-Number and
country of birth is also authorized to facilitate these recipients' use
of the ICE Online Detainee Locator System for the purposes listed
above.
SS. To a foreign government to notify it concerning its citizens or
residents who are incapacitated, an unaccompanied minor, or deceased.
TT. To family members, guardians, committees, friends, or other
agents identified by law or regulation to receive notification,
decisions, and other papers as provided in 8 CFR 103.8 from DHS or EOIR
following verification of a familial or agency relationship with a non-
citizen when DHS is aware of indicia of incompetency or when a non-
citizen has been determined to be mentally incompetent by an
immigration judge.
UU. To an organization or person in either the public or private
sector, either foreign or domestic, when there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, or when the information is relevant
to the protection of life, property, or other vital interests of a
person.
VV. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of granting or revoking naturalization.
WW. To federal, state, local, tribal, territorial, foreign, or
international agencies, after discovery of such information, if DHS
determines: (1) The information is relevant and necessary to that
agency's decision concerning the hiring or retention of an individual,
or issuance of a security clearance, license, contract, grant, or other
benefit; and (2) Failure to disclose the information is likely to
create a substantial risk to government facilities, equipment, or
personnel; sensitive information; critical infrastructure; or public
safety.
XX. To an appropriate federal, state, local, tribal, regional,
foreign, or international law enforcement agency, where use is
consistent with the official duties of the recipient agencyand the
requirements set forth in a related memorandum of agreement between DHS
and the recipient agency authorizing information sharing through LEISS
for the purpose of criminal law enforcement, homeland security, or to
support applicant background investigations for ICE law enforcement
partners.
YY. To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency and third-party organizations
assisting in the repatriation of non-citizens who are returning
voluntarily to their home countries.
ZZ. 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:
Records may be retrieved by name, biometric identifiers,
identification numbers including, but not limited to, A-Number,
fingerprint identification number, Social Security number, case or
record number if applicable, case related data, or a combination of
other personal identifiers including, but not limited to, date of birth
and nationality.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
ICE retains records in accordance with an applicable National
Archives and Records Administration (NARA) General Records Schedule
(GRS) or a NARA-approved agency-specific records control schedule. ICE
retains records of arrests, detentions, and removals in the Enforcement
Integrated Database and its
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modules, such as the ENFORCE Alien Removal Module and the ICE
Integrated Decision Support (IIDS), for seventy-five (75) years
pursuant to the Biometric with Limited Biographical Data Schedule, DAA-
563-2013-0001-0006.
The Online Detainee Locator System (ODLS) uses an extract of
Enforcement Integrated Database data about current detainees and
detainees that were released during the last sixty (60) days. Records
are retained in the Online Detainee Locator System for as long as they
meet the extract criteria in accordance with the schedule, N1-567-11-7.
The electronic Travel Document System (eTD) stores travel documents for
twenty (20) years after the issuance of a travel document or denial
letter in accordance with the schedule, DAA-0567-2017-0004.
Alternatives to Detention program records are retained for seven (7)
years after the individual has been removed from the Alternatives to
Detention program and is no longer being monitored in accordance with
the schedule, DAA-567-2018-0001-0001.
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. DHS/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 Judicial Redress Act 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 Chief Privacy Officer and ICE FOIA
Officer whose contact information can be found at http://www.dhs.gov/foia. If an individual believes more than one component maintains
Privacy Act records concerning them, 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
or electronically at https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form. Even if neither the Privacy Act nor the Judicial
Redress Act provide a right of access, certain records about an
individual may be available under the Freedom of Information Act.
When seeking records about oneself from this system of records or
any other Departmental system of records, an individual's request must
conform with the Privacy Act regulations set forth in 6 CFR part 5. The
individual must first verify their identity, meaning that they must
provide their full name, current address, and date and place of birth.
The individual must sign the request, and their 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, one may obtain forms
for this purpose from the Chief Privacy Officer and Chief Freedom of
Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In
addition, individuals should:
Explain why they believe the Department would have
information on them;
Identify which component(s) of the Department they believe
may have the information about them;
Specify when they believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
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:
For records covered by the Privacy Act or covered Judicial Redress
Act records, individuals may make a request for amendment or correction
of a Department record about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each record in question, state the amendment or correction desired, and
state why the individual believes that the record is not accurate,
relevant, timely, or complete. The individual may submit any
documentation that would be helpful to support the request. If the
individual believes that the same record is in more than one system of
records, the request should state this belief and be addressed to each
component that maintains a system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access procedure.''
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. secs. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g).
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system of records from the following
provisions of the Privacy Act: 5 U.S.C. secs. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H); and (f). When a record received from another
system has been exempted in that source system under 5 U.S.C. secs.
552a(j)(2) or (k)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary systems of records
from which they originated and claim any additional exemptions set
forth here.
HISTORY:
81 FR 72080 (November 18, 2016); 80 FR 24269 (April 30, 2015); 80
FR 11214 (March 2, 2015); 75 FR 23274 (May 3, 2010); 75 FR 9238 (March
1, 2010); 74 FR 20719 (May 5, 2009); 74 FR 5665 (January 30, 2009); 74
FR 4965 (January 28, 2009).
Mason C. Clutter,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2024-14768 Filed 7-3-24; 8:45 am]
BILLING CODE 9111-28-P