80 FR 11214 - Privacy Act of 1974; Department of Homeland Security United States Immigration Customs and Enforcement-011 Immigration and Enforcement Operational Records System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range		11214-11219
FR Document		2015-04266
In accordance with the Privacy Act of 1974 the Department of Homeland Security U.S. Immigration and Customs Enforcement proposes to update and reissue an existing system of records titled, ``Department of Homeland Security/Immigration and Customs Enforcement--011 Immigration and Enforcement Operational Records System of Records (ENFORCE).'' This system of records is being modified to add two new routine uses that support ICE's sharing of information with external parties. These routine uses allow ICE to share information from this system of records with: (1) Other domestic law enforcement agencies or agencies operating sex offender registries when an alien required to register as a sex offender is released from ICE custody or removed from the United States, and (2) other government agencies or public health entities to facilitate continuity of care and to assist with investigating and combating significant public health threats. The exemptions for the existing system of records notice will continue to be unchanged. This updated system will continue to be included in the Department of Homeland Security's inventory of record systems.
Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Notices]
[Pages 11214-11219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04266]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0004]


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.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security U.S. Immigration and Customs Enforcement proposes to 
update and reissue an existing system of records titled, ``Department 
of Homeland Security/Immigration and Customs Enforcement--011 
Immigration and Enforcement Operational Records System of Records 
(ENFORCE).'' This system of records is being modified to add two new 
routine uses that support ICE's sharing of information with external 
parties. These routine uses allow ICE to share information from this 
system of records with: (1) Other domestic law enforcement agencies or 
agencies operating sex offender registries when an alien required to 
register as a sex offender is released from ICE custody or removed from 
the United States, and (2) other government agencies or public health 
entities to facilitate continuity of care and to assist with 
investigating and combating significant public health threats. The 
exemptions for the existing system of records notice will continue to 
be unchanged. 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 April 1, 2015. This amended system 
will be effective April 1, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0004 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: Karen L. Neuman, 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, Privacy Officer, U.S. 
Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 
5004, Washington, DC 20536, phone: 202-732-3300, email: 
[email protected]; or Karen Neuman, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528, 
phone: 202-343-1717.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) U.S. Immigration and Customs 
Enforcement (ICE) proposes to update and reissue a current DHS system 
of records titled ``DHS/ICE--011 Immigration and Enforcement 
Operational Records (ENFORCE) System of Records.'' With this update, 
ICE is notifying the public of two new routine uses added to permit 
ICE's sharing of limited information with external parties. These 
routine uses allow ICE to share information from this system of records 
with: (1) Other domestic law enforcement agencies or agencies operating 
sex offender registries when an alien required to register as a sex 
offender is released from ICE custody or removed from the United 
States, and (2) other government agencies or public health entities to 
facilitate continuity of care for individuals upon release from ICE 
custody and to assist with investigating and combating significant 
public health threats.

Notifications To Support Sex Offender Registration Requirements

    ICE is proposing new routine use HH that will authorize disclosure 
of information from this system of records ``to a domestic law 
enforcement agency or other agency operating a sex offender registry 
for the purpose of providing notice of an individual's release from DHS 
custody or removal from the United States, when the individual is 
required to register as a sex offender, in order to assist those 
agencies in updating sex offender registries and otherwise carrying out 
the sex offender registration requirements within their 
jurisdictions.''
    ICE uses orders of supervision or orders of recognizance to release 
from custody criminal aliens who have been ordered removed from the 
United States but cannot be removed or further detained, or are 
released at the discretion of the agency. In these instances, ICE may 
set conditions for release. For aliens with a requirement to register 
as a sex offender with a sex offender registry, ICE's release 
conditions mandate that the alien enroll in a sexual deviancy 
counseling program and register as a sex offender, if applicable. 
Current federal laws impose registration requirements with sex offender 
registries and require offenders to keep their registration information 
current in each state, territorial, or tribal jurisdictions in which 
they live, work, or attend school, and, for initial registration 
purposes only, in the jurisdiction in which they were convicted, if 
such jurisdiction is different from the jurisdiction of residence.
    With the publication of new routine use HH, ICE is proposing to 
notify

[[Page 11215]]

domestic law enforcement agencies or agencies that operate state sex 
offender registries when an alien sex offender is released from ICE 
custody into that agency's jurisdiction (either directly or when that 
jurisdiction is the alien's declared intended residence), or when the 
alien is removed from the United States. ICE would share limited 
information, such as biographic information and release conditions or 
restrictions with the recipients. Notifications are intended to help 
inform agencies of the alien's whereabouts from the time the alien is 
released until the alien reaches his or her intended jurisdiction of 
residence or country of removal. Notifications of removal of an alien 
from the United States will help ensure individuals are removed from 
sex offender registries so that law enforcement resources are not 
deployed in an attempt to locate the alien.

Continuity of Care and Public Health Investigations

    ICE is proposing new routine use II that will authorize sharing of 
data from this system of records with ``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 data subject or other 
persons, including to assist such agencies or organizations during an 
epidemiological investigation, in facilitating continuity of care, 
preventing exposure to or transmission of a communicable or 
quarantinable disease of public health significance, or to combat other 
significant public health threats.''
    In operating detention facilities, ICE's responsibilities include 
supporting public health actions, such as coordinating continuity of 
care for detainees with infectious diseases and facilitating public 
health investigations when faced with an infectious disease contact or 
outbreak. Though ICE may share with public health authorities specific 
health information from detainee medical records, which are maintained 
in the DHS/ICE--013 Alien Health Records system of records, it may be 
equally important in a public health context for ICE to share 
information about where the alien is currently located, which is 
maintained in the DHS/ICE--011 ENFORCE system of records. Sharing this 
location information with domestic and foreign agencies engaged in 
public health will support their mission to ensure continuity of care 
(e.g., continued treatment for a highly infectious disease) and to 
conduct public health investigations. With the addition of routine use 
II, ICE will be authorized to share select biographic and detention 
information, including facility information and transfer or release 
dates, with other government agencies or public health entities to 
support continuity of care.
    In facilitating public health investigations, ICE assists state and 
local health departments in identifying individuals who may have come 
in contact with or been exposed to a detainee diagnosed with an 
infectious disease. These public health authorities take the lead in 
conducting contact and outbreak investigations to identify, inform, 
evaluate, and treat exposed individuals, including other detainees, 
staff, visitors, detainees or inmates at previous detention facilities, 
household members, and other contacts in the community, and require 
custody information about the ill detainee and contact information 
about other potentially exposed individuals. With the addition of 
routine use II, ICE will be authorized to share with other government 
agencies or public health authorities biographic, detention, 
immigration encounter, and contact information, including location and 
other contact information on individuals who may have been exposed to 
an affected detainee, in order to investigate and limit the spread of a 
potential public health threats.
    The exemptions for the existing system of records notice will 
continue to be applicable for this system of records notice. This 
updated system will continue to be included in DHS's inventory of 
record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the 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. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the amended 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 (1)-(4) 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

[[Page 11216]]

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 Department of Justice 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 on physical disabilities or other special needs to 
ensure that an individual is placed in a facility or bed that can 
accommodate his or her 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 when DOJ or 
DHS has agreed to represent the employee; or

[[Page 11217]]

    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, 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 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, 
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 when 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, when 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) when 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

[[Page 11218]]

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) 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, 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 when 
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 members of the public, disclosure of limited detainee 
biographical information for the purpose of (1) identifying whether the 
detainee is in ICE custody and the custodial location, and (2) 
facilitating the deposit of monies into detainees' accounts for 
telephone or commissary services in a detention facility.
    HH. To a domestic law enforcement agency or other agency operating 
a sex offender registry for the purpose of providing notice of an 
individual's release from DHS custody or removal from the United States 
when the individual is required to register as a sex offender, in order 
to assist those agencies in updating sex offender registries and 
otherwise carrying out the sex offender registration requirements 
within their jurisdictions.
    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 data subject or other persons, including to assist such 
agencies or organizations during an epidemiological investigation, in 
facilitating continuity of care, preventing exposure to or transmission 
of a communicable or quarantinable disease of public health 
significance, or to combat other significant public health threats.
    JJ. 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, 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-

[[Page 11219]]

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 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;
    (c) Business records;
    (d) Evidence, contraband, and other seized material; and
    (e) Public and commercial sources.

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.

Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-04266 Filed 2-27-15; 8:45 am]
BILLING CODE 9111-28-P
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11217

4. the U.S. or any agency thereof, is information, indicates a violation or contractors, consultants, or others
a party to the litigation or has an interest potential violation of law, which performing or working on a contract for
in such litigation, and DHS determines includes criminal, civil, or regulatory EOIR, for the purpose of providing
that the records are both relevant and violations and such disclosure is proper information about aliens who are or may
necessary to the litigation and the use of and consistent with the official duties of be placed in removal proceedings so
such records is compatible with the the person making the disclosure. that EOIR may arrange for the provision
purpose for which DHS collected the H. To a court, magistrate, or of educational services to those aliens
records. administrative tribunal in the course of under EOIR’s Legal Orientation
B. To a congressional office from the presenting evidence, including Program.
record of an individual in response to disclosures to opposing counsel or P. To attorneys or legal
an inquiry from that congressional office witnesses in the course of civil representatives for the purpose of
made at the request of the individual to discovery, litigation, or settlement facilitating group presentations to aliens
whom the record pertains. negotiations, including to an actual or in detention that will provide the aliens
C. To the National Archives and potential party or his or her attorney, or with information about their rights
Records Administration or other federal in connection with criminal law under U.S. immigration law and
government agencies pursuant to proceedings. procedures.
records management inspections being I. To other federal, state, local, or Q. To a federal, state, tribal, or local
conducted under the authority of 44 foreign government agencies, government agency to assist such
U.S.C. 2904 and 2906. individuals, and organizations during agencies in collecting the repayment of
D. To an agency, organization, or the course of an investigation, recovery of loans, benefits, grants, fines,
individual for the purpose of performing proceeding, or activity within the bonds, civil penalties, judgments or
audit or oversight operations as purview of immigration and nationality other debts owed to them or to the U.S.
authorized by law, but only such laws to elicit information required by Government, and/or to obtain
information as is necessary and relevant DHS/ICE to carry out its functions and information that may assist DHS in
to such audit or oversight function. statutory mandates. collecting debts owed to the U.S.
E. To appropriate agencies, entities, J. To the appropriate foreign Government.
and persons when: government agency charged with R. To the State Department in the
1. DHS suspects or has confirmed that enforcing or implementing laws when processing of petitions or applications
the security or confidentiality of there is an indication of a violation or for immigration benefits and non-
information in the system of records has potential violation of the law of another immigrant visas under the Immigration
been compromised; nation (whether civil or criminal), and and Nationality Act, and all other
2. DHS has determined that as a result to international organizations engaged immigration and nationality laws
of the suspected or confirmed in the collection and dissemination of including treaties and reciprocal
compromise there is a risk of harm to intelligence concerning criminal agreements; or when the State
economic or property interests, identity activity. Department requires information to
theft or fraud, or harm to the security or K. To other federal agencies for the consider and/or provide an informed
integrity of this system or other systems purpose of conducting national response to a request for information
or programs (whether maintained by intelligence and security investigations. from a foreign, international, or
DHS or another agency or entity) or L. To any federal agency, when intergovernmental agency, authority, or
harm to the individual who relies upon appropriate, to enable such agency to organization about an alien or an
the compromised information; and make determinations regarding the enforcement operation with
3. The disclosure made to such payment of federal benefits to the record transnational implications.
agencies, entities, and persons is subject in accordance with that agency’s S. To the Office of Management and
reasonably necessary to assist in statutory responsibilities. Budget (OMB) in connection with the
connection with DHS’s efforts to M. To foreign governments for the review of private relief legislation as set
respond to the suspected or confirmed purpose of coordinating and conducting forth in OMB Circular No. A–19 at any
compromise and prevent, minimize, or the removal of aliens to other nations; stage of the legislative coordination and
remedy such harm. and to international, foreign, and clearance process as set forth in the
F. To contractors and their agents, intergovernmental agencies, authorities, Circular.
grantees, experts, consultants, and and organizations in accordance with T. To the U.S. Senate Committee on
others performing or working on a law and formal or informal international the Judiciary or the U.S. House of
contract, service, grant, cooperative arrangements. Representatives Committee on the
agreement, or other assignment for DHS, N. To family members and attorneys Judiciary when necessary to inform
when necessary to accomplish an or other agents acting on behalf of an members of Congress about an alien
agency function related to this system of alien, to assist those individuals in who is being considered for private
records. Individuals provided determining whether: (1) The alien has immigration relief.
information under this routine use are been arrested by DHS for immigration U. To a criminal, civil, or regulatory
subject to the same Privacy Act violations; (2) the location of the alien law enforcement authority (whether
requirements and limitations on if in DHS custody; or (3) the alien has federal, state, local, territorial, tribal,
disclosure as are applicable to DHS been removed from the United States, international, or foreign) when the
officers and employees. provided however, that the requesting information is necessary for
asabaliauskas on DSK5VPTVN1PROD with NOTICES

G. To an appropriate federal, state, individuals are able to verify the alien’s collaboration, coordination, and de-
tribal, local, international, or foreign law date of birth or Alien Registration confliction of investigative matters, to
enforcement agency or other appropriate Number (A-Number), or can otherwise avoid duplicative or disruptive efforts,
authority charged with investigating or present adequate verification of a and for the safety of law enforcement
prosecuting a violation or enforcing or familial or agency relationship with the officers who may be working on related
implementing a law, rule, regulation, or alien. investigations.
order, when a record, either on its face O. To the DOJ Executive Office of V. To the U.S. Marshals Service
or in conjunction with other Immigration Review (EOIR) or their concerning Marshals Service prisoners

VerDate Sep<11>2014 16:55 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02MRN1.SGM 02MRN1
Document Created: 2015-12-18 12:07:06
Document Modified: 2015-12-18 12:07:06
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of amendment of Privacy Act system of records.
Dates		Submit comments on or before April 1, 2015. This amended system will be effective April 1, 2015.
Contact		Lyn Rahilly, Privacy Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, DC 20536, phone: 202-732-3300, email: [email protected]; or Karen Neuman, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528, phone: 202-343-1717.
FR Citation		80 FR 11214
80 FR 11214 - Privacy Act of 1974; Department of Homeland Security United States Immigration Customs and Enforcement-011 Immigration and Enforcement Operational Records System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 40 (March 2, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
