80 FR 24269 - 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 83 (April 30, 2015)

Page Range		24269-24274
FR Document		2015-09615
In accordance with the Privacy Act of 1974, the Department of Homeland Security U.S. Immigration and Customs Enforcement is updating and reissuing 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 propose a new routine use that supports ICE's sharing of information with domestic law enforcement agencies when an alien who has been convicted of a violent or serious crime is released from ICE custody or removed from the United States. 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 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24269-24274]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09615]



[[Page 24269]]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0016]


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

AGENCY: Privacy Office, DHS.

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

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security U.S. Immigration and Customs Enforcement is updating 
and reissuing 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 propose a new routine use that 
supports ICE's sharing of information with domestic law enforcement 
agencies when an alien who has been convicted of a violent or serious 
crime is released from ICE custody or removed from the United States. 
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 June 1, 2015. This amended system 
will be effective June 1, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0016 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) is updating and reissuing a current DHS system of 
records titled ``DHS/ICE--011 Immigration and Enforcement Operational 
Records (ENFORCE) System of Records.'' With this update, ICE is 
proposing new routine use II that will authorize disclosure of 
information from this system of records ``to a domestic law enforcement 
agency for the purpose of providing notice of an individual's release 
from DHS custody or removal from the United States, when the individual 
has a conviction(s) for a violent or serious crime(s) and the agency 
receiving the notification has an interest in the individual due to: 
(1) A pending investigation or prosecution, (2) parole or other forms 
of supervision, or (3) the individual's intended residence or location 
of release falling within the agency's jurisdiction.''
    ICE will share biographic and criminal history information as well 
as release conditions or restrictions with other domestic law 
enforcement agencies when an alien who has been convicted of a violent 
or serious crime is released from ICE custody or removed from the 
United States. Violent and serious crimes include certain firearms, 
national security, sex, and drug-related crimes that ICE has determined 
are most relevant to the safety of the community. For example, ICE will 
notify a local law enforcement agency of the release from ICE custody 
of an alien who has been convicted of aggravated assault with a deadly 
weapon and has parole requirements in the local jurisdiction. ICE will 
also notify a law enforcement agency when an alien who has been 
convicted of, for example, armed robbery and assault is released, to 
assist agency decisions concerning the allocation of public safety 
resources in the jurisdiction.
    These notifications are intended as situational awareness messages 
to help inform agencies that have an interest in an alien for 
investigation, supervision, or public/officer safety purposes 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 also assist law enforcement agencies in 
narrowing the pool of potential suspects when a violent or serious 
crime is committed in their jurisdiction and there are few leads in the 
investigation, or if the particulars of a crime being investigated are 
similar to circumstances surrounding the violent or serious crime for 
which the individual was previously convicted. Notifications of removal 
of an alien from the United States will help ensure that law 
enforcement agencies with an interest in the alien do not deploy 
resources in an attempt to locate the alien.
    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).

[[Page 24270]]

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 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 (Public Law 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

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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
    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

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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 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 a domestic law enforcement agency for the purpose of 
providing notice of an individual's release from DHS custody or removal 
from the United States, when the individual has a conviction(s) for a 
violent or serious crime(s) and the agency receiving the notification 
has an interest in the individual due to: (1) A pending investigation 
or prosecution, (2) parole or other forms of supervision, or (3) the 
individual's intended residence or location of release falling within 
the agency's jurisdiction.
    JJ. 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.
    KK. 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

[[Page 24273]]

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-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

[[Page 24274]]

exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
    In addition, to the extent a record contains information from other 
exempt systems of records, DHS will rely on the exemptions claimed for 
those systems.

    Dated: April 17, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-09615 Filed 4-29-15; 8:45 am]
 BILLING CODE 9111-28-P
Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices 24271

against individuals who are alleged to D. To an agency, organization, or the course of an investigation,
have violated the Immigration and individual for the purpose of performing proceeding, or activity within the
Nationality Act or other laws enforced audit or oversight operations as purview of immigration and nationality
by DHS. authorized by law, but only such laws to elicit information required by
4. To support the grant, denial, and information as is necessary and relevant DHS/ICE to carry out its functions and
tracking of individuals who seek or to such audit or oversight function. statutory mandates.
receive parole into the United States. E. To appropriate agencies, entities, J. To the appropriate foreign
5. To provide criminal and and persons when: government agency charged with
immigration history information during 1. DHS suspects or has confirmed that enforcing or implementing laws when
DHS enforcement encounters, and the security or confidentiality of there is an indication of a violation or
background checks on applicants for information in the system of records has potential violation of the law of another
DHS immigration benefits (e.g., been compromised; nation (whether civil or criminal), and
employment authorization and 2. DHS has determined that as a result to international organizations engaged
petitions). of the suspected or confirmed in the collection and dissemination of
6. To identify potential criminal compromise there is a risk of harm to intelligence concerning criminal
activity, immigration violations, and economic or property interests, identity activity.
threats to homeland security; to uphold theft or fraud, or harm to the security or K. To other federal agencies for the
and enforce the law; and to ensure integrity of this system or other systems purpose of conducting national
public safety. or programs (whether maintained by intelligence and security investigations.
DHS or another agency or entity) or L. To any federal agency, when
ROUTINE USES OF RECORDS MAINTAINED IN THE harm to the individual who relies upon appropriate, to enable such agency to
SYSTEM, INCLUDING CATEGORIES OF USERS AND the compromised information; and make determinations regarding the
THE PURPOSES OF SUCH USES: 3. The disclosure made to such payment of federal benefits to the record
In addition to those disclosures agencies, entities, and persons is subject in accordance with that agency’s
generally permitted under 5 U.S.C. reasonably necessary to assist in statutory responsibilities.
552a(b) of the Privacy Act, all or a connection with DHS’s efforts to M. To foreign governments for the
portion of the records or information respond to the suspected or confirmed purpose of coordinating and conducting
contained in this system may be compromise and prevent, minimize, or the removal of aliens to other nations;
disclosed outside DHS as a routine use remedy such harm. and to international, foreign, and
pursuant to 5 U.S.C. 552a(b)(3) as F. To contractors and their agents, intergovernmental agencies, authorities,
follows: grantees, experts, consultants, and and organizations in accordance with
A. To the Department of Justice (DOJ) others performing or working on a law and formal or informal international
or other federal agency conducting contract, service, grant, cooperative arrangements.
litigation or in proceedings before any agreement, or other assignment for DHS, N. To family members and attorneys
court, adjudicative, or administrative when necessary to accomplish an or other agents acting on behalf of an
body, or to a court, magistrate, agency function related to this system of alien, to assist those individuals in
administrative tribunal, opposing records. Individuals provided determining whether: (1) The alien has
counsel, parties, and witnesses, in the information under this routine use are been arrested by DHS for immigration
course of a civil or criminal proceeding subject to the same Privacy Act violations; (2) the location of the alien
before a court or adjudicative body requirements and limitations on if in DHS custody; or (3) the alien has
when it is necessary to the litigation and disclosure as are applicable to DHS been removed from the United States,
one of the following is a party to the officers and employees. provided however, that the requesting
litigation or has an interest in such G. To an appropriate federal, state, individuals are able to verify the alien’s
litigation: tribal, local, international, or foreign law date of birth or Alien Registration
1. DHS or any component thereof; enforcement agency or other appropriate Number (A-Number), or can otherwise
2. any employee of DHS in his/her authority charged with investigating or present adequate verification of a
official capacity; prosecuting a violation or enforcing or familial or agency relationship with the
3. any employee of DHS in his/her implementing a law, rule, regulation, or alien.
individual capacity when DOJ or DHS order, when a record, either on its face O. To the DOJ Executive Office of
has agreed to represent the employee; or or in conjunction with other Immigration Review (EOIR) or their
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
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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

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24272 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

recovery of loans, benefits, grants, fines, mental illness, may pose a health or financial management activities related
bonds, civil penalties, judgments or safety risk to himself/herself or to the to the bond.
other debts owed to them or to the U.S. community. ICE will only disclose FF. To appropriate federal, state,
Government, and/or to obtain information about the individual that is local, tribal, or foreign governmental
information that may assist DHS in relevant to the health or safety risk they agencies or multilateral governmental
collecting debts owed to the U.S. may pose and/or the means to mitigate organizations when DHS is aware of a
Government. that risk (e.g., the alien’s need to remain need to utilize relevant data for
R. To the State Department in the on certain medication for a serious purposes of testing new technology and
processing of petitions or applications mental health condition). systems designed to enhance national
for immigration benefits and non- Y. To the DOJ Federal Bureau of security or identify other violations of
immigrant visas under the Immigration Prisons (BOP) and other federal, state, law.
and Nationality Act, and all other local, territorial, tribal, and foreign law GG. To members of the public,
immigration and nationality laws enforcement or custodial agencies for disclosure of limited detainee
including treaties and reciprocal the purpose of placing an immigration biographical information for the
agreements; or when the State detainer on an individual in that purpose of (1) identifying whether the
Department requires information to agency’s custody, or to facilitate the detainee is in ICE custody and the
consider and/or provide an informed transfer of custody of an individual from custodial location, and (2) facilitating
response to a request for information ICE to the other agency. This will the deposit of monies into detainees’
from a foreign, international, or include the transfer of information accounts for telephone or commissary
intergovernmental agency, authority, or about unaccompanied minor children to services in a detention facility.
organization about an alien or an the U.S. Department of Health and HH. To a domestic law enforcement
enforcement operation with Human Services (HHS) to facilitate the agency or other agency operating a sex
transnational implications. custodial transfer of such children from offender registry for the purpose of
S. To the Office of Management and ICE to HHS. providing notice of an individual’s
Budget (OMB) in connection with the Z. To DOJ, disclosure of DNA samples release from DHS custody or removal
review of private relief legislation as set and related information as required by from the United States, when the
forth in OMB Circular No. A–19 at any 28 CFR part 28. individual is required to register as a sex
stage of the legislative coordination and AA. To DOJ, disclosure of arrest and offender, in order to assist those
clearance process as set forth in the removal information for inclusion in agencies in updating sex offender
Circular. relevant DOJ law enforcement databases registries and otherwise carrying out the
T. To the U.S. Senate Committee on and for use in the enforcement federal sex offender registration requirements
the Judiciary or the U.S. House of firearms laws (e.g., Brady Act). within their jurisdictions.
Representatives Committee on the BB. To federal, state, local, tribal, II. To a domestic law enforcement
Judiciary when necessary to inform territorial, or foreign governmental or agency for the purpose of providing
members of Congress about an alien quasi-governmental agencies or courts notice of an individual’s release from
who is being considered for private to confirm the location, custodial status, DHS custody or removal from the
immigration relief. removal, or voluntary departure of an United States, when the individual has
U. To a criminal, civil, or regulatory alien from the United States, in order to a conviction(s) for a violent or serious
law enforcement authority (whether facilitate the recipient agencies’ exercise crime(s) and the agency receiving the
federal, state, local, territorial, tribal, of responsibilities pertaining to the notification has an interest in the
international, or foreign) when the custody, care, or legal rights (including individual due to: (1) A pending
information is necessary for issuance of a U.S. passport) of the investigation or prosecution, (2) parole
collaboration, coordination, and de- removed individual’s minor children, or or other forms of supervision, or (3) the
confliction of investigative matters, to the adjudication or collection of child individual’s intended residence or
avoid duplicative or disruptive efforts, support payments or other debts owed location of release falling within the
and for the safety of law enforcement by the removed individual. agency’s jurisdiction.
officers who may be working on related CC. Disclosure to victims regarding JJ. To federal, state, local, tribal,
investigations. custodial information, such as release territorial, or foreign governmental
V. To the U.S. Marshals Service on bond, order of supervision, removal agencies; multilateral governmental
concerning Marshals Service prisoners from the United States, or death in organizations; or other public health
that are or will be held in detention custody, about an individual who is the entities, for the purposes of protecting
facilities operated by or on behalf of ICE subject of a criminal or immigration the vital interests of a data subject or
in order to coordinate the investigation, proceeding, or other persons, including to assist such
transportation, custody, and care of prosecution. agencies or organizations during an
these individuals. DD. To any person or entity to the epidemiological investigation, in
W. To third parties to facilitate extent necessary to prevent immediate facilitating continuity of care,
placement or release of an alien (e.g., at loss of life or serious bodily injury, (e.g., preventing exposure to or transmission
a group home, homeless shelter) who disclosure of custodial release of a communicable or quarantinable
has been or is about to be released from information to witnesses who have disease of public health significance, or
ICE custody but only such information received threats from individuals in to combat other significant public health
that is relevant and necessary to arrange custody.) threats.
mstockstill on DSK4VPTVN1PROD with NOTICES

housing or continuing medical care for EE. To an individual or entity seeking KK. To the news media and the
the alien. to post or arrange, or who has already public, with the approval of the Chief
X. To an appropriate domestic posted or arranged, an immigration Privacy Officer in consultation with
government agency or other appropriate bond for an alien to aid the individual counsel, when there exists a legitimate
authority for the purpose of providing or entity in (1) identifying the location public interest in the disclosure of the
information about an alien who has of the alien, or (2) posting the bond, information or when disclosure is
been or is about to be released from ICE obtaining payments related to the bond, necessary to preserve confidence in the
custody who, due to a condition such as or conducting other administrative or integrity of DHS or is necessary to

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24274 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices

exemption pursuant to 5 U.S.C. requires that we invite public comment Public Availability of Comments
552a(j)(2) and (k)(2). before issuing these permits for All comments and materials we
In addition, to the extent a record endangered species. receive in response to this request will
contains information from other exempt A permit granted by us under section be available for public inspection, by
systems of records, DHS will rely on the 10(a)(1)(A) of the Act authorizes the appointment, during normal business
exemptions claimed for those systems. permittee to conduct activities hours at the address listed in the
Dated: April 17, 2015. (including take or interstate commerce) ADDRESSES section.
Karen L. Neuman,
with respect to U.S. endangered or Before including your address, phone
threatened species for scientific number, email address, or other
Chief Privacy Officer, Department of
Homeland Security.
purposes or enhancement of personal identifying information in your
propagation or survival. Our regulations comment, you should be aware that
[FR Doc. 2015–09615 Filed 4–29–15; 8:45 am]
implementing section 10(a)(1)(A) of the your entire comment—including your
BILLING CODE 9111–28–P
Act for these permits are found at 50 personal identifying information—may
CFR 17.22 for endangered wildlife be made publicly available at any time.
species, 50 CFR 17.32 for threatened While you can ask us in your comment
DEPARTMENT OF THE INTERIOR wildlife species, 50 CFR 17.62 for to withhold your personal identifying
endangered plant species, and 50 CFR information from public review, we
Fish and Wildlife Service
17.72 for threatened plant species. cannot guarantee that we will be able to
[FWS–R1–ES–2015–N078; do so.
FXES11130100000–156–FF01E00000] Applications Available for Review and
Comment Authority: We provide this notice under
Endangered Species; Recovery Permit We invite local, State, and Federal section 10 of the Act (16 U.S.C. 1531 et seq.).
Applications agencies and the public to comment on Dated: April 22, 2015.
AGENCY: Fish and Wildlife Service, the following applications. Please refer Richard R. Hannan,
Interior. to the permit number for the application Acting Regional Director, Pacific Region, U.S.
when submitting comments. Fish and Wildlife Service.
ACTION: Notice of availability; request Documents and other information
for comments. [FR Doc. 2015–10077 Filed 4–29–15; 8:45 am]
submitted with these applications are BILLING CODE 4310–55–P
SUMMARY: We, the U.S. Fish and available for review by request from the
Wildlife Service, invite the public to Program Manager for Restoration and
comment on the following applications Endangered Species Classification at the DEPARTMENT OF THE INTERIOR
for recovery permits to conduct address listed in the ADDRESSES section
activities with the purpose of enhancing of this notice, subject to the Bureau of Indian Affairs
the survival of an endangered species. requirements of the Privacy Act (5 [156A2100DD/AAKC001030/
The Endangered Species Act of 1973, as U.S.C. 552a) and the Freedom of A0A501010.999900 253G]
amended (Act), prohibits certain Information Act (5 U.S.C. 552).
activities with endangered species Renewal of Agency Information
Permit Number: TE–050644
unless a Federal permit allows such Collection for Data Elements for
activity. The Act also requires that we Applicant: Washington Department of Student Enrollment in Bureau-funded
invite public comment before issuing Fish and Wildlife, Ephrata, Washington Schools
such permits. The permittee requests a permit AGENCY: Bureau of Indian Affairs,
DATES: To ensure consideration, please amendment to take (harass through Interior.
send your written comments by June 1, captive propagation at two additional ACTION: Notice of request for comments.
2015. enclosure sites) the Columbia Basin
ADDRESSES: Program Manager, distinct population segment of the SUMMARY: In compliance with the
Restoration and Endangered Species pygmy rabbit (Brachylagus idahoensis) Paperwork Reduction Act of 1995, the
Classification, Ecological Services, U.S. in Oregon and Washington, in Bureau of Indian Education (BIE) is
Fish and Wildlife Service, Pacific conjunction with scientific research and seeking comments on the renewal of
Regional Office, 911 NE. 11th Avenue, recovery actions, for the purpose of Office of Management and Budget
Portland, OR 97232–4181. Please refer enhancing the species’ survival. (OMB) approval for the collection of
to the permit number for the application information for Data Elements for
Permit Number: TE–63598B Student Enrollment in Bureau-funded
when submitting comments.
FOR FURTHER INFORMATION CONTACT: Applicant: American Museum of Schools, authorized by OMB Control
Colleen Henson, Fish and Wildlife Natural History, New York, New York Number 1076–0122. This information
Biologist, at the above address, or by The applicant requests a new permit collection expires August 31, 2015.
telephone (503–231–6131) or fax (503– to take (survey, capture, handle, DATES: Submit comments on or before
231–6243). measure, mark, tag, weigh, collect June 29, 2015.
SUPPLEMENTARY INFORMATION: biological samples, attach transmitters ADDRESSES: You may submit comments
and accelerometers, photograph, release, on the information collection to: Ms.
Background monitor nests, inventory nests, excavate Jacquelyn Cheek, Special Assistant to
the Director, Bureau of Indian
mstockstill on DSK4VPTVN1PROD with NOTICES

The Act (16 U.S.C. 1531 et seq.) nests, and salvage) the green sea turtle
prohibits certain activities with respect (Chelonia mydas) and the hawksbill sea Education, 1849 C Street NW., Mailstop
to endangered and threatened species turtle (Eretmochelys imbricata), in 4657–MIB, Washington, DC 20240;
unless a Federal permit allows such conjunction with scientific research to facsimile: (202) 208–3312; or email to:
activity. Along with our implementing characterize and monitor sea turtle Jacklyn.Cheek@bia.edu.
regulations in the Code of Federal nesting on Palmyra Atoll, for the FOR FURTHER INFORMATION CONTACT: Ms.
Regulations (CFR) at 50 CFR part 17, the purpose of enhancing the species’ Jacquelyn Cheek, phone: (202) 208–
Act provides for certain permits, and survival. 6983.

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Document Created: 2018-02-21 10:14:57
Document Modified: 2018-02-21 10:14:57
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 June 1, 2015. This amended system will be effective June 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 24269
80 FR 24269 - 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 83 (April 30, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
