81 FR 72080 - Privacy Act of 1974; Department of Homeland Security United States Immigration Customs and Enforcement-011 Criminal Arrest Records and Immigration Enforcement Records System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 202 (October 19, 2016)

Page Range		72080-72089
FR Document		2016-25197
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to update, rename, and reissue a current DHS system of records titled, ``DHS//U.S. Immigration and Customs Enforcement (ICE)-011 Immigration and Enforcement Operational Records (ENFORCE)'' system of records. DHS/ICE collects, uses, and maintains ENFORCE 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. DHS/ICE also uses ENFORCE to support the identification and arrest of individuals (both citizens and non- citizens) who commit violations of federal criminal laws enforced by DHS. This system of records is being created from a previously issued system of records, DHS/ICE 011-Immigration and Enforcement Operational Records (ENFORCE). See 80 FR 24,269 (Apr. 30, 2015). DHS/ICE is updating this system of records to: Change the system of records name to ``DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement Records (CARIER)'' System of Records; update and reorganize the categories of individuals for clarity; expand the categories of records to include recordings of detainee telephone calls and information about these calls, as well as information related to detainees' accounts for telephone or commissary services in a detention facility; update the system manager; clarify system location; and add twenty-five routine uses and modify twenty routine uses to describe how the Department of Homeland Security may share information from this system. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This updated system will be included in the Department of Homeland Security's inventory of record systems.
Federal Register, Volume 81 Issue 202 (Wednesday, October 19, 2016)
[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Notices]
[Pages 72080-72089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25197]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0073]


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

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to update, rename, and reissue a 
current DHS system of records titled, ``DHS//U.S. Immigration and 
Customs Enforcement (ICE)-011 Immigration and Enforcement Operational 
Records (ENFORCE)'' system of records. DHS/ICE collects, uses, and 
maintains ENFORCE 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. DHS/ICE also uses ENFORCE to support the 
identification and arrest of individuals (both citizens and non-
citizens) who commit violations of federal criminal laws enforced by 
DHS. This system of records is being created from a previously issued 
system of records, DHS/ICE 011-Immigration and Enforcement Operational 
Records (ENFORCE). See 80 FR 24,269 (Apr. 30, 2015).
    DHS/ICE is updating this system of records to: Change the system of 
records name to ``DHS/ICE-011 Criminal Arrest Records and Immigration 
Enforcement Records (CARIER)'' System of Records; update and reorganize 
the categories of individuals for clarity; expand the categories of 
records to include recordings of detainee telephone calls and 
information about these calls, as well as information related to 
detainees' accounts for telephone or commissary services in a detention 
facility; update the system manager; clarify system location; and add 
twenty-five routine uses and modify twenty routine uses to describe how 
the Department of Homeland Security may share information from this 
system. Additionally, this notice includes non-substantive changes to 
simplify the formatting and text of the previously published notice.
    This updated system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before November 18, 2016. This updated 
system will be effective November 18, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0073 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: Jonathan R. Cantor, Acting 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Amber Smith, (202-732-3300), Privacy Officer, U.S. Immigration and 
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, 
DC 20536. For privacy questions, please contact: Jonathan R. Cantor, 
(202-343-1717), Acting Chief Privacy Officer, Privacy Office, U.S. 
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

[[Page 72081]]

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/ICE 
is updating, renaming, and reissuing a DHS system of records now 
titled, ``DHS/Immigration and Enforcement (ICE)-011 Criminal Arrest 
Records and Immigration Enforcement Records (CARIER) System of 
Records.''
    The DHS/ICE update to CARIER includes several changes. First, the 
system of records is being renamed to better align it with the purpose 
of the system. This system of records covers records documenting ICE's 
criminal arrests, and also those documenting most of ICE's immigration 
enforcement actions, such as the issuance of immigration detainers; the 
arrests, charging, detention, and removal of aliens for administrative 
immigration violations; the search for and apprehension of fugitive 
aliens; and ICE decisions concerning the grant or denial of parole to 
aliens. This system of records is being created from a previously 
issued system of records named, DHS/ICE 011-Immigration and Enforcement 
Operational Records (ENFORCE), 80 FR 24,269 (Apr. 30, 2015).
    Second, this update seeks to clarify the types of individuals whose 
information is contained in this system of records. Some items in the 
category of individuals section have been reorganized and edited to 
more clearly identify the individuals whose records may be present in 
this system of records.
    Third, the categories of records section has been expanded to 
provide a more detailed and complete list of the types of information 
contained in the system of records. The new categories of records added 
to the system of records are domestic and foreign criminal history 
information; information related to detainees' accounts for telephone 
or commissary services in a detention facility; and video recordings of 
detainees. The CARIER system of records also contains detainee 
voiceprints used to verify identity when a detainee is released under 
an alternative to detention program, as well as the actual audio 
recordings of detainee ``check-in'' telephone calls. Additionally, the 
CARIER system of records contains recordings of detainee telephone 
calls made from a detention facility and information about these calls 
such as the date, time, duration, and telephone number called (Note: 
Information for protected telephone calls, such as calls with an 
attorney, is not recorded).
    Fourth, the system location and security classification have been 
updated to indicate that certain records may be replicated from ICE's 
Enforcement Integrated Database (EID) and stored on both DHS 
unclassified and classified networks to allow for analysis and vetting 
consistent with existing DHS/ICE authorities and purposes and this 
published notice.
    Fifth, the title of the system manager has been updated.
    Finally, DHS is proposing to add new routine uses that would allow 
ICE to share information from the CARIER system of records with the 
specified recipients for the specified purpose. DHS is also proposing 
to delete several routine uses and modify several others to clarify 
their meaning and/or to expand or limit the scope of the information 
shared. Several of the routine uses being added to or updated in the 
CARIER SORN are the same routine uses included in the Department of 
Homeland Security/U.S. Customs and Immigration Services (USCIS)/ICE/
Customs and Border Protection (CBP)-001 Alien File, Index, and National 
File Tracking (A-File) SORN. 78 FR. 69,864, (Nov. 21, 2013). Although 
both SORNs support the immigration enforcement mission, they often 
contain different information about aliens that may need to be shared. 
Therefore, identical or similar routine uses may be needed in both 
SORNs to ensure that immigration information can be shared as needed 
for law enforcement and other authorized purposes.
    Below is a summary of the new routine uses and their corresponding 
letter:
    (H) To prospective claimants and their attorneys for the purpose of 
negotiating the settlement of an actual or prospective claim against 
DHS or its current or former employees, in advance of the initiation of 
formal litigation or proceedings;
    (J) To federal, state, local, tribal, or territorial government 
agencies, or other entities or individuals, or through established 
liaison channels to selected foreign governments, in order to provide 
intelligence, counterintelligence, or other information for the 
purposes of national security, intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, E.O., or other 
applicable national security directive;
    (K) To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when such disclosure is to support the conduct of national 
intelligence and security investigations or to assist in anti-terrorism 
efforts;
    (P) To disclose information to the U.S. Department of Justice (DOJ) 
Executive Office of Immigration Review (EOIR) and to the Board of 
Immigration Appeals (the entities that adjudicate immigration cases), 
to the extent necessary to carry out their authorized duties pertaining 
to the adjudication of matters arising under the INA;
    (DD) To DOJ and other law enforcement or custodial agencies to 
facilitate payments and reporting under the State Criminal Alien 
Assistance Program or similar programs;
    (EE) To any law enforcement agency or custodial agency (such as a 
jail or prison) to serve that agency with notice of an immigration 
detainer, or to update or remove a previously issued immigration 
detainer, for an individual believed to be in that agency's custody;
    (MM) To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings (including discovery, presentation of evidence, 
and settlement negotiations), and when DHS determines that use of such 
records is relevant and necessary to the litigation before a court or 
adjudicative body when any of the following is a party to or have an 
interest in the litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity when DOJ or 
DHS has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    (NN) To federal, state, local, tribal, territorial, international, 
or foreign government agencies or entities for the purpose of 
consulting with that agency or entity:
    1. To assist in making a determination regarding redress for an 
individual in connection with the operations of a DHS component or 
program;
    2. To verify the identity of an individual seeking redress in 
connection with the operations of a DHS component or program; or
    3. To verify the accuracy of information submitted by an individual 
who has requested such redress on behalf of another individual.
    (OO) 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

[[Page 72082]]

agencies or organizations during an epidemiological investigation, in 
facilitating continuity of care, in preventing exposure to or 
transmission of a communicable or quarantinable disease of public 
health significance, or to combat other significant public health 
threats.
    (PP) To foreign governments for the purpose of providing 
information about their citizens or permanent residents, or family 
members thereof, during local or national disasters or health 
emergencies;
    (QQ) To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime) or cause of death;
    (RR) To a former employee of DHS for purposes of responding to an 
official inquiry by federal, state, local, tribal, or territorial 
government agencies or professional licensing authorities; or 
facilitating communications with a former employee that may be relevant 
and necessary for personnel-related or other official purposes, when 
DHS requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility;
    (SS) To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance, grant, renewal, suspension or revocation 
of a security clearance, license, contract, grant, or other benefit; or 
if the information is relevant and necessary to a DHS decision 
concerning the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant or other 
benefit;
    (TT) To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of licensed professionals or who those seeking to become 
licensed professionals;
    (UU) To an attorney or representative (as defined in 8 CFR 1.2, 
202.1, 1001.1(f), or 1202.12) who is acting on behalf of an individual 
covered by this system of records in connection with any proceeding 
before U.S. Citizenship and Immigration Services (USCIS), ICE, U.S. 
Customs and Border Protection (CBP), or the EOIR, as required by law or 
as deemed necessary in the discretion of the Department;
    (VV) To members of the public, with regard to disclosure of limited 
detainee biographical information for the purpose of facilitating the 
deposit of monies into detainees' accounts for telephone or commissary 
services in a detention facility;
    (WW) To federal, state, local, tribal, or territorial government 
agencies seeking to verify or ascertain the citizenship or immigration 
status of any individual within the jurisdiction of the agency for any 
purpose authorized by law;
    (XX) To DOJ or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
necessary to assist in the development of such agency's legal and/or 
policy position;
    (YY) To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or prosecution, 
pre-trial, sentencing, parole, probation, bail bonds, or any other 
aspect of the criminal justice process, and to defense counsel 
representing an individual in a domestic criminal proceeding, in order 
to ensure the integrity and efficiency of the criminal justice system 
by informing these recipients of the existence of an immigration 
detainer or the individual's status in removal proceedings, including 
removal or custodial status/location. Disclosure of the individual's 
Alien Registration Number (A-Number) and country of birth is also 
authorized to facilitate these recipients' use of the ICE Online 
Detainee Locator System for the purposes listed above;
    (ZZ) To a foreign government to notify it concerning its citizens 
or residents who are incapacitated, an unaccompanied minor, or 
deceased;
    (AAA) To family members, guardians, committees, friends, or other 
agents identified by law or regulation to receive notification, 
decisions, and other papers as provided in 8 CFR 103.8 from DHS or EOIR 
following verification of a familial or agency relationship with an 
alien when DHS is aware of indicia of incompetency or when an alien has 
been determined to be mentally incompetent by an immigration judge;
    (BBB) To an organization or person in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, or when the information is relevant 
to the protection of life, property, or other vital interests of a 
person.
    (CCC) To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of granting or revoking naturalization.
    (DDD) To federal, state, local, tribal, territorial, foreign, or 
international agencies, after discovery of such information, if DHS 
determines: (1) The information is relevant and necessary to that 
agency's decision concerning the hiring or retention of an individual, 
or issuance of a security clearance, license, contract, grant, or other 
benefit; and (2) Failure to disclose the information is likely to 
create a substantial risk to government facilities, equipment or 
personnel; sensitive information; critical infrastructure; or public 
safety.
    Below is a summary of the routine uses that are proposed to be 
modified or deleted, and their corresponding letter:
    (A) Expanded scope to include sharing with the Offices of the 
United States Attorneys. Also removed sharing with a court, magistrate, 
administrative tribunal, opposing counsel, parties, and witnesses 
because routine use LL now permits sharing with these recipients.
    (C) Updated to note that records will be provided specifically to 
the General Services Administration rather than to other Federal 
Government agencies.
    (D) Updated to clarify that records will not be given to 
individuals, but to agencies or organizations performing the audit.
    (E) Updated to add the risk of identity theft or fraud, and harm to 
economic or property interests as additional risks that DHS may 
determine may be a result of the suspected or confirmed compromise.
    Routine use H in the previous version of the SORN, which authorized 
disclosure during court proceedings, has been removed and replaced by 
new routine use MM. The new routine use contains improved wording that 
is clearer about when disclosures may be made under these 
circumstances.
    (I) Updated to enable DHS to share information when it deems that 
such disclosure is necessary to carry out its functions and statutory 
mandates.
    (J) Former routine uses J and K have been removed and the sharing 
they permitted is now combined into one routine use that authorizes 
disclosure for the purposes of national security, intelligence, 
counterintelligence, or antiterrorism activities.
    Routine use L in the previous version of the SORN has been removed 
and replaced by a new routine use K permitting sharing with federal and 
foreign government intelligence or counterterrorism agencies or 
components in support of national intelligence and security 
investigations or to assist in anti-terrorism efforts.
    (N) Updated to clarify that in disclosing custodial location to 
family members, attorneys, and other agents

[[Page 72083]]

acting on the behalf of an alien, the agency may also disclose if the 
alien was released from ICE custody and/or transferred to the custody 
of another agency. This authority was implied but not expressly stated 
in the previous version of routine use N. Also modified to clarify that 
disclosure is authorized to attorneys representing the alien in any 
legal proceeding, not only immigration proceedings.
    (O) Updated to clarify that information can be shared for other 
purposes or activities within the scope of the EOIR contract.
    (R) (previously routine use Q) Expanded scope to include sharing 
with domestic courts and to clarify agencies collecting the repayment 
of loans, or fraudulently or erroneously secured benefits.
    (V) (previously routine use U) Expanded scope to include 
prosecutions and/or other law enforcement actions.
    (W) (previously routine use V) Expanded scope to include sharing 
with federal, state, local, tribal, or territorial law enforcement or 
correctional agencies concerning individuals in ICE custody that are to 
be transferred to such agency's custody, in order to coordinate the 
transportation, custody, and care of the individuals.
    (X) (previously routine use W) Expanded scope to include sharing in 
order to arrange other social services.
    (Y) (previously routine use X) Updated to replace ICE with DHS.
    (BB) (previously routine use CC) Expanded the sharing of custodial 
information to witnesses and individuals with a legal responsibility to 
act on behalf of or acting at the request of a victim or witness, as 
well as external victim notification systems.
    (CC) (previously routine use Y) Scope is narrowed to exclude 
sharing in order to place an immigration detainer on an individual. 
Sharing in order to place a detainer is now covered by routine use DD. 
Additionally, this routine use previously was used when ICE was 
transferring an individual to another agency. It has been expanded to 
allow sharing during the course of transfer of custody of an individual 
either to or from ICE's custody.
    (HH) (previously routine use BB) Expanded scope to include sharing 
with the attorney or guardian ad litem of an individual's child for 
purposes of allowing the attorney/guardian to identify the location or 
status of the individual.
    (KK) (previously routine use FF) Expanded scope to include sharing 
with territorial government agencies or entities or multinational 
governmental agencies. It also expands the purposes of the sharing to 
developing and implementing new software or technology when the purpose 
of the software or technology is related to this system of records.
    (LL) (previously routine use GG) Former routine use GG has been 
removed and the sharing it permitted is now contained in two new 
routine uses to improve clarity: Routine use LL permitting the 
disclosure of information via the ICE Online Detainee Locator System or 
any successor system, and routine use VV permitting the disclosure of 
information to facilitate the deposit of monies into detainees' 
accounts for telephone or commissary services in a detention facility.
    Finally, there have been changes regarding the retention period for 
some records. Retention periods have been added for records concerning 
paroled aliens and fugitive aliens maintained in certain ICE 
information systems. Also, the fingerprints and photographs collected 
using the booking application EID Arrest Guide for Law Enforcement 
(EAGLE), previously known as Mobile IDENT, originally were stored for 
up to seven (7) days in the cache of an encrypted Government laptop or 
other IT device. Now they are stored for up to fifty (50) days.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ICE-011 Criminal Arrest Records and Immigration 
Enforcement Records may be shared with other DHS Components that have a 
need to know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, DHS/ICE may share information with appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies consistent with the routine uses set forth in this 
system of records notice.
    This updated system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which Federal Government agencies 
collect, maintain, use, and disseminate individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency from which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass U.S. citizens and lawful 
permanent residents. 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 DHS/ICE-011 Criminal Arrest Records 
and Immigration Enforcement Records (CARIER) System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/U.S. Immigration and 
Enforcement Operations (ICE)-011

System name:
    DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement 
Records

Security classification:
    Unclassified; Controlled Unclassified Information (CUI). The data 
may be retained on the classified networks, but this does not change 
the nature and character of the data until it is combined with 
classified information.

System location:
    Records are maintained at DHS/ICE information technology (IT) 
systems (e.g., the EID and the various ICE applications associated with 
it, Parole Case Tracking System (PCTS), Online Detainee Locator System 
(ODLS), Electronic Travel Document (eTD) System, the contractor-owned 
IT system supporting ICE's Alternatives to Detention (ATD) program) and 
associated electronic and paper files located at ICE Headquarters in 
Washington, DC, ICE field and attach[eacute] offices, contractor 
offices, and detention facilities operated by or on behalf of ICE, or 
that otherwise house individuals arrested or detained by ICE. Records 
are replicated from the operational DHS/ICE IT systems and maintained 
on DHS unclassified and classified networks used for analysis and 
vetting.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include (1) 
individuals arrested, detained, or removed from the United States for 
criminal or administrative violations of the Immigration and 
Nationality Act, or individuals issued a Notice to Appear in 
immigration court; (2) individuals who are the subject of an 
immigration detainer issued to another law

[[Page 72084]]

enforcement or custodial agency; (3) individuals arrested by ICE for 
violations of criminal laws enforced by ICE or DHS; (4) individuals who 
fail to leave the United States after receiving a final order of 
removal, deportation, or exclusion, or who fail to report to ICE for 
removal after receiving notice to do so (fugitive aliens); (5) 
individuals who illegally re-enter the United States after departing 
pursuant to an order of voluntary departure or being removed from the 
United States (illegal re-entrants); (6) individuals who request to be 
removed at their own expense or are eligible for voluntary removal from 
the United States pursuant to sec. 250 of the Immigration and 
Nationality Act; (7) individuals who are granted parole into the United 
States under sec. 212(d)(5) of the Immigration and Nationality Act 
(parolees); (8) attorneys or representatives who represent individuals 
listed in the categories above; (9) other individuals whose information 
may be collected or obtained during the course of an immigration 
enforcement or criminal matter, such as witnesses, associates, and 
relatives; (10) persons who post or arrange bond for the release of an 
individual from ICE detention, or receive custodial property of a 
detained alien; and (11) prisoners of the U.S. Marshals Service held in 
ICE detention facilities.

Categories of records in the system:
    Biographic, biometric, descriptive, historical, and other 
identifying data, including:
     Full Name;
     Alias(es);
     A-Number;
     Social Security number (SSN);
     Date of birth;
     Place of birth;
     Nationality;
     Fingerprint Identification Number (FIN);
     Federal Bureau of Investigation (FBI) number;
     Other unique identifying numbers (e.g., federal, state, 
local and tribal identification numbers);
     Government-issued identification (e.g., passport, drivers' 
license):
    [cir] Document type;
    [cir] Issuing organization;
    [cir] Document number;
    [cir] Expiration date;
     Visa information;
     Contact or location information (e.g., known or possible 
addresses, phone numbers);
     Employment history;
     Education history;
     Immigration history (e.g., citizenship/naturalization 
certificate number, removals, explanations);
     Domestic and foreign criminal history (e.g., arrest, 
charges, dispositions, and sentencing, corresponding dates, 
jurisdictions);
     Physical Description (e.g., height, weight, eye color, 
hair color, race, ethnicity, identifying marks like scars, tattoos, or 
birthmarks);
     Biometric (i.e., fingerprints, voiceprints, iris images, 
photographs, and DNA samples). DNA samples required by DOJ regulation 
(see 28 CFR part 28) are collected and sent to the FBI. DNA samples are 
not retained or analyzed by DHS; and
     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).
    Case-related data:
     Case number;
     Record number;
     Case category;
     Charges brought and disposition;
     Case agent;
     Data initiated and completed; and
     Other data describing an event involving alleged 
violations of criminal or immigration law (i.e., location; date; time; 
type of criminal or immigration law violations alleged; type of 
property involved; use of violence, weapons, or assault against DHS 
personnel or third parties; attempted escape; and other related 
information).
    Information presented to or collected by ICE during immigration and 
law enforcement proceedings or activities:
     Date of birth;
     Place of birth;
     Marital status;
     Education history;
     Employment history;
     Travel history; and
     Other information derived from affidavits, certificates, 
manifests, and other documents. This data typically pertains to 
subjects, relatives, associates, and witnesses.
    Detention data on aliens:
     Immigration detainers issued;
     Transportation information;
     Detention-related identification numbers;
     Detention facility;
     Security, risk, and custody classification;
     Custody recommendation;
     Flight risk indication;
     Book-in/book-out date and time;
     Mandatory detention and criminal flags;
     Aggravated felon status;
     Other alerts;
     Information about an alien's release from custody on bond, 
recognizance, or supervision;
     Information related to prosecutorial discretion 
determinations;
     Property inventory and receipt;
     Information related to disciplinary issues or grievances;
     Documents and video recordings related to alleged 
misconduct and other incidents involving detainees; and
     Other detention-related information (e.g., documentation 
of an allegation of sexual abuse or assault, documentation of strip and 
body cavity searches, documentation of reasons for segregation or other 
housing placement, documentation of participation in the orientation 
process).
    Detention data for U.S. Marshals Service prisoners:
     Full Name;
     Date of birth;
     Country of birth;
     Identification numbers (e.g., detainee, FBI, state);
     Book-in/book-out date and time; and
     Security classification.
    Limited health information relevant to an individual's placement in 
an ICE detention facility or transportation requirements:
     Medical alerts or general information on physical 
disabilities or other special needs or vulnerabilities to facilitate 
placement in a facility or bed that best accommodates these needs. 
Medical records about individuals in ICE custody (i.e., records 
relating to the diagnosis or treatment of individuals) are maintained 
in DHS/ICE--013 Alien Medical Records System of Records.
    Progress, status, and final result of removal, prosecution, and 
other DHS processes and related appeals:
     Information relating to criminal convictions;
     Incarceration;
     Travel documents; and
     Other information pertaining to the actual removal of 
aliens from the United States.
    Contact, biographical, and identifying data about Relatives, 
Attorneys or Representatives, Associates or Witnesses of an alien in 
proceedings initiated or conducted by DHS may include:
     Full Name;
     Date of birth;
     Place of birth; and
     Contact or location information (e.g., addresses, phone 
numbers, business, or agency name).
    Data concerning personnel of other agencies that arrested, or 
assisted or participated in the arrest or investigation of, or are 
maintaining custody of an individual whose arrest record is contained 
in this system of records may include:
     Full Name;

[[Page 72085]]

     Title;
     Contact or location information (e.g., addresses, phone 
numbers, business, or agency name); and
     Other information.
    Data about persons who post or arrange an immigration bond for the 
release of an individual from ICE custody, or receive custodial 
property of an individual in ICE custody may include:
     Full Name;
     Address;
     Phone numbers;
     SSN; and
     Other information.
    Recordings of detainee telephone calls when responding as part of 
an alternative to detention program or of detainee calls made in 
detention facilities. Information about these calls may include:
     Date;
     Time;
     Duration; and
     Phone number called. (Note: Protected telephone calls, 
such as calls with an attorney, are not recorded and information about 
protected telephone calls is not retained.)
    Information related to detainees' accounts for telephone or 
commissary services in a detention facility.

Authority for maintenance of the system:
    Authority for maintain this system is in 8 U.S.C. 1103, 1225, 1226, 
1324, 1357, 1360, and 1365(a)(b); Title 18, United States Code, 
Chapters 27, 77, 85, 95, 109A, 110, 113, and 117; Title 31, United 
States Code, Chapter 53, Subchapter II; Title 50 Appendix, United 
States Code; The Tariff Act of 1930; Justice for All Act of 2004 (Pub. 
L. 108-405); DNA Fingerprint Act of 2005 (Pub. L. 109-162); Adam Walsh 
Child Protection and Safety Act of 2006 (Pub. L. 109-248); and 28 CFR 
part 28, ``DNA-Sample Collection and Biological Evidence Preservation 
in the Federal Jurisdiction;'' DHS Delegation Number 7030.2, Delegation 
of Authority to the Assistant Secretary for the Bureau of Immigration 
and Customs Enforcement and the Reorganization Plan Modification for 
the Department of Homeland Security (January 30, 2003).

Purpose(s):
    The purposes of this system are:
    1. To support the identification, arrest, charging, detention, and 
removal of individuals unlawfully entering or present in the United 
States in violation of the Immigration and Nationality Act, including 
fugitive aliens and illegal re-entrants.
    2. To support the identification and arrest of individuals (both 
citizens and non-citizens) who commit violations of criminal laws 
enforced by ICE or 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 or denial of parole, and tracking of 
individuals who seek or receive parole into the United States.
    5. To provide criminal and immigration history information during 
DHS enforcement encounters, and to support background checks on 
applicants for DHS immigration benefits (e.g., employment authorization 
and petitions).
    6. To identify potential criminal activity, immigration violations, 
and threats to homeland security; to 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), including Offices of the 
United States Attorneys, or other federal agency conducting litigation 
or in proceedings before any court, adjudicative, or administrative 
body, when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that 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 identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS' 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, local, tribal, territorial, 
international, or foreign law enforcement agency or other appropriate 
authority charged with investigating or prosecuting a violation, 
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 prospective claimants and their attorneys for the purpose of 
negotiating the settlement of an actual or prospective claim against 
DHS or its current or former employees, in advance of the initiation of 
formal litigation or proceedings.
    I. To federal, state, local, tribal, territorial, or foreign 
government agencies, as well as to other individuals and organizations 
during the course of an investigation by DHS or the processing of a 
matter under DHS's jurisdiction, or during a proceeding within the 
purview of immigration and nationality laws, when DHS deems that

[[Page 72086]]

such disclosure is necessary to carry out its functions and statutory 
mandates or to elicit information required by DHS to carry out its 
functions and statutory mandates.
    J. To federal, state, local, tribal, or territorial government 
agencies, or other entities or individuals, or through established 
liaison channels to selected foreign governments, in order to provide 
intelligence, counterintelligence, or other information for the 
purposes of national security, intelligence, counterintelligence, or 
antiterrorism activities authorized by U.S. law, E.O., or other 
applicable national security directive.
    K. To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when such disclosure is to support the conduct of national 
intelligence and security investigations or to assist in anti-terrorism 
efforts.
    L. To any federal agency to enable such agency to make 
determinations regarding the payment of federal benefits to the record 
subject in accordance with that agency's statutory responsibilities.
    M. To foreign governments for the purpose of coordinating and 
conducting the removal of aliens from the United States to other 
nations under the Immigration and Nationality Act (INA); and to 
international, foreign, intergovernmental, and multinational 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 in immigration or other legal proceedings, 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, 
released from DHS custody, or transferred to the custody of another 
agency, provided however, that the requesting individuals are able to 
verify the alien's date of birth or A-Number, or can otherwise present 
adequate verification of a familial or agency relationship with the 
alien, such as a Form G-514 or other proof of representation in a legal 
proceeding (e.g., notice of appearance, court appointment).
    O. To the DOJ Executive Office of Immigration Review (EOIR) or its 
contractors, consultants, or others performing or working on a contract 
for EOIR, for the purpose of providing information about 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, or for other purposes or activities within 
the scope of the EOIR contract.
    P. To disclose information to the DOJ EOIR and to the Board of 
Immigration Appeals, to the extent necessary to carry out their 
authorized duties pertaining to the adjudication of matters arising 
under the INA.
    Q. 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.
    R. To federal, state, tribal, territorial, or local government 
agencies or domestic courts to assist such agencies in collecting the 
repayment of loans, or fraudulently or erroneously secured benefits, 
grants, or other debts owed to them or to the United States Government, 
or to obtain information that may assist DHS in collecting debts owed 
to the United States Government.
    S. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements; or when the Department of State requires 
information to consider or provide an informed response to a request 
for information from a foreign, international, or intergovernmental 
agency, authority, or organization about an alien or an enforcement 
operation with transnational implications.
    T. 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.
    U. 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.
    V. To federal, state, local, territorial, tribal, international, or 
foreign criminal, civil, or regulatory law enforcement authorities when 
the information is necessary for collaboration, coordination and de-
confliction of investigative matters, prosecutions, and/or other law 
enforcement actions to avoid duplicative or disruptive efforts and to 
ensure the safety of law enforcement officers who may be working on 
related law enforcement matters.
    W. To the U.S. Marshals Service (USMS) concerning USMS prisoners 
that are or will be held in detention facilities operated by or on 
behalf of ICE, and to federal, state, local, tribal, or territorial law 
enforcement or correctional agencies concerning individuals in DHS 
custody that are to be transferred to such agency's custody, in order 
to coordinate the transportation, custody, and care of these 
individuals.
    X. To third parties to facilitate placement or release of an 
individual (e.g., at a group home, homeless shelter) who has been or is 
about to be released from DHS custody but only such information that is 
relevant and necessary to arrange housing, continuing medical care, or 
other social services for the individual.
    Y. To a domestic government agency or other appropriate authority 
for the purpose of providing information about an individual who has 
been or is about to be released from DHS custody who, due to a 
condition such as mental illness, may pose a health or safety risk to 
himself/herself or to the community. DHS 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 individual's 
need to remain on certain medication for a serious mental health 
condition).
    Z. 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.
    AA. 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.
    BB. To victims and witnesses regarding custodial information, such 
as transfer to another custodial agency or location, release on bond, 
order of

[[Page 72087]]

supervision, removal from the United States, or death in custody, about 
an individual who is the subject of a criminal or immigration 
investigation, proceeding, or prosecution. This would also authorize 
disclosure of custodial information to individuals with a legal 
responsibility to act on behalf of a victim or witness (e.g., attorney, 
parent, legal guardian) and individuals acting at the request of a 
victim or witness; as well as external victim notification systems that 
make such information available to victims and witnesses in electronic 
form.
    CC. To the Federal Bureau of Prisons (BOP) and other federal, 
state, local, territorial, tribal, and foreign law enforcement or 
custodial agencies for the purpose of facilitating the transfer of 
custody of an individual to or from that agency. This will include the 
transfer of information about unaccompanied minor children to the U.S. 
Department of Health and Human Services (HHS) to facilitate the 
custodial transfer of such children from DHS to HHS.
    DD. To DOJ and other law enforcement or custodial agencies to 
facilitate payments and reporting under the State Criminal Alien 
Assistance Program or similar programs.
    EE. To any law enforcement agency or custodial agency (such as a 
jail or prison) to serve that agency with notice of an immigration 
detainer, or to update or remove a previously issued immigration 
detainer, for an individual who is believed to be in that agency's 
custody.
    FF. To DOJ, disclosure of DNA samples and related information as 
required by 28 CFR part 28.
    GG. To DOJ, disclosure of arrest and removal information for 
inclusion in relevant DOJ law enforcement databases and for use in the 
enforcement of federal firearms laws (e.g., Brady Handgun Violence 
Prevention Act, as amended by the NICS Improvement Amendments Act).
    HH. To the attorney or guardian ad litem of an individual's child, 
or to federal, state, local, tribal, territorial, or foreign 
governmental or quasi-governmental agencies or courts, to confirm the 
location, custodial status, removal, or voluntary departure of an 
individual from the United States, in order to facilitate the 
recipients' exercise of responsibilities pertaining to the custody, 
care, or legal rights (including issuance of a U.S. passport) of the 
individual's children, or the adjudication or collection of child 
support payments or other similar debts owed by the individual.
    II. To any person or entity to the extent necessary to prevent 
immediate loss of life or serious bodily injury, such as disclosure of 
custodial release information to witnesses who have received threats 
from individuals in custody.
    JJ. 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; 
(2) posting the bond; (3) obtaining payments related to the bond; or 
(4) conducting other administrative or financial management activities 
related to the bond.
    KK. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational governmental agencies 
when DHS desires to exchange relevant data for the purpose of 
developing, testing, or implementing new software or technology whose 
purpose is related to this system of records.
    LL. Limited detainee biographical information will be publicly 
disclosed via the ICE Online Detainee Locator System or any successor 
system for the purpose of identifying whether a detainee is in ICE 
custody and the custodial location.
    MM. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings (including discovery, presentation of evidence, 
and settlement negotiations) and when DHS determines that use of such 
records is relevant and necessary to the litigation before a court or 
adjudicative body when any of the following is a party to or have an 
interest in the litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity when DOJ or 
DHS has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    NN. To federal, state, local, tribal, territorial, international, 
or foreign government agencies or entities for the purpose of 
consulting with that agency or entity:
    1. To assist in making a determination regarding redress for an 
individual in connection with the operations of a DHS component or 
program;
    2. To verify the identity of an individual seeking redress in 
connection with the operations of a DHS component or program; or
    3. To verify the accuracy of information submitted by an individual 
who has requested such redress on behalf of another individual.
    OO. 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, in preventing exposure to or 
transmission of a communicable or quarantinable disease of public 
health significance, or to combat other significant public health 
threats.
    PP. To foreign governments for the purpose of providing information 
about their citizens or permanent residents, or family members thereof, 
during local or national disasters or health emergencies.
    QQ. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime) or cause of death.
    RR. To a former employee of DHS for purposes of responding to an 
official inquiry by federal, state, local, tribal, or territorial 
government agencies or professional licensing authorities; or 
facilitating communications with a former employee that may be relevant 
and necessary for personnel-related or other official purposes, when 
DHS requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    SS. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning the hiring or retention of an 
individual, or the issuance, grant, renewal, suspension or revocation 
of a security clearance, license, contract, grant, or other benefit; or 
if the information is relevant and necessary to a DHS decision 
concerning the hiring or retention of an employee, the issuance of a 
security clearance, the reporting of an investigation of an employee, 
the letting of a contract, or the issuance of a license, grant or other 
benefit.
    TT. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of licensed professionals or those seeking to become 
licensed professionals.
    UU. To an attorney or representative (as defined in 8 CFR 1.2, 
202.1, 1001.1(f), or 1202.12) who is acting on behalf of an individual 
covered by this

[[Page 72088]]

system of records in connection with any proceeding before U.S. 
Citizenship and Immigration Services (USCIS), ICE, U.S. Customs and 
Border Protection (CBP), or the EOIR, as required by law or as deemed 
necessary in the discretion of the Department.
    VV. To members of the public, with regard to disclosure of limited 
detainee biographical information for the purpose of facilitating the 
deposit of monies into detainees' accounts for telephone or commissary 
services in a detention facility.
    WW. To federal, state, local, tribal, or territorial government 
agencies seeking to verify or ascertain the citizenship or immigration 
status of any individual within the jurisdiction of the agency for any 
purpose authorized by law.
    XX. To the Department of Justice (including Offices of the United 
States Attorneys) or other federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when necessary to assist in the development of such agency's legal and/
or policy position.
    YY. To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or prosecution, 
pre-trial, sentencing, parole, probation, bail bonds, or any other 
aspect of the criminal justice process, and to defense counsel 
representing an individual in a domestic criminal proceeding, in order 
to ensure the integrity and efficiency of the criminal justice system 
by informing these recipients of the existence of an immigration 
detainer or the individual's status in removal proceedings, including 
removal or custodial status/location. Disclosure of the individual's A-
Number and country of birth is also authorized to facilitate these 
recipients' use of the ICE Online Detainee Locator System for the 
purposes listed above.
    ZZ. To a foreign government to notify it concerning its citizens or 
residents who are incapacitated, an unaccompanied minor, or deceased.
    AAA. To family members, guardians, committees, friends, or other 
agents identified by law or regulation to receive notification, 
decisions, and other papers as provided in 8 CFR 103.8 from the 
Department of Homeland Security or Executive Office for Immigration 
Review following verification of a familial or agency relationship with 
an alien when DHS is aware of indicia of incompetency or when an alien 
has been determined to be mentally incompetent by an immigration judge.
    BBB. To an organization or person in either the public or private 
sector, either foreign or domestic, when there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, or when the information is relevant 
to the protection of life, property, or other vital interests of a 
person.
    CCC. To clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of granting or revoking naturalization.
    DDD. To federal, state, local, tribal, territorial, foreign, or 
international agencies, after discovery of such information, if DHS 
determines: (1) The information is relevant and necessary to that 
agency's decision concerning the hiring or retention of an individual, 
or issuance of a security clearance, license, contract, grant, or other 
benefit; and (2) Failure to disclose the information is likely to 
create a substantial risk to government facilities, equipment, or 
personnel; sensitive information; critical infrastructure; or public 
safety.
    EEE. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute 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:
    ICE may store information in case file folders, cabinets, safes, or 
a variety of electronic or computer databases and storage media.

Retrievability:
    ICE may retrieve records by name, biometric identifiers, 
identification numbers including, but not limited to, A-Number, 
fingerprint identification number, SSN, case or record number if 
applicable, case related data, or a combination of other personal 
identifiers including, but not limited to, date of birth, and 
nationality.

Safeguards:
    ICE safeguards records in this system 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 retains 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 EAGLE application for up to fifty (50) days in the cache of an 
encrypted Government laptop or other IT device; 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 retains records in the PCTS for 25 years from the termination 
of parole. The ODLS uses an extract of EID data about current detainees 
and detainees that were released during the last sixty (60) days. 
Records are retained in ODLS for as long as they meet the extract 
criteria. The eTD System stores travel documents for twenty (20) years. 
The ATD system's records are not yet the subject of a records schedule, 
however, ICE is in the process of developing one and will propose the 
records are retained for ten years from the end of the calendar year in 
which the alien is removed from the ATD program.

System Manager and address:
    Executive Associate Director, Office of Homeland Security 
Investigations, U.S. Immigration & Customs Enforcement, 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

[[Page 72089]]

record contained in this system of records, or seeking to contest its 
content, may submit a request in writing to ICE's Freedom of 
Information Act (FOIA) Officer, whose contact information can be found 
at http://www.ice.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/foia 
or 1-866-431-0486. In addition you should provide the following:
     Explain 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; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
     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.
    In processing requests for access to information in this system, 
DHS/ICE will review not only the records in the operational system, but 
also the records that were replicated on the unclassified and 
classified networks, and based on this notice provide appropriate 
access to the information.

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, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(2), has exempted this system of records from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H); and (f). When a record received from another 
system has been exempted in that source system under 5 U.S.C. 
552a(j)(2) or (k)(2), DHS will claim the same exemptions for those 
records that are claimed for the original primary systems of records 
from which they originated and claims any additional exemptions set 
forth here.

    Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-25197 Filed 10-18-16; 8:45 am]
 BILLING CODE 9111-28-P
Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices 72085

• Title; non-citizens) who commit violations of necessary and relevant to such audit or
• Contact or location information criminal laws enforced by ICE or DHS. oversight function.
(e.g., addresses, phone numbers, 3. To track the process and results of E. To appropriate agencies, entities,
business, or agency name); and administrative and criminal proceedings and persons when:
• Other information. against individuals who are alleged to 1. DHS suspects or has confirmed that
Data about persons who post or have violated the Immigration and the security or confidentiality of
arrange an immigration bond for the Nationality Act or other laws enforced information in the system of records has
release of an individual from ICE by DHS. been compromised;
custody, or receive custodial property of 4. To support the grant or denial of 2. DHS has determined that as a result
an individual in ICE custody may parole, and tracking of individuals who of the suspected or confirmed
include: seek or receive parole into the United compromise, there is a risk of identity
• Full Name; States. theft or fraud, harm to economic or
• Address; 5. To provide criminal and property interests, harm to an
• Phone numbers; immigration history information during individual, or harm to the security or
• SSN; and DHS enforcement encounters, and to integrity of this system or other systems
• Other information. support background checks on or programs (whether maintained by
Recordings of detainee telephone calls applicants for DHS immigration benefits DHS or another agency or entity) that
when responding as part of an (e.g., employment authorization and rely upon the compromised
alternative to detention program or of petitions). information; and
detainee calls made in detention 6. To identify potential criminal 3. The disclosure made to such
facilities. Information about these calls activity, immigration violations, and agencies, entities, and persons is
may include: threats to homeland security; to uphold reasonably necessary to assist in
• Date; and enforce the law; and to ensure connection with DHS’ efforts to respond
• Time; public safety. to the suspected or confirmed
• Duration; and compromise and prevent, minimize, or
• Phone number called. (Note: ROUTINE USES OF RECORDS MAINTAINED IN THE remedy such harm.
Protected telephone calls, such as calls SYSTEM, INCLUDING CATEGORIES OF USERS AND F. To contractors and their agents,
THE PURPOSES OF SUCH USES: grantees, experts, consultants, and
with an attorney, are not recorded and
information about protected telephone In addition to those disclosures others performing or working on a
calls is not retained.) generally permitted under 5 U.S.C. contract, service, grant, cooperative
Information related to detainees’ 552a(b) of the Privacy Act, all or a agreement, or other assignment for DHS,
accounts for telephone or commissary portion of the records or information when necessary to accomplish an
services in a detention facility. contained in this system may be agency function related to this system of
disclosed outside DHS as a routine use records. Individuals provided
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: pursuant to 5 U.S.C. 552a(b)(3) as information under this routine use are
Authority for maintain this system is follows: subject to the same Privacy Act
in 8 U.S.C. 1103, 1225, 1226, 1324, A. To the Department of Justice (DOJ), requirements and limitations on
1357, 1360, and 1365(a)(b); Title 18, including Offices of the United States disclosure as are applicable to DHS
United States Code, Chapters 27, 77, 85, Attorneys, or other federal agency officers and employees.
95, 109A, 110, 113, and 117; Title 31, conducting litigation or in proceedings G. To an appropriate federal, state,
United States Code, Chapter 53, before any court, adjudicative, or local, tribal, territorial, international, or
Subchapter II; Title 50 Appendix, administrative body, when it is relevant foreign law enforcement agency or other
United States Code; The Tariff Act of or necessary to the litigation and one of appropriate authority charged with
1930; Justice for All Act of 2004 (Pub. the following is a party to the litigation investigating or prosecuting a violation,
L. 108–405); DNA Fingerprint Act of or has an interest in such litigation: enforcing, or implementing a law, rule,
2005 (Pub. L. 109–162); Adam Walsh 1. DHS or any component thereof; regulation, or order, when a record,
Child Protection and Safety Act of 2006 2. Any employee or former employee either on its face or in conjunction with
(Pub. L. 109–248); and 28 CFR part 28, of DHS in his/her official capacity; other information, indicates a violation
‘‘DNA-Sample Collection and Biological 3. Any employee or former employee or potential violation of law, which
Evidence Preservation in the Federal of DHS in his/her individual capacity includes criminal, civil, or regulatory
Jurisdiction;’’ DHS Delegation Number when DOJ or DHS has agreed to violations and such disclosure is proper
7030.2, Delegation of Authority to the represent the employee; or and consistent with the official duties of
Assistant Secretary for the Bureau of 4. The United States or any agency the person making the disclosure.
Immigration and Customs Enforcement thereof. H. To prospective claimants and their
and the Reorganization Plan B. To a congressional office from the attorneys for the purpose of negotiating
Modification for the Department of record of an individual in response to the settlement of an actual or
Homeland Security (January 30, 2003). an inquiry from that congressional office prospective claim against DHS or its
made at the request of the individual to current or former employees, in advance
PURPOSE(S): whom the record pertains. of the initiation of formal litigation or
The purposes of this system are: C. To the National Archives and proceedings.
1. To support the identification, Records Administration (NARA) or I. To federal, state, local, tribal,
arrest, charging, detention, and removal General Services Administration territorial, or foreign government
sradovich on DSK3GMQ082PROD with NOTICES

of individuals unlawfully entering or pursuant to records management agencies, as well as to other individuals
present in the United States in violation inspections being conducted under the and organizations during the course of
of the Immigration and Nationality Act, authority of 44 U.S.C. 2904 and 2906. an investigation by DHS or the
including fugitive aliens and illegal re- D. To an agency or organization for processing of a matter under DHS’s
entrants. the purpose of performing audit or jurisdiction, or during a proceeding
2. To support the identification and oversight operations as authorized by within the purview of immigration and
arrest of individuals (both citizens and law, but only such information as is nationality laws, when DHS deems that

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Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices 72087

supervision, removal from the United loss of life or serious bodily injury, such OO. To federal, state, local, tribal,
States, or death in custody, about an as disclosure of custodial release territorial, or foreign governmental
individual who is the subject of a information to witnesses who have agencies; multilateral governmental
criminal or immigration investigation, received threats from individuals in organizations; or other public health
proceeding, or prosecution. This would custody. entities, for the purposes of protecting
also authorize disclosure of custodial JJ. To an individual or entity seeking the vital interests of a data subject or
information to individuals with a legal to post or arrange, or who has already other persons, including to assist such
responsibility to act on behalf of a posted or arranged, an immigration agencies or organizations during an
victim or witness (e.g., attorney, parent, bond for an alien to aid the individual epidemiological investigation, in
legal guardian) and individuals acting at or entity in (1) identifying the location facilitating continuity of care, in
the request of a victim or witness; as of the alien; (2) posting the bond; (3) preventing exposure to or transmission
well as external victim notification obtaining payments related to the bond; of a communicable or quarantinable
systems that make such information or (4) conducting other administrative disease of public health significance, or
available to victims and witnesses in or financial management activities to combat other significant public health
electronic form. related to the bond. threats.
CC. To the Federal Bureau of Prisons KK. To federal, state, local, tribal, PP. To foreign governments for the
(BOP) and other federal, state, local, territorial, or foreign government purpose of providing information about
territorial, tribal, and foreign law agencies or entities or multinational their citizens or permanent residents, or
enforcement or custodial agencies for governmental agencies when DHS family members thereof, during local or
the purpose of facilitating the transfer of desires to exchange relevant data for the national disasters or health emergencies.
custody of an individual to or from that purpose of developing, testing, or QQ. To a coroner for purposes of
agency. This will include the transfer of implementing new software or affirmatively identifying a deceased
information about unaccompanied technology whose purpose is related to individual (whether or not such
minor children to the U.S. Department this system of records. individual is deceased as a result of a
of Health and Human Services (HHS) to LL. Limited detainee biographical crime) or cause of death.
facilitate the custodial transfer of such information will be publicly disclosed RR. To a former employee of DHS for
children from DHS to HHS. via the ICE Online Detainee Locator purposes of responding to an official
DD. To DOJ and other law System or any successor system for the inquiry by federal, state, local, tribal, or
enforcement or custodial agencies to purpose of identifying whether a territorial government agencies or
facilitate payments and reporting under detainee is in ICE custody and the professional licensing authorities; or
the State Criminal Alien Assistance custodial location. facilitating communications with a
Program or similar programs. MM. To courts, magistrates, former employee that may be relevant
EE. To any law enforcement agency or administrative tribunals, opposing and necessary for personnel-related or
custodial agency (such as a jail or counsel, parties, and witnesses, in the other official purposes, when DHS
prison) to serve that agency with notice course of immigration, civil, or criminal requires information or consultation
of an immigration detainer, or to update proceedings (including discovery, assistance from the former employee
or remove a previously issued presentation of evidence, and settlement regarding a matter within that person’s
immigration detainer, for an individual negotiations) and when DHS determines former area of responsibility.
who is believed to be in that agency’s that use of such records is relevant and SS. To federal, state, local, tribal,
custody. necessary to the litigation before a court territorial, foreign, or international
FF. To DOJ, disclosure of DNA or adjudicative body when any of the agencies, if the information is relevant
samples and related information as following is a party to or have an and necessary to a requesting agency’s
required by 28 CFR part 28. interest in the litigation: decision concerning the hiring or
GG. To DOJ, disclosure of arrest and 1. DHS or any component thereof; retention of an individual, or the
removal information for inclusion in 2. Any employee of DHS in his/her issuance, grant, renewal, suspension or
relevant DOJ law enforcement databases official capacity; revocation of a security clearance,
and for use in the enforcement of federal 3. Any employee of DHS in his/her license, contract, grant, or other benefit;
firearms laws (e.g., Brady Handgun individual capacity when DOJ or DHS or if the information is relevant and
Violence Prevention Act, as amended by has agreed to represent the employee; or necessary to a DHS decision concerning
the NICS Improvement Amendments 4. The United States, when DHS the hiring or retention of an employee,
Act). determines that litigation is likely to the issuance of a security clearance, the
HH. To the attorney or guardian ad affect DHS or any of its components. reporting of an investigation of an
litem of an individual’s child, or to NN. To federal, state, local, tribal, employee, the letting of a contract, or
federal, state, local, tribal, territorial, or territorial, international, or foreign the issuance of a license, grant or other
foreign governmental or quasi- government agencies or entities for the benefit.
governmental agencies or courts, to purpose of consulting with that agency TT. To a public or professional
confirm the location, custodial status, or entity: licensing organization when such
removal, or voluntary departure of an 1. To assist in making a determination information indicates, either by itself or
individual from the United States, in regarding redress for an individual in in combination with other information,
order to facilitate the recipients’ connection with the operations of a DHS a violation or potential violation of
exercise of responsibilities pertaining to component or program; professional standards, or reflects on the
sradovich on DSK3GMQ082PROD with NOTICES

the custody, care, or legal rights 2. To verify the identity of an moral, educational, or professional
(including issuance of a U.S. passport) individual seeking redress in qualifications of licensed professionals
of the individual’s children, or the connection with the operations of a DHS or those seeking to become licensed
adjudication or collection of child component or program; or professionals.
support payments or other similar debts 3. To verify the accuracy of UU. To an attorney or representative
owed by the individual. information submitted by an individual (as defined in 8 CFR 1.2, 202.1,
II. To any person or entity to the who has requested such redress on 1001.1(f), or 1202.12) who is acting on
extent necessary to prevent immediate behalf of another individual. behalf of an individual covered by this

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Document Created: 2016-10-19 02:12:05
Document Modified: 2016-10-19 02:12:05
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 Privacy Act System of Records.
Dates		Submit comments on or before November 18, 2016. This updated system will be effective November 18, 2016.
Contact		For general questions, please contact: Amber Smith, (202-732-3300), Privacy Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, DC 20536. For privacy questions, please contact: Jonathan R. Cantor, (202-343-1717), Acting Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528.
FR Citation		81 FR 72080
81 FR 72080 - Privacy Act of 1974; Department of Homeland Security United States Immigration Customs and Enforcement-011 Criminal Arrest Records and Immigration Enforcement Records System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 81, Issue 202 (October 19, 2016)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
