[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Pages 34233-34240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14489]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0048]


Privacy Act of 1974; U.S. Citizenship and Immigration Services, 
Immigration and Customs Enforcement, Customs and Border Protection--001 
Alien File, Index, and National File Tracking System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Update and Reissuance of Privacy Act System of 
Records.

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SUMMARY: The Department of Homeland Security is updating and re-
publishing the previously established Privacy Act system of records 
notice published in the Federal Register on January 16, 2007 for the 
Department of Homeland Security U.S. Citizenship and Immigration 
Services, Immigration and Customs Enforcement, and the Customs and 
Border Protection Alien File, Index, and National File Tracking System 
of Records. This system of records contains information regarding 
transactions involving an individual as he/she passes through the U.S. 
immigration and inspection process, some of which may also be covered 
by separate systems of records notices. This system of records contains 
personally identifiable information such as the individual's name, 
Alien Registration Number, receipt file number, date and place of 
birth, date and port of entry, as well as the location of each official 
Alien File. It may also contain other personal identifiers such as an 
individual's social security number. The Department of Homeland 
Security is updating the Department of Homeland Security United States 
Citizenship and Immigration Services--001 Alien File and Central Index 
System to be renamed Department of Homeland Security U.S. Citizenship 
and Immigration Services, Immigration and Customs Enforcement, Customs 
and Border Protection--001 Alien File, Index, and National File 
Tracking System of Records with the following substantive changes: (1) 
The addition of new routine uses to allow the Department of Homeland 
Security to share information from the system; (2) an update to the 
classification level of the system and to provide notice that the 
system may contain classified records; and (3) a proposed exemption 
from certain provisions of the Privacy Act for records that are 
classified. Additionally, this notice includes non-substantive changes 
to simplify the formatting and text of the previously published notice 
and improve the public's understanding of the system. To propose the 
additional exemption, the Department of Homeland Security is also 
giving concurrent notice of proposed rulemaking pursuant to the Privacy 
Act of 1974 for the Department of Homeland Security U.S. Citizenship 
and Immigration Services, Immigration and Customs Enforcement, Customs 
and Border Protection--001 Alien File, Index, and National File 
Tracking System of Records. The legacy final rule exempting the 
Immigration and Naturalization Service Alien File and Central Index 
System, JUSTICE/INS-001A legacy system of records from certain portions 
of the Privacy Act remains in effect until publication of a final rule 
by the Department of Homeland Security.

DATES: Submit comments on or before July 13, 2011.

ADDRESSES: You may submit comments, identified by DHS-2011-0048 by one 
of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include 
Department of Homeland Security as 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 by the submitter.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Donald K. Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and 
Immigration Services, 20 Massachusetts Avenue, NW., Washington, DC 
20529. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) implements U.S. 
immigration law and policy through the U.S. Citizenship and Immigration 
Service's (USCIS) processing and adjudication of applications and 
petitions submitted for citizenship,

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asylum, and other immigration benefits. USCIS also supports national 
security by preventing individuals from fraudulently obtaining 
immigration benefits and by denying applications from individuals who 
pose national security or public safety threats. U.S. immigration 
policy and law is also implemented through U.S. Immigration and Customs 
Enforcement's (ICE) law enforcement activities and U.S. Customs and 
Border Protection's (CBP) inspection and border protection processes.
    The Alien File (A-File), Index, and National File Tracking System 
of Records is the official record system that contains information 
regarding transactions involving an individual as he/she passes through 
the U.S. immigration and inspection process. The DHS/USCIS-ICE-CBP-001 
Alien File, Index, and National File Tracking System of Records 
contains personally identifiable information (PII) such as the 
individual's name, Alien Registration Number, receipt file number, date 
and place of birth, date and port of entry, as well as the location of 
each official A-File. It may also contain other personal identifiers 
such as an individual's Social Security Number (SSN), if the individual 
has one and it is in the A-File. Some records contained in the DHS/
USCIS-ICE-CBP-001 A-Files are derived from separate systems of record, 
in which case the system of records notice pertaining to the 
originating system would govern the treatment of those records. 
Previously, the legacy agency Immigration and Naturalization Services 
(INS) collected and maintained information concerning all of these 
immigration and inspection interactions. Since the formation of DHS, 
however, immigration responsibilities have been divided among USCIS, 
ICE, and CBP. While USCIS is the custodian of the A-File, all three 
components create and use A-Files, hence this joint System of Records 
Notice.
    A notice detailing this system of records was last published in the 
Federal Register on January 16, 2007, as the DHS/USCIS-001 Alien File 
and Central Index System (CIS), (72 FR 1755).
    DHS is updating the DHS/USCIS-001 Alien File and Central Index 
System of Records to be renamed DHS/USCIS-ICE-CBP-001 Alien File, 
Index, and National File Tracking System of Records to include the 
following substantive changes: (1) The addition of thirteen routine 
uses and updates to other routine uses to allow DHS to share 
information from the system; (2) an update to the classification level 
of the system and to provide notice that the system may contain 
classified records; and (3) a proposed exemption from certain 
provisions of the Privacy Act for records that are classified.
    DHS is renaming this system in order to provide a better 
description of the types of records that are maintained in this system 
of records. These records may be maintained in paper or electronic 
format, but the uses and protections outlined in the notice do not 
change because of the format or the specific IT system in which they 
are maintained. DHS has provided more explicit notice on the specific 
IT systems where these types of records may exist under ``Location.''
    Below is a summary of the thirteen routine use additions or 
modifications with the letter in parentheses corresponding to the 
routine use impacted:
    (A) Updated: To include DHS as an additional party for litigation 
in the release of information to the Department of Justice (DOJ);
    (D) New: To an agency, organization, or individuals for the purpose 
of performing audits or oversight as authorized by law;
    (F) Updated: To include interns and students working on assignments 
for DHS;
    (I) New: To courts for immigration, civil, or criminal proceedings;
    (K) New: To DOJ or other federal agencies when conducting 
litigation to assist in development of the agency's legal and/or policy 
position;
    (L) Updated: To include sharing with international organizations 
about an alien or an enforcement operation with transnational 
implications;
    (P) New: To a government organization in regards to hiring or 
retention of an individual where failure to disclose the information on 
an individual is likely to create a security risk;
    (Q) Updated: Rewritten to provide better clarification on when 
information is released to current or prospective employers;
    (T) New: To Congress during the private immigration relief 
legislation process;
    (U) Updated: To government agencies to assist in the collection of 
debts;
    (V) Updated: To third parties posting immigration bonds;
    (BB) New: To third parties when an individual will be released from 
DHS custody to assist with arranging housing or medical care;
    (CC) New: To domestic government agencies when an individual will 
be released from DHS custody and there are concerns related to health 
and safety;
    (DD) New: To foreign governments to coordinate removal of 
individuals;
    (EE) New: To law enforcement agencies for de-conflicting 
investigations and other coordination of law enforcement activities;
    (FF) New: To custodial agencies to place an immigration detainer on 
an individual or to facilitate the transfer of custody of the 
individual from DHS to that agency;
    (GG) New: To government agencies to confirm the location, custodial 
status, removal or voluntary departure of an alien in order to 
facilitate the custody, care and/or legal rights of the individual's 
minor children;
    (HH) New: To government agencies to assist in making determinations 
of redress;
    (II) New: To share information from the system on a case-by-case 
basis with the news media or public.
    The latter sharing, to the news media or public, would be done only 
with the approval of the DHS Chief Privacy Officer, who will weigh the 
public interest in receiving the information against the privacy 
interests of the individual to whom the information pertains, when the 
disclosure is necessary to preserve confidence in the integrity of DHS 
or demonstrate the accountability of DHS personnel.
    Classification level: DHS has updated the SORN to indicate that 
both classified and unclassified information may be maintained in the 
A-File, as such DHS is providing a concurrent notice of proposed 
rulemaking pursuant to the Privacy Act of 1974 for the DHS/USCIS-ICE-
CBP--001 Alien File, Index, and National File Tracking System of 
Records to include an exemption for classified information in addition 
to the existing law enforcement information exemption. The proposed 
rule extends the Privacy Act exemption to classified information and 
then re-publishes the existing exemptions claimed for the legacy 
JUSTICE/INS-001A A-File and CIS, (66 FR 46812). Generally, USCIS, ICE, 
and CBP are not the originators of the classified materials maintained 
in some A-Files. DHS therefore, would rely upon the Privacy Act 
exemptions claimed by the system of records from which the classified 
material originated. By issuing this particular exemption, DHS is 
providing further transparency about the existence of classified 
material in this system of records. All of the exemptions DHS is 
proposing are standard law enforcement and national security exemptions 
exercised by a large number of federal law enforcement and intelligence 
agencies. Until DHS

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publishes a final rule exempting the system from certain portions of 
the Privacy Act, the legacy final rule exempting the JUSTICE/INS-001A 
A-File and CIS, (66 FR 46812) legacy system of records from certain 
portions of the Privacy Act remains in effect for this system of 
records.
    Pursuant to Pub. L. No. 107-296, Homeland Security Act of 2002, 
Section 804 Savings Provisions, and by reference 28 CFR Appendix C to 
Part 16, Subpart E, pertaining to the JUSTICE/INS-001A A-File and CIS, 
(66 FR 46812) system of records notice, the records and information in 
this system are exempt from 5 U.S.C. 552a (c)(3) and (4), (d), (e)(1), 
(2), and (3), (e)(4)(G) and (H), (e)(5) and (8), and (g) of the Privacy 
Act. These exemptions apply only to the extent that records in the 
system are subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and 
(k)(2).
    Administrative changes: In addition to the above mentioned 
substantive changes to this system of records notice, DHS has updated 
the categories of individuals and categories of records so that they 
are more clearly defined.
    Consistent with DHS's statutory information sharing mission, 
information stored in the DHS/USCIS-ICE-CBP--001 Alien File, Index, and 
National File Tracking System of Records may be shared with other DHS 
components, as well as appropriate federal, state, local, tribal, 
foreign, or international government agencies. This sharing will take 
place only after DHS determines that the receiving component or agency 
has a need to know the information to carry out national security, law 
enforcement, immigration, intelligence, or other functions consistent 
with the purposes of this system of records and the routine uses set 
forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies Fair Information Principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors, and aliens. Individuals may request access to their own 
records that are maintained in a system of records in the possession or 
under the control of DHS by complying with DHS Privacy Act regulations, 
6 CFR Part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS/
USCIS-ICE-CBP--001 A-File, Index, and National File Tracking system of 
records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this revised system of records to the Office of Management and Budget 
and to the Congress.

System of Records:
    DHS/USCIS-ICE-CBP--001.

System name:
    Department of Homeland Security U.S. Citizenship and Immigration 
Services, Immigration and Customs Enforcement, Customs and Border 
Protection--001 Alien File, Index, and National File Tracking System of 
Records.

Security classification:
    Unclassified, sensitive, for official use only, and classified.

System location:
    Alien Files (A-Files) are maintained in electronic and paper format 
throughout DHS. Digitized A-Files are located in the Enterprise 
Document Management System (EDMS). The Central Index System (CIS) 
maintains an index of the key personally identifiable information (PII) 
in the A-File which can be used to retrieve additional information 
through such applications as Enterprise Citizenship and Immigrations 
Services Centralized Operational Repository (eCISCOR), the Person 
Centric Query Service (PCQS) and the Micorfilm Digitization Application 
System (MiDAS). The National File Tracking System (NFTS) provides a 
tracking system of where the A-Files are physically located, including 
whether the file has been digitized.
    The databases maintaining the above information are located within 
the DHS data center in the Washington, D.C. metropolitan area as well 
as throughout the country. Computer terminals providing electronic 
access are located at U.S. Citizenship and Immigration Services (USCIS) 
sites at Headquarters and in the Field throughout the United States and 
at appropriate facilities under the jurisdiction of the U.S. Department 
of Homeland Security (DHS) and other locations at which officers of DHS 
component agencies may be posted or operate to facilitate DHS's mission 
of homeland security. Hard copies of the A-Files are primarily located 
at the records centers in Lee Summit, Missouri; Suitland, Maryland; San 
Bruno, California; Seattle, Washington; and Dayton, Ohio. Hard copies 
may also be located at Headquarters, Regional, District, and other 
USCIS file control offices in the United States and foreign countries 
as detailed on the agency's Web site, http://www.USCIS.gov. Hard copies 
may also be located at the offices and facilities of U.S. Immigration 
and Customs Enforcement (ICE) and U.S. Customs and Border Protection 
(CBP).

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
     Lawful Permanent Residents;
     Naturalized United States Citizens;
     United States Citizens when petitioning for benefits under 
the Immigration and Nationality Act (INA) on behalf of another 
individual;
     Individuals who received or petition for benefits under 
the INA;
     Individuals who are subject to the enforcement provisions 
of the INA;
     Individuals who are subject to the INA and:
    [cir] Are under investigation by DHS for possible national security 
threats or threats to the public safety,
    [cir] Were investigated by the DHS in the past,
    [cir] Are suspected of violating immigration-related criminal or 
civil provisions of treaties, statutes, regulations, Executive Orders, 
and Presidential proclamations administered by DHS, or
    [cir] Are witnesses and informants having knowledge of such 
violations;
     Relatives and associates of those individuals list above 
who are subject to the INA;
     Individuals who have renounced their U.S. Citizenship; or
     Preparers, Attorneys, and Representatives who assist 
individuals during benefit and enforcement proceedings under the INA.
    Note: Individuals may fall within one or more of these categories.

[[Page 34236]]

Categories of records in the system:
    Categories of records in this system include:
    A. The hardcopy paper A-File, which contains the official record 
material about each individual for whom DHS has created a record under 
the Immigration and Nationality Act such as: Naturalization 
certificates; various documents and attachments (e.g., birth and 
marriage certificates); applications and petitions for benefits under 
the immigration and nationality laws; reports of arrests and 
investigations; statements; other reports; records of proceedings 
before or filings made with the U.S. immigration courts and any 
administrative or federal district court or court of appeal; 
correspondence; and memoranda. Specific data elements may include:
     Alien Registration Number(s) (A-Numbers);
     Receipt file number(s);
     Full name and any aliases used;
     Physical and mailing addresses;
     Phone numbers and email addresses;
     Social Security Number;
     Date of birth;
     Place of birth (city, state, and country);
     Countries of citizenship;
     Gender;
     Physical characteristics (height, weight, race, eye and 
hair color, photographs, fingerprints);
     Government-issued identification information (i.e., 
passport, driver's license):
    [cir] Document type,
    [cir] Issuing organization,
    [cir] Document number, and
    [cir] Expiration date;
     Military membership;
     Arrival/Departure information (record number, expiration 
date, class of admission, etc.);
     FBI Identification Number;
     Fingerprint Identification Number;
     Immigration enforcement history, including arrests and 
charges, immigration proceedings and appeals, and dispositions 
including removals or voluntary departures;
     Immigration status;
     Family history;
     Travel history;
     Education history;
     Employment history;
     Criminal history;
     Professional accreditation information;
     Medical information relevant to an individual's 
application for benefits under the Immigration and Nationality Act 
before the Department or the immigration court, an individual's 
removability from and/or admissibility to the United States, or an 
individual's competency before the immigration court;
     Specific benefit eligibility information as required by 
the benefit being sought; and
     Video or transcript of immigration interview.
    B. EDMS maintains the electronic copy of the A-File (same 
information as above with the exception of material that cannot be 
scanned such as cassette tapes, CDs, or DVDs) if it was scanned from 
the paper file.
    C. CIS contains information on those individuals who during their 
interactions with DHS have been assigned an A-Number. The system 
contains biographic information on those individuals allowing DHS 
employees to quickly review the individual's immigration status. The 
information in the system can then be used to retrieve additional 
information on the individual from other systems. The information in 
the system can be used to request the hard copy A-File from the DHS 
File Control Office that has custody of the file. Specific data 
elements may include:
     A-Number(s);
     Full name and any aliases used;
     Social Security Number;
     Date of birth;
     Place of birth (city, state, and country);
     Country of citizenship;
     Gender;
     Government issued identification information (i.e., 
passport, driver's license):
    [cir] Document type;
    [cir] Issuing organization;
    [cir] Document number; and
    [cir] Expiration date;
     Arrival/Departure information (record number, expiration 
date, class of admission etc.);
     Immigration status;
     Father and Mother's first name;
     FBI Identification Number;
     Fingerprint Identification Number;
     Immigration enforcement history, including arrests and 
charges, immigration proceedings and appeals, and dispositions 
including removals or voluntary departures; and
     File Control Office location of the paper or electronic A-
File.
    D. NFTS contains the location of the A-File to a more detailed 
level within the DHS File Control Office. Specific data elements 
include:
     A-Number(s);
     Receipt File Number; and
     Location of the paper or electronic A-File and Receipt 
File at and within the DHS File Control Office, as well as the history 
of who has maintained the A-File, including the component, section and 
employee.

Authority for maintenance of the system:
    Authority for maintaining this system is in Sections 103 and 290 of 
the INA, as amended (8 U.S.C. 1103 and 1360), and the regulations 
issued pursuant thereto; and Section 451 of the Homeland Security Act 
of 2002 (Pub. L. 107-296).

Purpose(s):
    The purpose of this system of records is to carry out the provision 
of benefits under and the enforcement of the INA and related statutes. 
A-Files, EDMS, CIS, and NFTS are used primarily by DHS employees for 
immigration benefits processing, protection of national security, and 
administering and enforcing immigration and nationality laws and 
related statutes.
    The purpose of the A-File is to document an individual's benefits 
and enforcement transactions as he/she passes through the U.S. 
immigration and inspection process.
    The purpose of CIS is to provide a searchable central index of A-
Files and to support the location and transfer of A-Files among DHS 
personnel and offices as needed in support of immigration benefits and 
enforcement transactions.
    The purpose of NFTS is to accurately account for the specific 
physical location of A-Files and Receipt Files within a DHS File 
Control Office, and to track the request and transfer of all A-Files 
and Receipt Files.
    These records assist the Department with processing applications 
for benefits under applicable immigration laws; detecting violations of 
these laws; supporting the referral of such violations for prosecution 
or other appropriate enforcement action; supporting law enforcement 
efforts and the inspection process; and supporting protection of the 
United States borders.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Note: Even when a valid routine use permits disclosure of 
information from this system of records to a third party, in some cases 
such disclosure may not be permissible because of confidentiality laws 
and policies that limit the sharing of information about the 
application for or award of certain immigration benefits. For example, 
information in this system of records contained in or pertaining to 
applications for asylum or refugee protection, information relating to 
persons who have pending or approved

[[Page 34237]]

petitions for protection under the Violence Against Women Act (VAWA), 
Seasonal Agricultural Worker or Legalization claims, the Temporary 
Protected Status of an individual, and information relating to S, T, or 
U visas should not be disclosed pursuant to a routine use unless 
disclosure is otherwise permissible under the confidentiality statutes, 
regulations, or policies applicable to that information. However, these 
confidentiality provisions do not prevent DHS from disclosing 
information to the U.S. Department of Justice and United States 
Attorneys' Offices as part of an ongoing criminal or civil 
investigation.
    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).

Routine uses, to include disclosures:
    A. To the Department of Justice (including United States Attorneys' 
Offices) or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative 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 where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States 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, organizations, and individuals 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 
individuals who 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, 
interns, trainees, students, 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 appropriate federal, state, tribal, territorial, local, 
international, or foreign law enforcement agencies or other appropriate 
authorities charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, where 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 clerks and judges of courts exercising naturalization 
jurisdiction for the purpose of filing petitions for naturalization and 
to enable such courts to determine eligibility for naturalization or 
grounds for revocation of naturalization.
    I. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings before a court or adjudicative body when:
    1. DHS or any component thereof; or
    2. Any employee of DHS in his or her official capacity; or
    3. Any employee of DHS in his or her individual capacity where the 
agency has agreed to represent the employee; or
    4. The United States, where DHS determines that litigation is 
likely to affect DHS or any of its components;
    Is a party to litigation or has an interest in such litigation, and 
DHS determines that use of such records is relevant and necessary to 
the litigation, and that in each case, DHS determines that disclosure 
of the information to the recipient is a use of the information that is 
compatible with the purpose for which it was collected.
    J. To an attorney or representative (as defined in 8 CFR 1.1(j)) 
who is acting on behalf of an individual covered by this system of 
records in connection with any proceeding before USCIS, ICE, or CBP or 
the Executive Office for Immigration Review.
    K. To the Department of Justice (including United States Attorneys' 
Offices) or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, 
where necessary to assist in the development of such agency's legal 
and/or policy position.
    L. 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 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.
    M. To appropriate federal, state, local, tribal, territorial, or 
foreign governments, as well as to other individuals and organizations 
during the course of an investigation by DHS or the processing of a 
matter under DHS' jurisdiction, or during a proceeding within the 
purview of the immigration and nationality laws, when DHS deems that 
such disclosure is necessary to carry out its functions and statutory 
mandates to elicit information required by DHS to carry out its 
functions and statutory mandates.
    N. To an appropriate federal, state, tribal, territorial, local, or 
foreign government agency or organization, or international 
organization, lawfully engaged in collecting law enforcement 
intelligence, whether civil or criminal, or charged with investigating, 
prosecuting, enforcing or implementing civil or criminal laws, related 
rules, regulations or orders, to enable these entities to carry out 
their law enforcement responsibilities, including the collection of law 
enforcement intelligence and the disclosure is

[[Page 34238]]

appropriate to the proper performance of the official duties of the 
person receiving the information.
    O. To an appropriate federal, state, local, tribal, territorial, 
foreign, or international agency, if the information is relevant and 
necessary to a requesting agency's decision concerning the hiring or 
retention of an individual, or issuance 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.
    P. To an appropriate federal, state, local, tribal, territorial, 
foreign, or international agency, 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 risk to government 
facilities, equipment, or personnel; sensitive information; critical 
infrastructure; or the public safety.
    Q. To an individual's current employer to the extent necessary to 
determine employment eligibility or to a prospective employer or 
government agency to verify an individual is eligible for a government-
issued credential that is a condition of employment.
    R. To a former employee of DHS, in accordance with applicable 
regulations, for purposes of: responding to an official inquiry by a 
federal, state, or local government entity or professional licensing 
authority; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    S. To the Office of Management and Budget 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 federal, state, tribal, or local government agency and/or 
to 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;
    V. 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.
    W. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime).
    X. Consistent with the requirements of the INA, to the Department 
of Health and Human Services (HHS), the Centers for Disease Control and 
Prevention (CDC), or to any state or local health authorities, to:
    1. Provide proper medical oversight of DHS-designated civil 
surgeons who perform medical examinations of both arriving aliens and 
of those requesting status as a lawful permanent resident; and
    2. Ensure that all health issues potentially affecting public 
health and safety in the United States are being or have been, 
adequately addressed.
    Y. To a federal, state, local, tribal, or territorial government 
agency 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.
    Z. To the Social Security Administration (SSA) for the purpose of 
issuing a SSN and card to an alien who has made a request for a SSN as 
part of the immigration process and in accordance with any related 
agreements in effect between the SSA, DHS and the Department of State 
entered into pursuant to 20 CFR 422.103(b)(3); 422.103(c); and 
422.106(a), or other relevant laws and regulations.
    AA. To federal and foreign government intelligence or 
counterterrorism agencies or components where DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or where such use is to conduct national intelligence and 
security investigations or assist in anti-terrorism efforts.
    BB. To third parties to facilitate placement or release of an 
individual (e.g., at a group home, homeless shelter, etc.) who has been 
or is about to be released from DHS custody but only such information 
that is relevant and necessary to arrange housing or continuing medical 
care for the individual.
    CC. To an appropriate 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. 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 individual's need to remain on certain medication for a 
serious mental health condition).
    DD. To foreign governments for the purpose of coordinating and 
conducting the removal of individuals to other nations under the INA; 
and to international, foreign, and intergovernmental agencies, 
authorities, and organizations in accordance with law and formal or 
informal international arrangements.
    EE. To a federal, state, local, territorial, tribal, international, 
or foreign criminal, civil, or regulatory law enforcement authority 
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.
    FF. To the DOJ Federal Bureau of Prisons 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 DHS to the other agency. This will 
include the transfer of information about unaccompanied minor children 
to HHS to facilitate the custodial transfer of such children from DHS 
to HHS.
    GG. 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 recipients' 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

[[Page 34239]]

support payments or other debts owed by the removed individual.
    HH. To a federal, state, tribal, territorial, local, international, 
or foreign government agency or entity 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) for the purpose of verifying the 
identity of an individual seeking redress in connection with the 
operations of a DHS component or program; or (3) for the purpose of 
verifying the accuracy of information submitted by an individual who 
has requested such redress on behalf of another individual.
    II. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on paper, magnetic disc, tape, CD-ROM, DVD, and other 
digital media.

Retrievability:
    Digitized A-Files maintained in EDMS can be searched and retrieved 
by any of the following fields alone or in any combination:
     A-Number;
     Last name;
     First name;
     Middle name;
     Aliases;
     Date of birth;
     Country of birth;
     Gender; and
     Through a full text-based search of records contained in 
the digitized A-File (based on optical character recognition of the 
scanned images).
    The location of the paper record from which the digitized A-Files 
was produced can be searched in CIS using the following data:
     A-Number; or
     Full name; or
     Alias; or
     Sounds-like name with or without date of birth; or
     Certificate of Citizenship or Naturalization Certificate 
number; or
     Driver's License Number; or
     FBI Identification Number; or
     Fingerprint Identification Number; or
     I-94 admission number; or
     Passport number; or
     Social Security Number; or
     Travel document number.
    The location of the paper or digitized record A-Files and Receipt 
Files can be searched in NFTS using the following data:
     A-Number; or
     Receipt File Number.

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 physical and technical 
controls have been imposed to minimize the risk of compromising the 
information that is being stored. Access to the hard copy records and 
computer systems 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:
    The A-File records are permanent whether hard copy or electronic. 
A-Files are transferred to the custody of the National Archives 100 
years after the individual's date of birth. Newly-eligible files are 
transferred to the National Archives every five years. When a paper A-
File is digitized, the digitized A-File maintained in EDMS becomes the 
official record and maintains the same retention schedule as the 
original paper A-File. The hard copy files are sent to the records 
center once the records have been digitized.
    CIS records are permanently retained on-site because they are the 
index of where the physical A-File is and whether it has been 
transferred to the National Archives.
    NFTS records are temporary and deleted when they are no longer 
needed for agency business. The records exist only as a reference to a 
physical or digital file, and exist for as long as the referenced file 
exists. NFTS records associated with an A-File will be retained on a 
permanent basis even after the A-File has been retired to NARA to 
retain accurate recordkeeping. Receipt Files with a shorter retention 
period will have the associated NFTS record destroyed or deleted once 
the file has been destroyed.

System manager and address:
    The DHS system manager is the Chief, Records Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue, 
NW., Washington, DC 20529.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it contains classified and sensitive unclassified information 
related to intelligence, counterterrorism, homeland security, and law 
enforcement programs. These exemptions apply only to the extent that 
records in the system are subject to exemption. However, USCIS will 
consider individual requests to determine whether or not information 
may be released. Individuals must request access to their information 
by submitting a Freedom of Information (FOIA) or Privacy Act request to 
USCIS in writing clearly marked ``Privacy Act Request'' or ``FOIA 
Request'' to the following address: National Records Center, U.S. 
Citizenship and Immigration Services, FOIA/PA Office, P.O. Box 64064-
8010, Lee's Summit, MO 64064-8010.
    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, which 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 FOIA 
Officer, http://www.dhs.gov/FOIA 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;

[[Page 34240]]

     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, USCIS 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:
    Basic information contained in DHS records is supplied by 
individuals on Department of State and DHS applications and forms. 
Other information comes from inquiries or complaints from members of 
the general public and members of Congress; referrals of inquiries or 
complaints directed to the President or Secretary of Homeland Security; 
reports of investigations, sworn statements, correspondence, official 
reports, memoranda, and written referrals from other entities, 
including federal, state, and local governments, various courts and 
regulatory agencies, foreign government agencies and international 
organizations.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system from 
the following provisions of the Privacy Act, subject to the limitations 
set forth in 5 U.S.C. 552a(c)(3) and (c)(4): (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (e)(12); (f); 
(g)(1); and (h) pursuant to 5 U.S.C. 552a(j)(2). Additionally, the 
Secretary of Homeland Security has exempted this system from the 
following provisions of the Privacy Act, subject to the limitation set 
forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a(k)(1) and (k)(2).

    Dated: May 27, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-14489 Filed 6-10-11; 8:45 am]
BILLING CODE 9111-97-P