Federal Register, Volume 78 Issue 31 (Thursday, February 14, 2013)

[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10623-10630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03377]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0069]

Privacy Act of 1974; Department of Homeland Security Immigration
and Customs Enforcement-007--Alien Criminal Response Information
Management System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of modification to existing Privacy Act System of
Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security, U.S. Immigration and Customs Enforcement is updating
and renaming an existing system of records titled, ``Department of
Homeland Security/Immigration and Customs Enforcement-007--Law
Enforcement Support Center Alien

[[Page 10624]]

Criminal Response Information Management System of Records.'' With the
publication of this updated system of records, several changes are
being made: (1) The name is being changed; (2) new categories of
individuals have been added; (3) new routine uses have been added to
allow Immigration and Customs Enforcement to share information from the
system; and (4) the retention period of Brady Act check records has
been corrected and the retention period for National Sex Offender
Registrant records and for individuals for whom non-criminal queries
are conducted have been added. A Privacy Impact Assessment update for
the Alien Criminal Response Information Management system is being
published concurrently with this notice. It can be found on the DHS Web
site at http://www.dhs.gov/privacy. The exemptions for the existing
system of records notice will continue to be applicable for this system
of records notice (74 FR 45079, August 31, 2009), and this system will
continue to be included in the Department of Homeland Security's
inventory of record systems.

DATES: Submit comments on or before March 18, 2013. In particular,
comments are requested concerning the application of the exemptions to
the newly added categories of individuals. This new system will be
effective March 18, 2013.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0069 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 go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lyn Rahilly (202-732-3300), Privacy
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW.,
Stop 5004 Washington, DC 20536-5004; Jonathan R. Cantor, (202-343-
1717), Acting Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of Homeland Security (DHS) is updating and reissuing
DHS/Immigration and Customs Enforcement (ICE)-007--Law Enforcement
Support Center (LESC) Alien Criminal Response Information Management
System (ACRIMe) system of records notice (SORN) (75 FR 8377, February
24, 2010), to shorten the system name, add new categories of
individuals and routine uses, and update the retention period of
records related to Brady Act checks, National Sex Offender Registrants,
and individuals for whom non-criminal queries are conducted. The new
system name is DHS/ICE-007--Alien Criminal Response Information
Management System (ACRIMe). This system of records describes
information maintained in an ICE information system of the same name,
which is used by ICE personnel to receive and respond to immigration
status inquiries made by other agencies about individuals who are
arrested, screened as part of a background check in order to determine
suitability for employment, access, or other purposes, or otherwise
encountered by those agencies. ACRIMe also supports the creation and
maintenance of lookout records in the Federal Bureau of Investigation
(FBI) National Crime Information Center (NCIC) system on persons wanted
by ICE for crimes or as fugitive aliens. ACRIMe also supports the
operation of the ICE tip line, where members of the public can notify
ICE of suspected violations of law, and the operation of the Law
Enforcement Support Center call center, which takes calls from other
law enforcement agencies seeking assistance from ICE.
Concurrent with the publication of this SORN update, ICE is
publishing an update to the ACRIMe Privacy Impact Assessment (PIA) to
describe several updates to the data maintained in that system in
support of ICE's immigration enforcement mission. ICE is adding new
categories of individuals to the DHS/ICE-007--ACRIMe SORN to adequately
describe the individuals whose information is maintained in the system
via the interoperability process. The ACRIMe PIA update is available on
the DHS Privacy Office web site at http://www.dhs.gov/privacy.
Under interoperability's original use, the fingerprints of
individuals arrested by or in the custody of a law enforcement agency
participating in the ICE Secure Communities Program are sent to the
FBI's Integrated Automated Fingerprint Identification System (IAFIS)/
Next Generation Identification (NGI) for matching against the FBI's
criminal fingerprint holdings. Through interoperability, the
fingerprints are also checked against the DHS Automated Biometric
Identification System (IDENT) and, if the submitted fingerprints match
fingerprints in IDENT, the FBI generates an Immigration Alien Query
(IAQ) that is sent to the ACRIMe. An ICE employee uses ACRIMe to
research the subject of the IAQ, determine the immigration status of
the subject, and generate an Immigration Alien Response (IAR), which
ACRIMe sends back to the FBI Criminal Justice Information Services
(CJIS) Division. The FBI combines and sends the IDENT response and the
IAR back to the agency that conducted the fingerprint check for
awareness if they are technically capable of receiving the response.
ACRIMe also sends the IAR to the appropriate ICE field office to
determine the appropriate enforcement action, if any, to take against
the individual.
As described in the ACRIMe PIA update, ACRIMe's use under
interoperability has been expanded to assist other agencies that screen
individuals for various purposes, including administration of criminal
justice, national security, and background checks/investigations
conducted for employment, access, and other suitability purposes. The
appendices to the PIA list the new uses of interoperability that ACRIMe
now supports. The appendices will be updated as new interoperability
users are added and as existing users change how they use
interoperability. It should be noted that although ACRIMe is supporting
new uses under interoperability, the process by which IAQs (queries)
are submitted to ACRIMe and responses (IARs) are sent back to the FBI
CJIS Division and ultimately to the agency submitting the request,
remains the same as occurs under Secure Communities. For example, one
of the new uses of ACRIMe is to assist agencies that are conducting
background checks/investigations on individuals for employment, access,
or other suitability purposes. The fingerprints of the individuals
being screened are checked against IDENT and IAQs are sent to ACRIMe
for any matches. ICE personnel research the subjects of the IAQ,
determine the immigration status of the subjects, and return IARs on
them.
Using interoperability, ICE will also begin to screen convicted sex
offenders whose fingerprints are captured during federal, state, local,
and tribal law

[[Page 10625]]

enforcement processes that enroll these individuals in sex offender
registries. ICE places a high priority on targeting for removal those
aliens with criminal records who pose a threat to public safety, such
as sex offenders. When a convicted sex offender is released from
incarceration, the individual is required to register as a sex offender
with authorities in the state in which he or she resides. During the
registration process, state authorities typically capture the
individual's fingerprints and biographic information and transmit them
to the FBI CJIS Division for inclusion in the National Sex Offender
Registry, and to update IAFIS and the individual's FBI criminal record.
Via interoperability, the FBI CJIS Division automatically runs the
individual's fingerprints against IDENT. If the fingerprints match
fingerprints in IDENT, an IAQ is generated and sent to ACRIMe. ICE
users research the immigration status of the individual and generate an
IAR containing the results of that research in ACRIMe. The IAR is sent
to the relevant ICE field office, which determines the appropriate
enforcement action to take against the individual, if any. A similar
process is used when there are changes to the convicted sex offender's
information. The state authorities send the individual's information to
the FBI CJIS Division. They update the person's record, run the
individual's fingerprints against IDENT, and if the fingerprints match
fingerprints in IDENT, an IAQ is generated and sent to ACRIMe. The
processing of the convicted sex offender information varies from the
standard interoperability process in one respect only: ACRIMe does not
send a copy of the IAR to the FBI CJIS Division or to the agency that
registered the sex offender. Instead, the IAR is only distributed and
used within ICE for enforcement purposes.
New categories of individuals have been added to the DHS/ICE-007--
ACRIMe SORN to describe the convicted sex offenders and other types of
individuals whose information is being processed through ACRIMe under
these new interoperability programs including individuals about whom a
background check is being performed for employment, access, or other
suitability purposes. As new interoperability users are approved by
DHS, the ACRIMe PIA appendix will be updated to describe them and
conforming changes will be made to this SORN, if required.
Additionally, new routine uses have been added to allow ICE to
share information from the system. Below is a summary of the new
routine uses and their corresponding letter:
(J) To federal, state, local, tribal, territorial, or international
agencies seeking to verify or ascertain the citizenship or immigration
status of an individual for a purpose within the agency's jurisdiction;
(N) To a former employee of DHS for purposes of responding to an
official inquiry or facilitating communications with a former employee
that may be relevant for personnel-related or other official purposes;
(V) To prospective claimants and their attorneys for the purpose of
negotiating the settlement of an actual or prospective claim against
DHS prior to litigation or proceedings;
(X) To the Department of Justice (DOJ), Federal Bureau of
Investigation (FBI) in order to facilitate responses to fingerprint-
based immigration status queries;
(Y) To federal, state, local, tribal, territorial, international,
or foreign government agencies or entities to enable consultation to
assist in the processing of redress requests;
(Z) To federal, state, local, tribal, territorial, foreign, or
international agencies regarding a requesting agency's decision
concerning the hiring or retention of an individual or if the
information is relevant and necessary to a DHS decision concerning the
hiring or retention;
(AA) To federal, state, local, tribal, territorial, foreign, or
international agencies, if DHS determines the information is relevant
and necessary to the agency's decision concerning the hiring or
retention of an individual and failure to disclose the information is
likely to create a risk;
(BB) To federal, state, local, tribal, territorial, foreign, or
international agencies seeking information on the subjects of wants,
warrants, or lookouts for law enforcement purposes;
(CC) To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence;
(DD) To foreign governments in order to notify them concerning an
alien who is incapacitated, an unaccompanied minor, or deceased.
(EE) To federal, state, local, tribal, and territorial courts or
government agencies involved in criminal investigation or prosecution,
pretrial services, sentencing, parole, probation or other aspects of
the criminal justice process, and to counsel representing an individual
in a proceeding, in order to ensure the integrity of the justice system
by informing these recipients of the existence of an immigration
detainer on that individual or that individual's status in removal
proceedings, voluntary departure, or custodial status/location.
Finally, the retention period for Brady Act check records has been
corrected. Previously, the SORN incorrectly stated that the records
were retained for twenty-four (24) hours. The records are retained for
five (5) years in order to provide ICE with sufficient time to follow
up on any leads generated by Brady Act record check information.
Additionally, the SORN is being updated to reflect the retention period
for biometric and biographic immigration status check records for
National Sex Offender Registrants and individuals for whom non-criminal
queries are conducted. Information on National Sex Offender Registrants
will be maintained for seventy-five (75) years while records pertaining
to non-criminal queries will only be retained for thirty (30) years.
Portions of the DHS/ICE-007 ACRIMe System of Records are exempt
from one or more provisions of the Privacy Act because of criminal,
civil and administrative enforcement requirements. Individuals may
request information about records pertaining to them stored in the DHS/
ICE-007 ACRIMe System of Records as outlined in the ``Notification
Procedure'' section below. ICE reserves the right to exempt various
records from release. Pursuant to 5 U.S.C. 552a(j)(2), the Secretary of
Homeland Security has exempted portions of this system of records from
subsections (c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (4)(H), (5)
and (8); (f); and (g) of the Privacy Act. In addition, the system has
been exempted from subsections (c)(3) and (4); (d); (e)(1), (4)(G),
(4)(H), and (f) pursuant to 5 U.S.C. 552a(k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c), and (e) and have been published in the Federal Register as
addition to Title 28, Code of Federal Regulations (28 CFR 16.99). In
addition, to the extent a record contains information from other exempt
systems of records; ICE will rely on the exemptions claimed for those
systems. In the context of this updated SORN, the Department is
requesting comment on the application of these exemptions to the newly
added categories of individuals.

II. Privacy Act

The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government

[[Page 10626]]

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
particular identifier 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. 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/
ICE-007 ACRIMe System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.

System of Records

DHS/ICE--007

System name:
Alien Criminal Response Information Management (ACRIMe).

Security classification:
Unclassified and Law Enforcement Sensitive (LES).

System location:
Records are maintained in the ACRIMe information technology system
and associated paper records at the U.S. Immigration and Customs
Enforcement (ICE) Law Enforcement Support Center (LESC) in Williston,
Vermont, at ICE Headquarters, and at other ICE field office locations.

Categories of individuals covered by the system:
Categories of individuals covered in this system include:
(1) Individuals who are the subjects of immigration status
inquiries submitted to ICE or immigration checks conducted by ICE,
including:
A. Individuals who are encountered by, arrested by, under the
investigation of, or in the custody of a criminal justice agency.
B. Individuals convicted of sexual offenses required to register as
a sexual offender.
C. Individuals subject to background checks or investigations by or
under the authority of a federal, state, local, tribal, or territorial
agency to determine eligibility or suitability for employment, access,
or other purposes.
D. Individuals applying to obtain/purchase a firearm in the United
States and whose information has been submitted to ICE for the purpose
of conducting an immigration status check in support of background
checks required by the Brady Handgun Violence Protection Act (Brady
Act) or other applicable laws.
(2) Individuals who are the subjects of criminal arrest warrants
and immigration lookouts that ICE has entered into the Federal Bureau
of Investigation's (FBI) National Crime Information Center (NCIC)
System.
(3) Individuals who report tips concerning customs and immigration
violations, suspicious activity or other law enforcement matters to the
Department of Homeland Security (DHS)/ICE and individuals about whom
those reports are made.
(4) Law enforcement officers or other personnel working for
criminal justice agencies who contact ICE for reasons relating to the
purposes of this system of records, or for other law enforcement
assistance.

Categories of records in the system:
Categories of records in this system may include:
(1) Biographic identifiers, other identifiers, and contact
information (e.g., name, aliases, date and place of birth, address,
telephone number, Social Security Number (SSN), Alien Registration
Number (A-Number), driver's license number, other personal
identification numbers, fingerprint identification number, passport
number).
(2) Visa, border, immigration and citizenship information (e.g.,
citizenship and/or immigration status, application for benefit
information, visa and travel history).
(3) Criminal history information (e.g., FBI number, booking number,
current charge[s], custodial status, past offenses and convictions).
(4) NCIC hit confirmation records, which consist of information
supporting the entry of criminal warrants or immigration lookouts into
the NCIC system, such as criminal arrest warrant information,
fingerprints and photographs, other information identifying the
individual, and records reflecting the purpose/basis for the warrant or
lookout. Records of inquiries received from criminal justice agencies
regarding potential matches against ICE-created NCIC records, and
records pertaining to ICE's research, resolution, and response to those
inquiries.
(5) Background investigation records, which consist of identifying
and other information received from agencies requesting an immigration
status check on individuals as part of a background check for
employment, gun ownership, or other reasons; research conducted by ICE
during the conduct of the immigration status check; and ICE's research,
resolution, and response to those inquiries.
(6) Criminal justice immigration status check records, which
consist of identifying and other information received from criminal
justice agencies requesting an immigration status check on individuals
in the context of a criminal justice matter; prioritization of
requests; research conducted by ICE during the conduct of the
immigration status check; and ICE's research, resolution, and response
to those inquiries.
(7) Public tip records, which consist of information contained in
tips received from the public or other sources regarding customs and
immigration violations, or other violations of law, and suspicious
activities. This includes identifying and contact information about the
individual reporting the tip (if provided) and information about the
person or persons who are the subject of the tip.
(8) Information pertaining to ICE's follow-up activities regarding
a tip or other information received pursuant to the activities
supported by this system of records, including leads for ICE
investigations and referrals to other agencies.
(9) Identification and authentication information for law
enforcement officers or other criminal justice personnel who contact
ICE.

Authority for maintenance of the system:
8 U.S.C. 1103, 8 U.S.C. 1324(b)(3); 8 U.S.C. 1360(b); Section 504
of the Immigration and Nationality Act of 1990 (INA) (Pub. L. 101-649);
the Brady Handgun Violence Protection Act of

[[Page 10627]]

1993 (Pub. L. 103-159); FY 2008 Consolidated Appropriations Act (Pub.
L. 110-161, 121 Stat. 1844, 2050 (2007)); and the INA provisions
regarding removal of criminal aliens (INA Sec. 237(a)(2) and Sec.
238).

Purpose(s):
The purposes of this system are to:
(1) Identify and arrest individuals in the United States who may be
subject to removal under the Immigration and Nationality Act, as
amended.
(2) Respond to inquiries from criminal justice agencies that seek
to determine the immigration status of an individual in the context of
a criminal justice matter for the purpose of identifying and arresting
those who may be subject to removal.
(3) Inform criminal justice agencies and agencies conducting
background checks whether an individual is under investigation and/or
wanted by ICE or other criminal justice agencies.
(4) Receive, process and act on information received from the
general public and other sources regarding suspicious activities and
actual or potential violations of laws enforced by ICE or DHS, and to
refer any other actionable information to the appropriate agencies for
action.
(5) Provide assistance to domestic, foreign, and international
agencies that contact ICE and the LESC on matters within the scope of
ICE's law enforcement authorities, including violations of U.S. customs
and immigration laws.
(6) Collect and analyze data to evaluate the effectiveness and
quality of services provided to other agencies in support of the
purposes described above, and of ICE's customs and immigration law
enforcement efforts generally.
(7) Identify potential criminal activity, immigration violations,
and threats to homeland security; uphold and enforce the law; and
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 U.S. Attorneys
Offices, or other federal agency conducting litigation or 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 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.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made pursuant to
a written Privacy Act waiver 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 federal, state, local, tribal, territorial, or foreign
government agencies or multilateral government organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil, criminal, or regulatory laws.
H. To federal, state, local, tribal, territorial, foreign, or
international agencies, if the information is relevant and necessary to
a requesting agency's decision concerning individuals who are being
screened with respect to their participation in, attendance at, or
other relation to a national or special security event.
I. To domestic governmental agencies seeking to determine the
immigration status of persons who have applied to purchase/obtain a
firearm in the United States, pursuant to checks conducted on such
persons under the Brady Handgun Violence Prevention Act or other
applicable laws.
J. To federal, state, local, tribal, territorial, or international
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.
K. 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 where the
government 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.
L. To federal, state, local, tribal, territorial, foreign or
international agencies in order to refer reports of suspicious
activity, tips, potential violations of law and other relevant
information to agencies with appropriate jurisdiction, authorities,
and/or need-to-know concerning the matters.
M. To the Department of Justice (DOJ), Federal Bureau of Prisons
(BOP) and other federal, state, local, territorial, tribal and foreign
law enforcement or custodial agencies for the purpose of

[[Page 10628]]

placing an immigration detainer on an individual in that agency's
custody, or to facilitate the transfer of custody of an individual to
DHS from the other agency.
N. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, 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 where
DHS requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
O. 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 the immigration and nationality laws, when DHS deems that
such disclosure is necessary to carry out its functions and statutory
mandates or to elicit information required by DHS to carry out its
functions and statutory mandates.
P. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
Q. 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.
R. 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.
S. To the Department of State when it 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.
T. To federal, state, local, territorial, tribal, international, or
foreign criminal, civil, or regulatory law enforcement authorities when
the information is necessary for collaboration, coordination, and de-
confliction of investigative matters, prosecutions, and/or other law
enforcement actions to avoid duplicative or disruptive efforts and to
ensure the safety of law enforcement officers who may be working on
related law enforcement matters.
U. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies
where 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.
V. 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.
W. 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.
X. To the Department of Justice (DOJ), Federal Bureau of
Investigation (FBI) in order to facilitate responses to fingerprint-
based immigration status queries that are sent to ICE, including
queries that the FBI sends on behalf of another agency.
Y. 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.
Z. 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.
AA. To federal, state, local, tribal, territorial, foreign, or
international agencies, if DHS determines (1) the information is
relevant and necessary to the agency's decision concerning the hiring
or retention of an individual, or the 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.
BB. To federal, state, local, tribal, territorial, foreign, or
international agencies seeking information on the subjects of wants,
warrants, or lookouts, or any other subject of interest, for purposes
related to administering or enforcing the law, national security,
immigration, or intelligence, when consistent with a DHS mission-
related function.
CC. To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence.
DD. To foreign governments in order to notify them concerning an
alien who is incapacitated, an unaccompanied minor, or deceased.
EE. To federal, state, local, tribal, and territorial courts or
government agencies involved in criminal investigation or prosecution,
pretrial services, sentencing, parole, probation, bail bonds, child
welfare services, or any other aspect of the criminal justice process,
and to counsel representing an individual in a criminal, civil, or
child welfare proceeding, in order to ensure the integrity of the
justice system by informing these recipients of the existence of an
immigration detainer on that individual or that individual's status in
removal proceedings, including removal, voluntary departure, or
custodial status/location. Disclosure of that individual's Alien
Registration Number (A-Number) and country of birth is also authorized
to facilitate use of the ICE Online Detainee Locator System by the
aforementioned individuals and agencies. This routine use does not
authorize disclosure to bail bond companies or agents.
FF. To appropriate federal, state, local, tribal, foreign or
international criminal justice agencies, or other authorized users of
NCIC, to respond to inquiries regarding a person who is or

[[Page 10629]]

may be the subject of an ICE-generated NCIC criminal arrest warrant or
immigration lookout record.
GG. 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 behind locked doors. Electronic records are stored on
magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by personal, biographic, or biometric
identifiers such as name, date of birth, place of birth, address, A-
Number(s), FBI criminal history number(s), Social Security Number,
Fingerprint Identification Number, and passport 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 controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the 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:
ICE is seeking approval for a records retention schedule for the
records described in this system of records. ICE proposes to maintain
the IAQ and IAR records pertaining to criminal biometric and biographic
immigration status checks and pertaining to National Sex Offender
Registrants for seventy-five (75) years. The IAQ and IAR records
pertaining to non-criminal biometric and biographic immigration queries
will be kept for thirty (30) years. Records pertaining to Brady Act,
special security event, and OPM checks will be kept for five (5) years
from the date an immigration status determination is made and an IAR
returned, after which the records will be deleted from the ACRIMe
system. ICE proposes to maintain NCIC Module records (containing the
underlying basis for the ICE-generated NCIC record) for 75 years from
the date the record is removed from NCIC. ICE also proposes to maintain
Communication Center Module records containing NCIC Hit Confirmation
calls for 75 years and follow-up calls to IARs for the time period
consistent with the type of query conducted. Additionally, ICE proposes
to maintain tips and suspicious activity reporting in the
Communications Center Module for ten (10) years from the date of the
tip.

System Manager and address:
Unit Chief, Law Enforcement Support Center, U.S. Immigration and
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495.

Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, ICE will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to ICE's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her, the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, U.S. Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP-0655, Washington, DC 20528-0655.
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. Sec. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you may obtain forms for this purpose from the Chief
Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should:
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 the above information, the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
Records are obtained from ICE and other federal, state, local,
tribal, foreign, and international criminal justice agencies (e.g., law
enforcement agencies, investigators, prosecutors, correctional
institutions, police departments, and parole boards).

Exemptions claimed for the system:
Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of
this system are exempt from subsections (c)(3) and (4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f); and (g)
of the Privacy Act. In addition, the system has been exempted from
subsections (c)(3), (d), and (e)(1), (4)(G), (4)(H), and (f) pursuant
to 5 U.S.C. 552a(k)(2). Rules have been promulgated in accordance with
the requirements of 5 U.S.C. 553(b), (c), and (e) and have been
published in the Federal Register as additions to Title 28, Code of
Federal Regulations (28 CFR 16.99). In addition, to the extent a record
contains information from other exempt systems of records, ICE will
rely on the exemptions claimed for those systems.

[[Page 10630]]

Dated: January 24, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-03377 Filed 2-13-13; 8:45 am]
BILLING CODE 9111-28-P