From: Subject: Federal Register, Volume 75 Issue 84 (Monday, May 3, 2010) Date: Thu, 8 Nov 2012 14:26:26 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2010-05-03/html/2010-10286.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 75 Issue 84 (Monday, May 3, = 2010) 
[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Pages 23274-23279]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2010-10286]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0031]


Privacy Act of 1974; Department of Homeland Security United=20
States Immigration Customs and Enforcement--011 Immigration and=20
Enforcement Operational Records System of Records

AGENCY: Privacy Office, DHS.

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

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of=20
Homeland Security U.S. Immigration and Customs Enforcement is updating=20
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement--011 Immigration and=20
Enforcement Operational Records System of Records (ENFORCE). With the=20
publication of this updated system of records, a new routine use has=20
been proposed. The routine use would support the deployment of the ICE=20
Online Detainee Locator System, which provides a searchable online=20
database to help members of the public locate detainees in ICE custody.=20
This routine use would also support the sharing of information about=20
ICE detainees for the purpose of allowing family members and other=20
individuals to deposit money in detainee accounts for telephone and=20
commissary services within a detention facility. A Privacy Impact=20
Assessment that describes the Online Detainee Locator System is being=20
published concurrently with this notice. It can be found on the DHS Web=20
site at http://www.dhs.gov/privacy. This =
updated system will continue=20
to be included in the Department of Homeland Security's inventory of=20
record systems.

DATES: Submit comments on or before June 2, 2010. This amended system=20
will be effective June 2, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0031 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Lyn Rahilly (703-732-3300), Privacy=20
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street,=20
SW., Mail Stop 5004, Washington, DC 20536; or Mary Ellen Callahan (703-
235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of=20
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:=20

I. Background

    ICE is proposing a new routine use to permit sharing of limited=20
information about current and former persons in ICE custody through the=20
Online Detainee Locator System (ODLS). ODLS is a publicly accessible,=20
Web-based system owned by U.S. Immigration and Customs Enforcement=20
(ICE) Office of Detention and Removal Operations (DRO).
    DRO is responsible for promoting public safety and national=20
security by arresting, detaining, and removing persons from the United=20
States in accordance with the Immigration and Nationality Act. ICE=20
developed ODLS as a service to the public, especially family members=20
and legal representatives, to help locate individuals arrested for=20
administrative immigration violations and who are in or have recently=20
left ICE custody (``detainees''). Currently, members of the public must=20
contact a DRO field office by phone to determine the location of a=20
detainee. With the deployment of this automated system, the public will=20
be able to locate detainees more quickly and efficiently through an=20
online query. The system will ultimately be available in several=20
languages to help users whose native language is not English.
    ODLS is a Web-based system that is accessible from an Internet=20
browser and may be used by any member of the public. ODLS is scheduled=20
to deploy in June 2010, and will be accessible by visiting ICE's public=20
Web site (http://www.ice.gov/locator). =
Persons using ODLS do not need=20
to set up an account or get special permission to use the system. ODLS=20
provides two ways to search for a detainee: (1) Perform a query using=20
an Alien Registration Number (A-Number) and country of birth; or (2)=20
perform a query using a full name and country of birth. After receiving=20
the query entered by the user, ODLS searches for a match among current=20
ICE detainees and detainees who have been booked out of ICE custody=20
(regardless of the reason) within the last 60 days. All records that=20
match the user's query are returned to the user in a list of one or=20
more search results.
    ODLS only performs exact-match searches. This means that the search=20
query entered by the user (specifically, the name or A-Number) must=20
exactly match the information in a detention record in order for the=20
record to be identified as a match and included in the ODLS search=20
results. For example, a search for ``Robert Smith'' will not return a=20
detention record for ``Robert Smyth'' or ``Bob Smith.'' When conducting=20
an A-Number search, ODLS users will see a maximum of one record in the=20
results because A-Numbers are assigned to individuals uniquely. When=20
conducting a name-based search, however, ODLS users may see multiple=20
records in the results if several detainees share the same name and=20
country of birth. Users may use the year of birth provided in the=20
results to distinguish among detainees with the same name.
    ODLS only contains information about individuals who are currently=20
in ICE custody or were previously detained by ICE within the past 60=20
days. If a search is performed for detainees who

[[Page 23275]]

have never been in ICE custody or were released from ICE custody more=20
than 60 days ago, ODLS will return a result of ``no records found.'' If=20
a matching detainee record is found, the ODLS results screen will=20
display the detainee's custody status as either ``in custody'' or ``not=20
in custody.'' An ``in custody'' status means the individual is=20
currently in ICE custody, and ODLS will display the detention facility=20
where the person is being held, the contact information for the=20
facility, a link to the facility's Web site, and the contact=20
information for the DRO office responsible for the detainee's=20
immigration case. A status of ``not in custody'' means the individual=20
was released from ICE custody within the last 60 days for any reason.=20
The ``not in custody'' status will be displayed if the individual was=20
removed from or voluntarily departed the United States, was released on=20
bond or through an alternatives-to-detention program, was released into=20
the United States due to the resolution of their immigration case=20
(e.g., grant of an immigration benefit that permits them to remain in=20
the country), or was transferred into the custody of another law=20
enforcement or custodial agency. For individuals released from ICE=20
custody within the last 60 days, ODLS displays contact information for=20
the DRO office responsible for the detainee's immigration case.
    ODLS also provides resources to help users find or identify the=20
detainee they are seeking. First, ODLS includes a frequently asked=20
questions (FAQ) page to answer common questions about the system and to=20
help troubleshoot problems. Second, for those who are unable to locate=20
the detainee in ODLS, a link is provided to all DRO offices so the=20
public can contact the office in the appropriate geographical area for=20
assistance. Finally, for every detainee included in ODLS, the=20
responsible DRO field office is identified and its contact information=20
is provided so family members and attorneys can call to confirm the=20
detainee's identity, arrange for bond, or ask for additional=20
information. Concurrently with the publication of this amended SORN,=20
ICE is publishing a PIA for ODLS on the Department's Privacy Office Web=20
site (http://www.dhs.gov/privacy).
    In addition to supporting ODLS, the proposed routine use would also=20
support the sharing of information about ICE detainees for the purpose=20
of allowing family members and other individuals to deposit money in=20
detainee accounts for telephone and commissary services within a=20
detention facility. At detention facilities that house ICE detainees,=20
detainees are able to pay to make telephone calls and to purchase items=20
in the detention facility's commissary. Some detention facilities have=20
on-site kiosks and Web site and telephone services that allow members=20
of the public to deposit money in detainees' telephone and/or=20
commissary accounts for that detention facility. This proposed routine=20
use would support the operation of these kiosks, Web sites, and=20
telephone systems that allow the public to search for a detainee at a=20
particular facility and make a deposit into the detainee's account.
    In accordance with the Privacy Act of 1974 the Department of=20
Homeland Security U.S. Immigration and Customs Enforcement is updating=20
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement--011 Immigration and=20
Enforcement Operational Records System of Records (ENFORCE). With the=20
publication of this updated system of records, a new routine use has=20
been proposed. The routine use would support the deployment of the ICE=20
Online Detainee Locator System, which provides a searchable online=20
database to help members of the public locate detainees in ICE custody.=20
This routine use would also support the sharing of information about=20
ICE detainees for the purpose of allowing family members and other=20
individuals to deposit money in detainee accounts for telephone and=20
commissary services within a detention facility. A Privacy Impact=20
Assessment that describes the Online Detainee Locator System is being=20
published concurrently with this notice. It can be found on the DHS Web=20
site at http://www.dhs.gov/privacy. This =
updated system will continue=20
to be included in the Department of Homeland Security's inventory of=20
record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the U.S. Government collects,=20
maintains, uses, and disseminates individuals' records. The Privacy Act=20
applies to information that is maintained in a ``system of records.'' A=20
``system of records'' is a group of any records under the control of an=20
agency from which information is retrieved by the name of an individual=20
or by some identifying number, symbol, or other identifying particular=20
assigned to the individual. In the Privacy Act, an individual is=20
defined to encompass U.S. citizens and lawful permanent residents. As a=20
matter of policy, DHS extends administrative Privacy Act protections to=20
all individuals where systems of records maintain information on U.S.=20
citizens, lawful permanent residents, and visitors. Individuals may=20
request access to their own records that are maintained in a system of=20
records in the possession or under the control of DHS by complying with=20
DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency recordkeeping=20
practices transparent, to notify individuals regarding the uses to=20
which their records are put, and to assist individuals to more easily=20
find such files within the agency. Below is the description of the DHS/
ICE--011 Immigration and Enforcement Operational Records (ENFORCE)=20
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget and to=20
Congress.
System of Records
    DHS/ICE-011.

System name:
    Immigration and Enforcement Operational Records (ENFORCE).

Security classification:
    Unclassified; Controlled Unclassified Information (CUI).

System location:
    Records are maintained at the U.S. Immigration Customs and=20
Enforcement (ICE) Headquarters in Washington, DC, ICE field and=20
attach[eacute] offices, and detention facilities operated by or on=20
behalf of ICE, or that otherwise house individuals detained by ICE.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    1. Individuals arrested, detained, and/or removed for criminal and/
or administrative violations of the Immigration and Nationality Act, or=20
individuals who are the subject of an ICE immigration detainer issued=20
to another custodial agency;
    2. Individuals arrested by ICE law enforcement personnel for=20
violations of Federal criminal laws enforced by ICE or DHS;
    3. Individuals who fail to leave the United States after receiving=20
a final order of removal, deportation, or exclusion, or who fail to=20
report to ICE

[[Page 23276]]

for removal after receiving notice to do so (fugitive aliens);
    4. Individuals who are granted parole into the United States under=20
section 212(d)(5) of the Immigration and Nationality Act (parolees);
    5. Other individuals whose information may be collected or obtained=20
during the course of an immigration enforcement or criminal matter,=20
such as witnesses, associates, and relatives;
    6. Attorneys or representatives who represent individuals listed in=20
categories (a)-(d) above;
    7. Persons who post or arrange bond for the release of an=20
individual from ICE detention, or receive custodial property of a=20
detained alien;
    8. Personnel of other agencies who assisted or participated in the=20
arrest or investigation of an alien, or who are maintaining custody of=20
an alien; and
    9. Prisoners of the U.S. Marshals Service held in ICE detention=20
facilities.

Categories of records in the system:
    Categories of records in this system include:
    1. Biographic, descriptive, historical and other identifying data,=20
including but not limited to: Names; fingerprint identification number=20
(FIN); date and place of birth; passport and other travel document=20
information; nationality; aliases; Alien Registration Number (A-
Number); Social Security Number; contact or location information (e.g.,=20
known or possible addresses, phone numbers); visa information;=20
employment, educational, immigration, and criminal history; height,=20
weight, eye color, hair color and other unique physical characteristics=20
(e.g., scars and tattoos).
    2. Biometric data: Fingerprints and photographs. DNA samples=20
required by DOJ regulation (see 28 CFR part 28) to be collected and=20
sent to the Federal Bureau of Investigation (FBI). DNA samples are not=20
retained or analyzed by DHS.
    3. Information pertaining to ICE's collection of DNA samples,=20
limited to the date and time of a successful collection and=20
confirmation from the FBI that the sample was able to be sequenced. ICE=20
does not receive or maintain the results of the FBI's DNA analysis=20
(i.e., DNA sequences).
    4. Case-related data, including: Case number, record number, and=20
other data describing an event involving alleged violations of criminal=20
or immigration law (location, date, time, event category, types of=20
criminal or immigration law violations alleged, types of property=20
involved, use of violence, weapons, or assault against DHS personnel or=20
third parties, attempted escape and other related information; event=20
categories describe broad categories of criminal law enforcement, such=20
as immigration worksite enforcement, contraband smuggling, and human=20
trafficking). ICE case management information, including: Case=20
category, case agent, date initiated, and date completed.
    5. Birth, marriage, education, employment, travel, and other=20
information derived from affidavits, certificates, manifests, and other=20
documents presented to or collected by ICE during immigration and law=20
enforcement proceedings or activities. This data typically pertains to=20
subjects, relatives, and witnesses.
    6. Detention data on aliens, including immigration detainers=20
issued; transportation information; detention-related identification=20
numbers; custodial property; information about an alien's release from=20
custody on bond, recognizance, or supervision; detention facility;=20
security classification; book-in/book-out date and time; mandatory=20
detention and criminal flags; aggravated felon status; and other=20
alerts.
    7. Detention data for U.S. Marshals Service prisoners, including:=20
Prisoner's name, date of birth, country of birth, detainee=20
identification number, FBI identification number, state identification=20
number, book-in date, book-out date, and security classification;
    8. Limited health information relevant to an individual's placement=20
in an ICE detention facility or transportation requirements (e.g.,=20
general information on physical disabilities or other special needs to=20
ensure that an individual is placed in a facility or bed that can=20
accommodate their requirements). Medical records about individuals in=20
ICE custody (i.e., records relating to the diagnosis or treatment of=20
individuals) are maintained in DHS/ICE--013 Alien Medical Records=20
System of Records;
    9. Progress, status and final result of removal, prosecution, and=20
other DHS processes and related appeals, including: Information=20
relating to criminal convictions, incarceration, travel documents and=20
other information pertaining to the actual removal of aliens from the=20
United States.
    10. Contact, biographical and identifying data of relatives,=20
attorneys or representatives, associates or witnesses of an alien in=20
proceedings initiated and/or conducted by DHS including, but not=20
limited to: Name, date of birth, place of birth, telephone number, and=20
business or agency name.
    11. Data concerning personnel of other agencies that arrested, or=20
assisted or participated in the arrest or investigation of, or are=20
maintaining custody of an individual whose arrest record is contained=20
in this system of records. This can include: Name, title, agency name,=20
address, telephone number and other information.
    12. Data about persons who post or arrange an immigration bond for=20
the release of an individual from ICE custody, or receive custodial=20
property of an individual in ICE custody. This data may include: Name,=20
address, telephone number, Social Security Number and other=20
information.

Authority for maintenance of the system:
    8 U.S.C. 1103, 1225, 1226, 1324, 1357, 1360, and 1365(a)(b);=20
Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint Act of=20
2005 (Pub. L. 109-162); Adam Walsh Child Protection and Safety Act of=20
2006 (Pub. L. 109-248); and 28 CFR part 28, ``DNA-Sample Collection and=20
Biological Evidence Preservation in the Federal Jurisdiction.''

Purpose(s):
    The purposes of this system are:
    1. To support the identification, apprehension, and removal of=20
individuals unlawfully entering or present in the United States in=20
violation of the Immigration and Nationality Act, including fugitive=20
aliens.
    2. To support the identification and arrest of individuals (both=20
citizens and non-citizens) who commit violations of Federal criminal=20
laws enforced by DHS.
    3. To track the process and results of administrative and criminal=20
proceedings against individuals who are alleged to have violated the=20
Immigration and Nationality Act or other laws enforced by DHS.
    4. To support the grant, denial, and tracking of individuals who=20
seek or receive parole into the United States.
    5. To provide criminal and immigration history information during=20
DHS enforcement encounters, and background checks on applicants for DHS=20
immigration benefits (e.g., employment authorization and petitions).
    6. To identify potential criminal activity, immigration violations,=20
and threats to homeland security; to uphold and enforce the law; and to=20
ensure public safety.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be

[[Page 23277]]

disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3)=20
as follows:
    A. To the Department of Justice (DOJ) or other Federal agency=20
conducting litigation or in proceedings before any court, adjudicative=20
or administrative body, or to a court, magistrate, administrative=20
tribunal, opposing counsel, parties, and witnesses, in the course of a=20
civil or criminal proceeding before a court or adjudicative body when=20
it is necessary to the litigation and one of the following is a party=20
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=20
DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or=20
has an interest in such litigation, and DHS determines that the records=20
are both relevant and necessary to the litigation and the use of such=20
records is compatible with the purpose for which DHS collected the=20
records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To a court, magistrate, or administrative tribunal in the course=20
of presenting evidence, including disclosures to opposing counsel or=20
witnesses in the course of civil discovery, litigation, or settlement=20
negotiations, including to an actual or potential party or his or her=20
attorney, or in connection with criminal law proceedings.
    I. To other Federal, State, local, or foreign government agencies,=20
individuals, and organizations during the course of an investigation,=20
proceeding, or activity within the purview of immigration and=20
nationality laws to elicit information required by DHS/ICE to carry out=20
its functions and statutory mandates.
    J. To the appropriate foreign government agency charged with=20
enforcing or implementing laws where there is an indication of a=20
violation or potential violation of the law of another nation (whether=20
civil or criminal), and to international organizations engaged in the=20
collection and dissemination of intelligence concerning criminal=20
activity.
    K. To other Federal agencies for the purpose of conducting national=20
intelligence and security investigations.
    L. To any Federal agency, where appropriate, to enable such agency=20
to make determinations regarding the payment of Federal benefits to the=20
record subject in accordance with that agency's statutory=20
responsibilities.
    M. To foreign governments for the purpose of coordinating and=20
conducting the removal of aliens to other nations; and to=20
international, foreign, and intergovernmental agencies, authorities,=20
and organizations in accordance with law and formal or informal=20
international arrangements.
    N. To family members and attorneys or other agents acting on behalf=20
of an alien, to assist those individuals in determining whether: (1)=20
The alien has been arrested by DHS for immigration violations; (2) the=20
location of the alien if in DHS custody; or (3) the alien has been=20
removed from the United States, provided however, that the requesting=20
individuals are able to verify the alien's date of birth or Alien=20
Registration Number (A-Number), or can otherwise present adequate=20
verification of a familial or agency relationship with the alien.
    O. To the DOJ Executive Office of Immigration Review (EOIR) or=20
their contractors, consultants, or others performing or working on a=20
contract for EOIR, for the purpose of providing information about=20
aliens who are or may be placed in removal proceedings so that EOIR may=20
arrange for the provision of educational services to those aliens under=20
EOIR's Legal Orientation Program.
    P. To attorneys or legal representatives for the purpose of=20
facilitating group presentations to aliens in detention that will=20
provide the aliens with information about their rights under U.S.=20
immigration law and procedures.
    Q. To a Federal, State, tribal or local government agency to assist=20
such agencies in collecting the repayment of recovery of loans,=20
benefits, grants, fines, bonds, civil penalties, judgments or other=20
debts owed to them or to the U.S. Government, and/or to obtain=20
information that may assist DHS in collecting debts owed to the U.S.=20
Government.
    R. To the State Department in the processing of petitions or=20
applications for immigration benefits and non-immigrant visas under the=20
Immigration and Nationality Act, and all other immigration and=20
nationality laws including treaties and reciprocal agreements; or when=20
the State Department requires information to consider and/or provide an=20
informed response to a request for information from a foreign,=20
international, or intergovernmental agency, authority, or organization=20
about an alien or an enforcement operation with transnational=20
implications.
    S. To the Office of Management and Budget (OMB) in connection with=20
the review of private relief legislation as set forth in OMB Circular=20
No. A-19 at any

[[Page 23278]]

stage of the legislative coordination and clearance process as set=20
forth in the Circular.
    T. To the U.S. Senate Committee on the Judiciary or the U.S. House=20
of Representatives Committee on the Judiciary when necessary to inform=20
members of Congress about an alien who is being considered for private=20
immigration relief.
    U. To a criminal, civil, or regulatory law enforcement authority=20
(whether Federal, State, local, territorial, tribal, international or=20
foreign) where the information is necessary for collaboration,=20
coordination and de-confliction of investigative matters, to avoid=20
duplicative or disruptive efforts and for the safety of law enforcement=20
officers who may be working on related investigations.
    V. To the U.S. Marshals Service concerning Marshals Service=20
prisoners that are or will be held in detention facilities operated by=20
or on behalf of ICE in order to coordinate the transportation, custody,=20
and care of these individuals.
    W. To third parties to facilitate placement or release of an alien=20
(e.g., at a group home, homeless shelter, etc.) who has been or is=20
about to be released from ICE custody but only such information that is=20
relevant and necessary to arrange housing or continuing medical care=20
for the alien.
    X. To an appropriate domestic government agency or other=20
appropriate authority for the purpose of providing information about an=20
alien who has been or is about to be released from ICE custody who, due=20
to a condition such as mental illness, may pose a health or safety risk=20
to himself/herself or to the community. ICE will only disclose=20
information about the individual that is relevant to the health or=20
safety risk they may pose and/or the means to mitigate that risk (e.g.,=20
the alien's need to remain on certain medication for a serious mental=20
health condition).
    Y. To the DOJ Federal Bureau of Prisons (BOP) and other Federal,=20
State, local, territorial, tribal and foreign law enforcement or=20
custodial agencies for the purpose of placing an immigration detainer=20
on an individual in that agency's custody, or to facilitate the=20
transfer of custody of an individual from ICE to the other agency. This=20
will include the transfer of information about unaccompanied minor=20
children to the U.S. Department of Health and Human Services (HHS) to=20
facilitate the custodial transfer of such children from ICE to HHS.
    Z. To DOJ, disclosure of DNA samples and related information as=20
required by 28 CFR part 28.
    AA. To DOJ, disclosure of arrest and removal information for=20
inclusion in relevant DOJ law enforcement databases and for use in the=20
enforcement Federal firearms laws (e.g., Brady Act).
    BB. To Federal, State, local, tribal, territorial, or foreign=20
governmental or quasi-governmental agencies or courts to confirm the=20
location, custodial status, removal or voluntary departure of an alien=20
from the United States, in order to facilitate the recipient agencies'=20
exercise of responsibilities pertaining to the custody, care, or legal=20
rights (including issuance of a U.S. passport) of the removed=20
individual's minor children, or the adjudication or collection of child=20
support payments or other debts owed by the removed individual.
    CC. Disclosure to victims regarding custodial information, such as=20
release on bond, order of supervision, removal from the United States,=20
or death in custody, about an individual who is the subject of a=20
criminal or immigration investigation, proceeding, or prosecution.
    DD. To any person or entity to the extent necessary to prevent=20
immediate loss of life or serious bodily injury, (e.g., disclosure of=20
custodial release information to witnesses who have received threats=20
from individuals in custody.)
    EE. To an individual or entity seeking to post or arrange, or who=20
has already posted or arranged, an immigration bond for an alien to aid=20
the individual or entity in (1) identifying the location of the alien,=20
or (2) posting the bond, obtaining payments related to the bond, or=20
conducting other administrative or financial management activities=20
related to the bond.
    FF. To appropriate Federal, State, local, tribal, or foreign=20
governmental agencies or multilateral governmental organizations where=20
DHS is aware of a need to utilize relevant data for purposes of testing=20
new technology and systems designed to enhance national security or=20
identify other violations of law.
    GG. To members of the public, disclosure of limited detainee=20
biographical information for the purpose of (1) identifying whether the=20
detainee is in ICE custody and the custodial location, and (2)=20
facilitating the deposit of monies into detainees' accounts for=20
telephone or commissary services in a detention facility.
    HH. To the news media and the public, with the approval of the=20
Chief Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Information can be stored in case file folders, cabinets, safes, or=20
a variety of electronic or computer databases and storage media.

Retrievability:
    Records may be retrieved by name, identification numbers including,=20
but not limited to, alien registration number (A-Number), fingerprint=20
identification number, Social Security Number, case or record number if=20
applicable, case related data and/or combination of other personal=20
identifiers including, but not limited to, date of birth and=20
nationality.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    ICE is in the process of drafting a proposed record retention=20
schedule for the information maintained in the Enforcement Integrated=20
Database (EID). ICE anticipates retaining records of arrests,=20
detentions and removals in EID for one-hundred (100) years; records=20
concerning U.S. Marshals Service prisoners for ten (10) years;=20
fingerprints and photographs collected using Mobile IDENT for up to=20
seven (7) days in the cache of an encrypted government laptop;=20
Enforcement Integrated Database Data Mart (EID-DM), ENFORCE Alien=20
Removal Module Data Mart (EARM-DM), and ICE Integrated Decision Support=20
(IIDS) records for seventy-five (75) years; user account management=20
records (UAM) for ten (10) years

[[Page 23279]]

following an individual's separation of employment from Federal=20
service; statistical records for ten (10) years; audit files for=20
fifteen (15) years; and backup files for up to one (1) month.
    ICE anticipates retaining records from the Fugitive Case Management=20
System (FCMS) for ten (10) years after a fugitive alien has been=20
arrested and removed from the United States; 75 years from the creation=20
of the record for a criminal fugitive alien that has not been arrested=20
and removed; ten (10) years after a fugitive alien reaches 70 years of=20
age, provided the alien has not been arrested and removed and does not=20
have a criminal history in the United States; ten (10) years after a=20
fugitive alien has obtained legal status; ten (10) years after arrest=20
and/or removal from the United States for a non-fugitive alien's=20
information, whichever is later; audit files for 90 days; backup files=20
for 30 days; and reports for ten (10) years or when no longer needed=20
for administrative, legal, audit, or other operations purposes.

System Manager and address:
    Unit Chief, Law Enforcement Systems/Data Management, U.S.=20
Immigration and Customs Enforcement, Office of Investigations Law=20
Enforcement Support and Information Management Division, Potomac Center=20
North, 500 12th Street, SW., Washington, DC 20536.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from=20
the notification, access, and amendment procedures of the Privacy Act=20
because it is a law enforcement system. However, ICE will consider=20
individual requests to determine whether or not information may be=20
released. Thus, individuals seeking notification of and access to any=20
record contained in this system of records, or seeking to contest its=20
content, may submit a request in writing to ICE's FOIA Officer, whose=20
contact information can be found at http://www.dhs.gov/foia under=20
``contacts.''
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
lack of specificity or lack of compliance with applicable regulations.

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

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

Record source categories:
    Records in the system are supplied by several sources. In general,=20
information is obtained from individuals covered by this system, and=20
other Federal, State, local, tribal, or foreign governments. More=20
specifically, DHS/ICE-011 records derive from the following sources:
    (a) Individuals covered by the system and other individuals (e.g.,=20
witnesses, family members);
    (b) Other Federal, State, local, tribal, or foreign governments and=20
government information systems;
    (c) Business records;
    (d) Evidence, contraband, and other seized material; and
    (e) Public and commercial sources.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted portions of this=20
system of records from subsections (c)(3) and (4); (d); (e)(1), (e)(2),=20
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); and (g) of the=20
Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the Secretary=20
of Homeland Security has exempted portions of this system of records=20
from subsections (c)(3); (d); (e)(1), (e)(4)(G), and (e)(4)(H) of the=20
Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply=20
only to the extent that records in the system are subject to exemption=20
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).
    In addition, to the extent a record contains information from other=20
exempt systems of records, DHS will rely on the exemptions claimed for=20
those systems.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-10286 Filed 4-30-10; 8:45 am]
BILLING CODE 9111-28-P