President Obama Indicates that Immigration Reform Not an Urgent Issue in 2010

In a speech on May 5, 2010 at a Cinco de Mayo reception in the White Houses Rose Garden, President Obama implied that immigration reform is not a priority agenda item. When asked about the issue of immigration, the president said, I want to begin work this year, and I want Democrats and Republicans to work with me  because we have got to stay true to who we are, a nation of laws and a nation of immigrants. The President, however, did not provide any feedback when asked about a timetable for new major immigration legislation.

When the time comes for immigration reform, the President will face an uphill battle. Republican’s focus is solely on securing national borders, and Democrats are split about the urgency of meaningful reform. Two leading blue-dog democrats, Nebraska’s Ben Nelson and Arkansas’ Blanche Lincoln, have commented that they would like to see the issue of immigration reform put off until 2011.

Two weeks prior, a small group of Democrats in the Senate completed a new immigration reform proposal; however, the proposal is not in a form that is ready for a vote and a vote will not happen, according to one Democratic aide, until there is confirmation that Republican lawmakers will go along with the legislation.

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USCIS Still Accepting H-1B Petitions for Fiscal Year 2011

USCIS is still accepting H-1B cap-subject visas for Fiscal Year 2011. As of April 27, only 16,500 cap-subject H-1B petitions have been filed with USCIS and just under 7,000 H-1B petitions have been received for aliens with masters degrees or higher. These rates are similar to those seen last year; both, however, are much lower than rates seen in previous years, when the annual cap would be reached in less than one week.

The H-1B standard annual cap is 65,000; the H-1B master’s exemption cap is 20,000. This year’s filing period opened on April 1, 2010. Petitions that are subject to the FY 2011 cap must request an employment start date of October 1, 2010 or after. Any petitions that request start dates prior to October 1, 2010 will be rejected by USCIS.

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Arizona is Not the First State to Take Immigration Matters into their Own Hands

by Mary Giovagnoli et. al for the Immigration Policy Center

Arizona’s controversial new immigration law (SB 1070) is the latest in a long line of efforts to regulate immigration at the state level. While the Grand Canyon State’s foray into immigration law is one of the most extreme and punitive, other states have also attempted to enforce federal law through state-specific measures and sanctions. Oklahoma and Georgia have recently passed measures, with mixed constitutional results, aimed at cracking down on illegal immigration through state enforcement. Legislators in 45 states introduced 1,180 bills and resolutions[i] in the first quarter of 2010 alone, compared to 570 in all of 2006. Not all state legislation relating to immigration is punitive—much of it falls within traditional state jurisdiction, such as legislation that attempts to improve high school graduation rates among immigrants or funds. The leap into federal enforcement, however, represents a disturbing trend fueled by the lack of comprehensive immigration reform at the federal level. 

A report by the National Conference of State Legislatures, 2010 Immigration-Related Bills and Resolutions in the States, shows an increase in individual state action on immigration issues.

State laws related to immigration have increased dramatically in recent years:

• In 2006, 570 immigration bills were introduced; 84 laws were enacted and 12 resolutions were adopted.

• In 2007, 1,562 immigration bills were introduced; 240 laws were enacted and 50 resolutions were adopted.

• In 2008, 1,305 immigration bills were introduced; 206 laws were enacted and 64 resolutions were adopted.

• In 2009, more than 1,500 immigration bills were introduced; 222 laws were enacted and 131 resolutions were adopted.

• In the first quarter of 2010, 1,180 immigration bills were introduced; 107 laws were enacted, and 87 resolutions were adopted.

The Arizona law is not the first to pass punitive laws against immigrants. Other states have passed anti-immigrant legislation, though none as strong as Arizona’s:

• Oklahoma enacted H 1804 in 2007, which makes it illegal to knowingly transport unauthorized immigrants, requires state contractors to check the immigration status of all workers, revokes business licenses of employers who knowingly hire unauthorized immigrants, denies unauthorized immigrants driver’s licenses, and requires proof of citizenship for certain government benefits. Constitutional challenges to the law were partially successful.

• In 2006, Georgia passed S 529, which mandates use of the E-Verify program for government contractors, taxes workers without a taxpayer ID number, requires jails to check the immigration status of any prisoners charged with a felony or DUI, and requires verification of immigration status to receive any public benefits where the individual is over 18 years of age.

• Arizona enacted H 2779 in 2007, which requires all employers to use the E-Verify system and revokes business licenses from employers who knowingly hire undocumented immigrants more than once. Legal challenges to the law were unsuccessful.

The report found that the majority of proposed state immigration legislation in the first quarter of 2010 was in the areas of education, employment, identification/licensing, law enforcement, and resolutions:

• Education: 106 bills were introduced, including Idaho S 1367 which makes unauthorized immigrants unable to qualify for resident student status, and Washington S 6403 which seeks to improve high school graduation rates by serving vulnerable youth, including recent immigrants (both enacted).

• Employment: 173 bills were introduced, including Virginia H 737 (enacted) which requires state agencies, public contractors, localities, and private employers with 15 or more employees to enroll in the E-Verify program by December 1, 2010.

• Identification/Licensing: 156 bills were introduced, including South Dakota H 1107, which requires evidence of legal presence in the U.S. to renew a nonresident commercial driver license (enacted).

• Law Enforcement: 136 bills were introduced, including Oklahoma H 2751 which requires any immigrant unlawfully present under federal immigration law to submit to DNA testing for law enforcement identification purposes once arrested (enacted).

• Resolutions: 188 resolutions were introduced, including Alabama SJR 31, which urges Congress to continue funding the E-Verify program, New Jersey SR 23, which urges Congress to enact the Haitian Protection Act of 2009 to grant qualifying Haitian nationals in the U.S. temporary protected status, and New Mexico HM 60, which urges Congress to enact comprehensive immigration reform legislation (all enacted).

While some of the state laws are beneficial to immigrants, others, including Arizona SB 1070 are overreaching and misguided. Twelve states – Arkansas, Maryland, Minnesota, Missouri, Nevada, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas and Utah – have introduced or are considering introducing similar legislation. Unless Congress addresses the immigration issue soon, state legislators will continue to find it politically expedient to take matters into their own hands, leading to more constitutional challenges and wasted resources spent fighting a federal problem at the state level.

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[i] A resolution is a non-binding statement passed to express the intent or thought of a legislature, but does not affect the laws of the state.

Published On: Thu, May 06, 2010 |

 

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About The Author

Mary Giovagnoli is the Director of the Immigration Policy Center.

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Immigration Customs Enforcement (ICE) Will Publish Searchable Online Database of Immigrants in Detention Centers

Federal Register: May 3, 2010 (Volume 75, Number 84)]
[Notices]              
[Page 23274-23279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my10-78]                        

=======================================================================
———————————————————————–

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0031]

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

AGENCY: Privacy Office, DHS.

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

———————————————————————–

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

DATES: Submit comments on or before June 2, 2010. This amended system
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.
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 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 (703-732-3300), Privacy
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street,
SW., Mail Stop 5004, Washington, DC 20536; or Mary Ellen Callahan (703-
235-0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

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

[[Page 23275]]

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

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the U.S. 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 from which information is retrieved by the name of an individual
or by some identifying number, symbol, or other identifying particular
assigned to the individual. In the Privacy Act, an individual is
defined to encompass U.S. citizens and lawful permanent residents. As a
matter of policy, DHS extends administrative Privacy Act protections to
all individuals where 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 recordkeeping
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–011 Immigration and Enforcement Operational Records (ENFORCE)
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
    DHS/ICE-011.

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

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

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

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

[[Page 23276]]

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

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

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

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

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

[[Page 23277]]

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

[[Page 23278]]

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

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

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

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

[[Page 23279]]

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

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

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

Record access procedures:
    See “Notification procedure” above.

Contesting record procedures:
    See “Notification procedure” above.

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

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

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

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