USCIS Reminds Guatemalans of Certain Immigration Benefits Available

WASHINGTON—In light of Tropical Storm Agatha, U.S. Citizenship and Immigration Services (USCIS) reminds Guatemalans of U.S. immigration benefits available to eligible Guatemalan nationals upon request.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Guatemala may include:

• The grant of an application for change or extension of nonimmigrant status on behalf of a Guatemalan national who is currently in the United States, even in cases where the request is submitted after the individual’s authorized period of admission has expired;
• Re-parole of individuals granted parole by USCIS;
• Extension of certain grants of advance parole, expedited processing of advance parole requests;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization due to severe economic hardship for F-1 students;
• Expedited processing of immigrant petitions for immediate relative(s) of U.S. citizens and lawful permanent residents (LPRs);
• Expedited issuance of employment authorization where appropriate; and
• Assistance to LPRs stranded overseas without documents in coordination with the Department of State.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

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Immigration Fees Set to Rise due to a Decline in Applications

The Wall Street Journal

By MIRIAM JORDAN    June 10, 2010

The nation’s immigration chief is proposing several fee increases for green cards and visas in an effort to plug a revenue shortfall at his agency, caused in part by a decline in applications.

The fee increases—proposed by U.S. Citizenship and Immigration Services Director Alejandro Mayorkas and likely to go into effect this summer after a public comment period—would be the first since 2007. They would raise by an average of 10% the cost of filing petitions for permanent legal residency and temporary residency for foreign skilled workers and foreign entrepreneurs.

The move could cause applications to rise as people rush to get their paperwork in ahead of the increase. Applications surged in 2007, although that fee increase was much sharper.

Among those who would be affected are U.S. citizens and U.S. permanent residents who are seeking to bring immediate relatives into the country. About 650,000 of these applications were filed in 2009. The proposed increase for these applications, to $420 from $355, is substantial in percentage terms—18%—but an increase of $65 is unlikely to deter many people, given the application’s purpose.

The proposed increases don’t change the cost of applying to become a U.S. citizen—$675. That fee went up 69% three years ago.

“This is certainly better than last time, when increases averaged 66%,” said Crystal Williams, executive director of the American Immigration Lawyers Association. But “we continue to be plagued with poor-quality service.”

Instead, fees for applications for H-1B, L and O visas, which are required of foreigners who come to the U.S. to work in jobs in high-tech companies, universities and the arts, would rise slightly. The fee for processing an application for the first step toward citizenship, a green card, would increase to $965 from $930, plus $85 for required electronic fingerprints, an increase of $5.

Other increases would be stiffer. For example, the initial cost to process a petition for a foreigner seeking to earn the right to live in the U.S. by investing at least $500,000 and creating at least 10 jobs, under a program known as EB-5, would rise to $1,500 from $1,435. But another fee associated with the program, which must be paid about two years later, would jump to $3,750 from $2,850.

Operators of so-called regional centers, projects designated to receive investment by the foreigner entrepreneurs, would have to pay $6,230 to qualify for those funds, according to the new fee structure. Currently, there is no fee.

Mr. Mayorkas said at a news conference that “we have worked hard to minimize the size of the proposed increase through budget cuts and other measures.” However, he said, revenue generated from fees in the last two years was much lower than projected, and revenue in fiscal year 2010, which ends Sept. 30, remains low.

While the agency received appropriations from Congress, budget cuts of approximately $160 million haven’t bridged the remaining gap between costs and anticipated revenue. The agency, which is required by law to recoup its expenses with fees, hopes to collect $200 million a year in new revenue as a result of the increases. It needs about $2.3 billion annually to operate, the director said.

Mr. Mayorkas has been traveling around the country to meet with business leaders, immigrant advocates and agency employees as he completes what he calls a “top-to-bottom review” of the agency ahead of an overhaul, which started with the creation of a new fraud detection unit.

The federal agency oversees most immigration benefits, including petitions for citizenship and green cards; employment, student and family visas; asylum; refugee status; and humanitarian relief.

A major fee increase in July 2007 triggered an avalanche of naturalization applications before it went into effect. The agency received 570,442 naturalization applications in fiscal 2009, compared with 1.4 million in fiscal 2007—when people were also rushing to get the paperwork in so they could vote in the coming presidential election, and anticipating new restrictions on immigration. Mr. Mayorkas attributed the drop in applications mainly to the economic downturn. 

Echoing a common grievance among immigration attorneys, Ms. Williams said that adjudicators who review applications often appear to use arbitrary standards and request clarifications that delay the processing of visas.

“It seems almost every application has a request for evidence that extends the time of the whole process,” she said.

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Business owners indicted for providing jobs, transportation for illegal aliens across eastern U.S.

ICE – Immigration Customs Enforcement

June 3, 2010

ATLANTA, GA – Five individuals have been indicted by a federal grand jury in three separate indictments on charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain, in a case being investigated by the U.S. Immigration and Customs Enforcement (ICE) Office of Investigations in Atlanta and the FBI.

Three additional individuals were arrested Thursday on criminal complaints and are expected to have their bond hearings and arraignments Friday before U.S. Magistrate Judge Janet F. King.

“We are focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces and by exploiting illegal aliens,” said ICE Acting Special Agent in Charge Robert Andrews. “By joining forces with the FBI, we will continue rooting out this criminal activity. The message is clear: All employers must play by the rules.”

The three indictments were unsealed after ICE and FBI conducted joint field operations to arrest the defendants and execute search warrants yesterday and today. Named in the indictments as part of the criminal conspiracies are: Pili Chen, 55, of Tucker, Ga.; Ai Lin Fu, 40, of Norcross, Ga.; Chun Yan Lin, 44, of Chamblee, Ga.; Xiang Mei Ke, 32, of Duluth, Ga.; and Jing Xing Jiang, 42, of Lawrenceville, Ga. The conspiracy charge carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000.

According to the charges and other information presented in court, Lin, Fu and Chen owned employment agencies named “New Fuzhou,” “Zhong Mei,” and “Lucky,” all in Chamblee, Ga., and conspired with others to transport and provide jobs to illegal aliens.

The agency owners primarily placed the illegal aliens mainly in restaurant jobs in South Carolina, Pennsylvania, Tennessee, Mississippi and Georgia. The employment agencies did not require or request any proof that the aliens had permission to be or work in the United States. The employment agencies allegedly advertised in Asian language newspapers and on the Internet. They charged the undocumented aliens a commission and transportation fee to place them in a restaurant or other job site and to drive them there. In some cases, they charged the restaurant owners, who deducted the fees from their illegal workers’ modest pay. Another individual arrested yesterday during the ICE/FBI joint enforcement operation, Chunbiao Xu, 33, of Norcross, Ga., now faces the same charges as the other employment agency defendants.

Co-conspirators Ke and Jiang owned and operated restaurants named “Hong Kong Super Buffet” in Gainesville, Ga., and “Fuji Buffet,” in Lawrenceville, Ga., where they used undocumented aliens brokered by the conspiring employment agencies. The restaurant owners often provided housing, sometimes in their own houses, to the workers in order to better monitor them and shield them from detection, and paid the workers in cash to avoid paying unemployment taxes. Also arrested yesterday were Liang Feng Chen, 32, and Sau Ting Cheng, 41, both of Duluth, Ga., who owned and operated “Grand Buffet and Grill,” a restaurant in Duluth, Ga., and were charged in criminal complaints with conspiracy to encourage and induce aliens to reside illegally in the United States.

Pili Chen also allegedly transported the undocumented aliens in a private vehicle from the employment agencies to the illegal job sites. The employment agencies used paid drivers to minimize contact between the undocumented aliens and the outside world, including law enforcement.

All defendants face federal charges of conspiring to induce undocumented aliens to enter and remain in the United States by providing them with employment, predominantly at Chinese restaurants, all for commercial gain. Fu faces additional charges of transporting aliens for the purpose of commercial advantage and private financial gain, in reckless disregard of the fact that the aliens were in the United States and remained here in violation of the law. The transportation charge carries a maximum sentence of up to 10 years in federal prison and a fine of up to $250,000.

U.S. Attorney Sally Quillian Yates said, “These defendants allegedly provided jobs that frequently exploited the workers by subjecting them to long shifts, six days a week, often with substandard pay and living conditions. On top of that, the defendants took large deductions from the workers’ pay to reimburse themselves for the costs of the employment agencies’ illegal services.

FBI Atlanta Special Agent in Charge Brian D. Lamkin said, “Yesterday and today’s joint FBI/ICE operation should serve as notice to those individuals and businesses that traffic and exploit undocumented immigrants. The FBI remains committed to working with U.S. ICE agents as we enforce federal law.”

This joint ICE/FBI investigation continues.

During yesterday’s joint operation, 39 individuals were arrested administratively by ICE for being in violation of U.S. immigration law. They are currently in ICE custody pending immigration removal proceedings.

Assistant U.S. Attorneys Susan Coppedge, Brian Pearce, Phyllis Clerk, Steve McClain, and Gerald Sachs are prosecuting the cases.

— ICE —

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USCIS Visa Bulletin for June 2010

VISA BULLETIN FOR JUNE 2010

 

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 10th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	08NOV04	08NOV04	08NOV04	08NOV04	22OCT92	15MAR95
2A	01JAN08	01JAN08	01DEC06	01JAN08	01DEC06	01JAN08
2B	15NOV02	15NOV02	01JUL02	15NOV02	15JUN92	08MAR99
3rd	22JUN01	22JUN01	22JUN01	22JUN01	22OCT92	22MAY92
4th	01SEP00	01SEP00	01SEP00	01SEP00	08DEC95	01APR88

 

*NOTE: For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC06. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT the DOMINICAN REPUBLIC and MEXICO with  priority dates beginning 01DEC06 and earlier than 01JAN08. (All 2A numbers provided for the DOMINICAN REPUBLIC and MEXICO are exempt from the per-country limit; there are no 2A numbers for the DOMINICAN REPUBLIC and MEXICO subject to the per-country limit.)

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C	C
2nd	C	22NOV05	C	01FEB05	C	C
3rd	22JUN03	22JUN03	22JUN03	22OCT01	U	22JUN03
Other Workers	01JUN01	01JUN01	01JUN01	01JUN01	U	01JUN01
4th	C	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C	C
5th	C	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C	C

 

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2010 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For June, immigrant numbers in the DV category are available to qualified DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	45,600	Except: Egypt: 24,200 Ethiopia: 25,100 Nigeria: 17,500
ASIA	19,550
EUROPE	31,000
NORTH AMERICA (BAHAMAS)	4
OCEANIA	1,175
SOUTH AMERICA, and the CARIBBEAN	1,300

 

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2010 program ends as of September 30, 2010. DV visas may not be issued to DV-2010 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010. DV visa availability through the very end of FY-2010 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July, immigrant numbers in the DV category are available to qualified DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	54,100	Except: Egypt: 24,500 Ethiopia: 25,100 Nigeria: 18,850
ASIA	23,500
EUROPE	32,000
NORTH AMERICA (BAHAMAS)	5
OCEANIA	1,300
SOUTH AMERICA, and the CARIBBEAN	1,500

 

D. OVERSUBSCRIPTION OF THE DOMINICAN REPUBLIC CHARGEABILITY

Continued heavy applicant demand for Family preference numbers has required the oversubscription of the DOMINICAN REPUBLIC chargeability for June, to hold issuances within the annual numerical limitation. The result has been the establishment of cut-off dates in the Family Second preference categories which are earlier than the Worldwide dates.

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Temporary Protected Status (TPS) fo Hondurans and Nicaraguans: U.S. Immigration Service Has Issued Guidance on Late Registration for TPS Applicants

Guidance on Late Initial Registration for TPS Applicants

Introduction
This fact sheet focuses on the requirements for filing a late initial registration application for Temporary Protected Status (TPS). 

Background
The Department of Homeland Security (DHS) extended TPS for 18 months, through Jan. 5, 2012, to eligible nationals of Honduras and Nicaragua (and people having no nationality who last habitually resided in these countries). This extension does not apply to Hondurans and Nicaraguans who entered the United States after Dec. 30, 1998. 

The re-registration period for Hondurans and Nicaraguans who already have TPS started on May 5, 2010 and will end on July 6, 2010. Further details on this extension of TPS for Honduras and Nicaragua appear in the Federal Register notices published on May 5, which announced the extension of these two designations. In addition, certain nationals of Honduras and Nicaragua who have not previously applied for TPS may be able to register under the late initial registration provisions.  

Questions & Answers 

Q1.  Can a Nicaraguan or Honduran who was in the United States as of Dec. 30, 1998, but did not register for TPS during the initial designation of Nicaragua and Honduras in 1999, register for TPS now?
A1.  Yes, late initial registration is available in limited circumstances if you: 

• are a national of Honduras or Nicaragua, or an alien without nationality who last habitually resided in Honduras or Nicaragua; AND
• have continuously resided in the United States since Dec. 30, 1998; AND
• have been continuously physically present in the United States since Jan. 5, 1999; AND
• satisfactorily complete the routine background checks required of all applicants; AND
• meet certain other admissibility and eligibility criteria as specified in section 244(c) of the INA, 8 USC 1254a(c), and regulations at 8 CFR 244.1-244.9; AND
• Meet the qualifying conditions listed below for late initial TPS registration.

Q2. What requirements or qualifying conditions do I need to meet to qualify for late initial registration?
A2. To qualify for a late initial TPS registration application, you must also demonstrate that at the time of the initial registration period of the TPS designation for Nicaragua or Honduras (Jan. 5, 1999 through Aug. 20, 1999), you: 

• were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal; OR
• had a pending application for:

o Change of status;
o Adjustment of status;
o Asylum; OR 

• had voluntary departure; OR
• had any relief from removal pending or subject to further review or appeal; OR
• were a parolee or had a pending request for re-parole; OR
• were the spouse or child of an alien currently eligible to be a TPS registrant. (see 8 CFR 244.2(f)(2).

If you are applying for TPS for the first time under the  late initial registration provisions, you must register while one of the above qualifying conditions still exists, or no later than 60 days after the expiration or termination of the qualifying condition. The qualifying condition you seek to use for eligibility under late initial filing must have existed during the initial TPS registration period for Nicaragua or the initial TPS registration period for Honduras TPS (January 5, 1999 through August 20, 1999). 

Q3. If I didn’t have a qualifying condition during the initial TPS registration period, but had it during the last re-registration (extension), am I eligible to submit a late initial filing for TPS now?
A3. No. One of the qualifying conditions must have applied to you during the initial 1999 TPS registration periods for Honduras and Nicaragua. 

Q4. If I am currently the spouse or child of someone granted TPS, but I did not apply for TPS during the initial registration period, can I submit a late initial filing now?
A4. The family relationship must also have existed during the 1999 initial registration period. You must also meet all the basic TPS eligibility requirements.  

Q5. How do I learn more about TPS?
A5. Please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TTY). You may also visit the USCIS’ Web site’s TPS page by clicking here.  To learn more about USCIS’ programs, visit www.uscis.gov.

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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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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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USCIS Visa Bulletin for May 2010

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2.  Section 201 of the Immigration and Nationality Act (INA) sets an annual
minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation,
of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:  Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES

First:    Priority Workers:  28.6% of the worldwide employment-based
preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to “Other Workers”.  

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
1st	08SEP04	08SEP04	08SEP04	15OCT92	01NOV94
2A	01DEC06	01DEC06	01DEC06	01JUN05	01DEC06
2B	01JUL02	01JUL02	01JUL02	15JUN92	15NOV98
3rd	08JUN01	08JUN01	08JUN01	22OCT92	01MAY92
4th	15MAY00	15MAY00	15MAY00	08DEC95	08DEC87

 

*NOTE:  For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUN05.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUN05 and earlier than 01DEC06.  (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
Employment -Based
1st	C	C	C	C	C
2nd	C	22SEP05	01FEB05	C	C
3rd	22APR03	22APR03	01OCT01	U	22APR03
Other Workers	01JUN01	01JUN01	01JUN01	U	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C

 

The Department of State has available a recorded message with visa availability information which can be heard at:  (area code 202) 663-1541.  This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2010 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For May, immigrant numbers in the DV category are available to qualified DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	39,200	Except: Egypt: 23,600 Ethiopia: 22,500 Nigeria: 16,200
ASIA	16,400
EUROPE	29,250
NORTH AMERICA (BAHAMAS)	4
OCEANIA	1,100
SOUTH AMERICA, and the CARIBBEAN	1,200

 

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2010 program ends as of September 30, 2010.  DV visas may not be issued to DV-2010 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010.  DV visa availability through the very end of FY-2010 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK
CUT-OFFS WHICH WILL APPLY IN JUNE

For June, immigrant numbers in the DV category are available to qualified
DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	45,600	Except: Egypt: 24,200 Ethiopia: 25,100 Nigeria: 17,500
ASIA	19,550
EUROPE	31,000
NORTH AMERICA (BAHAMAS)	4
OCEANIA	1,175
SOUTH AMERICA, and the CARIBBEAN	1,300

 

D. MEXICO EMPLOYMENT THIRD AND THIRD OTHER WORKER VISA AVAILABILITY

Due to continued heavy applicant demand, primarily by USCIS Offices for adjustment of status cases, the annual limits for the Mexico Employment Third and Third preference Other Worker categories have been reached.   As a result, both categories have become “unavailable.”  Visa numbers will become available once again in October with the start of the new fiscal year.

E. VISA AVAILABILITY IN THE COMING MONTHS

Family-sponsored:  During the past fifteen months, the level of demand for numbers in the Family-sponsored preference categories has been very low.  As a result, the cut-off dates for most Family preference categories have been advancing at a very rapid pace, in an attempt to generate demand so that the annual numerical limits may be fully utilized.  If demand for numbers should begin to materialize cut-off date movements may begin to slow or stop.   
Dominican Republic:  Continued heavy applicant demand for Dominican Republic numbers is likely to result in the oversubscription of this chargeability in June.   This would cause the cut-off dates for the Family second preference categories to be earlier than those which apply to most other countries.

Employment-based:  Applicant demand for Employment Fourth preference numbers remains very heavy.   It is likely that a cut-off date will need to be established in an effort to keep number use within the annual limits. Depending upon number use, this action could occur as early as June.

F. MONITORING CUT-OFF DATE MOVEMENT AND REPORTING CHANGES OF ADDRESS FOR CASES BEING PROCESSED OVERSEAS

This Visa Bulletin allows applicants in the numerically controlled immigrant visa categories to follow the movement of the monthly cut-off dates.  The information is also available on-line at www.travel.state.gov.  The cut-off dates are used to determine which applicants may be entitled to either:  1) be scheduled for a formal visa interview if processing their case overseas at an Embassy or Consulate, or 2) file an adjustment of status application if they are already in the United States and eligible to have their case processed at a USCIS Office.

All readers should be aware that any changes of address for applicants processing their case overseas should always be reported to the National Visa Center.   It is essential that the National Visa Center have the correct address so that information regarding the processing of the case at an overseas post may be sent to the applicant. 

When contacting the National Visa Center (NVC) directly about an immigrant visa application case, always include the following information:

• The NVC case number
• Name of the principal applicant
• Principal applicant’s date of birth
• Name of the petitioner
• Petitioner’s date of birth

E-Mail

The public may submit inquiries to the NVC via e-mail at: nvcinquiry@state.gov

In order to ensure a prompt response:

• Provide the relevant NVC Case Number on the subject  line of the e-mail.
• Provide the applicant’s name and date of birth, and the petitioner’s name and date of birth.
• Provide the name of the law office requesting information.
• Provide the name of the employer if the petition is employment based.
• Refer to only one case per e-mail message.

Customer Service

Telephone operators are available to respond to inquiries Monday through Friday from 7:30am until 12:00am (EST).  Please call (603) 334-0700

Postal Mail

National Visa Center
Attn: WC
31 Rochester Avenue, Suite 200
Portsmouth, NH 03801-2915

G. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: April 9, 2010

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STATUS OF CAMBODIAN ADOPTIONS: USCIS CLARIFICATION

“U.S. Citizenship and Immigration Services (USCIS) today clarified that it continues to be unable to approve any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed for a child to be adopted from Cambodia.

Also, the Department of State (DOS) has advised USCIS that DOS has determined that Cambodia is not currently meeting its obligations under The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention).

As a result, DOS consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration. Therefore USCIS is unable to approve any Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, filed for a child to be adopted from Cambodia at this time.” USCIS, Feb. 11, 2009.

STATUS OF CAMBODIAN ADOPTIONS

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NON-MINISTER CATEGORY OF SPECIAL IMMIGRANT RELIGIOUS WORKERS TO EXPIRE ON MARCH 6, 2009

“U.S. Citizenship and Immigration Services (USCIS) reminds its customers that authorization for the non-minister special immigrant religious worker program will expire on March 6, 2009.

Individuals applying under the non-minister category of the program, including family members, must either adjust status to permanent resident or be admitted with an immigrant visa before March 6, 2009.” USCIS, Feb. 4, 2009.

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