[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 409-412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31267]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0123]
Privacy Act of 1974; United States Citizenship and Immigration
Services--010 Asylum Information and Pre-Screening System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act systems of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to add a new system of records to the
Department of Homeland Security's inventory, entitled Unites States
Citizenship and Immigration Services-010 Asylum Information and Pre-
Screening System of Records. This new system of records is composed of
two existing legacy IT systems: The Refugees, Asylum, and Parole System
and the Asylum Pre-Screening System. Refugees, Asylum, and Parole
System and Asylum Pre-Screening System have been in operation prior to
the publication of this system of records notice as both systems were
deemed to contain active records for only non-United States citizens
and non-legal permanent residents. Refugees, Asylum, and Parole System
and Asylum Pre-Screening System are used to capture information
pertaining to asylum applications, credible fear and reasonable fear
screening processes, and applications for benefits provided by Section
203 of the Nicaraguan Adjustment and Central American Relief Act. This
newly established system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before February 4, 2010. This new system
will be effective February 4, 2010.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2009-0123, 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 notice. 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: For general questions please contact:
United States Citizenship and Immigration Services (202-272-1663), 20
Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. For privacy
issues please contact: Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
As set forth in section 451(b) of the Homeland Security Act of
2002, Congress charged United States Citizenship and Immigration
Services (USCIS) with the administration of the asylum program, which
provides protection to qualified individuals in the United States who
have suffered past persecution or have a well-founded fear of future
persecution in their country of origin as outlined under 8 CFR part
208. USCIS is also responsible for the adjudication of the benefit
program established by section 203 of the Nicaraguan Adjustment and
Central American Relief Act (NACARA 203), in
[[Page 410]]
accordance with 8 CFR part 241, and the maintenance and administration
of the credible fear and reasonable fear screening processes, in
accordance with 8 CFR 208.30 and 208.31.
In order to carry out its statutory obligations in administering
these benefit programs, USCIS has established the Asylum Information
and Pre-Screening System of Records to facilitate every aspect of
intake, adjudication, and review of the specified programs.
The Asylum Information and Pre-Screening System tracks case status
and facilitate the scheduling of appointments and interviews as well as
to issue notices at several stages of the adjudication process and to
generate decision documents. This system also initiates, facilitates
and tracks security and background check screening, and prevents the
approval of any benefit prior to the review and completion of all
security checks. Finally, the system provides a fully developed and
flexible means for analyzing and managing program workflows and
provides the Asylum Program with statistical reports to assist with
oversight of production and processing goals.
The Asylum Information and Pre-Screening System is composed of two
IT systems: Refugees, Asylum and Parole System (RAPS) and Asylum Pre-
Screening System (APSS). RAPS is a comprehensive case management tool
that enables USCIS to handle and process applications for asylum
pursuant to section 208 of the Immigration and Nationality Act (Act)
and applications for adjustment pursuant to section 203 of NACARA. DHS
offices worldwide can access RAPS as a resource of current and historic
immigration status information on more than one million applicants. DHS
officials can use RAPS to verify the status of asylum applicants,
asylees, and their dependents to assist with the verification of an
individual's immigration history in the course of a review of visa
petitions and other benefit applications as well.
APSS is a program-focused case management system that supports
USCIS in the screening of individuals in the expedited removal process
and of individuals subject to reinstatement of a final order of removal
or an administrative removal order based on a conviction of an
aggravated felony to determine whether they have credible fear or
reasonable fear, thus providing the individual with an opportunity for
a hearing before an immigration judge. Case tracking, application
processing, and workflow management are carried out for all credible
fear and reasonable fear screenings using APSS.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records. A ``system of records'' is a group of any
records under the control of an agency for which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined to encompass United States
citizens and lawful permanent residents. As a matter of policy, DHS
extends administrative Privacy Act protections to all individuals where
systems of records maintain information on U.S. citizens, lawful
permanent residents, and visitors. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist the
individual to more easily find such files within the agency. Below is a
description of DHS/USCIS-010 system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
these new systems of records to the Office of Management and Budget and
to the Congress.
System of Records
DHS/USCIS-010
System name:
United States Citizenship and Immigration Services Asylum
Information and Pre-Screening System.
Security classification:
Unclassified.
System location:
The system is currently located at the Department of Justice (DOJ)
Data Processing Center, Dallas, Texas, with data access by Department
of Homeland Security (DHS) users including, but not limited to, U.S.
Citizenship and Immigration Services (USCIS) users from Headquarters,
Regional, and District Offices, Service Centers, the National Benefit
Center and Asylum Offices.
Categories of individuals covered by this system:
Categories of individuals covered by Asylum Information and Pre-
Screening System include:
Individuals covered by provisions of section 208 of the
Immigration and Nationality Act (Act), as amended, who have applied
with USCIS for asylum on Form I-589 (Application for Asylum and for
Withholding of Removal) and/or for suspension of deportation/special
rule cancellation of removal under section 203 of NACARA on Form I-881
(Application for Suspension of Deportation or Special Rule Cancellation
of Removal);
Individuals who were referred to a USCIS Asylum Officer
for a credible fear or reasonable fear screening determination under 8
CFR part 208, subpart B, after having expressed a fear of return to the
intended country of removal because of fear of persecution or torture,
during the expedited removal process under 8 U.S.C. 1225(b), the
administrative removal processes under 8 U.S.C. 1228(b) (removal of
certain aliens convicted of aggravated felonies), or 8 U.S.C.
1231(a)(5) (reinstatement of certain prior removal orders);
The spouse and children of a principal asylum applicant
properly included in an asylum application; and
Persons who complete asylum applications on behalf of the
asylum applicant (e.g., attorneys, form preparers, representatives).
Categories of records in the system:
Categories of records in Asylum Information and Pre-Screening
System include:
Name,
Alias,
Alien number (A-number),
Address,
Sex,
Marital status,
Date of birth,
Country of birth,
Country of nationality,
Ethnic origin,
Religion,
Port and date of entry,
Social Security number (if available),
Status at entry, filing date of asylum application,
Results of security checks,
Languages spoken.
Claimed basis of eligibility for benefit(s) sought,
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Case status,
Case history,
Employment authorization eligibility and application
history.
Information from other systems of records (or their
successor systems) such as Removable Alien Records System (DHS/ICE-011,
published May 5, 2009, 74 FR 20719), TECS (DHS/CBP-011, published
December 1, 2008, 73 FR 77778), the Records and Management Information
System (JUSTICE/EOIR-001, published May 11, 2004, 69 FR 26179), and the
USCIS Benefits Information System (BIS) (DHS/USCIS-003, published
September 29, 2008, 73 FR 56596).
Authority for maintenance of the system:
8 U.S.C. 1101, 1103, 1158, 1225, 1228, and 1522.
Purpose(s):
The purpose of Asylum Information and Pre-Screening System is to
manage, control, and track the following types of adjudications:
A. Affirmative asylum applications and
B. Applications filed with USCIS for suspension of deportation/
special rule cancellation of removal pursuant to section 203 of NACARA.
C. Credible fear screening cases under 8 U.S.C. 1225(b)(1)(B) and
D. Reasonable fear screening cases under 8 CFR 208.31.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, 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. The Department 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) that rely upon the
compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm as limited by the terms and conditions of 8 CFR
208.6.
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 and the limitations
of Title 8, Code of Federal Regulations (8 CFR) Sec. 208.6 on
disclosure as are applicable to DHS officers and employees. 8 CFR 208.6
prohibits the disclosure to third parties of information contained in
or pertaining to asylum applications, credible fear determinations, and
reasonable fear determinations except under certain limited
circumstances.
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 any element of the U.S. Intelligence Community, or any other
Federal or state agency having a counterterrorism function, provided
that the need to examine the information or the request is made in
connection with its authorized intelligence or counterterrorism
function or functions and the information received will be used for the
authorized purpose for which it is requested.
I. To other Federal, State, tribal, and local government agencies,
foreign governments, intergovernmental organizations and other
individuals and organizations as necessary and proper during the course
of an investigation, processing of a matter, or during a proceeding
within the purview of U.S. or foreign immigration and nationality laws,
to elicit or provide information to enable DHS to carry out its lawful
functions and mandates, or to enable the lawful functions and mandates
of other federal, state, tribal, and local government agencies, foreign
governments, or intergovernmental organizations as limited by the terms
and conditions of 8 CFR 208.6 and any waivers issued by the Secretary.
J. To a Federal, State, tribal, or local government agency or
foreign government seeking to verify or ascertain the citizenship or
immigration status of any individual within the jurisdiction of the
agency for any purpose authorized by law.
K. To appropriate agencies, entities, and persons when:
1. It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. It is 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) that rely upon the compromised information;
and
3. The disclosure is made to such agencies, entities, and persons
when reasonably necessary to assist in connection with efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
Disclosure to consumer reporting agencies:
None.
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Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
The records are stored in a database on magnetic disk and tape. A
record, or any part thereof, may be printed and stored in the
applicant's A-file.
Retrievablity:
Records are indexed and retrievable by name and/or A-file number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict 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. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program.
Retention and disposal:
The following USCIS proposal for retention and disposal is pending
approval by NARA:
Master File automated records will be maintained for 25 years after
the case is closed, and then archived at the DOJ Data Processing Center
or its designated successor, for 75 years and then destroyed. Copies of
system data may be stored in the individual's Alien File (NCI-85-80-5/
1).
Reports used to facilitate case processing that contains personally
identifiable information will be maintained at Headquarters and Asylum
Field Offices and destroyed when no longer needed.
System Manager and address:
The Chief of the Asylum Division, Refugee, Asylum and International
Operations Directorate, U.S. Citizenship and Immigration Services,
Suite 3300, 20 Massachusetts Avenue, NW., Washington, DC 20529.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because of criminal, civil, and administrative enforcement
requirements. However, USCIS 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 the Headquarters or component's FOIA Officer,
whose contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,
DC 20528.
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 Director,
Disclosure and FOIA, 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,
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 are obtained from the individuals who are the subject of
these records. Information contained in this system may also be
supplied by DHS, other U.S. Federal, State, tribal, or local government
agencies, foreign government agencies, and international organizations.
Exemptions claimed for the system:
None.
Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-31267 Filed 1-4-10; 8:45 am]
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