Notice2025-05846
Privacy Act of 1974; Systems of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 17, 2025
Issuing agencies
Justice Department
Abstract
Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Executive Office for Immigration Review (EOIR), a component within the United States Department of Justice (DOJ or Department), proposes to modify a system of records notice titled Roster of Organizations and their Accredited Representatives Recognized by the Board of Immigration Appeals, JUSTICE/BIA-002. In 2016, EOIR issued a final rule amending the regulations governing the requirements and procedures for the recognition of organizations and the accreditation of those organizations' representatives to represent persons in proceedings before EOIR and the Department of Homeland Security (DHS). Those regulatory amendments transferred the administration of the Recognition and Accreditation (R&A) Program within EOIR from the Board of Immigration Appeals (Board) to the Office of Legal Access Programs (OLAP). In 2019, the R&A Program was transferred by regulation to the Office of Policy (OP), the part of EOIR that oversees OLAP. EOIR proposes to modify JUSTICE/BIA-002 and to change the system number to JUSTICE/EOIR-004 to reflect the transfer of the R&A Program to OP. The last publication of the complete system of records notice was in 1980, prior to the issuance of OMB A-108. As such, EOIR is re-publishing the System of Records Notice for this system, in full. Additionally, the agency's Access EOIR initiative gave rise to the modernization of the Recognition and Accreditation Program application process through the development of the Recognition and Accreditation Access (RAA) system allowing prospective applicants to apply online for recognition or accreditation and online account management of an approved organization. Modified JUSTICE/EOIR-004 captures this modernization effort.
Full Text
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<title>Federal Register, Volume 90 Issue 73 (Thursday, April 17, 2025)</title>
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[Federal Register Volume 90, Number 73 (Thursday, April 17, 2025)]
[Notices]
[Pages 16173-16177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05846]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 01-2025]
Privacy Act of 1974; Systems of Records
AGENCY: Executive Office for Immigration Review, United States
Department of Justice.
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Executive Office for Immigration Review (EOIR), a component within the
United States Department of Justice (DOJ or Department), proposes to
modify a system of records notice titled Roster of Organizations and
their Accredited Representatives Recognized by the Board of Immigration
Appeals, JUSTICE/BIA-002. In 2016, EOIR issued a final rule amending
the regulations governing the requirements and procedures for the
recognition of organizations and the accreditation of those
organizations' representatives to represent persons in proceedings
before EOIR and the Department of Homeland Security (DHS). Those
regulatory amendments transferred the administration of the Recognition
and Accreditation (R&A) Program within EOIR from the Board of
Immigration Appeals (Board) to the Office of Legal Access Programs
(OLAP). In 2019, the R&A Program was transferred by regulation to the
Office of Policy (OP), the part of EOIR that oversees OLAP. EOIR
proposes to modify JUSTICE/BIA-002 and to change the system number to
JUSTICE/EOIR-004 to reflect the transfer of the R&A Program to OP. The
last publication of the complete system of records notice was in 1980,
prior to the issuance of OMB A-108. As such, EOIR is re-publishing the
System of Records Notice for this system, in full. Additionally, the
agency's Access EOIR initiative gave rise to the modernization of the
Recognition and Accreditation Program application process through the
development of the Recognition and Accreditation Access (RAA) system
allowing prospective applicants to apply online for recognition or
accreditation and online account management of an approved
[[Page 16174]]
organization. Modified JUSTICE/EOIR-004 captures this modernization
effort.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Therefore, please submit
any comments by May 19, 2025.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments: by mail to the United States Department of Justice, Office of
Privacy and Civil Liberties, ATTN: Privacy Analyst, Two Constitution
Square, 145 N St. NE, Suite 8W-300, Washington, DC 20530; by facsimile
at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#2555574c5344465c0b464a4855494c444b4640655056414a4f0b424a53"><span class="__cf_email__" data-cfemail="a9d9dbc0dfc8cad087cac6c4d9c5c0c8c7cacce9dcdacdc6c387cec6df">[email protected]</span></a>. To ensure
proper handling, please reference the above CPCLO Order No. on your
correspondence.
FOR FURTHER INFORMATION CONTACT: Alexander Y. Hartman, Senior Associate
General Counsel and Senior Component Official for Privacy, Office of
the General Counsel; Executive Office for Immigration Review, 5107
Leesburg Pike, Suite 2600, Falls Church, VA 22041, telephone: (703)
305-0470; <a href="/cdn-cgi/l/email-protection#eeaba1a7bcc0be9c87988f8d97c0a7809a8f858bae9b9d8a8184c0898198"><span class="__cf_email__" data-cfemail="20656f69720e705249564143590e694e54414b45605553444f4a0e474f56">[email protected]</span></a>; Sarah Flinn, Acting Assistant
Director, Office of Policy, Executive Office for Immigration Review,
5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041, telephone:
(703) 305-0289; <a href="/cdn-cgi/l/email-protection#c8bba9baa9a0e6a5e6aea4a1a6a688bdbbaca7a2e6afa7be"><span class="__cf_email__" data-cfemail="f5869487949ddb98db93999c9b9bb58086919a9fdb929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The DOJ is modifying this system of records,
Recognition and Accreditation Program Records, JUSTICE/EOIR-004, as a
replacement for the prior system of records, entitled Roster of
Organizations and Their Accredited Representatives Recognized by the
Board of Immigration Appeals, JUSTICE/BIA-002, (45 FR 75908), rescinded
on March 31, 2025, in part because the Board is no longer responsible
for overseeing and maintaining the R&A Program and in part due to the
modernization of the R&A Program permitting an online application
process and online account management for an approved organization
through the RAA system. Established pursuant to 8 CFR 1292.1(a)(4), the
R&A Program aims to increase the availability of competent legal
immigration representation for low-income and indigent aliens by
recognizing non-profit, federally tax-exempt organizations and
accrediting their non-attorney representatives. The R&A Program
recognizes eligible organizations to provide representation through
non-attorney Accredited Representatives who appear on behalf of clients
before the Immigration Courts, the Board, and DHS, or DHS alone. 8 CFR
1292.11. Each organization must designate an Authorized Officer to act
on behalf of the organization in recognition and accreditation matters.
Id. Pursuant to 8 CFR 1292.11-.13, OP is presently responsible for
recognizing organizations and accrediting their representatives. OP
maintains the system of records, which consists of (1) a roster of non-
profit religious, charitable, social service, and similar organizations
and their Accredited Representatives; (2) applications and related
documents submitted by such organizations for recognition and
accreditation; (3) documents generated by OP in the course of reviewing
such applications, including determinations approving or disapproving
recognition and accreditation requests as well as determinations
terminating recognition or accreditation status; and (4) documents
obtained by OP from external sources in the course of reviewing such
applications, including recommendations from EOIR's Office of Security,
recommendations or complaints received from U.S. Citizenship and
Immigration Services (USCIS), as well as complaints received from the
public about specific organizations or representatives. On January 18,
2017, control of the R&A Program and its attendant responsibilities of
recognizing organizations and accrediting their representatives was
transferred from the Board to OLAP. See 81 FR 92346 (Dec. 19, 2016). In
2019, such control transferred from OLAP to OP. See 84 FR 44537 (Aug.
26, 2019). Accordingly, the relevant records in the Board system of
records have been transferred to OP.
In furtherance of the agency's Access EOIR initiative, OP is
instituting an updated and streamlined electronic management and
storage system for R&A Program records. The new system will improve
efficiencies, accountability, and accuracy in OP's review of
applications for recognition and accreditation and for the management
of the R&A Program. The system is a full-scope computer-based program
that will fully automate the R&A Program application process.
Internally, the system will shift all processing of the R&A Program
applications to the automated system, which will include processes that
will require the verification of the presence and sufficiency of all
documentation necessary to demonstrate an applicant's or organization's
eligibility for admittance into the Program. Externally through the RAA
system, the system will allow applicants and organizations to fully
submit all applications for recognition and accreditation
electronically. On behalf of DHS, USCIS will have the ability to
upload, save, edit, digitally sign, and submit documents online through
the system, as well as view application documents received by EOIR. See
<a href="https://getaccredited.eoir.justice.gov/login">https://getaccredited.eoir.justice.gov/login</a>. Pursuant to the
regulations, recognition and accreditation applications must be served
on USCIS, and USCIS is afforded an opportunity to comment on the
application prior to EOIR's final determination. See 8 CFR 1292.13 et
seq. Lastly, OP will have the ability to issue determinations through
the system, send and receive notifications and periodic reminders, and
run reports based on data in the system's different data fields.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this notice of a modified system of
records.
Dated: March 31, 2025.
Peter Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/EOIR-004
SYSTEM NAME AND NUMBER:
Recognition and Accreditation Program Records, JUSTICE/EOIR-004.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Executive Office for Immigration Review, Department of Justice,
5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041.
SYSTEM MANAGER(S):
EOIR Chief Information Officer, Office of Information Technology,
5107 Leesburg Pike, Suite 1900, Falls Church, VA 22041, and EOIR Office
of Policy, 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system is established and maintained under the authority
granted to the Attorney General pursuant to 8 U.S.C. 1103 and 1362.
Such authority has been delegated to EOIR by 8 CFR part 1292.
PURPOSE(S) OF THE SYSTEM:
The primary mission of the Executive Office for Immigration Review
(EOIR) at the Department of Justice (Department) is to adjudicate
immigration cases by fairly, expeditiously, and uniformly interpreting
and administering the Nation's immigration laws. Under delegated
authority from the Attorney
[[Page 16175]]
General, EOIR conducts immigration court proceedings, appellate
reviews, and administrative hearings. EOIR created the Recognition and
Accreditation (R&A) Program to increase the availability of competent
legal immigration representation for low-income and indigent aliens by
recognizing non-profit, federally tax-exempt organizations and
accrediting their non-attorney representatives who appear on behalf of
clients before EOIR and/or Department of Homeland Security (DHS) in
immigration proceedings. 8 CFR 1292.1(a)(4), 1292.11. The purpose of
this system is to facilitate EOIR's administration of the R&A Program.
The system consists of the complete roster of non-profit religious,
charitable, social service, and similar organizations and their
Accredited Representatives; applications and related documents
submitted by such organizations for recognition and accreditation;
documents generated by EOIR in the course of reviewing such
applications, including determinations approving or disapproving
recognition and accreditation requests, as well as determinations
terminating recognition or accreditation status; and documents obtained
by EOIR from external sources in the course of reviewing such
applications, including recommendations or complaints received from the
public or U.S. Citizenship and Immigration Services (USCIS) about
specific organizations or representatives. Such records are necessary
to administer the R&A Program according to regulation. Therefore, the
scope of the modified system of records, as proposed, is commensurate
with the purpose of the system as described above.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system includes information pertaining to Authorized Officers
and other persons associated in an official capacity with a Recognized
Organization or non-profit religious charitable, social service, and
similar organizations seeking recognition, and persons on whose behalf
an organization is seeking, has received, or has been denied
accreditation.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of (1) paper and electronic applications and
supporting documentation, which include organization mission
statements, budget information, organizational and fee structures, tax
records, and documents regarding staff members, submitted by non-profit
religious charitable, social service, and similar organizations seeking
their own recognition as well as the accreditation of their
representatives; (2) documents generated by OP in the course of
reviewing recognition and accreditation applications, including
determinations approving or disapproving recognition to such
organizations and/or accreditation of their representatives, as well as
terminations of recognized organizations and accredited
representatives; (3) an electronic database containing information
provided in the applications and received in the course of reviewing
the applications for recognition and accreditation; and (4) a roster of
the Recognized Organizations and their Accredited Representatives. This
system may include, among other things, the following information: the
organizations' email addresses, fax numbers, and websites; names, email
addresses, employment addresses, and dates of birth for individuals
seeking or who have sought accreditation and Authorized Officers;
letters of recommendation from organizations and individuals; DHS
recommendation letters and investigation documents; background
investigation information for those seeking accreditation; and any
criminal, civil, and investigative history of the organizations or
representatives acquired by OP during its review of initial or renewal
applications for accreditation or recognition.
RECORD SOURCE CATEGORIES:
Records contained within the system are submitted by (1) the
organizations seeking their own recognition or the accreditation of
their representatives and (2) USCIS when recommending approval or
disapproval of a recognition or accreditation application. The system
also contains records generated by OP in the course of reviewing
recognition and accreditation applications, including determinations
approving or disapproving recognition to such organizations and/or
accreditation of their representatives, including criminal, civil, and
investigative history of the organizations or representatives acquired
by OP. Sources of information contained in this system are supplied by
the organization seeking recognition, individuals seeking
accreditation, and reports and/or records supplied by EOIR.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records of information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
(1) Copies of determinations approving or disapproving applications
for recognition may be provided to the organization seeking
recognition. Copies of determinations approving or disapproving
applications for accreditation of an individual may be provided to the
organization or the individual the organization seeks to accredit.
Copies may also be provided to the Department of Homeland Security,
U.S. Citizenship and Immigration Services.
(2) To Federal agencies involved in statistical analysis of data,
and publication and/or reporting of aggregated or de-identified
information designed to improve the efficiency and effectiveness of
immigration proceedings at those agencies or to better meet EOIR's
mission of adjudicating cases fairly and expeditiously, and uniformly
interpreting and administering the Nation's immigration laws.
(3) To contacts listed on applications for recognition or
accreditation, and associated forms, for the purpose of evaluating and
verifying the applicant organization's data and proposed
representative's claimed qualifications, experience, credentials, and
eligibility.
(4) Information about the recognition or accreditation status of an
organization or representative may be made public for awareness of
which or how many organizations and individuals are currently
recognized and accredited by EOIR, with the exception of information
otherwise afforded confidential treatment by law or regulation.
(5) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
(6) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal
[[Page 16176]]
Government, when necessary to accomplish an agency function related to
this system of records.
(7) To designated officers and employees of state, local,
territorial, or tribal law enforcement or detention agencies in
connection with the hiring or continued employment of an employee or
contractor, where the employee or contractor would occupy or occupies a
position of public trust as a law enforcement officer or detention
officer having direct contact with the public or with prisoners or
detainees, to the extent that the information is relevant and necessary
to the recipient agency's decision.
(8) To appropriate officials and employees of a Federal agency or
entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment of an employee; the issuance, renewal,
suspension, or revocation of a security clearance; the execution of a
security or suitability investigation; the letting of a contract, or
the issuance of a grant or benefit.
(9) To Federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
(10) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
(11) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(12) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
(13) To another Federal agency or Federal entity, when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach, or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
(14) To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of EOIR and meeting
related reporting requirements.
(15) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
OP currently stores all relevant information from applications and
supporting documents in a mail log, a tracking log, and a new
electronic management and storage system that tracks the status,
history, and complete lifecycle of each application OP receives. The
system also produces reports, collectively called the R&A Rosters,
which are lists of all currently approved Recognized Organizations and
Accredited Representatives.
Applications for recognition and accreditation may be made using
the fillable portable document files (pdfs) available on EOIR's website
and submitted with the necessary supporting documentation by regular
mail or email to the R&A Program. Applicants will also be able to use
the new system to submit applications electronically through the public
facing web-based application RAA system located at <a href="https://getaccredited.eoir.justice.gov/login">https://getaccredited.eoir.justice.gov/login</a>. Documents received by regular
mail are scanned and uploaded to the system. The new system will allow
OP to import data from the network drive, index, and format the
documents for optimal character recognition, making the information and
documentation available in the system in a searchable electronic
format. The capability will include input of data and metadata to aid
searching the documents.
OP also receives physical and electronic correspondence from USCIS
and members of the public regarding organizations and representatives.
That correspondence is also logged in the R&A Program's electronic
system. The new electronic system will allow USCIS to submit and store
correspondence for use through the RAA system located at <a href="https://getaccredited.eoir.justice.gov/login">https://getaccredited.eoir.justice.gov/login</a>.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Authorized internal users may retrieve paper records by the name of
the organization that submitted an application or by a unique tracking
number internally assigned by the R&A Program to the particular
organization for purposes of file organization and record keeping.
Authorized internal users may retrieve electronic records by the name
of the organization that submitted an application, the R&A case number
assigned to each organization application, or the name of the person on
whose behalf an accreditation application was submitted.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The retention period for these records under the Federal Records
Act is currently under development. Until the records retention
schedule is completed, the records in the system will not be destroyed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
appropriate laws, rules, and policies, including the Component's
automated systems security and access policies, and access to such
information is limited to Department personnel, contractors, and other
personnel who have an official need for access in order to perform
their duties. Physical records are maintained in a restricted area and
directly accessed only by authorized personnel. Electronic records are
accessed only by authorized personnel with accounts on the Component's
computer network. Additionally, direct access to certain information
may be restricted depending on a user's role and responsibility within
the system. Physical records are safeguarded in accordance with
appropriate laws, rules, and policies based on the classification and
handling restrictions of the particular document.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the EOIR Office of the General Counsel, 5107 Leesburg
Pike, Suite 2600, Falls Church, VA 22041, <a href="/cdn-cgi/l/email-protection#2c6963657e026a63656d7e495d59495f585f6c595f484346024b435a"><span class="__cf_email__" data-cfemail="a5e0eaecf78be3eaece4f7c0d4d0c0d6d1d6e5d0d6c1cacf8bc2cad3">[email protected]</span></a>.
The envelope and letter should be clearly marked ``Privacy Act Access
Request.'' The request must describe the records sought in sufficient
detail to enable Department personnel to locate them with a reasonable
amount of effort. The request must include a general description of the
records sought and
[[Page 16177]]
must include the requester's full name, current address, and place and
date of birth. The request must be signed and either notarized or
submitted under penalty of perjury.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, United
States Department of Justice, 950 Pennsylvania Avenue NW, Washington,
DC 20530, or on the Department of Justice website at <a href="http://www.justice.gov/oip/oip-request-html">http://www.justice.gov/oip/oip-request-html</a>. See also Form EOIR-59,
Certification and Release of Records, available at <a href="https://www.justice.gov/eoir/eoir-forms">https://www.justice.gov/eoir/eoir-forms</a>.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 subpart D, ``Protection of Privacy and Access to Individual
Records under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
The procedures for contesting or amending information contained in
this system of records is governed by 8 CFR part 1292. The procedures
require that organizations seeking accreditation of their
representatives be notified of adverse information and be given an
opportunity to rebut such information.
NOTIFICATION PROCEDURES:
Individuals receive notice pursuant to 5 U.S.C. 552a(e)(3) when
they complete their application on the website.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This system was previously part of JUSTICE/BIA-002, Roster of
Organizations and their Accredited Representatives Recognized by the
Board of Immigration Appeals, 45 FR 75908 (Nov. 17, 1980); 66 FR 8425
(Jan. 31, 2001); 87 FR 24147 (May 25, 2017) (rescinding 74 FR 3410
(Jan. 25, 2007)).
[FR Doc. 2025-05846 Filed 4-16-25; 8:45 am]
BILLING CODE 4410-30-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.