Notice2025-13609
Privacy Act of 1974; System 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
July 21, 2025
Effective
August 20, 2025
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, "DHS/U.S. Immigration and Customs Enforcement (ICE)-008 Search, Arrest, and Seizure Records (SAS)." ICE collects and maintains information in the SAS in order to document searches of individuals and property, arrests of individuals, and detentions and seizures of property and goods pursuant to ICE law enforcement authorities. ICE is updating this system of records notice to modify the purpose of the system; modify existing, and add new, categories of individuals; modify and update the categories of records; and update, modify, and remove routine uses. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. All exemptions listed for this system in the existing system of records notice will continue to be applicable for this updated notice, as currently implemented in 6 CFR part 5, Appendix C. This updated system will be included in DHS's inventory of record systems.
Full Text
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<title>Federal Register, Volume 90 Issue 137 (Monday, July 21, 2025)</title>
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[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Notices]
[Pages 34288-34293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13609]
[[Page 34288]]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2024-0013]
Privacy Act of 1974; System of Records
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``DHS/U.S. Immigration and Customs
Enforcement (ICE)-008 Search, Arrest, and Seizure Records (SAS).'' ICE
collects and maintains information in the SAS in order to document
searches of individuals and property, arrests of individuals, and
detentions and seizures of property and goods pursuant to ICE law
enforcement authorities. ICE is updating this system of records notice
to modify the purpose of the system; modify existing, and add new,
categories of individuals; modify and update the categories of records;
and update, modify, and remove routine uses. Additionally, this notice
includes non-substantive changes to simplify the formatting and text of
the previously published notice. All exemptions listed for this system
in the existing system of records notice will continue to be applicable
for this updated notice, as currently implemented in 6 CFR part 5,
Appendix C. This updated system will be included in DHS's inventory of
record systems.
DATES: Submit comments on or before August 20, 2025. This modified
system will be effective upon publication. New or modified routine uses
will be effective August 20, 2025.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2024-0013 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Roman Jankowski, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number ICEB-2024-0013. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
U.S. Immigration and Customs Enforcement (ICE), 500 12th Street SW,
Mail Stop 5004, Washington, DC 20536. For privacy questions, please
contact: Roman Jankowski, <a href="/cdn-cgi/l/email-protection#7d2d0f140b1c1e043d150c5319150e531a120b"><span class="__cf_email__" data-cfemail="cc9cbea5baadafb58ca4bde2a8a4bfe2aba3ba">[email protected]</span></a>, Chief Privacy Officer,
Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE) proposes to modify and reissue a current DHS system
of records notice (SORN) titled, ``DHS/ICE-008 Search, Arrest, and
Seizure Records (SAS).'' SAS systems maintain records regarding
searches of individuals and property, arrests of individuals, and
detentions and seizures of property and goods in support of the ICE
statutory law enforcement, immigration, counterterrorism, and homeland
security missions. This information consists of audio and video data,
including Body Worn Camera (BWC) footage, recorded during the search,
seizure, or arrest of a person or goods in furtherance of ICE law
enforcement actions. These actions include investigations of potential
criminal activity and threats to national security; enforcing
immigration and customs laws; and upholding and enforcing the law and
ensuring public safety.
The system of records notice's scope includes advanced
technological methods employed by ICE during searches and seizures
which includes ICE's use of new and emerging information technology
(IT). The term IT includes computers; support equipment (including
imaging devices, input, output, and storage devices necessary for
security and surveillance); equipment designed to be controlled by the
central processing unit of a computer; software; firmware and similar
procedures; services (including support services); and related
resources. ICE employs IT to improve law enforcement search, arrest,
and seizure efficacy to better counter the methods of increasingly
sophisticated criminal actors. Information on law enforcement personnel
who have created the records or participated in a search, arrest, and
seizure is also shared with systems supported by the SAS System of
Records Notice.\1\
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\1\ Such systems include the following: Telecommunications
Linking (TLS) System, Title III Tracking, Body Worn Camera (BWC)
System, ICE Case Management (ICM) System, and Repository for
Analytics in a Virtualized Environment (RAVEN).
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The purpose of this system remains to document all information and
activity related to ICE searches of individuals and property, arrests
of individuals, and seizures of goods, as well as related information
about the individuals or entities suspected of violations of laws and
regulations enforced by ICE. The system is also intended to facilitate
communication between ICE and foreign and domestic law enforcement
agencies for the purpose of enforcement and administration of laws,
including immigration and customs laws. A supplemental purpose is to
increase agency transparency to the public regarding interactions
between ICE and the populace by documenting ICE law enforcement
actions, such as through the use of BWCs; this increased transparency
will lead to greater accountability by the agency.
The following list includes the full explanation of changes to this
system of records notice:
(1) The purpose of the system has been modified to include the
documentation of enforcement actions between ICE and the public via
video and audio recording. This includes audio and video documentation
for which express consent is not required (e.g., via a body worn camera
in public view with no reasonable expectation of privacy). The purpose
of the audio and video recording of interactions with the public is to
improve policing practices and build community trust and legitimacy.
ICE interactions that may be recorded include, but are not limited to,
interactions arising out of:
[cir] At-large arrests, including searches incident(al) to that
arrest;
[cir] Search, arrest, and seizure related detentions, however
brief, including frisks conducted during the detentions;
[cir] Execution of, and attempting execution, criminal and
administrative arrest warrants;
[cir] Execution of search warrants, including during the time
securing the location to be searched as well as the ultimate search of
the locations; and
[cir] Questioning of any individual encountered during the above-
listed activities in the field.
(2) The categories of individuals have been updated to include
individuals with knowledge of the alleged activity, witnesses, and
witness bystanders; as well as victims, detainees, and other
individuals (minors and non-minors)
[[Page 34289]]
whose images and audio are captured incidentally by search, arrest, or
seizure activity through the use of recording devices such as body worn
cameras, security camera footage, and bystander smart phone or other
mobile device. It must be noted that only individuals are covered by
this notice for those recordings where ICE retrieves information by a
personal identifier in their normal course of business.
(3) The categories of records have been modified to include
biometric information, geolocation data records, open-source social
media tool use data records, commercial data, records derived from
advances in IT hardware/software, advances in currency/financial
information (e.g., cryptocurrency), and video/audio that may be
obtained during a search, arrest, or seizure.
(4) ICE is modifying Routine Uses A through I to conform to DHS
guidance. ICE is also adding routine uses K, O, P, and re-lettering
several routine uses to account for the newly added routine uses. Below
is a summary of those routine uses and their corresponding letter.
Routine Use A is being updated to include disclosures before ``any
court, adjudicative or administrative body when it is relevant or
necessary to the litigation and one of the following is a party to the
litigation or has an interest in such litigation:''
Routine Use E is being modified and a new Routine Use F has been
added to conform to Office of Management and Budget (OMB) Memorandum M-
17-12 ``Preparing for and Responding to a Breach of Personally
Identifiable Information,'' (Jan. 3, 2017).
Routine Use K is being added to allow DHS to exchange relevant data
in furtherance of coordinating and collaborating with other
organizations for the purpose of developing, testing and/or
implementing new software or technology solutions which have a purpose
that is related to the purpose of this system of records;
Routine Use O is being added to permit sharing of identifying
information with federal, state, local, tribal, territorial,
international, or foreign government agencies or entities for the
purpose of consulting with those agencies or entities for purposes of
assisting with an individual's request for redress;
Routine Use P is being added to clarify the disclosure to the
Department of State, ``when it 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;''
Additionally, this notice includes non-substantive changes to
simplify formatting and text of the previously published notice.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-008 Search, Arrest, and Seizure system of records
may be shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, ICE may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice.
This modified system will be included in DHS's inventory of record
systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the statutory framework governing the means by which Federal
Government agencies collect, maintain, use, and disseminate
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. Additionally,
the Judicial Redress Act (JRA) provides covered persons with a
statutory right to make requests for access and amendment to covered
records, as defined by the Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act. Under the Judicial Redress Act, a
``covered person'' refers to a natural person who is a citizen of a
covered country.
Below is the description of the DHS/ICE-008 Search, Arrest, and
Seizure 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 NAME AND NUMBER:
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-008 Search, Arrest, and Seizure Records.
SECURITY CLASSIFICATION:
Unclassified, Law Enforcement Sensitive.
SYSTEM LOCATION:
Records are maintained at the U.S. Immigration and Customs
Enforcement Headquarters in Washington DC and field offices, or
designated cloud computing environments. Records are maintained in such
systems as the following: Telecommunications Linking (TLS) System,
Title III Tracking, Body Worn Camera (BWC) System, ICE Case Management
(ICM) System, and Repository for Analytics in a Virtualized Environment
(RAVEN).
SYSTEM MANAGER(S):
Deputy Assistant Director, Homeland Security Investigations Cyber
and Operational Technology Division, 202-732-5200, 500 12th Street SW,
Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202-203; 8 U.S.C. 1357; 18 U.S.C. 554; 8 U.S.C. 2518; 19
U.S.C. 66; 19 U.S.C. 1431; 19 U.S.C. 1509; 19 U.S.C. 1603; 19 U.S.C.
2072; 21 U.S.C. 967; 22 U.S.C. 2778; other applicable authorities from
Title 18, United States Code; and Title 19, United States Code as
delegated by the Secretary of Homeland Security under his or her
authority granted by the Homeland Security Act of 2002 (Pub. L. 107-
296); 31 CFR part 103; 19 U.S.C. 66, 1618, 1625; 19 U.S.C. 19 CFR parts
171 and 172.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to:
(1) Document relevant information and activity related to ICE
searches of individuals and property; arrests of individuals; seizures
of goods, property, and non-physical property (data, bank accounts); as
well as related information about the individuals or entities suspected
of violations of laws and regulations enforced by ICE.
(2) Collect video/audio documentation of interactions:
<bullet> (i) Between ICE and partner law enforcement and the public
in furtherance of an active search, arrest, and seizure;
<bullet> (ii) Between ICE and individuals who are aliens or foreign
nationals encountered near/on the United States border; and
<bullet> (iii) During significant public events requiring ICE's
involvement to ensure documentation of a search, arrest, or seizure so
long as the sole purpose is not to record individuals who are
[[Page 34290]]
engaged in activity protected by the First Amendment.
(3) Facilitate communication between ICE and foreign and domestic
law enforcement agencies for the purpose of enforcement and
administration of laws, including immigration and customs laws.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include:
(1) Individuals who violated, or are believed to have violated, the
laws and regulations enforced by ICE or partner law enforcement
agencies, including those who have been administratively or criminally
charged with violations of such laws and regulations;
(2) Individuals related to arrested individuals, including
guardians or custodians of minors, sponsors, or hosts of individuals
who are dependent guests or visitors;
(3) Individuals who are witnesses, and individuals who may have
knowledge of alleged illegal activity (e.g., victims, associates)
related to a search, arrest, and/or seizure;
(4) Individuals who may be recorded incidentally by video or audio
during a search, arrest, and/or seizure;
(5) Owners, claimants, and other interested parties relating to
detained seized, seized and/or forfeited goods and property;
(6) Law enforcement personnel (e.g., ICE personnel, foreign and
domestic law enforcement partners, and task force participants) or
other assigned government personnel both directly involved in law
enforcement duties and encountered incidental to enforcement duties.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system may include:
Information about individuals:
<bullet> Name;
<bullet> Nationality;
<bullet> Aliases;
<bullet> Social Security number;
<bullet> A-Number;
<bullet> Citizenship;
<bullet> Date and place of birth;
<bullet> Physical description of individual;
<bullet> Addresses;
<bullet> Telephone numbers;
<bullet> Occupation;
<bullet> Place of business;
<bullet> Driver's license number and other license information for
owners and operators of vehicles, aircraft, and vessels;
<bullet> Other biographical information;
<bullet> Passport and visa information;
<bullet> Criminal history;
<bullet> Immigration status and history;
<bullet> Employment history;
<bullet> Business information, including occupation and place of
business;
<bullet> Information related to the individual's entry into and
exit from the United States;
<bullet> Suspicious financial activity, currency transaction
reports, and currency or monetary instrument reports;
<bullet> Biometric information (i.e., fingerprints, voiceprints or
voice audio recognition, iris images, photographs, DNA samples, and any
unique numerical identifiers assigned to biometrics for administrative
purposes) collected as a result of a search or arrest. DNA samples are
collected and sent to the FBI. DNA samples are not retained or analyzed
by ICE; and
<bullet> 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).
Information about the search, seizure, or detention of goods or
property, or the search or arrest of individuals:
<bullet> Search/arrest/seizure/detention:
[cir] Date;
[cir] Arrest location (public or non-public), including location of
safehouse.
<bullet> License and registration number of vehicles, aircraft,
vessels, merchandise, goods, and other assets;
<bullet> License plate vehicle tag number and registration
information, including image of license plate characters and associated
temporal and location information;
<bullet> Individual and/or contraband's mode of entry (e.g., marine
vessel), including a description of entry points(s);
<bullet> Photographs related to searches, detentions, seizures, or
arrests including those captured incidentally by search, arrest, and
seizure activity;
<bullet> Search, arrest, and seizure audio and or video footage/
recordings, overt or covert, of ICE and partner law enforcement
encounters, searches, seizures, stops, arrests, or other interactions
(i.e., between ICE personnel and the public) including those captured
incidentally by search, arrest, and seizure activity from a device
mounted on a:
[cir] Mobile object, including a mobile vehicle or vessel (e.g.,
uncrewed aerial vehicles (UAS or sUAS); submersible vessels; land
vehicles);
[cir] Stationary object; and
[cir] Individual, including
[ssquf] Law enforcement personnel (e.g., BWC footage); and
[ssquf] Citizen witnesses recording a law enforcement encounter(s)
with the public (e.g., on a mobile device);
[cir] Forms that are part of the search arrest seizure process
(e.g., declaration forms submitted to U.S. Customs and Border
Protection (CBP));
<bullet> Receipts of:
[cir] Cash, currency (e.g., crypto currency) or banking records;
and
[cir] Goods, or other property seized, detained, or forfeited;
<bullet> Description of goods or other property seized, detained,
searched, or forfeited;
<bullet> Estimated foreign value of seized goods or other property;
<bullet> Duty paid and owed;
<bullet> Domestic value of seized goods or other property;
<bullet> Notices provided to owners, claimants, or other interested
parties pertaining to seized goods or other property;
<bullet> Reports of arrests, searches, detentions, and seizures by
ICE including the circumstances of the seizure, including reports from
other law enforcement agencies;
<bullet> Section of law violated;
<bullet> Warrant number;
<bullet> Location tracking related data (e.g., geolocation
coordinates, Global Positioning System (GPS) use, and cell tower
coordinates);
<bullet> Information, including that which is received from other
governmental agencies, confidential sources, and other sources
pertaining to search, arrest, and seizure activity, as well as search,
arrest, and seizure referrals from other agencies, tips, and other
leads pertaining to potential violations of U.S. customs and
immigration law, as well as other laws and regulations within ICE's
jurisdiction; and
<bullet> Information about other law enforcement personnel (e.g.,
other Federal governmental and State and Local agencies) involved in an
enforcement action, including: name, badge number, and station
location.
Any other evidence in any form collected during the course of a
search, arrest, or seizure or contained within documents relating to
such an action, including:
<bullet> Papers, photographs, video, electronic recordings,
electronic data, digital, virtual, non-fungible, or video records that
was obtained, seized, or otherwise lawfully acquired from any source
during the course of a search, arrest, seizure, to the extent relevant
and necessary for the performance of ICE's statutory enforcement
authorities. This includes footage created from ICE's use of body-worn
cameras.
<bullet> Seized or detained records in both paper and electronic
form, including
[[Page 34291]]
computers, computer records, disks, hard drives, flash drives and other
electronic media and storage devices;
<bullet> Digital evidence including cyber forensics (e.g., computer
code which could reveal a nation-state's or cyber criminal's
signature);
<bullet> Internet protocol (IP) address, name, and uniform resource
locator (URL), including those of website(s) seized; and
<bullet> Metadata (data about data) which may include geolocation
data, device unique identifier, video clip unique identifier, video
clip file name, and video category tags.
RECORD SOURCE CATEGORIES:
Records are obtained from individuals who have been subject to
search or arrest; owners, claimants, and other interested parties of
detained, seized, and/or forfeited property; ICE personnel and ICE IT
systems described in Privacy Impact Assessments which are wholly or
partially covered by the SAS System of Records Notice; other federal
agencies, and state, tribal, local and foreign law enforcement
agencies; confidential sources; members of the public; and third-party
commercial data brokers, sources or aggregators, or record holders.
Sources of information also include: public records; publicly available
information including social media; import and export records systems;
immigration and admission records systems; victims; witnesses; and
those individuals with knowledge of the alleged activity.
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) 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 (DOJ), including Offices of the
U.S. Attorneys Offices, or other federal agency conducting litigation
or proceedings before any court, adjudicative, or administrative body,
when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency, or 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (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 DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS 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.
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, when 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 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.
I. To a federal agency for a statistical or research purpose,
including the development of methods or resources to support
statistical or research activities, provided that the records support
DHS programs and activities that relate to the purpose(s) stated in
this SORN, and will not be used in whole or in part in making any
determination regarding an individual's rights, benefits, or privileges
under federal programs, or published in any manner that identifies an
individual.
J. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the ICE employee making the
disclosure.
K. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data, that relate to the purpose(s) stated in this
SORN, for purposes of developing, testing, and/or implementing new
technology.
L. To international and foreign governmental authorities in
accordance with the law and formal or informal international
arrangements.
M. 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 or in connection with criminal law proceedings or in
response to a judge-approved subpoena from a court of competent
jurisdiction.
N. To an appropriate federal, state, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
[[Page 34292]]
O. To federal, state, local, tribal, territorial, international, or
foreign government agencies or entities for the purpose of consulting
with those agencies or entities: (1) To assist in making a
determination regarding redress for an individual in connection with
the operations of a DHS component or program; (2) to verify the
identity of an individual seeking redress in connection with the
operations of a DHS component or program; or (3) to verify the accuracy
of information submitted by an individual who has requested redress on
behalf of another individual.
P. To the Department of State when it 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.
Q. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/ICE stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may also be stored on magnetic disc, tape, digital media, and CD-ROM.
Records covered by this system of records notice may reside on the same
on-premise servers or in a FedRAMP authorized cloud computing
environment.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
ICE may retrieve records by any of the personal identifier's stored
in the system including individual's name, Social Security number, ICE
case number, biometric identification or algorithm (e.g., facial
recognition, fingerprint, voice recognition), warrant number, or
vehicle, vessel (e.g., marine), or aircraft number. Records may also be
retrieved by non-personal information such as search, arrest, and
seizure observation device (e.g., camera identification number), serial
number/footage and date, description and value of goods or currency
seized, encounter date and details, location (e.g., jurisdiction or
hideout coordinates), and other information.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The retention period for information contained in search, arrest,
and seizure systems varies depending on the type of data. Biometric and
biographical records are maintained for seventy-five (75) years in
accordance with DHS schedule DA-0563-2013-0001-0006. Investigative case
files are retained for twenty years (20) years after the case closure
in accordance with N1-36-86-1-161.3 (inv 7B) and Neutrality/Munitions
Investigative case files, which are permanent records, in accordance
with N1-36-86-1-162.38. Evidentiary recordings are retained in
accordance with the applicable ICE retention schedule--this is
contingent on the information that is captured in the recording. For
example, if the recording captures a use of force incident, it will be
retained in accordance with DAA-0567-2015-0008-0001 for 45 years. Non-
evidentiary video and audio recordings and associated identification
information are retained for sixty (60) days in accordance with DAA-
0567-2021-0001-0001. Disposal of paper files occurs by burning or
shredding; electronic data is disposed of using methods approved by the
DHS Chief Information Security Officer.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
ICE safeguards records in this system according to applicable rules
and policies, including all applicable DHS automated system security
access policies. ICE has imposed strict controls 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. For any records covered by this system of
records notice that reside in a cloud computing environment, those
environments will have undergone a robust FedRAMP authorization process
to validate strict controls are employed to protect the
confidentiality, integrity, and availability of the records.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, 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 access to, and notification of any record contained in this
system of records, or seeking to contest its content, may submit a
request in writing to the DHS Chief Privacy Officer and the ICE FOIA
Officer, whose contact information can be found at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a>. 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 and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington,
DC 20528-0655. Certain records about an individual may be available
under the Freedom of Information Act if they are not available under
the Privacy Act or the Judicial Redress Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's 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, an individual may obtain forms for this
purpose from the Chief Privacy Officer and Chief Freedom of Information
Act Officer, <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> or 1-866-431-0486. In addition,
the individual should:
<bullet> Explain why he or she believes the Department would have
information being requested;
<bullet> Identify which component(s) of the Department he or she
believes may have the information;
<bullet> Specify when the individual believes the records would
have been created; and
<bullet> Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose
[[Page 34293]]
record is being requested, authorizing the release to the requester.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered Judicial Redress
Act records, individuals may make a request for amendment or correction
of a record by writing directly to the Department component that
maintains the record, unless the record is not subject to amendment or
correction. The request should identify each record in question, state
the amendment or correction desired, and state why the individual
believes that the record is not accurate, relevant, timely, or
complete. The individual may submit any documentation that would be
helpful. If the individual believes that the same record is in more
than one system of records, the request should state that and be
addressed to each component that maintains a system of records
containing the record. See ``Record Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), and (e)(4)(H), (e)(5), and (e)(8); (f); and (g).
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system from the following provisions of
the Privacy Act, subject to the limitations set forth in those
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
and (f). In addition, to the extent a record contains information from
other exempt systems of records, ICE will rely on the exemptions
claimed for those original systems.
HISTORY:
73 FR 74732 (December 9, 2008).
* * * * *
Roman Jankowski,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2025-13609 Filed 7-18-25; 8:45 am]
BILLING CODE 9111-28-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.