Notice2025-23472
Privacy Act of 1974; Systems of Records
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Published
December 19, 2025
Issuing agencies
Justice Department
Abstract
Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, 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 develop a new system of records titled "Pro Bono List Program Records," and numbered JUSTICE/EOIR-005. EOIR proposes to establish this system of records to track and manage information and documents related to the List of Pro Bono Legal Service Providers (the List), as well as administration of the underlying application process for organizations, pro bono referral services, and attorneys to be included on the List. The system integrates an electronic information system to manage the records more efficiently, simplify the application process for providers through an online web- based Pro Bono List User Portal, allow providers to update their own contact information in the List, and streamline communications between EOIR, legal service providers, and the public.
Full Text
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<title>Federal Register, Volume 90 Issue 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59585-59588]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23472]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 05-2025]
Privacy Act of 1974; Systems of Records
AGENCY: Executive Office for Immigration Review, United States
Department of Justice
ACTION: Notice of a system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, 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 develop a new system of records titled ``Pro
Bono List Program Records,'' and numbered JUSTICE/EOIR-005. EOIR
proposes to establish this system of records to track and manage
information and documents related to the List of Pro Bono Legal Service
Providers (the List), as well as administration of the underlying
application process for organizations, pro bono referral services, and
attorneys to be included on the List. The system integrates an
electronic information system to manage the records more efficiently,
simplify the application process for providers through an online web-
based Pro Bono List User Portal, allow providers to update their own
contact information in the List, and streamline communications between
EOIR, legal service providers, and the public.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Therefore, please submit
any comments by January 20, 2026.
ADDRESSES: The public, Office of Management and Budget (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#b7c7c5dec1d6d4ce99d4d8dac7dbded6d9d4d2f7c2c4d3d8dd99d0d8c1"><span class="__cf_email__" data-cfemail="87f7f5eef1e6e4fea9e4e8eaf7ebeee6e9e4e2c7f2f4e3e8eda9e0e8f1">[email protected]</span></a>. To ensure proper handling, please
reference the above CPCLO Order No. on your correspondence.
FOR FURTHER INFORMATION CONTACT: Justine Fuga, Senior Component
Official for Privacy, Office of the General Counsel; by mail at
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, VA 22041; or by email at <a href="/cdn-cgi/l/email-protection#c389b6b0b7aaada6ed85b6a4a283b6b0a7aca9eda4acb5"><span class="__cf_email__" data-cfemail="81cbf4f2f5e8efe4afc7f4e6e0c1f4f2e5eeebafe6eef7">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#02474d4b502c52706b7463617b2c4b6c76636967427771666d682c656d74"><span class="__cf_email__" data-cfemail="c88d87819ae698baa1bea9abb1e681a6bca9a3ad88bdbbaca7a2e6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The primary mission of EOIR is to adjudicate
immigration cases by fairly, expeditiously, and uniformly interpreting
and administering the Nation's immigration laws. Under delegated
authority from the Attorney General, EOIR conducts immigration court
proceedings, appellate reviews, and administrative hearings.
EOIR is required under 8 U.S.C. 1158(d)(4) and 1229(b)(2) to
maintain a list of pro bono legal service providers who are available
to represent individuals who are placed in immigration proceedings
before EOIR and the Department of Homeland Security (DHS). The EOIR
Office of Policy maintains the List, which must be updated on a
quarterly basis. 8 U.S.C. 1158(d)(4), 1229(b)(2). The List is provided
to individuals in immigration proceedings and contains information on
non-profit organizations and attorneys who have committed to providing
at least 50 hours per year of pro bono legal services before the
immigration court with respect to which they appear on the List. The
List also contains information on pro bono referral services that refer
individuals in immigration court proceedings to pro bono counsel. The
rules for qualifying organizations, pro bono referral services, and
attorneys to be placed on the List can be found at 8 CFR 1003.61 et
seq.
EOIR uses an electronic information system to manage records
related to the List more efficiently; simplify the application process
for providers through the external-facing web-based Pro Bono List User
Portal; allow providers to update to their own contact
[[Page 59586]]
information through the User Portal; and streamline communications
between EOIR, providers, and the public. EOIR distributes copies of the
List to its immigration courts and to DHS and posts the List on its
public website, available at <a href="https://www.justice.gov/eoir/list-pro-bono-legal-service-providers">https://www.justice.gov/eoir/list-pro-bono-legal-service-providers</a>.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this new system of records.
Dated: December 17, 2025.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/EOIR-005
SYSTEM NAME AND NUMBER:
Pro Bono List Program Records, EOIR-005
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Policy, Executive Office for Immigration Review, 5107
Leesburg Pike, Suite 2500, Falls Church, VA 22041. Electronic records
are maintained in EOIR's electronic information system, the Pro Bono
List Microsoft Dynamics System, and stored in the DOJ EOIR Microsoft
Azure Cloud.
SYSTEM MANAGER(S):
Assistant Director, Office of Policy, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 2500, Falls Church, VA
22041.
Chief Information Officer, Office of Information Technology,
Executive Office for Immigration Review, 4825 Mark Center Drive, Suite
200, Alexandria, VA 22311.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1158(d)(4)(B), 1229(a)(1)(E)(ii), and 1229(b)(2); 8 CFR
1003.61-.66, 1240.10(a)(2), 1240.11(c)(1)(iii), 1240.32(a), 1240.48(a),
and 1241.14 (g)(3)(i).
PURPOSE(S) OF THE SYSTEM:
The records are used to comply with the statutes and regulations
requiring EOIR to provide a List of Pro Bono Legal Service Providers
(List) to individuals in immigration proceedings. The records are used
by EOIR to administer the application and renewal process for
organizations, attorneys, and representatives to be included on the
List; to generate, maintain, and update the List quarterly; to publicly
disseminate the List; and to evaluate the impact of the Pro Bono List
Program on EOIR's mission and operations and on the public. EOIR
distributes copies of the List to its immigration courts and to DHS and
posts the List on its public-facing website, available at <a href="https://www.justice.gov/eoir/list-pro-bono-legal-service-providers">https://www.justice.gov/eoir/list-pro-bono-legal-service-providers</a>.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system includes information pertaining to licensed attorneys,
non-profit organizations, accredited representatives employed by
recognized organizations, and pro bono referral services who are
applying to be included on the List, who are on the list, or who have
been removed from the List, as well as individuals in immigration
removal proceedings who received pro bono legal services as reported by
the attorneys, representatives, organizations, and referral services on
the List in accordance with 8 CFR 1003.61 et seq. The system also
includes information pertaining to members of the public who submit
comments or complaints about applicants or listed providers.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include the quarterly Lists, application
packages, and application files. Application packages include initial
and renewal applications from those organizations and individuals who
are applying to be included on the List, or who are on the List, or who
have been removed from the List. Application packages consist of the
following types of records and collections of information: Form EOIR-
56, Request to be Included on the List of Pro Bono Legal Service
Providers for Individuals in Immigration Proceedings (OMB No. 1125-
0015), or documentation functionally equivalent to the Form EOIR-56;
names; EOIR ID numbers; contact information; pro bono service areas;
specialties or restrictions on services provided; declarations
regarding an applicant's or provider's List eligibility; alien
registration numbers and dates and hours of service provided for
clients in immigration proceedings as reported by the applicant or
provider in accordance with 8 CFR 1003.61 et seq. The records in this
system also include application files, which include the application
package and the following records: correspondence between EOIR and
applicants or providers; written determinations and notices from EOIR
approving or denying applications to be on the List or removing
providers from the List, and any written responses from an applicant or
provider about such determinations; and comments and complaints
received from members of the public about applications, applicants, and
providers.
RECORD SOURCE CATEGORIES:
Records and information in this system are generated or provided by
applicants and providers, members of the public, and EOIR personnel.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures permitted under 5 U.S.C. 522a(b)
of the Privacy Act, all or a portion of the records or information
contained in this system 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) To individuals in immigration proceedings in order to provide
the individual with a list of persons and organizations, updated not
less than quarterly, who have indicated their availability to represent
individuals in immigration proceedings on a pro bono basis or who offer
referral services to pro bono representatives;
(2) To members of the public for public awareness and in order to
provide an opportunity to review copies of applications and forward
comments or recommendations for approval or disapproval and to submit
complaints about particular providers on the List;
(3) To contacts or clients listed on applications for the purpose
of evaluating and verifying the applicant's or provider's data and
claimed eligibility for initial or continued inclusion on the List;
(4) To the Department of Homeland Security (DHS) as necessary to
comply with its statutory obligation to provide information about the
availability of pro bono legal services for applicants seeking asylum
and related relief.
(5) 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, expeditiously, and uniformly
interpreting and administering the Nation's immigration laws.
(6) 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
[[Page 59587]]
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.
(7) To any person or entity that EOIR has reason to believe
possesses information regarding a matter within the jurisdiction of
EOIR, to the extent deemed to be necessary by EOIR in order to elicit
such information or cooperation from the recipient for use in the
performance of an authorized activity.
(8) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department determines
that the records are arguably relevant to the proceeding; or in an
appropriate proceeding before an administrative or adjudicative body
when the adjudicator determines the records to be relevant to the
proceeding.
(9) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or informal discovery
proceedings.
(10) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(11) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government, when
necessary to accomplish an agency function related to this system of
records.
(12) 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.
(13) 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.
(14) To a former employee of the Department for purposes of:
responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority; in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
(15) 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.
(16) 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.
(17) To the National Archives and Records Administration (NARA) for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(18) To appropriate agencies, entities, and persons when (i) the
Department suspects or has confirmed that there has been a breach of
the system of records; (ii) 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 (iii) 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.
(19) 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 (i)
responding to a suspected or confirmed breach, or (ii) 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.
(20) To any agency, organization, or individual, such as the
Government Accountability Office, the Department's Office of the
Inspector General, or the Office of Special Counsel, for the purpose of
performing authorized audit or oversight operations of EOIR, including
those related to fraud, waste, and abuse, and meeting related reporting
requirements.
(21) To such recipients and under such circumstances and procedures
as are mandated by federal statute, regulation, or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Physical records are maintained in hard-copy, paper format in
secure filing cabinets, office spaces, and storage locations.
Electronic records and data are stored in electronic media via a
configuration of government servers and in accordance with Federal and
Department information security standards. Information in this system
is maintained in accordance with applicable laws, rules, and policies
on protecting individual privacy and operating in a FedRAMP certified
cloud-storage environment. Stored records are organized by applicant or
provider name and immigration court location at which the provider has
been approved to provide pro bono legal services.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records may be retrieved by the name of the applicant or
provider, by the unique number assigned to the applicant or provider by
the Pro Bono List Microsoft Dynamics System, or by the immigration
court location(s) where the provider has been approved to provide pro
bono legal services.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this system are subject to the Pro Bono
Representative Files records schedule (DAA-0582-2016-0001). All records
in this system are temporary records. The quarterly Lists are cutoff
each quarter, maintained until the end of the calendar year, and
destroyed 4 years thereafter (DAA-0582-2016-0001-0001). Application
files are cutoff at the end of the calendar year in which the applicant
or provider was removed from the list or in which the applicant was
rejected or disapproved, transferred to inactive status one year after
cutoff, and destroyed three years after the cutoff date (DAA-0582-2016-
0001-0002 and -0003).
[[Page 59588]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
appropriate laws, rules, and policies, including automated systems
security and access policies of EOIR and the Department. Access to
information is limited to Department personnel who have an official
need for access in order to perform their duties. Physical records are
maintained in restricted areas of secured facilities. Electronic
records are maintained and backed-up on secure servers and networks
that may only be accessed by authorized personnel. Access to certain
information may be restricted depending on a user's role and
responsibility within the system. Internet connections are protected by
multiple firewalls. Security personnel conduct periodic vulnerability
scans using DOJ-approved software to ensure security compliance, and
security logs are enabled for all computers to assist in
troubleshooting and forensics analysis during incident investigations.
Users of individual computers can only gain access to the data by
authorized user identification and authentication processes. Records
are safeguarded in accordance with appropriate laws, rules, and
policies based on the classification and handling restrictions of the
record.
RECORD ACCESS PROCEDURES:
Applicants and providers may access their own application packages
and determinations in the Pro Bono List User Portal.
All other requests for access to records in this system must be
made in writing and include a general description of the records sought
and information about the subject of the record, including but not
limited to, the record subject's full name, date of birth, place of
birth, and alien registration number (A-number), where applicable. See
28 CFR 16.41; 28 CFR part 16 Appendix I. If the A-number is not known,
or the case occurred before 1988, the date of an Order to Show Cause,
country of origin, and location of the immigration hearing must be
provided. See 28 CFR part 16 Appendix I.
All requests for access to records may be submitted by mail to the
EOIR FOIA Service Center at 5107 Leesburg Pike, Suite 2600, Falls
Church, VA 22041, by email at <a href="/cdn-cgi/l/email-protection#93d6dcdac1bdd5dcdad2c1f6e2e6f6e0e7e0d3e6e0f7fcf9bdf4fce5"><span class="__cf_email__" data-cfemail="92d7dddbc0bcd4dddbd3c0f7e3e7f7e1e6e1d2e7e1f6fdf8bcf5fde4">[email protected]</span></a>, or online
through the EOIR FOIA Public Access Link, available at <a href="https://foia.eoir.justice.gov/app/Home.aspx">https://foia.eoir.justice.gov/app/Home.aspx</a>. Additional information for
submitting requests to the FOIA Service Center can be found at <a href="https://www.justice.gov/eoir/foia-submit-a-request">https://www.justice.gov/eoir/foia-submit-a-request</a>. The envelope and letter or
email subject 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 should include a general description of the records
sought and must include the requester's full name, current address, and
date and place 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, <a href="https://www.justice.gov/eoir/page/file/1380121/download">https://www.justice.gov/eoir/page/file/1380121/download</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:
Individuals seeking to contest or amend information maintained in
this system of records must direct their requests to the address
indicated in the ``RECORD ACCESS PROCEDURES'' paragraph above. All
requests to contest or amend records must be in writing and the
envelope, letter, or email subject should be clearly marked ``Privacy
Act Amendment Request.'' All requests must state clearly and concisely
what record is being contested, the reasons for contesting it, and the
proposed amendment to the record. More information regarding the
Department's procedures for amending or contesting records in
accordance with the Privacy Act can be found at 28 CFR 16.46,
``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individual requests such information
utilizing the same procedures as those identified in the ``RECORD
ACCESS PROCEDURES'' paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2025-23472 Filed 12-18-25; 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.