Privacy Act of 1974; Systems of Records
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Issuing agencies
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 develop a new system of records notice titled "Fraud and Abuse Prevention Program Records," and numbered JUSTICE/EOIR-006. This system of records assists the EOIR Fraud and Abuse Prevention Program (Fraud Program) in receiving, tracking, and managing complaints of suspected immigration fraud, abuse, and unauthorized practice of immigration law, and in referring complaints to Federal, state, and local law enforcement and disciplinary authorities when appropriate. Fraud Program records were previously included within a different system of records, JUSTICE/EOIR-001. See 69 FR 16179 (May 11, 2004). However, JUSTICE/EOIR-001 was recently modified and now only partially covers Fraud Program records. See JUSTICE/EOIR-001, Adjudication and Appeal Records of the Office of the Chief Immigration Judge and Board of Immigration Appeals, 90 FR 42265 (Aug. 29, 2025). Accordingly, EOIR proposes to establish a new system of records encompassing all Fraud Program records.
Full Text
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<title>Federal Register, Volume 91 Issue 198 (Thursday, October 15, 2026)</title>
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[Federal Register Volume 91, Number 198 (Thursday, October 15, 2026)]
[Notices]
[Pages 65602-65605]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21062]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 013-2026]
Privacy Act of 1974; Systems of Records
AGENCY: Executive Office for Immigration Review, United States
Department of Justice.
ACTION: Notice of a new 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
develop a new system of records notice titled ``Fraud and Abuse
Prevention Program Records,'' and numbered JUSTICE/EOIR-006. This
system of records assists the EOIR Fraud and Abuse Prevention Program
(Fraud Program) in receiving, tracking, and managing complaints of
suspected immigration fraud, abuse, and unauthorized practice of
immigration law, and in referring complaints to Federal, state, and
local law enforcement and disciplinary authorities when appropriate.
Fraud Program records were previously included within a different
system of records, JUSTICE/EOIR-001. See 69 FR 16179 (May 11, 2004).
However, JUSTICE/EOIR-001 was recently modified and now only partially
covers Fraud Program records. See JUSTICE/EOIR-001, Adjudication and
Appeal Records of the Office of the Chief Immigration Judge and Board
of Immigration Appeals, 90 FR 42265 (Aug. 29, 2025). Accordingly, EOIR
proposes to establish a new system of records encompassing all Fraud
Program records.
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. Routine uses will become
effective after the 30-day comment period. Please submit any comments
by November 16, 2026.
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 (2CON), 145 N Street NE, Suite 8W.300, Washington, DC 20530; by
facsimile at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#6717150e1106041e4904080a170b0e0609040227121403080d49000811"><span class="__cf_email__" data-cfemail="4636342f3027253f6825292b362a2f2728252306333522292c68212930">[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; Executive Office
for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church,
VA 22041; <a href="/cdn-cgi/l/email-protection#d298a7a1a6bbbcb7fc94a7b5b392a7a1b6bdb8fcb5bda4"><span class="__cf_email__" data-cfemail="c68cb3b5b2afa8a3e880b3a1a786b3b5a2a9ace8a1a9b0">[email protected]</span></a>; <a href="/cdn-cgi/l/email-protection#efaaa0a6bdc1bf9d86998e8c96c1a6819b8e848aaf9a9c8b8085c1888099"><span class="__cf_email__" data-cfemail="eca9a3a5bec2bc9e859a8d8f95c2a582988d8789ac999f888386c28b839a">[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.
Individuals and aliens who are subjects of EOIR immigration proceedings
may be represented by counsel.
Within EOIR's Office of the General Counsel (OGC), under the
supervision of a designated anti-fraud officer, the Fraud and Abuse
Prevention Program (Fraud Program) investigates complaints of
immigration fraud, immigration scams, and the unauthorized practice of
immigration law within EOIR proceedings. The Fraud Program refers
complaints of fraud to appropriate law enforcement and disciplinary
authorities; and it provides training for EOIR personnel, outreach
materials, and education for the public on these issues. See 8 CFR
1003.0(f)(2).
The anti-fraud officer serves as a point of contact relating to
concerns about possible fraud involving EOIR proceedings, particularly
with respect to matters relating to fraudulent applications or
documents affecting multiple removal proceedings, applications for
relief from removal, appeals, or other proceedings before EOIR. 8 CFR
1003.0(f)(2)(i). The Fraud Program coordinates with investigative
authorities of the Department of Justice, Department of Homeland
Security, and other appropriate agencies with respect to the
identification of and response to reported fraud. 8 CFR
1003.0(f)(2)(ii). The Fraud Program also collaborates with the EOIR
disciplinary counsel and with other appropriate authorities with
[[Page 65603]]
respect to instances of fraud, misrepresentation, or abuse pertaining
to an attorney or accredited representative providing representation to
clients in EOIR immigration proceedings. 8 CFR 1003.0(f)(2)(iii).
This system of records is used by the Fraud Program in connection
with its work receiving, tracking, managing, investigating, and
responding to reports of suspected immigration fraud, abuse, and
unauthorized practice of immigration law, and referring complaints to
Federal, state, local, territorial, or tribal law enforcement and
disciplinary authorities when appropriate. The system consists
primarily of electronic records. Records received in hard copy are
digitized and the hard copies are disposed of following quality control
checks of the digital copies, in accordance with authorized agency
records information management practices. Records are stored on the DOJ
EOIR Microsoft Azure Cloud in agency shared drives and disposed of in
accordance with applicable record retention schedules. As such, EOIR
has prepared this system of records notice to account for the changes
to JUSTICE/EOIR-001, resulting in the need for a system of records
specific to the Fraud Program system of records.
Finally, pursuant to 5 U.S.C. 552a(k)(2), EOIR claims that
information in this system is exempt from 5 U.S.C. 552a(c) and (d).
Rules will be promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c), and (e) and will be published and codified in the
Federal Register at 28 CFR 16.83.
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: October 5, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/EOIR-006
SYSTEM NAME AND NUMBER:
Fraud and Abuse Prevention Program Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Executive Office for Immigration Review, Department of Justice,
5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
Electronic records are maintained and stored in network drives hosted
on the DOJ EOIR Microsoft Azure Cloud.
SYSTEM MANAGER(S):
General Counsel, Office of the General Counsel, Executive Office
for Immigration Review, 5107 Leesburg Pike, Suite 2600, 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. 1101, 1103, 1154, 1158-59, 1229a, 1255, 1255a, 1324a,
1324b, 1324c, 1362; 8 CFR parts 1001 and 1003; 8 CFR 1003.0,
1003.1(d)(2)(iii), 1003.1(d)(5), 1003.101-.111, 1292.1, 1292.3,
1292.19, 292.3; 28 CFR 68.33, 68.35, 68.36; Presidential Memorandum for
the Attorney General and the Secretary of Homeland Security on
Preventing Abuses of the Legal System and the Federal Court (Mar. 22,
2025); EOIR Policy Memorandum (PM) 25-19 (Amended), EOIR's Anti-Fraud
Program (Feb. 5, 2025); EOIR PM 19-07, Identifying and Reporting Fraud
and Abuse (Dec. 19, 2018); EOIR PM 19-06, Internal Reporting of
Suspected Ineffective Assistance of Counsel and Professional Misconduct
(Dec. 18, 2018).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain records of the Fraud
Program in connection with its work receiving, tracking, managing,
investigating, and responding to reports of suspected immigration
fraud, abuse, and unauthorized practice of immigration law, and
referring complaints to law enforcement and disciplinary authorities
when appropriate. The records in the system are also used to generate
statistical reports, informational materials for public awareness
concerning immigration fraud issues, and internal materials to train
EOIR personnel in identifying and reporting suspected fraud.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system includes records pertaining to complainants, witnesses,
and subjects of investigations of alleged fraud; EOIR adjudicators and
personnel reporting, observing, or investigating alleged fraud;
individuals who are subjects of EOIR immigration proceedings;
attorneys, representatives, and organizations practicing before EOIR
adjudicators; and law enforcement and disciplinary authorities to which
the Fraud Program refers complaints.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system includes the following categories of electronic records:
Fraud Program case files, related data, and education and training
materials.
Fraud Program case files consist of: complaints of fraud, including
the complainant's contact information; evidentiary records submitted
with complaints or collected during the course of investigating and
substantiating complaints, including copies of relevant portions of
official records of immigration proceedings and digital audio
recordings of immigration hearings; correspondence, witnesses
statements, memoranda, and notes collected or created in the course of
investigating and substantiating complaints; correspondence with law
enforcement and disciplinary authorities to which a complaint may be
referred.
Fraud Program data contained in the records in this system consists
of: complaints, including case number and status; the date a complaint
or case was reported or closed; names and contact information of
complainants, witnesses, subjects, and law enforcement or disciplinary
authorities; and date of birth, age, sex, and physical descriptors of
the complainants, witnesses, or subjects, as well as their alien
registration number (A-number), and/or EOIR ID numbers. Fraud Program
data is used to generate statistical reports.
This system includes general educational materials, including the
Fraud Program Newsletter, created by the Fraud Program for purposes of
informing and raising internal and/or public awareness concerning
immigration-related fraud issues. The system also includes internal
training materials and presentations developed by the Fraud Program to
train EOIR personnel on identifying and reporting suspected fraud.
RECORD SOURCE CATEGORIES:
Records in this system are generated or provided by members of the
public; EOIR personnel; and law enforcement or disciplinary
authorities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records 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 in the record was collected:
(1) To the Department of Homeland Security (DHS), including but not
[[Page 65604]]
limited to the Disciplinary Counsel(s) for the U.S. Citizenship and
Immigration Services (USCIS), Homeland Security Investigations, and
Fraud Detection and National Security Directorate, to investigate and
respond to complaints of fraud;
(2) To Federal agencies, including but not limited to the Federal
Trade Commission and DHS, 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.
(3) 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--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.
(4) 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, such as to assist EOIR in
evaluating and substantiating claims of immigration-related fraud or
abuse or unauthorized practice of immigration law.
(5) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department or an
adjudicator determines that the records are relevant to the proceeding;
or when the records are relevant to a proceeding and the DOJ or any
subcomponent thereof is authorized to appear in it; or when any of the
following is a party to litigation or has an interest in litigation:
DOJ or any components thereof; any DOJ employee in his or her official
capacity; any DOJ employee in his or her individual capacity where DOJ
has agreed to represent the employee; or the United States where DOJ or
any component thereof determines that litigation is likely to affect it
or any of its subdivisions.
(6) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or in
connection with settlement, plea bargaining, or discovery proceedings,
whether formal or informal.
(7) 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.
(8) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the agency, when necessary to
accomplish an agency function related to this system of records.
(9) 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 necessary to the
recipient agency's decision.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) To any Federal Office of the Inspector General, or similar
publicly identified official of a federal agency who has the official
mission and duty to detect and deter waste (the squandering of money or
resources even if not explicitly illegal), fraud (the attempt to obtain
something of value through willful misrepresentation), and abuse
(behaving improperly or unreasonably, or misusing one's position or
authority), as necessary for the purpose of identification and
elimination of such waste, fraud, and abuse related to Federal
programs, employees, contractors, grantees, inmates, or beneficiaries.
(18) 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:
All electronic records in this system are stored in electronic
media via a configuration of government servers and in accordance with
Federal and Department information security standards. Records received
in hard
[[Page 65605]]
copy are digitized. Digitized copies undergo quality control checks to
confirm the digitization of the records was complete and accurate
before the original hard copy is disposed of in accordance with
authorized agency record information management practices. Records in
this system are maintained in accordance with applicable laws, rules,
and policies on protecting individual privacy and operating in a
Federal Risk and Authorization Management Program (FedRAMP) certified
cloud-storage environment. Stored records are organized by complainant
name, complaint or case number, complaint or case type and date,
complaint or case status, and/or the name of the subject of the
complaint or case.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by complainant name, complaint or case
type, complaint or case numbers, date the complaint or case was
reported or closed, and/or the name of the subject of the complaint or
case. Records may only be retrieved by authorized DOJ personnel on a
need-to-know basis.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with EOIR Agency Records Control
Schedule DAA-0582-2017-0001. The Immigration Fraud and Abuse Prevention
Program Case Files and Data are temporary records retained for 15 years
after cutoff (DAA-0582-2017-0001-0001 and DAA-0582-2017-0001-0002). The
Fraud and Abuse Prevention Program Newsletters are temporary records
disposed of 5 years after cutoff (DAA-0582-2017-0001-0003). The Fraud
and Abuse Prevention Working Files are temporary records with a
retention period of 3 years after cutoff (DAA-0582-2017-0001-0004).
Fraud Program Items Closed without Action are temporary records
retained for 3 years after cutoff (DAA-0582-2017-0001-0005).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable laws, rules, and policies that protect individual privacy,
including automated system security and access policies of EOIR and the
Department. Access to records is limited to Department personnel who
have an official need for access in order to perform their duties.
Electronic records are maintained and backed up on secure servers and
networks that may only be accessed by authorized personnel. Physical
records are stored in locked filing cabinets or locked offices until
they are digitized and disposed of, as described above. Access to
records 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:
All requests for access to records must be made in writing and
include a general description of the records sought and identifying
information about the record subject, 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
EOIR's Freedom of Information Act (FOIA) Service Center at 5107
Leesburg Pike, Suite 2600, Falls Church, VA 22041, by email at
<a href="/cdn-cgi/l/email-protection#62272d2b304c242d2b233007131707111611221711060d084c050d14"><span class="__cf_email__" data-cfemail="99dcd6d0cbb7dfd6d0d8cbfce8ecfceaedead9eceafdf6f3b7fef6ef">[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, individuals may use 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 EOIR's procedures for accessing records
is available at <a href="https://www.justice.gov/eoir/freedom-information-act-foia">https://www.justice.gov/eoir/freedom-information-act-foia</a>. General information about the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Access to and Amendment of Individual Records
Pursuant to the Privacy Act of 1974, and Other Privacy Protections.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in the
system should direct their requests to EOIR at 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. For general 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, ``Privacy
Act Requests for Amendment or Correction.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertaining to them is requested via the procedures identified in the
``RECORD ACCESS PROCEDURES'' paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Attorney General has exempted
certain records of this system from subsections 5 U.S.C. 552a(c) and
(d) of the Privacy Act. Rules will be promulgated in accordance with
the requirements of 5 U.S.C. 553(b), (c), and (e) and will be published
and codified in the Federal Register at 28 CFR 16.83.
HISTORY:
None.
[FR Doc. 2026-21062 Filed 10-14-26; 8:45 am]
BILLING CODE 4410-30-P
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</html>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.