Privacy Act of 1974; Implementation

Issuing agencies

Abstract

In the Notice section of today's Federal Register, the Executive Office for Immigration Review (EOIR), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records titled "Fraud and Abuse Prevention Program Records" and numbered JUSTICE/EOIR-006. This system of records is exempt from U.S.C. 552a(c)(3) and (d) pursuant to 5 U.S.C. 552a (k)(2). EOIR proposes to exempt this system of records from certain provisions of the Privacy Act in order to protect law enforcement sensitive materials maintained in the system. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by exempting records in this system from certain provisions of the Privacy Act. Public comment is invited.

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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)]
[Proposed Rules]
[Pages 65512-65515]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21063]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 014-2026]


Privacy Act of 1974; Implementation

AGENCY: Executive Office for Immigration Review, United States 
Department of Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In the Notice section of today's Federal Register, the 
Executive Office for Immigration Review (EOIR), a component within the 
United States Department of Justice (DOJ or Department), has published 
a notice of a new system of records titled ``Fraud and Abuse Prevention 
Program Records'' and numbered JUSTICE/EOIR-006. This system of records 
is exempt from U.S.C. 552a(c)(3) and (d) pursuant to 5 U.S.C. 552a 
(k)(2). EOIR proposes to exempt this system of records from certain 
provisions of the Privacy Act in order to protect law enforcement 
sensitive materials maintained in the system. For the reasons provided 
below, the Department proposes to amend its Privacy Act regulations by 
exempting records in this system from certain provisions of the Privacy 
Act. Public comment is invited.

DATES: Comments must be received by November 16, 2026.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#cdbdbfa4bbacaeb4e3aea2a0bda1a4aca3aea88db8bea9a2a7e3aaa2bb"><span class="__cf_email__" data-cfemail="e191938897808298cf828e8c918d88808f8284a19492858e8bcf868e97">[email&#160;protected]</span></a>. To ensure proper 
handling, please reference the CPCLO Order No. in the subject line of 
the message.
    <bullet> Fax: 202-307-0693.
    <bullet> Mail: 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. All comments 
sent via regular or express mail will be considered timely if 
postmarked on the day the comment period closes. To ensure proper 
handling, please reference the CPCLO Order No. in your correspondence.
    <bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
When submitting comments electronically, you must include the CPCLO 
Order No. in the subject box. Please note that the Department is 
requesting that electronic comments be submitted before midnight 
Eastern Daylight Savings Time on the day the comment period closes 
because <a href="http://www.regulations.gov">http://www.regulations.gov</a> terminates the public's ability to 
submit comments at that time. Commenters in time zones other than 
Eastern Time may want to consider this so that their electronic 
comments are received.

[[Page 65513]]

    Posting of Public Comments: Please note that all comments received 
are considered part of the public record and made available for public 
inspection online at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and in the Department's 
public docket. Such information includes personally identifying 
information (such as your name, address, etc.) voluntarily submitted by 
the commenter. If you want to submit personal identifying information 
(such as your name, address, etc.) as part of your comment, but do not 
want it to be posted online or made available in the public docket, you 
must include the phrase ``PERSONAL IDENTIFYING INFORMATION'' in the 
first paragraph of your comment. You must also place all personal 
identifying information that you do not want posted online or made 
available in the public docket in the first paragraph of your comment 
and identify what information you want redacted.
    If you want to submit confidential business information as part of 
your comment, but do not want it to be posted online or made available 
in the public docket, you must include the phrase ``CONFIDENTIAL 
BUSINESS INFORMATION'' in the first paragraph of your comment. You must 
also prominently identify confidential business information to be 
redacted within the comment. If a comment has so much confidential 
business information that it cannot be effectively redacted, all or 
part of that comment may not be posted online or made available in the 
public docket.
    Personal identifying information and confidential business 
information identified and located as set forth above will be redacted 
and the comment, in redacted form, may be posted online and placed in 
the Department's public docket file. Please note that the Freedom of 
Information Act applies to all comments received. If you wish to 
inspect the agency's public docket file in person by appointment, 
please see the FOR FURTHER INFORMATION CONTACT paragraph, below.

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#0a407f797e63646f244c7f6d6b4a7f796e6560246d657c"><span class="__cf_email__" data-cfemail="95dfe0e6e1fcfbf0bbd3e0f2f4d5e0e6f1faffbbf2fae3">[email&#160;protected]</span></a>; <a href="/cdn-cgi/l/email-protection#d0959f9982fe80a2b9a6b1b3a9fe99bea4b1bbb590a5a3b4bfbafeb7bfa6"><span class="__cf_email__" data-cfemail="4b0e040219651b39223d2a28326502253f2a202e0b3e382f2421652c243d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    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 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 
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).
    The Fraud Program maintains a system of records in connection with 
its work receiving, tracking, managing, investigating, and responding 
to reports of suspected immigration fraud, abuse, and unauthorized 
practice of immigration law. The Fraud Program refers complaints to 
appropriate Federal, state, local, territorial, or tribal law 
enforcement and disciplinary authorities for further investigation into 
potential violations of civil and/or criminal law. When referring 
complaints, the Fraud Program will provide authorities with copies of 
records maintained in the system. The records include information 
pertaining to complainants, witnesses, and subjects of investigations 
of alleged fraud and individuals (EOIR adjudicators or personnel, or 
members of the public) reporting or observing alleged fraud. Such 
records contain law enforcement sensitive information and are properly 
exempt from various provisions of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(2).

II. Privacy Act Exemptions

    The Privacy Act allows Federal agencies to exempt eligible records 
in a system of records from certain provisions of the Act, including 
those that provide individuals with a right to request access to and 
amendment of records about the individual. If an agency intends to 
exempt a particular system of records, it must first issue a rulemaking 
pursuant to 5 U.S.C. 553(b)(1)-(3), (c), and (e).
    The Department proposes to modify 28 CFR part 16 to amend the 
Privacy Act exemptions for the new system of records, Fraud and Abuse 
Prevention Program Records, JUSTICE/EOIR-006. Specifically, in section 
16.83, the Department proposes to add paragraph (g) claiming certain 
records within the new system of records are exempt from 5 U.S.C. 
552a(c)(3) and (d) and (2) pursuant to 5 U.S.C. 552a(k)(2). The 
exemption is justified because access to or an accounting for 
disclosures of records contained in this system of records could inform 
the subject of the investigation of an actual or potential criminal, 
civil, or regulatory violation or the existence of that investigation; 
of the nature and scope of the information and evidence obtained by the 
investigation as to the subject's activities; of the identity of 
confidential sources, witnesses, and law enforcement personnel; and of 
information that may enable the subject to avoid detection or 
apprehension. These factors would present a serious impediment to 
effective law and regulatory enforcement where they prevent the 
successful completion of the investigation; endanger the physical 
safety of confidential sources, witnesses, and law enforcement 
personnel; and/or lead to the improper influencing of witnesses, the 
destruction of evidence, or the fabrication of testimony.
    These exemptions apply only to the extent that information in this 
system of records is subject to exemption pursuant to 5 U.S.C. 552a 
(k)(2). To the extent that information in a record pertaining to an 
individual does not relate to official Federal investigations and/or 
law enforcement matters, the exemption does not apply. In addition, 
where compliance would not appear to interfere with or adversely affect 
the overall law or regulatory enforcement process, the applicable 
exemption may be waived by EOIR.

[[Page 65514]]

Executive Orders 12866 and 13563--Regulatory Review

    In accordance with 5 U.S.C. 552a(k), this proposed action is 
subject to formal rulemaking procedures by giving interested persons an 
opportunity to participate in the rulemaking process ``through 
submission of written data, views, or arguments,'' pursuant to 5 U.S.C. 
553. The purpose of this proposed rule is to exempt certain records 
within this system from the requirements of 5 U.S.C. 552a(c)(3) and (d) 
to protect law enforcement sensitive information contained within the 
system of records. This proposed rule does not raise novel legal or 
policy issues, nor does it adversely affect the economy, the budgetary 
impact of entitlements, grants, user fees, loan programs, or the rights 
and obligations of recipients thereof in a material way. The Office of 
Management and Budget has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), and accordingly this rule has not been reviewed by the Office of 
Information and Regulatory Affairs within the Office of Management and 
Budget pursuant to Executive Order 12866.

Regulatory Flexibility Act

    This proposed rule will only impact Privacy Act-protected records, 
which are personal and generally do not apply to an individual's 
entrepreneurial capacity, subject to limited exceptions. Accordingly, 
the Chief Privacy and Civil Liberties Officer, in accordance with the 
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this 
regulation and by approving it certifies that this regulation will not 
have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act of 1996 (Subtitle E-
Congressional Review Act)

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996, 5 U.S.C. 801 et seq., requires the Department to comply with 
small entity requests for information and advice about compliance with 
statutes and regulations within the Department's jurisdiction. Any 
small entity that has a question regarding this document may contact 
the person listed in FOR FURTHER INFORMATION CONTACT paragraph, above. 
Persons can obtain further information regarding SBREFA on the Small 
Business Administration's web page at <a href="https://www.sba.gov/advocacy">https://www.sba.gov/advocacy</a>. 
This proposed rule is not a major rule as defined by 5 U.S.C. 804 of 
the Congressional Review Act.

Executive Order 13132--Federalism

    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988--Civil Justice Reform

    This proposed regulation meets the applicable standards set forth 
in sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
drafting errors and ambiguity, minimize litigation, provide a clear 
legal standard for affected conduct, and promote simplification and 
burden reduction.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule will have no implications for Indian Tribal 
governments. More specifically, it does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes. 
Therefore, the consultation requirements of Executive Order 13175 do 
not apply.

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local and tribal governments, in the aggregate, or by the private 
sector, of $100,000,000, as adjusted for inflation, or more in any one 
year, and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires 
the Department to consider the impact of paperwork and other 
information collection burdens imposed on the public. This system of 
records may include copies of the official records of proceedings 
(ROPs) in immigration cases before EOIR, which are comprised in part by 
EOIR and DHS forms subject to the Paperwork Reduction Act. A list of 
active EOIR forms and their OMB Control Numbers can be found on the 
EOIR website at <a href="https://www.justice.gov/eoir/eoir-forms">https://www.justice.gov/eoir/eoir-forms</a>. A list of 
active DHS forms and their OMB Control Numbers can be found on the DHS 
website at <a href="https://www.dhs.gov/find-dhs-forms">https://www.dhs.gov/find-dhs-forms</a>.

List of Subjects in 28 CFR Part 16

    Administrative practice and procedure, Courts, Freedom of 
information, Privacy Act.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated by Attorney General Order 2940--2008, the 
Department of Justice proposes to amend 28 CFR part 16 as follows:

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

0
1. The authority citation for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 553; 28 U.S.C. 509, 510, 
534; 31 U.S.C. 3717.

Subpart E--Exemption of Records Systems Under the Privacy Act

0
2. In Sec.  16.83, add paragraph (g) to read as follows:


Sec.  16.83  Exemption of the Executive Office for Immigration Review 
System--limited access.

* * * * *
    (g) The following system of records is exempt from 5 U.S.C. 
552a(c)(3) and (d): Fraud and Abuse Prevention Program Records 
(JUSTICE/EOIR--006).
    (1) Exemption from 5 U.S.C. 552a(c)(3) and (d) is justified because 
access to or an accounting of disclosures of records contained in this 
system of records could inform the subject of the investigation of an 
actual or potential criminal, civil, or regulatory violation or the 
existence of that investigation; of the nature and scope of the 
information and evidence obtained as to the subject's activities; of 
the identity of confidential sources, witnesses, and law enforcement 
personnel; and of information that may enable the subject to avoid 
detection or apprehension. These factors would present a serious 
impediment to effective law and regulatory enforcement where they 
prevent the successful completion of the investigation; endanger the 
physical safety of confidential sources, witnesses, and law enforcement 
personnel; and/or lead to the improper influencing of witnesses, the 
destruction of evidence, or the fabrication of testimony.
    (2) This exemption applies only to the extent that information in 
the system is subject to exemption pursuant to 5 U.S.C. 552a(k)(2). To 
the extent that

[[Page 65515]]

information in a record pertaining to an individual does not relate to 
official Federal investigations and/or law enforcement matters, the 
exemption does not apply. In addition, where compliance would not 
appear to interfere with or adversely affect the overall law or 
regulatory enforcement process, the applicable exemption may be waived 
by the Executive Office for Immigration Review.

    Dated: October 5, 2026.
Laurence E. Rothenberg,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
[FR Doc. 2026-21063 Filed 10-14-26; 8:45 am]
BILLING CODE 4410-30-P


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