Agency Information Collection Activities: ICE FOIA Request Form, I-902

Issuing agencies

Abstract

The Department of Homeland Security will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Notices]
[Pages 67326-67327]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21765]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[Docket Number ICEB-2026-0166]


Agency Information Collection Activities: ICE FOIA Request Form, 
I-902

AGENCY: U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.

ACTION: 60-Day notice and request for comments, new collection, 1653-
NEW.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security will submit the following 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted until December 28, 
2026. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
#ICEB-2026-0166, at:
    [cir] Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket #ICEB-2026-0166. 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>.

SUPPLEMENTARY INFORMATION: The Freedom of Information Act (FOIA), 5 
U.S.C. 552, and the Privacy Act of 1974 (PA), 5 U.S.C. 552a, provide 
individuals the right to request access to federal agency records, 
subject to certain exemptions and exclusions. Department of Homeland 
Security (DHS) regulations at 6 CFR part 5 implement these statutes for 
DHS components, including U.S. Immigration and Customs Enforcement 
(ICE).
    ICE Form I-902, Freedom of Information Act Request Form, is used to 
collect the minimum information necessary for ICE to:
    <bullet> Identify the subject of the requested records;
    <bullet> Locate, retrieve, and review potentially responsive 
records;
    <bullet> Verify the identity of the requester and, when applicable, 
confirm the requester's authority to receive records about another 
individual; and
    <bullet> Process requests under FOIA and/or the Privacy Act in 
accordance with statutory and regulatory requirements.
    This collection is necessary for ICE to fulfill its statutory 
obligations to process FOIA and Privacy Act requests, document 
requesters' identities and consents, and maintain accurate records of 
requests and disclosures. Failure to collect this information would 
impede ICE's ability to comply with FOIA and the Privacy Act, and with 
DHS FOIA implementing regulations.

Indicate How, by Whom, and for What Purpose the Information Is To Be 
Used

    The information collected on ICE Form I-902 is used by:
    <bullet> ICE FOIA Office personnel;
    <bullet> FOIA and Privacy Act staff within relevant ICE program 
offices (e.g., Enforcement and Removal Operations and Homeland Security 
Investigations (HSI); and
    <bullet> Other DHS or federal personnel as needed for coordination 
and consultation.
    The information is used to:
    <bullet> Positively identify the subject of the records and the 
requester;
    <bullet> Determine the scope and type of records being requested 
(e.g., ERO apprehension/detention records, SEVP records, other ICE 
records);
    <bullet> Locate and retrieve responsive records in ICE systems and 
files;
    <bullet> Verify consent and authority to access records relating to 
a third party (Part 3);
    <bullet> Satisfy identity verification requirements under FOIA/PA 
and DHS regulations (Part 4--declaration under penalty of perjury or 
notarized affidavit);
    <bullet> Document the request in ICE's FOIA case tracking systems 
for processing, quality control, and reporting; and
    <bullet> Support required FOIA program reporting and audit 
activities.
    This is a new collection specific to ICE Form I-902. Previously, 
similar information has been collected through freeform written FOIA/PA 
requests submitted via mail or other electronic means. The form 
standardizes and structures the necessary data elements to improve 
completeness, accuracy, and processing efficiency.
    ICE Form I-902 is made available to requesters in electronic format 
(fillable PDF) via the ICE public website. Requesters may complete the 
form electronically, print, and submit it via the methods permitted by 
ICE FOIA (e.g., upload through the online FOIA portal or mail), 
consistent with current ICE FOIA procedures.
    The information from the completed form is entered into, or 
ingested by, ICE's FOIA case tracking and document management systems 
(e.g., SharePoint-based matter tracking systems and other FOIA case 
management tools) as described in DHS/ALL-001 and DHS/ALL-004 and 
associated Privacy Impact Assessments. ICE uses these systems to:
    <bullet> Log and track FOIA/PA requests;
    <bullet> Assign requests for processing;
    <bullet> Record processing milestones and determinations; and
    <bullet> Maintain an electronic record of correspondence and 
responsive documents.

[[Page 67327]]

    The form is designed to:
    <bullet> Be fillable electronically to reduce handwriting errors 
and incomplete submissions;
    <bullet> Align data elements with FOIA tracking system fields to 
minimize rekeying and reduce data entry burden; and
    <bullet> Facilitate electronic storage, retrieval, and reporting.
    ICE has considered and implemented the use of information 
technology to the extent practicable to re-duce burden on both 
requesters and the government, consistent with FOIA requirements for 
multiple submission channels (mail, electronic, etc.) and the need for 
original signatures for identity verification.
    This collection primarily affects individuals who are requesting 
access to records about themselves or another individual. In limited 
circumstances, small businesses or other small entities (such as law 
firms or non-profit organizations) may submit requests on behalf of 
clients or as organizational requesters.
    The burden on such entities is minimal because:
    <bullet> The form is short, straightforward, and limited to 
information necessary to identify the re-quester/subject and locate 
records;
    <bullet> The form is available in a fillable PDF format that can be 
reused as a template by organizations that regularly submit requests; 
and
    <bullet> Only one form is required per request, and no specialized 
equipment or software is needed beyond standard office tools.
    Therefore, this information collection does not have a significant 
impact on small businesses or other small entities.
    If ICE did not collect this information, or collected it less 
frequently:
    <bullet> ICE would be unable to reliably verify the identity of 
requesters and the subjects of records, increasing the risk of 
unauthorized disclosures and violations of the Privacy Act and FOIA;
    <bullet> ICE would experience difficulty locating and retrieving 
responsive records in a timely and accurate manner, leading to delays, 
increased backlogs, and potential non-compliance with FOIA statutory 
response time requirements;
    <bullet> ICE's ability to document consent for third-party 
disclosures would be compromised, creating legal risk and privacy 
concerns; and
    <bullet> ICE would lack sufficient standardized data to manage and 
report on FOIA/PA operations as required by DHS policy and oversight 
bodies.
    Because FOIA/PA requests are initiated by individuals at their 
discretion, ICE cannot reduce the ``frequency'' of the collection; it 
occurs only when an individual chooses to submit a request. The form is 
designed to collect the minimum information needed to process each 
request, so further reduction of the information requested would impair 
ICE's ability to comply with FOIA and the Privacy Act.
    There are no technical or legal obstacles to reducing burden beyond 
this point; the collection is already limited to the essential data 
elements required for proper identification, search, processing, and 
documentation of FOIA/PA requests.
    ICE does not provide a special or absolute assurance of 
confidentiality to respondents for information submitted on ICE Form I-
902. The information provided on this form is protected and used in 
accordance with:
    <bullet> The Freedom of Information Act (FOIA), 5 U.S.C. 552;
    <bullet> The Privacy Act of 1974 (PA), 5 U.S.C. 552a;
    <bullet> DHS FOIA and Privacy Act implementing regulations at 6 CFR 
part 5; and
    <bullet> Applicable DHS System of Records Notices (SORNs), 
including:
    [ballot] DHS/ALL-001 Department of Homeland Security (DHS) Freedom 
of Information Act (FOIA) and Privacy Act (PA) Record System; and
    [ballot] DHS/ALL-004 General Information Technology Access Account 
Records System (GI-TAARS).
    Under these authorities and associated DHS privacy and security 
policies, ICE:
    <bullet> Collects only the information needed to process FOIA and 
Privacy Act requests;
    <bullet> Restricts access to the information to personnel with a 
need to know for official purposes;
    <bullet> Maintains the information in secure systems described in 
the published SORNs and Privacy Impact Assessments (e.g., DHS/ICE/PIA-
043 SharePoint Matter Tracking Systems and DHS/ALL/PIA-028 DHS FOIA and 
Privacy Act Records Program Update); and
    <bullet> May share information with other federal, state, local, 
and foreign government agencies and authorized organizations consistent 
with the routine uses listed in the applicable SORNs, or as otherwise 
authorized or required by law (including for law enforcement or 
national security purposes).
    Because FOIA is a disclosure statute, information submitted on this 
form may itself be subject to FOIA requests. Any such requests are 
processed in accordance with FOIA and the Privacy Act, including 
consideration of applicable exemptions and exclusions that protect 
personal privacy and other protected interests. No additional, non-
statutory assurances of confidentiality are provided.
    This is a new collection of information.
    The Office of Management and Budget is particularly interested in 
comments which:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

Analysis

    Agency: U.S. Immigration and Customs Enforcement, Department of 
Homeland Security.
    Title: ICE FOIA Request Form, I-902.
    OMB Number: 1653-NEW.
    Frequency: On Occasion.
    Affected Public: Individuals or Households, Business or Other For-
Profit, Not-For-Profit Institutions, State, Local, or Tribal 
Governments.
    Number of Respondents: 58,748.
    Estimated Time per Respondent: 0.5 hours.
    Total Burden Hours: 29,374 annual burden hours.

    Dated: October 21, 2026.
Ashley Pearce,
Deputy Chief Data Officer.
[FR Doc. 2026-21765 Filed 10-23-26; 8:45 am]
BILLING CODE 9111-28-P


</pre></body>
</html>