9111-28
DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2023-0011]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security, U.S. Immigration and Customs Enforcement.
ACTION: Notice of a modified system of records.
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)-011 Criminal Arrest Records and
Immigration Enforcement Records (CARIER) System of Records.” DHS/ICE collects, uses, and
maintains CARIER records to support the identification, apprehension, and removal of aliens (a
term defined in law but used hereinafter as “non-citizens”) unlawfully entering or present in the
United States in violation of the Immigration and Nationality Act (INA), including fugitive noncitizens. DHS/ICE also uses CARIER to support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of federal laws enforced by DHS. DHS/ICE is
reissuing this system of records notice to update the purpose of the system, add new categories of
individuals, add new categories of records, and modify, remove, and propose new routine uses.
Additionally, this notice includes non-substantive changes to simplify the formatting and text of
the previously published notice. This modified system will be included in the Department’s
inventory of record systems.
DATES: Submit comments on or before [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. This modified system will be effective
[INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER].
ADDRESSES: You may submit comments, identified by docket number ICEB-2023-0011 by
one of the following methods:

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Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for
submitting comments.

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Fax: 202-343-4010.

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Mail: Mason C. Clutter, Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, D.C. 20528-0655.

Instructions: All submissions received must include the agency name and docket number ICEB2023-0011. All comments received will be posted without change to http://www.regulations.gov,
including any personal information provided.
DOCKET: For access to the docket to read background documents or comments received,
please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact: Ieshah
Geary, Privacy Officer, Office of Information Governance and Privacy, iceprivacygeneralmailbox@ice.dhs.gov, U.S. Immigration and Customs Enforcement, 500 12th Street SW,
Mail Stop 5004, Washington, D.C. 20536. For privacy questions, please contact: Mason C.
Clutter, (202) 343-1717, Privacy@hq.dhs.gov, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, D.C. 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. sec. 552a, DHS/ICE proposes to
modify and reissue a current DHS system of records titled, “DHS/ICE-011 Criminal Arrest
Records and Immigration Enforcement Records (CARIER) System of Records.” DHS/ICE
maintains the CARIER system of records to support the identification, apprehension, and
removal of individuals unlawfully entering or present in the United States; and to support the
identification and arrest of individuals who commit violations of federal laws enforced by DHS.
DHS/ICE is modifying and reissuing this system of records notice to update the purpose
of the system to include the following purposes: 1) to monitor individuals unlawfully entering or

present in the United States in violation of the Immigration and Nationality Act, including nondetained non-citizens; 2) to support geolocation tracking, biometric verification, and rapid
enrollment of non-citizens into the ICE Enforcement and Removal Operations (ERO)
Alternatives to Detention (ATD) program; and 3) to improve coordination necessary to
efficiently transfer/transport individuals from the U.S. Customs and Border Protection (CBP) to
ICE and subsequently from ICE to various family residential centers and detention facilities.
DHS/ICE is also updating the categories of individuals covered by this system of records to
include those individuals on the “non-detained” docket and Alternatives to Detention program.
Additionally, DHS/ICE is updating the categories of records to include geolocation records
derived from technologies such as the Global Positioning System (GPS) and records pertaining
to family unit identification number (FAMU ID).
ICE is also removing several routine uses from the previous system of records notice.
After careful review and consideration, ICE is removing previous redundancies to ensure the
System of Records Notice is focused solely on the system's purpose, categories of individuals,
records, and routine uses for the identification, apprehension, and removal of non-citizens
unlawfully present in the United States. The previous routine uses have been removed: Routine
Use O, Routine Use S, Routine Use V, Routine Use Z, Routine Use AA, Routine Use BB,
Routine Use JJ, and Routine Use YY.
Finally, DHS/ICE is proposing to modify and add the following routine uses:
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Modify routine use (E) and add routine use (F) to allow DHS/ICE to share records with
appropriate federal agencies or entities when reasonably necessary to respond to a breach
of personally identifiable information and to prevent, minimize, or remedy the risk of
harm to individuals or the Federal Government, or assist an agency in locating individuals
affected by a breach in accordance with Office of Management and Budget (OMB)

Memorandum M-17-12 “Preparing for and Responding to a Breach of Personally
Identifiable Information,” (Jan. 3, 2017).
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Add routine use (XX) to allow ICE to share records through the Law Enforcement
Information Sharing Service (LEISS) with federal, state, local, tribal, regional, foreign, or
international law enforcement agencies that are party to a LEISS Memorandum of
Agreement. LEISS is a non-public facing web service that functions as a bi-directional
data sharing system between DHS and member agencies for the purpose of criminal law
enforcement, homeland/national security, or applicant background investigations.

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Add routine use (YY) to allow ICE to share information with an appropriate federal, state,
local, tribal, territorial, foreign, or international agency and third-party organizations
assisting in the repatriation of non-citizens who are returning voluntarily to their home
countries.

The Routine Use Section is also being renumbered to account for the added and removed routine
uses listed above. Non-substantive language changes have been made to the added routine uses
to clarify disclosure policies that are standard across DHS and to align with previously published
DHS system of records notices.
Consistent with DHS’s information sharing mission, information stored in the DHS/ICE011 CARIER 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, DHS/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 records 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,
and similarly, the Judicial Redress Act (JRA) provides a statutory right to covered persons to
make requests for access to and amendment of 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.
Below is the description of the DHS/ICE-011 CARIER System of Records.
In accordance with 5 U.S.C. sec. 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)-011 Criminal Arrest Records and Immigration
Enforcement Records (CARIER).
SECURITY CLASSIFICATION: Unclassified. The data may be retained on classified
networks, but this does not change the nature and character of the data until it is combined with
classified information.
SYSTEM LOCATION: Records are maintained in DHS/ICE information technology (IT)
systems (e.g., the Enforcement Integrated Database (EID) and their associated ICE applications.
and contractor-owned IT systems, including those supporting the ICE Alternatives to Detention
program). Records are also maintained in associated electronic and paper files located at ICE
Headquarters in Washington, D.C., ICE field and attaché offices, contractor offices, and

detention facilities operated by or on behalf of ICE, or that otherwise house individuals arrested
or detained by ICE. Finally, records are replicated from the operational DHS/ICE IT systems and
maintained on DHS unclassified and classified networks used for analysis and vetting.
SYSTEM MANAGER(S): Executive Associate Director, Office of Enforcement and Removal
Operations, U.S. Immigration & Customs Enforcement, 500 12th Street SW, Washington, D.C.
20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for maintaining this
system is in sections 103, 235, 236, 274, 287, and 290 of the Immigration and Nationality Act
(INA), 8 United States Code, sections 1103, 1225, 1226, 1324, 1357, 1360, and 1365(a)(b); Title
18, United States Code, Chapters 27, 77, 85, 95, 109A, 110, 113, and 117; Title 31, United States
Code, Chapter 53, Subchapter II; Title 50 Appendix, United States Code; The Tariff Act of 1930;
Justice for All Act of 2004 (Pub. L. 108-405); DNA Fingerprint Act of 2005 (Public Law 109162); Adam Walsh Child Protection and Safety Act of 2006 (Pub. L. 109-248); and 28 CFR Part
28, “DNA-Sample Collection and Biological Evidence Preservation in the Federal Jurisdiction.”
PURPOSE(S) OF THE SYSTEM: The purposes of this system are:
1. To support the identification, arrest, charging, monitoring, detention, and/or removal of
individuals unlawfully entering or present in the United States in violation of the INA, including
fugitive non-citizens, non-detained non-citizens, and non-lawful re-entrants.
2. To support the identification and arrest of individuals (both citizens and non-citizens)
who commit violations of criminal laws enforced by DHS/ICE.
3. To track the process and results of administrative and criminal proceedings, including
compliance with court orders and hearing dates, against individuals who are alleged to have
violated the INA or other laws enforced by DHS.
4. To support the grant or denial of parole and tracking of individuals who seek or receive
parole into the United States.

5. To provide criminal and immigration history information during DHS enforcement
encounters, and to support background checks on applicants for DHS immigration benefits (e.g.,
employment authorization and petitions).
6. To identify potential criminal activity, immigration violations, and threats to homeland
security, to ensure public safety, and to uphold laws enforced by DHS.
7. To support the geolocation tracking, biometric verification, and rapid enrollment of
non-citizens into the ICE Alternatives to Detention program.
8. To improve the coordination necessary to efficiently transfer/transport individuals
from CBP to ICE and from ICE to various detention facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Categories of
individuals covered by this system include: (1) individuals arrested, detained, or removed from
the United States for criminal or administrative violations of the INA, or individuals issued a
Notice to Appear in immigration court; (2) individuals who are the subject of an immigration
detainer issued to another law enforcement or custodial agency; (3) individuals arrested by ICE
for violations of criminal laws enforced by ICE or DHS; (4) individuals who fail to leave the
United States after receiving a final order of removal, deportation, or exclusion, or who fail to
report to ICE for removal after receiving notice to do so (fugitive non-citizens); (5) individuals
who non-lawfully re-enter the United States after departing pursuant to an order of voluntary
departure or being removed from the United States (non-lawful re-entrants); (6) individuals who
request to be removed at their own expense or are eligible for voluntary removal from the United
States pursuant to section 250 of the INA; (7) individuals who are granted parole into the United
States under section 212(d)(5) of the INA (parolees); (8) individuals awaiting immigration
proceedings under a “non-detained” or Alternatives to Detention program; (9) other individuals
whose information may be collected or obtained during the course of an immigration
enforcement or criminal matter, such as witnesses, associates, and relatives; (10) persons who
post or arrange bond for the release of an individual from ICE detention, or receive custodial

property of a detained non-citizen; (11) prisoners of the U.S. Marshals Service held in ICE
detention facilities; and (12) attorneys or representatives who represent individuals listed in the
categories above.
CATEGORIES OF RECORDS IN THE SYSTEM: Biographic, biometric, descriptive,
historical, and other identifying data, including:
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Full name;

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Alias(es);

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A-Number;

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Social Security number (SSN);

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Date of birth;

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Place of birth;

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Nationality;

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Fingerprint Identification Number (FIN);

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Federal Bureau of Investigation (FBI) number;

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Other unique identifying numbers (e.g., federal, state, local, and tribal identification
numbers);

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Government-issued identification (e.g., passport, driver’s license):
o Document type;
o Issuing organization;
o Document number;
o Expiration date;

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Visa information;

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Contact or location information (e.g., known or possible addresses, phone numbers);

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Employment history;

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Education history;

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Immigration history (e.g., citizenship/naturalization certificate number, removals,

explanations);
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Domestic and foreign criminal history (e.g., arrest, charges, dispositions, and sentencing,
corresponding dates, jurisdictions);

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Physical description (e.g., height, weight, eye color, hair color, race, ethnicity, identifying
marks like scars, tattoos, or birthmarks); and

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Biometric data (i.e., fingerprints, voiceprints, iris images, photographs, facial verification
images/templates, and DNA samples).
o DNA samples required by DOJ regulation (see 28 CFR Part 28) are collected and
sent to the FBI. DNA samples are not retained or analyzed by DHS, nor does ICE
receive or maintain the results of the FBI’s DNA analysis (i.e., DNA sequences).
o Information pertaining to ICE’s collection of DNA samples, limited to the date
and time of successful collection and confirmation from the FBI that the sample
was able to be sequenced, is maintained by ICE and DHS.

Case-related data:
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Case number;

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Family unit identification number ID numbers;

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Record number;

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Case category;

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Description of charges and disposition of arrest;

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Case agent;

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Data initiated and completed;

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Location-related data, including geotags from metadata associated with other record
categories collected; geographical indicators; and geolocation information (e.g., GPS)
derived from the ICE Alternatives to Detention program ;

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National Sex Offender Registry (NSOR) status; and

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Other data describing an event involving alleged violations of criminal or immigration

law (i.e., location; date; time; type of criminal or immigration law violations alleged; type
of property involved; use of violence, weapons, or assault against DHS personnel or third
parties; attempted escape; and other related information).
Information presented to or collected by ICE during immigration and law enforcement
proceedings or activities:
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Date of birth;

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Place of birth;

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Marital status;

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Education history;

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Employment history;

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Travel history; and

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Other information derived from affidavits, certificates, manifests, and other documents.
This data typically pertains to subjects, relatives, associates, and witnesses.

Detention data on non-citizens:
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Immigration detainers issued;

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Transportation information;

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Detention-related identification numbers;

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Detention facility;

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Security, risk, and custody classification;

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Custody recommendation and status;

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Flight risk indication;

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Book-in/book-out date and time;

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Mandatory detention and criminal flags;

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Aggravated felon status;

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Other alerts (e.g., gang affiliation, community ties, health accommodation, humanitarian
or medical considerations);

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Information about a non-citizen’s release from custody on bond, recognizance, or
supervision;

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Information related to prosecutorial discretion determinations;

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Property inventory and receipt;

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Information related to disciplinary issues or grievances;

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Documents and video recordings related to alleged misconduct and other incidents
involving detainees; and

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Other detention-related information (e.g., documentation of an allegation of sexual abuse
or assault, documentation of strip and body cavity searches, documentation of reasons for
segregation or other housing placement, documentation of participation in the orientation
process).

Detention data for U.S. Marshals Service prisoners:
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Full name;

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Date of birth;

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Country of birth;

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Identification numbers (e.g., detainee, FBI, state);

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Book-in/book-out date and time; and

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Security classification.

Limited health information relevant to an individual’s placement in an ICE detention facility or
transportation requirements:
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Medical alerts, mental competency, or general information on physical disabilities or
other special needs or vulnerabilities to facilitate placement in a facility or bed that best
accommodates these needs. Medical records about individuals in ICE custody (i.e.,
records relating to the diagnosis or treatment of individuals) are maintained in DHS/ICE013 Alien Medical Records System of Records.

Progress, status, and final result of removal, prosecution, and other DHS processes and related
appeals:
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Information relating to criminal convictions;

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Incarceration;

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Travel documents; and

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Other information pertaining to the actual removal of non-citizens from the United States.

Contact, biographical, and identifying data about Relatives, Attorneys, Representatives,
Associates, or Witnesses of a noncitizen in proceedings initiated or conducted by DHS may
include:
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Full name;

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Date of birth;

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Place of birth; and

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Contact or location information (e.g., addresses, phone numbers, and business or agency
name).

Data concerning personnel of other agencies that arrested, or assisted or participated in the arrest
or investigation of, or are maintaining custody of an individual whose arrest record is contained
in this system of records may include:
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Full name;

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Title; and

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Contact or location information (e.g., addresses, phone numbers, and business or agency
name).

Data about persons who post or arrange an immigration bond for the release of an individual
from ICE custody, or receive custodial property of an individual in ICE custody may include:
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Full name;

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Address;

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Phone numbers; and

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Social Security number.

Recordings of detainee telephone calls when responding as part of an alternative to detention
program or of detainee calls made in detention facilities. Information about these calls may
include:
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Date;

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Time;

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Duration; and

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Phone number called. (Note: protected telephone calls, such as calls with an attorney, are
not recorded and information about protected telephone calls is not retained.)

Information related to detainees’ accounts for telephone or commissary services in a detention
facility.
RECORD SOURCE CATEGORIES: Records are obtained from several sources. In general,
information is obtained from individuals covered by this system, and other federal, state, local,
tribal, or foreign governments. More specifically, DHS/ICE-011 records derive from the
following sources:
a) Individuals covered by the system and other individuals (e.g., witnesses, family
members);
b) Other federal, state, local, tribal, or foreign governments and government information
systems;
c) Business records;
d) Evidence, contraband, and other seized material; and
e) Public and commercial sources, including social media.
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. sec. 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. sec. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the United States Attorneys,
or other federal agencies conducting litigation or in proceedings before any court, adjudicative,
or administrative body, when it is relevant and 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 their official capacity;
3. Any employee or former employee of DHS in their individual capacity 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. secs. 2904 and 2906.
D. To an agency or organization 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 prospective claimants and their attorneys for the purpose of negotiating the
settlement of an actual or prospective claim against DHS or its current or former employees, in
advance of the initiation of formal litigation or proceedings.
J. To appropriate federal, state, local, tribal, territorial, or foreign government agencies,
as well as to other individuals and organizations during the course of an investigation by DHS or
the processing of a matter under DHS’s jurisdiction, or during a proceeding within the purview
of immigration and nationality laws, when DHS deems that such disclosure is necessary to carry
out its functions and statutory mandates or to elicit information required by DHS to carry out its
functions and statutory mandates.

K. To federal, state, local, tribal, or territorial government agencies, or other entities or
individuals, or through established liaison channels to selected foreign governments, to provide
intelligence, counterintelligence, or other information for the purposes of national security,
intelligence, counterintelligence, or antiterrorism activities authorized by U.S. law, Executive
Order, or other applicable national security directive.
L. To federal and foreign government intelligence or counterterrorism agencies or
components when DHS becomes aware of an indication of a threat or potential threat to national
or international security, or when such disclosure is to support the conduct of national
intelligence and security investigations or to assist in anti-terrorism efforts.
M. To any federal agency to enable such agency to make determinations regarding the
payment of federal benefits to the record subject in accordance with that agency’s statutory
responsibilities.
N. To foreign governments for the purpose of coordinating and conducting the removal
of non-citizens from the United States to other nations under the Immigration and Nationality
Act; and to international, foreign, intergovernmental, and multinational agencies, authorities, and
organizations in accordance with law and formal or informal international arrangements.
O. To the DOJ Executive Office of Immigration Review (EOIR) or its contractors,
consultants, or others performing or working on a contract for EOIR, for the purpose of
providing information about non-citizens who are or may be placed in removal proceedings so
that EOIR may arrange for the provision of educational services to those non-citizens under
EOIR’s Legal Orientation Program, or for other purposes or activities within the scope of the
EOIR contract.
P. To disclose information to the DOJ EOIR and to the Board of Immigration Appeals, to
the extent necessary to carry out their authorized duties pertaining to the adjudication of matters
arising under the Immigration and Nationality Act.

Q. To attorneys or legal representatives for the purpose of facilitating group presentations
to non-citizens in detention that will provide the non-citizens with information about their rights
under U.S. immigration law and procedures.
R. To the Department of State in the processing of petitions or applications for benefits
under the Immigration and Nationality Act, and all other immigration and nationality laws
including treaties and reciprocal agreements; or when the Department of State requires
information to consider or provide an informed response to a request for information from a
foreign, international, or intergovernmental agency, authority, or organization about a noncitizen or an enforcement operation with transnational implications.
S. To OMB in connection with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth
in the Circular.
T. To federal, state, local, territorial, tribal, international, or foreign criminal, civil, or
regulatory law enforcement authorities when the information is necessary for collaboration,
coordination, and de-confliction of investigative matters, prosecutions, and/or other law
enforcement actions to avoid duplicative or disruptive efforts and to ensure the safety of law
enforcement officers who may be working on related law enforcement matters.
U. To the U.S. Marshals Service (USMS) concerning USMS prisoners that are or will be
held in detention facilities operated by or on behalf of ICE, and to federal, state, local, tribal, or
territorial law enforcement or correctional agencies concerning individuals in DHS custody that
are to be transferred to such agency’s custody, to coordinate the transportation, custody, and care
of these individuals.
V. To third parties to facilitate placement or release of an individual (e.g., at a group
home, homeless shelter) who has been or is about to be released from DHS custody but only
such information that is relevant and necessary to arrange housing, continuing medical care, or
other social services for the individual.

W. To victims and witnesses regarding custodial information, such as transfer to another
custodial agency or location, release on bond, order of supervision, removal from the United
States, or death in custody, about an individual who is the subject of a criminal or immigration
investigation, proceeding, or prosecution. This would also authorize disclosure of custodial
information to individuals with a legal responsibility to act on behalf of a victim or witness (e.g.,
attorney, parent, legal guardian) and individuals acting at the request of a victim or witness; as
well as external victim notification systems that make such information available to victims and
witnesses in electronic form.
X. To the Federal Bureau of Prisons (BOP) and other federal, state, local, territorial,
tribal, and foreign law enforcement or custodial agencies for the purpose of facilitating the
transfer of custody of an individual to or from that agency. This will include the transfer of
information about unaccompanied minor children to the U.S. Department of Health and Human
Services (HHS) to facilitate the custodial transfer of such children from DHS to HHS.
Y. To DOJ and other law enforcement or custodial agencies to facilitate payments and
reporting under the State Criminal Alien Assistance Program or similar programs.
Z. To any law enforcement agency or custodial agency (such as a jail or prison) to serve
that agency with notice of an immigration detainer, or to update or remove a previously issued
immigration detainer, for an individual who is believed to be in that agency’s custody.
AA. To DOJ, disclosure of DNA samples and related information as required by 28 CFR
part 28.
BB. To DOJ, disclosure of arrest and removal information for inclusion in relevant DOJ
law enforcement databases and for use in the enforcement of federal firearms laws (e.g., Brady
Handgun Violence Prevention Act, as amended by the NICS Improvement Amendments Act).
CC. To the attorney or guardian ad litem of an individual’s child, or to federal, state,
local, tribal, territorial, or foreign governmental or quasi-governmental agencies or courts, to
confirm the location, custodial status, removal, or voluntary departure of an individual from the

United States, to facilitate the recipients’ exercise of responsibilities pertaining to the custody,
care, or legal rights (including issuance of a U.S. passport) of the individual’s children, or the
adjudication or collection of child support payments or other similar debts owed by the
individual.
DD. To an individual or entity seeking to post or arrange, or who has already posted or
arranged, an immigration bond for a noncitizen to aid the individual or entity in (1) identifying
the location of the noncitizen; (2) posting the bond; (3) obtaining payments related to the bond;
or (4) conducting other administrative or financial management activities related to the bond.
EE. To federal, state, local, tribal, territorial, or foreign government agencies or entities
or multinational governmental agencies when DHS needs to exchange relevant data for the
purpose of developing, testing, or implementing new software or technology whose purpose is
related to this system of records.
FF. Limited detainee biographical information will be publicly disclosed via the ICE
Online Detainee Locator System or any successor system for the purpose of identifying whether
a detainee is in ICE custody and the custodial location.
GG. To courts, magistrates, administrative tribunals, opposing counsel, parties, and
witnesses, in immigration, civil, or criminal proceedings (including discovery, presentation of
evidence, and settlement negotiations) and when DHS determines that use of such records is
relevant and necessary to the litigation before a court or adjudicative body when any of the
following is a party to or have an interest in the litigation:
1. DHS or any component thereof;
2. Any employee of DHS in their official capacity;
3. Any employee of DHS in their individual capacity when DOJ or DHS has
agreed to represent the employee; or
4. The United States, when DHS determines that litigation is likely to affect DHS
or any of its components.

HH. To federal, state, local, tribal, territorial, international, or foreign government
agencies or entities for the purpose of consulting with that agency or entity:
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 such redress on behalf of another individual.
II. To federal, state, local, tribal, territorial, or foreign governmental agencies;
multilateral governmental organizations; or other public health entities, for the purposes of
protecting the vital interests of a record subject or other persons, including to assist such agencies
or organizations during an epidemiological investigation, in facilitating continuity of care, in
preventing exposure to or transmission of a communicable or quarantinable disease of public
health significance, or to combat other significant public health threats.
JJ. To foreign governments for the purpose of providing information about their citizens
or permanent residents, or family members thereof, during local or national disasters or health
emergencies.
KK. To a coroner for purposes of affirmatively identifying a deceased individual
(whether or not such individual is deceased as a result of a crime) or cause of death.
LL. To a former employee of DHS for purposes of responding to an official inquiry by
Federal, State, local, tribal, or territorial government agencies or professional licensing
authorities; or facilitating communications with a former employee that may be relevant and
necessary for personnel-related or other official purposes, when DHS requires information or
consultation assistance from the former employee regarding a matter within that person’s former
area of responsibility.

MM. To federal, state, local, tribal, territorial, foreign, or international agencies, if the
information is relevant and necessary to a requesting agency’s decision concerning the hiring or
retention of an individual, or the issuance, grant, renewal, suspension or revocation 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.
NN. To a public or professional licensing organization when such information indicates,
either by itself or in combination with other information, a violation or potential violation of
professional standards, or reflects on the moral, educational, or professional qualifications of
licensed professionals or those seeking to become licensed professionals.
OO. To an attorney or representative (as defined in 8 CFR 1.2, 202.1, 1001.1(f), or
1202.12) who is acting on behalf of an individual covered by this system of records in
connection with any proceeding before U.S. Citizenship and Immigration Services (USCIS),
ICE, CBP, or EOIR, as required by law or as deemed necessary in the discretion of the
Department.
PP. To members of the public, with regard to disclosure of limited detainee biographical
information for the purpose of facilitating the deposit of monies into detainees’ accounts for
telephone or commissary services in a detention facility.
QQ. To federal, state, local, tribal, or territorial government agencies seeking to verify or
ascertain the citizenship or immigration status of any individual within the jurisdiction of the
agency for any purpose authorized by law.
RR. To federal, state, local, tribal, and territorial courts or government agencies involved
in criminal investigation or prosecution, pre-trial, sentencing, parole, probation, bail bonds, or
any other aspect of the criminal justice process, and to defense counsel representing an
individual in a domestic criminal proceeding, to ensure the integrity and efficiency of the

criminal justice system by informing these recipients of the existence of an immigration detainer
or the individual’s status in removal proceedings, including removal or custodial status/location.
Disclosure of the individual’s A-Number and country of birth is also authorized to facilitate these
recipients’ use of the ICE Online Detainee Locator System for the purposes listed above.
SS. To a foreign government to notify it concerning its citizens or residents who are
incapacitated, an unaccompanied minor, or deceased.
TT. To family members, guardians, committees, friends, or other agents identified by law
or regulation to receive notification, decisions, and other papers as provided in 8 C.F.R. § 103.8
from DHS or EOIR following verification of a familial or agency relationship with a non-citizen
when DHS is aware of indicia of incompetency or when a non-citizen has been determined to be
mentally incompetent by an immigration judge.
UU. To an organization or person in either the public or private sector, either foreign or
domestic, when there is a reason to believe that the recipient is or could become the target of a
particular terrorist activity or conspiracy, or when the information is relevant to the protection of
life, property, or other vital interests of a person.
VV. To clerks and judges of courts exercising naturalization jurisdiction for the purpose
of granting or revoking naturalization.
WW. To federal, state, local, tribal, territorial, foreign, or international agencies, after
discovery of such information, if DHS determines: (1) The information is relevant and necessary
to that agency’s decision concerning the hiring or retention of an individual, or issuance of a
security clearance, license, contract, grant, or other benefit; and (2) Failure to disclose the
information is likely to create a substantial risk to government facilities, equipment, or
personnel; sensitive information; critical infrastructure; or public safety.
XX. To an appropriate federal, state, local, tribal, regional, foreign, or international law
enforcement agency, where use is consistent with the official duties of the recipient agencyand
the requirements set forth in a related memorandum of agreement between DHS and the recipient

agency authorizing information sharing through LEISS for the purpose of criminal law
enforcement, homeland security, or to support applicant background investigations for ICE law
enforcement partners.
YY. To an appropriate federal, state, local, tribal, territorial, foreign, or international
agency and third-party organizations assisting in the repatriation of non-citizens who are
returning voluntarily to their home countries.
ZZ. 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 be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Records may be
retrieved by name, biometric identifiers, identification numbers including, but not limited to, ANumber, fingerprint identification number, Social Security number, case or record number if
applicable, case related data, or a combination of other personal identifiers including, but not
limited to, date of birth and nationality.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: ICE
retains records in accordance with an applicable National Archives and Records Administration
(NARA) General Records Schedule (GRS) or a NARA-approved agency-specific records control
schedule. ICE retains records of arrests, detentions, and removals in the Enforcement Integrated
Database and its modules, such as the ENFORCE Alien Removal Module and the ICE Integrated

Decision Support (IIDS), for seventy-five (75) years pursuant to the Biometric with Limited
Biographical Data Schedule, DAA-563-2013-0001-0006.
The Online Detainee Locator System (ODLS) uses an extract of Enforcement Integrated
Database data about current detainees and detainees that were released during the last sixty (60)
days. Records are retained in the Online Detainee Locator System for as long as they meet the
extract criteria in accordance with the schedule, N1-567-11-7. The electronic Travel Document
System (eTD) stores travel documents for twenty (20) years after the issuance of a travel
document or denial letter in accordance with the schedule, DAA-0567-2017-0004. Alternatives
to Detention program records are retained for seven (7) years after the individual has been
removed from the Alternatives to Detention program and is no longer being monitored in
accordance with the schedule, DAA-567-2018-0001-0001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: DHS/ICE
safeguards records in this system according to applicable rules and policies, including all
applicable DHS automated systems security and access policies. DHS/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.
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, DHS/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 Chief Privacy Officer and
ICE FOIA Officer whose contact information can be found at http://www.dhs.gov/foia. If an
individual believes more than one component maintains Privacy Act records concerning them,

the individual may submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington, D.C. 20528-0655 or
electronically at https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form. Even if
neither the Privacy Act nor the Judicial Redress Act provide a right of access, certain records
about an individual may be available under the Freedom of Information Act.
When seeking records about oneself from this system of records or any other
Departmental system of records, an individual’s request must conform with the Privacy Act
regulations set forth in 6 CFR Part 5. The individual must first verify their identity, meaning that
they must provide their full name, current address, and date and place of birth. The individual
must sign the request, and their signature must either be notarized or submitted under 28 U.S.C.
sec. 1746, a law that permits statements to be made under penalty of perjury as a substitute for
notarization. While no specific form is required, one may obtain forms for this purpose from the
Chief Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or
1-866-431-0486. In addition, individuals should:
•

Explain why they believe the Department would have information on them;

•

Identify which component(s) of the Department they believe may have the information
about them;

•

Specify when they believe the records would have been created; and

•

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 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 Department record about the individual 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 to support the
request. If the individual believes that the same record is in more than one system of records, the
request should state this belief and be addressed to each component that maintains a system of
records containing the record.
NOTIFICATION PROCEDURES: See “Record Access procedure.”
EXEMPTIONS PROMULGATED FOR THE SYSTEM: The Secretary of Homeland
Security, pursuant to 5 U.S.C. sec. 552a(j)(2), has exempted this system from the following
provisions of the Privacy Act: 5 U.S.C. secs. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g). Additionally, the Secretary of Homeland Security,
pursuant to 5 U.S.C. sec. 552a(k)(2), has exempted this system of records from the following
provisions of the Privacy Act: 5 U.S.C. secs. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and (f).
When a record received from another system has been exempted in that source system under 5
U.S.C. secs. 552a(j)(2) or (k)(2), DHS will claim the same exemptions for those records that are
claimed for the original primary systems of records from which they originated and claim any
additional exemptions set forth here.
HISTORY: 81 FR 72080 (November 18, 2016); 80 FR 24269 (April 30, 2015); 80 FR 11214
(March 2, 2015); 75 FR 23274 (May 3, 2010); 75 FR 9238 (March 1, 2010); 74 FR 20719 (May
5, 2009); 74 FR 5665 (January 30, 2009); 74 FR 4965 (January 28, 2009).
Mason C. Clutter,
Chief Privacy Officer,

Department of Homeland Security.
[FR Doc. 2024-14768 Filed: 7/3/2024 8:45 am; Publication Date: 7/5/2024]