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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: September 24, 2001 (Volume 66, Number 185)]
[Page 48890-48891]
From the Federal Register Online via GPO Access []

[AAG/A Order No. 245-2001]

 Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), the Immigration and Naturalization Service (INS), Department of 
Justice, proposes to modify the following system of records-previously 
published December 16, 1999 (64 FR 70290):

Worksite Enforcement Records, JUSTICE/INS-025

    INS proposes: (1) To revise the title of the system to accurately 
convey the records within the system; (2) to reflect that the system is 
now located in all district offices and sub-offices instead of just 
specific field offices; (3) to add an additional category of 
individuals covered by the system; (4) to clarify records within the 
system; (5) revise the ``Purpose'' to emphasize the inspection function 
of the system; (6) add two routine use disclosures (J and K); (7) 
modify the ``Retention and Disposal'' section to include a disposition 
for verification records; and (8) to make minor changes and edits.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment on the modifications to the 
system and the new routine use disclosures. The Office of Management 
and Budget (OMB), which has oversight responsibilities review of the 
system. Therefore, please submit any comments by (30 days from the 
publication date of this notice). The public, OMB, and the Congress are 
invited to send written comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.

    Dated: September 18, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.

System Name:
    Worksite Enforcement Records.

System Location:
    Immigration and Naturalization Service (INS) Headquarters, 
Regional, district, and sub-offices as detailed in Justice/INS-999, 
last published April 13, 1999 (64 FR18052). Currently, only the 
district and sub-offices maintain the hard copy case files for this 
system. Automated indices are maintained at INS Headquarters, regional 
and district offices, and sub-offices.

Categories of Individuals Covered by the System:
    The records maintained in this system of records concern the 
    (a) Individuals who are or have been the subject of inquiries or 
investigations conducted by the INS related to the enforcement of the 
employment control provisions of the Immigration and Nationality Act 
(INA) and related criminal statutes. The records primarily involve 
those individuals who are being investigated or have been investigated 
to determine whether their employment-related activities (e.g., hiring, 
recruiting, and/or referring for a fee) are in violation of the 
employment control provisions of the INA and/or related criminal 
statutes. These records also include individuals who employ others in 
their individual capacity whether related to a business activity or 
not; (b) individuals who are witnesses, complainants, and parties who 
have been identified by the INS or by other government agencies or 
parties to an investigation related to worksite enforcement activities; 
and (c) individuals who have submitted completed Form I-9 (Employment 
Eligibility Verification Form) and other documentation to establish 
identity and work eligibility/authorization under the employment 
control provisions of the INA. In addition, the system will include 
information necessary to verify the information attested to on I-9 

Categories of Records in the System:
    Information relating to investigative actions including: letters; 
memoranda; reports of investigations with related exhibits, statements, 
affidavits, or records obtained during investigations (i.e., including 
employment verification records); prior criminal or non-criminal 
records of individuals as they relate to the investigations; reports to 
or from other law enforcement bodies; information obtained from 
informants; information on the nature of allegations made against 
suspects and identifying data concerning such suspects; and related 

Authority for Maintenance of the System:
* * * * *

    The purpose of the system(s) is to enable the INS to meet its 
obligations and responsibilities in administering and enforcing the 
employment control provisions of the INA and related criminal statutes. 
Records in this system are used in the course of INS investigations of 
entities or individuals (e.g., employers, employees, independent 
contractors, sub-contractors) suspected of having committee illegal 
acts and in the course of conducting related civil proceedings, 
criminal prosecutions, or administrative actions. The records are also 
used to facilitate INS' inspection authority to monitor and evaluate 
the information contained on all I-9 forms under inspection, regardless 
of whether suspicion of wrongdoing exists on the part of the person who 
executed the Form I-9. Finally, records are also maintained for 
statistical purposes.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Use:
* * * * *
    C. To the General Services Administration (GSA) and National 
Archives and Records Administration (NARA) in records management

[[Page 48891]]

inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
* * * * *
    J. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
    K. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
of Justice may disclose relevant and necessary information 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.
* * * * *

Retention and Disposal:
    Records concerning fines and/or prosecutions are retained for up to 
25 years after the case is closed and then destroyed. Administrative 
cases involving compliance and warning notices are retained for up to 
seven years and then destroyed. Lastly, records involving a 
verification of information only are retained for up to three years and 
then are destroyed. This additional retention disposition is pending 
approval by NARA.
* * * * *
[FR Doc. 01-23726 Filed 9-21-01; 8:45 am]

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