System Notice for Law Enforcement Support Center (LESC) Database
JUSTICE/INS-023
SYSTEM NAME:
Law Enforcement Support Center Database.
SYSTEM LOCATION:
Immigration and Naturalization Service (INS), Law Enforcement Support Center (LESC), Eastern Regional Office Building, 188 Harvest Lane, Williston, Vermont 05495.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Immigrants that have the status of legal permanent resident and/or United States citizen and who are either the subject of an investigation, or have been arrested, charged with and/or convicted of criminal or civil offenses which could render them deportable or excludable under the provisions of immigration and nationality laws.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records include: Biographic identifiers (e.g. name, alien registration number, date and place of birth, social security number, Federal Bureau of Investigation number); investigatory and criminal history information; booking number; passport number; correctional inmate identifiers and any other information that would enable INS to gather additional evidence, respond to law enforcement queries, and/or to determine the status and/or deportability/excludability of an individual. In addition, the system will include criminal alien inquiries and INS responses.
AUTHORITY FOR MAINTENANCE OF RECORDS:
(1) 8 U.S.C. 1103 and 1252; (2) 21 U.S.C. 802 and section 7343 of the Anti-Drug Abuse Act of 1988, (Pub. L. 100-690); and (3) Section 504 of the Immigration Act of 1990 (Pub. L. 101-649).
PURPOSE (S):
The database will provide an efficient means to manage and maintain investigatory information which has been collected from a variety of external sources such as the law enforcement community, and from internal sources (including other INS automated systems). This database will allow authorized personnel to respond to specific criminal alien inquiries from law enforcement agencies who wish to determine the immigration status of the individual, and whether they are under investigation and/or wanted by INS. In particular, it will enable INS to comply with a requirement of the Anti-Drug Abuse Act of 1988, Pub. L. 100-690, that states the INS will maintain (on a 24-hour basis) resources to identify individuals arrested as aggravated felons. In addition, the system of records will permit INS to facilitate the processing of individuals for deportation and expulsion proceedings. Finally, it will enable INS to determine whether previous law enforcement inquiries have been received concerning alleged criminals and, through statistical or other analyses, to evaluate the success of its enforcement efforts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
Relevant information contained in this system of records may be disclosed to the following:
A. To other federal, state, local, or foreign government law enforcement and regulatory agencies, including the Department of Defense and all components thereof, the Department of State, the Department of the Treasury, the Central Intelligence Agency, the United States Coast Guard, INTERPOL and individuals and organizations during the course of investigations in the processing of a matter, or during a proceeding within the purview of the immigration and nationality laws to elicit information required by INS to carry out its functions and statutory mandates.
B. Where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law (whether civil, criminal or regulatory in nature), to the appropriate agency (whether Federal, State, local or foreign), charged with the responsibility of investigating or prosecuting such violations, or charged with enforcing or implementing the statute, rule, regulation or order issued pursuant thereto; or in any case to federal, state, local, or foreign agencies as otherwise needed to perform their law enforcement responsibilities.
C. In a proceeding before a court or adjudicative body before which INS or the Department of Justice (DOJ) is authorized to appear when any of the following is a party to litigation or has an interest in litigation and such records are determined by INS or DOJ to be arguably relevant to the litigation. The DOJ, or any DOJ component or subdivision thereof; any DOJ employee in his/her official capacity; any DOJ employee in his/her individual capacity where the DOJ has agreed to represent the employee; or the United States where INS or the DOJ determines that the litigation is likely to affect it or any of its subdivisions.
D. To an actual or potential party or his or her attorney for the purpose of negotiation or discussion on such matters as settlement of the case or matter, or informal discovery proceedings.
E. To General Services Administration and National Archives and Records Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
F. To a Member of Congress, or staff acting on the Member's behalf, when the Member or staff requests the information on behalf of and at the request of the individual who is the subject of the record.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE: These records are stored in electronic and hardcopy format. Electronic records are stored on magnetic or optical media (i.e., computer hard drives, floppy disks, tapes and optical disks). Hardcopy records (printouts) are stored in locked file cabinets.
RETRIEVABILITY: These records are retrieved by name, alien registration number(s), date of birth, booking number(s), FBI criminal history number(s), state criminal history number(s), social security number, passport number, inmate number and/or other personal identifiers
SAFEGUARDS: These records are located in a secured government office. Physical access to hardcopy records and computer terminals is limited to INS employees who require access in the performance of their official duties. The LESC application is further restricted through the use of unique personal identification numbers and passwords.
RETENTION AND DISPOSAL: In accordance with General Records Schedule 20, Items 5 and 6, Electronic Records.
SYSTEM MANAGER(S) AND ADDRESS: Director, Law Enforcement Support Center, Eastern Regional Office, Immigration and Naturalization Service, 188 Harvest Lane, Williston, VT 05495.
NOTIFICATION PROCEDURES: Inquiries should be addressed to the system manager noted above or to the FOIA/PA Officer at the same address.
RECORD ACCESS PROCEDURES: This system is exempted from this requirement pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this system of records is not subject to exemption, it is subject to access. A determination as to the granting or denial of access shall be made at the time a request is received. Requests for access to records in this system must be in writing, and should be addressed to the System Manager or the FOIA/PA Officer at the Eastern Regional office. Such request may be submitted either by mail or in person. The envelope and letter shall be clearly marked ``Privacy Access Request.'' To identify a record, the record subject should provide his or her full name, date and place of birth, verification of identity (in accordance with 8 CFR 103.21(b)), and any other identifying information which may be of assistance in locating his or her record. He or she shall also provide a return address for transmitting the records to be released.
CONTESTING RECORD PROCEDURES: This system is exempted from this requirement pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). To the extent that this system of records is not subject to exemption, it is subject to access and contest. A determination as to the granting or denial of a request shall be made at the time a request is received. An individual desiring to request amendment of records maintained in the system should direct his or her request to the System Manager or the FOIA/PA officer at the Eastern Regional office as indicated under “Records Access Procedures.'' The request should state clearly what information is being contested, the reasons for contesting it and the proposed amendment to the information.
RECORD SOURCE CATEGORIES: Federal, state, and local criminal justice agencies (e.g., prosecutors, correctional institutions, police departments and inspectors general).
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: The Attorney General has exempted this system from subsection (c) (3) and (4); (d); (e) (1), (2), (3), (5) and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the system has been exempted from subsections (c)(3); (d) and (e)(1) pursuant to 5 U.S.C. 552a(k)(2). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and have been published in the Federal Register as additions to Title 28, Code of Federal Regulations (28 CFR 16.99).