System Notice for Worksite Enforcement Activity Record and Index (LYNX)

Secs. 103, 274, 274a, 287 and 290 of the Immigration and Nationality Act (INA), as amended (8 U.S.C. 1103, 1324, 1324a, 1357, and 1360), and regulations pursuant thereto.

  

PURPOSE(S):

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 PURPOSES OF SUCH USES:

A.      To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

B.      To a Member of Congress or staff acting upon 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.

C.      To the General Services Administration (GSA) and National Archives and Records Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

D.      To complainants and/or victims to the extent necessary to provide such persons with information and explanations concerning the progress and/or results of the investigation or case arising from the matters of which they complained and/or of which they were a victim.

E.      In the event that records indicate a violation or potential violation of law, whether arising by general statute, or particular program statute, or by rule, regulation, or order pursuant thereto, or if records indicate a violation or potential violation of the terms of a contract or grant, the relevant records may be disclosed to the appropriate requesting agency, whether federal, state, local, foreign, international, or tribal charged with the responsibility of investigating or prosecuting such contract or grant.

F.      To either a Federal, State, local, foreign, international, or tribal agency, and individual, or an organization, when necessary to elicit information which may assist an INS investigation, inspection or audit.

G.      To an administrative forum or other adjudicatory or regulatory requesting agencies, when necessary for such a body to adjudicate decisions affecting individuals that are subject to investigations covered by this system.

H.      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 the litigation or has an interest in the litigation and such records are determined by INS or DOJ to be relevant to the litigation:

1.      The DOJ, or any DOJ component, or any subdivision thereof;

2.      and DOJ employee in his or her official capacity;

3.      any DOJ employee in his or her individual capacity where the DOJ has agreed to represent the employee;

4.      the United States, where INS or the DOJ determines that the litigation is likely to affect it or any of its subdivisions.

I.      To an attorney or representative (as defined in CFR 1.1(j)) who is acting on behalf of an individual covered by this system of records in connection with any proceeding before the INS or the Executive Office for Immigration Review.

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 records.

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.

 

POLICIES AND PRACTICES FOR STORING RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 

    

STORAGE:

Paper records are stored in lockable file cabinets. Those records which can be accessed electronically are stored on magnetic disk and tape.

    

RETRIEVABILITY:

Records may be retrieved by name and/or case number.

 

SAFEGUARDS:

INS offices are located in buildings under security guard, and access to the premises is by official identification. All records are stored in a space which is locked outside of normal office hours.  In addition, paper records are stored in locked cabinets or machines.  Access to the automated system is controlled by restricted password for use at remote terminals in secured areas.

    

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.

 

SYSTEM MANAGER AND ADDRESS:

The system manager is the Executive Associate Commissioner for Policy and Planning, Immigration and Naturalization Service, 425 I Street NW, Washington, DC 20536.

    

NOTIFICIATION PROCEDURES:

Portions of this system are exempted from this requirement under 5 U.S.C. 552a(k)(2). Inquires should be addressed to the system manager listed above or to the FOIA/PA Officer at the INS office where the record is located.

    

RECORD ACCESS PROCEDURES:

Requests for access to records in this system shall be in writing and should be addressed to the appropriate FOIA/PA Officer as indicated above. Such request may be submitted either by mail or in person. If a request for access is made by mail, clearly mark the envelope and letter ``Privacy Access Request." To identify a record relating to an individual, a requester should provide full name, date of birth, verification of identity (in accordance with 8 CFR 103.21(b)), a description of the general subject matter and, if known, the related Property Control Number. The requester shall also provide a return address for transmitting the records to be released.

 

CONTESTING RECORDS PROCEDURES:

Any individual desiring to contest or amend information maintained in this record should direct his or her request to the INS office where the record is maintained or if unknown to the INS FOIA/PA Officer at 425 I Street NW, Washington, DC 20536. The request should clearly and concisely state the information being contested, the reason(s) for contesting it, and the proposed amendment thereof.  Clearly, mark the envelope "Privacy Act Amendment Request." 

 

RECORD SOURCE CATEGORIES:

Official reports of investigations; subjects of the investigations; individuals with whom the subject are associated; witnesses; officials of Federal, State, local and foreign law enforcement agencies; private citizens; and informants.

 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

The Attorney General has exempted portions of this system from subsections (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 Attorney General has exempted portions of this system from subsections (c)(3), (d), and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (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 as of this date in the Federal Register and proposed as additions to Title 28, Code of Federal Regulations (28 CFR 16.99).