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EOIR Policy Manual

EOIR Policy Manual
Part I - Introduction

6.3 - Privacy Act Requests

(a) Access Requests

The Privacy Act permits an individual to gain access to records or any information pertaining to that individual which is contained in a system of records, subject to certain limitations and exemptions.  Privacy Act requests are more limited than FOIA requests and generally can be made only by (a) U.S. citizens or aliens lawfully admitted for permanent U.S. residence, (b) who are seeking information about themselves, (c) which is maintained in a system of records and accessed using their names or other personal identifiers.  Even if a request does not mention the Privacy Act, the Department of Justice automatically treats applicable requests as being made under both the FOIA and the Privacy Act.  In this way, requesters receive the maximum amount of information available to them under the law.  EOIR generally processes Privacy Act access requests in the same manner as FOIA or ROP requests.  Please submit a Privacy Act access request in accordance with Sections 6.1 or 6.2 above.

(b) Amendment or Correction Requests

The Privacy Act also permits an individual to request an amendment or correction of a record pertaining to that individual, subject to certain limitations and exemptions.  The procedure for requesting amendment or correction of EOIR records in accordance with the Privacy Act can be found on the Department of Justice website.  Requests for amendment or correction of EOIR records should be marked PRIVACY ACT AMENDMENT REQUEST and may be emailed to EOIR.Privacy.Intake@usdoj.gov or mailed to:

Office of the General Counsel

Attn: EOIR Senior Component Official for Privacy 
Executive Office for Immigration Review 
5107 Leesburg Pike, Suite 2600 
Falls Church, VA 22041

Please note that some DOJ records are not subject to amendment or correction:

  1. Transcripts of testimony given under oath or written statements made under oath;
  1. Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings, which are the official record of those proceedings;
  1. Presentence records that originated with the courts; and
  1. Records in systems of records that have been exempted from amendment and correction in accordance with the Privacy Act, 5 U.S.C. § 552a(j) or (k), by notice published in the Federal Register. 

 

A copy of EOIR’s published systems of records notices are available on DOJ’s website and identify which EOIR records may not be amended or corrected under the Privacy Act.

Importantly, ROPs and eROPs may not be amended or corrected through a Privacy Act request.  See 28 C.F.R. §§ 16.83-16.84.  The ROP and eROP constitute official records which include transcripts of quasi-judicial administrative proceedings, investigatory materials, and evidentiary materials such as exhibits, decisional memoranda, and other case-related papers.  Administrative due process could not be achieved by ex parte correction (outside of the official immigration proceeding).