WASHINGTON, D.C. Personal information regarding
Immigration and Naturalization Service (INS) detainees will be
handled in a uniform manner, under an interim rule submitted
for publication in the Federal Register. The rule, which took
effect April 17, 2002, ensures that all detainee information
will be handled in accordance with Federal law, including the
Freedom of Information Act, regardless of whether the detainee
is housed at a Federal, state, or local facility.
Approximately half of INS 19,000 detainees are held in
state and local facilities while facing removal and
immigration court proceedings.
Unlike federal law, the laws of some states may not
adequately accommodate vital national security, law
enforcement, and privacy concerns. This rule, which takes
effect immediately and covers all pending and future requests
for detainee information, will cover all INS detainees being
housed temporarily at the facilities on behalf of INS. The
rule clarifies that officials at non-federal detention
facilities will not release information relating to detainees,
reserving the decision for release of such information to INS.
As recent events have made clear, information regarding
certain federal detainees is extremely sensitive; disclosure
of that information could provide terrorist organizations
important information that could threaten the national
security and the lives of American citizens.
Disclosure of the identities or related personal
information about certain detainees could reveal intelligence
and investigative methods, sources, and witnesses as well as
the direction, progress, and scope of an investigation, and
thereby assist terrorist organizations in counteracting
investigative efforts by the United States government.
Further, the detainee could be subjected to intimidation or
harm, thereby discouraging him or her from supplying valuable
information or investigative leads in the future.
The need for the rule was highlighted by a New Jersey court
order requiring county officials to release information
regarding federal detainees pursuant to state law.
INS
