Privacy Act of 1974; Implementation
Key claim: The Justice Department proposes to let immigration-court investigators keep fraud-and-abuse files secret from the people in those files, so suspects cannot see or correct the records.
Abstract
(Proposed Rule · Justice Department) In the Notice section of today’s Federal Register, the Executive Office for Immigration Review (EOIR), a component within the United States Department of Justice (DOJ or Department), has published a notice of a new system of records titled “Fraud and Abuse Prevention Program Records” and numbered JUSTICE/EOIR-006. This system of records is exempt from U.S.C. 552a©(3) and (d) pursuant to 5 U.S.C. 552a (k)(2). EOIR proposes to exempt this system of records from certain provisions of the Privacy Act in order to protect law enforcement sensitive materials maintained in the system. For the reasons provided below, the Department proposes to amend its Privacy Act regulations by exempting records in this system from certain provisions of the Privacy Act. Public comment is invited.
[This finding represents 2 closely related documents issued 2026-10-15 (same source, same action). Related: fedreg:2026-21060]
Why this matters
Immigration-court fraud investigations by EOIR touch attorneys, accredited representatives, interpreters, and respondents whose cases may hinge on contested evidence. A (k)(2) exemption shields the investigative file from the subject, limiting their ability to review or correct derogatory information that could influence disciplinary referrals, bar complaints, or removal proceedings. The practical scope is narrow but consequential for anyone flagged by EOIR’s anti-fraud unit.