EOIR Sets Privacy Exemptions for Fraud and Abuse Records
Published Date: 10/15/2026
Proposed Rule
Summary
The Department of Justice’s Executive Office for Immigration Review is setting up a new record system to catch fraud and abuse, but it’s keeping some info secret to protect law enforcement. This means some privacy rules won’t apply to these records. If you want to share your thoughts, you’ve got until November 16, 2026, to speak up—no money changes, just smarter privacy protection!
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Your Privacy Act access rights narrowed
EOIR created a new system of records called Fraud and Abuse Prevention Program Records (JUSTICE/EOIR-006) and proposes to exempt those records from 5 U.S.C. 552a(c)(3) and (d) under 5 U.S.C. 552a(k)(2). That means you may lose the Privacy Act rights to request access to and amendment of records about you that are in this system if those records relate to investigations. You can submit comments on this proposal by November 16, 2026.
Your reports or complaints may be shared with law enforcement
The Fraud and Abuse Prevention Program maintains records about complainants, witnesses, and subjects and will refer complaints and provide copies of records to appropriate Federal, state, local, territorial, or tribal law enforcement and disciplinary authorities. Those records are described as law enforcement sensitive and are the ones claimed for exemption under 5 U.S.C. 552a(k)(2).
Exemption is limited and can be waived
The exemption only applies to information that qualifies under 5 U.S.C. 552a(k)(2); records that do not relate to official Federal investigations or law enforcement matters are not exempt. EOIR may also waive the exemption when releasing records would not interfere with law or regulatory enforcement.
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