Comment Submitted by Monique A. Miles, Immigration Reform Law Institute

Dear Ms. Callahan: I write on behalf of the Immigration Reform Law Institute (“IRLI”), the only non-profit public interest law organization in the U.S. that represents the interests of American citizens, lawful permanent residents, civic organizations and communities in immigration-related disputes, and advocates for improved enforcement of immigration and nationality law in the national interest. IRLI clients have a strong interest in preventing aliens from concealing the fact of their temporary or unlawful status, as such concealment is essential to the ability of aliens to remain unlawfully in the United States. IRLI is pleased to submit to the U.S. Department of Homeland Security (“DHS”) its comments and recommendations regarding the AIPR notice, as published in the Federal Register on January 5, 2010. IRLI appreciates the opportunity to comment on this proposed rule because of its implications on U.S. privacy law. IRLI recognizes the desire of DHS to engineer the AIPR system to function as a flexible tool to analyze and manage program workflows, and provide the Asylum Program with statistical reports to assist with oversight of production and processing goals. 75 Fed. Reg. at 410. DHS states that the AIPR will also track security and background check screening, and prevent the approval of any benefit prior to the review and completion of all security checks. Id. Although IRLI applauds DHS’ efforts to maintain modern and up-to-date systems of records, we are concerned by the conflicts that this rule will create between the provisions of the Privacy Act of 1974 (“Act”) and DHS administrative practice.  IRLI opposes DHS’ unlawful extension of the Act’s privacy protections to those other than U.S. citizens and lawful permanent residents in violation of congressional intent and well-settled law. DHS proposes to merge two of its existing legacy IT systems: the Refugees, Asylum, and Parole System (“RAPS”) and the Asylum Pre- Screening System (“APS”) in