Comment Submitted by Charles F. Fulghum, Jr., DPA Candidate, University of LaVerne

September 17, 2010 Department of Homeland Security Attn: Donald K. Hawkins Privacy Officer, U.S. Citizenship and Immigration Services 20 Massachusetts Avenue, NW. Washington, DC 20529 Re: Docket No. DHS–2010–0068 Mr. Hawkins, After review of the proposed exemptions to the provisions set forth in the Privacy Act of 1974, I concur with the agencies rule changes, with reservations. The language in the proposal is strikingly similar to that of the language used in past proposed rulemaking changes (Docket No. DHS-2008-0183). That final rule affected exemptions for the Advanced Passenger Information System (APIS) in 2008. Included in the final rule was a list of assessments that the Government is required to make regarding regulatory impacts, The Paperwork Reduction Act of 1995, Executive Orders 13132 (Federalism), and Environmental Analysis and Energy Impacts. My concern is with the EO 13132 and the Unfunded Mandates Assessment. Should DHS find that there are any negative impacts or escalating costs associated with this proposal, aside from the annual operating budgets ($15b in 2008 for CBP and ICE) for those engaged in law enforcement and USCIS activity, concurrence may be retracted. This includes the possible negative impacts on states and local governments due to moving borders (Pham, H. (2009). When Immigration Borders Move . Florida Law Review , 1115-1164). In addition, my findings indicate the arguments for the positive implementation of the proposed system (CIDR) and exemptions are consistent with that of the 2008 APIS proposal. Since the mission of DHS, more appropriately USCIS in this case, is to gather personally identifiable information (PII) from immigrants and non-immigrants for the purposes of adjudicating and granting immigration benefits, the context of this activity is clear. The collection of PII is for the prevention of fraud, crime, and preservation of our national security. Therefore, there is social value and relatively posi