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DHS/ICE/PIA-057 Angel Watch Program Page 1 Privacy Impact Assessment for the Angel Watch Program DHS Reference No. DHS/ICE/PIA-057 August 10, 2020 Privacy Impact Assessment DHS/ICE/PIA-057 Angel Watch Program Page 1 Abstract The U.S. Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) operates the ICE Angel Watch Program (AWP). The AWP mission is to proactively identify individuals who have been convicted of sexual crimes against children and have upcoming travel to a foreign country, in order to notify law enforcement and/or border security in the destination country. In 2016, AWP was codified by the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders (International Megan’s Law or IML).1 This Privacy Impact Assessment (PIA) assesses the privacy risks presented by AWP’s operations, including its disclosures to U.S. Government agencies and foreign law enforcement and border security agencies, under IML. Overview The Angel Watch Center (AWC), which administers the AWP, is led by the ICE Office of Homeland Security Investigations (HSI) Cyber Crimes Center (C3) in coordination with the U.S. Customs and Border Protection (CBP) National Targeting Center (NTC) and the U.S. Marshals Service (USMS) National Sex Offender Targeting Center (NSOTC). The purpose of the AWP is to identify U.S. citizens (USC) and lawful permanent residents (LPR) (collectively referred to as U.S. persons) who (1) have a conviction for a sexual crime against a child and (2) have upcoming international travel. After identifying individuals who meet the IML definition of covered sex offender who have upcoming international travel, AWP notifies foreign law enforcement or border security officials in the destination countries of the covered sex offenders’ upcoming travel either via HSI Attaché or CBP liaison offices. The notification (also known as referral) serves to: • Reduce the risk of U.S. persons engaging in child sex tourism in foreign countries; • Enable foreign countries to make fully informed decisions relating to admissibility, border inspections, surveillance or investigative measures, or any other action deemed appropriate with respect to the covered sex offender; and • Encourage foreign countries to provide the United States with notifications when foreign nationals convicted of sexual crimes against children are traveling to the United States.2 Identification of Covered Sex Offenders and Determination of Whether to Notify Foreign Counterparts 1 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, Pub. L. No. 114-119, 130 Stat 15 (2017) (current version at 22 U.S.C. § 212b). 2 Reciprocal notifications for foreign offenders (i.e., non-U.S. persons) traveling to the United States are received under the AWP, but very seldom. AWP averages less than a half-dozen notification receipts per year. When such notifications are received, the information is provided to CBP for appropriate action when encountering the non- U.S. person or USMS for sex offender registry purposes. Privacy Impact Assessment DHS/ICE/PIA-057 Angel Watch Program Page 2 The Aviation and Transportation Security Act (ATSA) of 20013 and the Enhanced Border Security and Visa Reform Act of 20024 mandated the collection of information on all passengers and crew members who arrive in or depart from (and, in the case of crew members, overfly) the United States on a commercial air or sea carrier, in addition to individuals aboard a private aircraft arriving in or departing from the United States. As a result of the 9/11 Commission recommendations, Congress mandated, through the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), that DHS establish a requirement to receive advance passenger information (API) on passengers traveling internationally prior to their departure.5 The information collected (generally in the form of a flight or vessel/ship manifest) can generally be found on routine travel documents that passengers and crew members must provide to CBP when attempting to enter or depart the United States. A passenger manifest that is sent to CBP’s Advance Passenger Information System (APIS)6 typically includes: • Full name; • Date of birth (DOB); • Citizenship; • Alien registration number; • Travel document type and travel document information; and • U.S. destination address (when applicable). AWP personnel (i.e., HSI and CBP analysts) use information maintained in DHS databases and other federal government databases (e.g., National Crime Information Center (NCIC) National Sex Offender Registry (NSOR)7) to identify passengers who have a conviction for a sexual crime against a child. The AWP personnel are responsible for vetting all positive matches to verify that the passenger is the covered sex offender in question. AWP personnel conduct a manual comparison of the available API, NSOR record, Department of State (DOS) Consular Consolidated Database (CCD)8 U.S. passport information, any other U.S. Government data source, 3 Aviation and Transportation Security Act of 2001, Pub. L. No. 107-71, 115 Stat 597 (2001) (current version at 49 U.S.C.). 4 Enhanced Border Security and Visa Reform Act of 2002, Pub. L. No. 107-173, 116 Stat 543 (2002) (current version at 8 U.S.C.). 5 Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. No. 108-458, 118 Stat 3638 (2004) (current version at 50 U.S.C.). 6 See U.S. DEPARTMENT OF HOMELAND SECURITY, CUSTOMS AND BORDER PROTECTION, PRIVACY IMPACT ASSESSMENT FOR THE ADVANCE PASSENGER INFORMATION SYSTEM (APIS), DHS/CBP/PIA-001 (2005 and subsequent updates), available at https://www.dhs.gov/privacy-documents-us-customs-and-border-protection. 7 The National Sex Offender Registry database is owned by the Department of Justice’s (DOJ) National Criminal Information Center (NCIC). See U.S. DEPARTMENT OF JUSTICE, FEDERAL BUREAU OF INVESTIGATION NATIONAL CRIMINAL INFORMATION CENTER (NCIC), available at https://www.fbi.gov/services/cjis/ncic (last visited August 9, 2020). 8 CCD is the official repository of visa and passport information. For additional information, see U.S. DEPARTMENT OF STATE, PRIVACY IMPACT ASSESSMENT FOR THE CONSULAR CONSOLIDATED DATABASE (2018), available at https://www.state.gov/wp-content/uploads/2019/05/Consular-Consolidated-Database-CCD.pdf. Privacy Impact Assessment DHS/ICE/PIA-057 Angel Watch Program Page 3 and/or other publicly available open-source information. If additional information is required during the vetting process, HSI analysts may use ICE’s Investigative Case Management (ICM) system9 as a secondary check to verify the covered sex offender’s criminal history record. Once AWP personnel confirm that the offender has been convicted of a “covered sex offense” as defined by IML, the AWP will notify the HSI Attaché/CBP liaison office responsible for coordinating with the destination country’s designated law enforcement entity. If the offender was convicted for a “covered sex offense” and is required to register anywhere in the United States, notification will be sent to USMS for verification and DOS for the required IML marking. Information Sharing and Notification/Referral Process AWP’s notifications are not an effort to restrict the covered sex offender’s travel, generate an arrest for every notification, or monitor all activities of the covered sex offender. Rather, these notifications are designed to inform the destination countries of a covered sex offender’s upcoming travel for situational awareness. AWP considers existing information sharing agreements with the destination countries as the standard for determining whether notification is warranted. In cases where the AWP determines that a notification is warranted, the covered sex offender’s information is provided to the following entities: 1. USMS NSOTC via encrypted email to verify that the covered sex offender is in compliance with all state and/or federal sex offender registration requirements; 2. The appropriate HSI Attaché/CBP liaison office in the destination country to transmit the notification to the appropriate foreign law enforcement or border patrol agency in the destination country;10 and 3. The DOS Bureau of Consular Affairs via encrypted email, for passport endorsement (i.e., marking the covered sex offender’s passport), as required by IML. Per IML, any notification made to a foreign country through the AWP must first be provided to USMS to confirm registration requirements if the covered sex offender is identified more than 24 hours before departure. For covered sex offenders identified less than 24 hours before departure, notification may be sent to USMS and the HSI Attaché/CBP liaison office simultaneously. The referral to USMS and the HSI Attaché/CBP liaison office contains the following information: • Full name; • Date of birth (DOB); 9 See U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, PRIVACY IMPACT ASSESSMENT FOR THE INVESTIGATIVE CASE MANAGEMENT SYSTEM, DHS/ICE/PIA-045 (2016), available at https://www.dhs.gov/privacy-documents-ice. ICM is not used for maintaining records of each AWC referral. 10 The AWP sends the covered sex offender’s information to the appropriate HSI Attaché/CBP liaison office which then shares a subset of the information with relevant foreign law enforcement officials through whatever information sharing protocols they have in place. Privacy Impact Assessment DHS/ICE/PIA-057 Angel Watch Program Page 4 • U.S. passport
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