9.6 – Privacy Act

The Privacy Act permits an individual to gain access to records or any information pertaining to that individual which is contained in a system of records, subject to certain limitations and exemptions.  The Privacy Act applies only to records of United States citizens or lawful permanent residents.  5 U.S.C. § 552a(a)(2).  Most records maintained by EOIR related to immigration proceedings are not of United States citizens or lawful permanent residents, and EOIR can easily separate those that are.  Please note that, pursuant to 28 C.F.R. §§ 16.83, 16.84, the Privacy Act cannot be used as a correction mechanism for "official records," i.e., information contained in an EOIR record of proceedings (ROP).

Requests for amendment of correction of records should be marked PRIVACY ACT AMENDMENT REQUEST and addressed to:

Office of the General Counsel
Attn: Michelle Curry
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1903
Falls Church, VA 22041

More information on Privacy Act requests is available on EOIR's website and the Department of Justice's Office of Privacy and Civil Liberties website.