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Photo: CAPS
From: Hansell, Renae M [mailto:Renae.M.Hansell@ice.dhs.gov]
Sent: Monday, May 1, 2017 2:33 PM
To: Fisher, Terri
Cc: Miles, Nelly ; Jones, Machelle
Subject: RE: GA HB452 – Seeking DHS Opinion
Ms. Fisher,
Our prior guidance remains the same, with one exception. Since the issuance of President Trump’s Executive Order, the Privacy Act only applies to U.S. Citizens and lawful permanent residents.
However, as we noted previously, the State of Georgia does not have the authority to release information contained in EID on their website. Furthermore, ICE, CBP and USCIS are the agencies who have control over such information, to include information regarding detainees. 8 C.F.R. Section 236.6 states the following: No person, including any state or local government entity or any privately operated detention facility, that houses, maintains, provides services (Services means ICE, CBP, and USCIS) to, or otherwise holds any detainee on behalf of the Service (whether by contract or otherwise), and no other person who by virtue of any official or contractual relationship with such person obtains information relating to any detainee, shall disclose or otherwise permit to be made public the name of, or other information relating to, such detainee. Such information shall be under the control of the Service and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations and executive orders.
If you need additional information or clarification, please let me know.
Thank you,
Renae
Renae M. Hansell
Deputy Chief Counsel
U.S. Department of Homeland Security
U.S. Immigration and Customs Enforcement
180 Ted Turner Drive, SW, Suite 332
Atlanta, GA 30303
(404) 893-1408
(404) 664-3126
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From: Fisher, Terri [mailto:Terri.Fisher@gbi.ga.gov]
Sent: Thursday, April 20, 2017 10:21 AM
To: Hansell, Renae M
Cc: Miles, Nelly; Jones, Machelle
Subject: GA HB452 – Seeking DHS Opinion
Ms. Hansell –
We corresponded in February 2016 regarding proposed legislation directing the Georgia Bureau of Investigation to post DHS Enforcement Integrated Database information on our public facing website and you provided feedback as to whether it would be allowable to post this information on a public website (see attached GA Senate Bill 6 – Posting of DHS EID Information)
Similar legislation was introduced in the 2017 legislative session and this legislation subsequently passed both houses and will be sent to Governor Nathan Deal for signature. A letter was sent to your attention on April 7th and I am sending a follow-up email to ensure that you received this request. In addition, for your convenience I have attached the letter that was sent (Deputy Chief Counsel – Federal Opinion on HB452) as well as the final version of the legislation (HB 452).
If you have any questions or need additional information, please do not hesitate to ask.
Terri Fisher
Deputy Director, GCIC
Georgia Bureau of Investigation
( 404-270-8631
* terri.fisher@gbi.ga.gov