National Archives (NARA) Says ICE Detainee Records Schedule Nears Completion

From the National Archives and Records Administration (NARA)

The National Archives and Records Administration (NARA) is in the final stages of its records scheduling review process with U.S. Immigration and Customs Enforcement (ICE) for schedule DAA-0567-2015-0013, Detainee Records. This schedule was originally proposed to NARA on October 26, 2015. NARA published notice of the pending schedule in the Federal Register on July 14, 2017. The schedule, which covers records related to deaths of detainees and allegations of sexual assault and abuse of detainees, received a record number of public comments.  NARA has published a response in the Federal Register and consolidated reply to comments on Regulations.gov. The public now has an additional 45 days to submit comments to NARA specifically related to items proposed for disposition on the schedule. Comments can be made on Regulations.gov, which also has copies of the revised schedule and appraisal memorandum.

This schedule will authorize the disposal of various categories of ICE records over an extended period of time and designate other records for permanent retention in the National Archives, including case files related to detainee deaths in ICE custody. The number of record categories designated as “permanent” has increased by 2. One item was added to the schedule and the disposition of one item proposed as temporary has been changed to permanent. Like all agency schedules, this one must be approved by the Archivist of the United States before it takes effect.

All agencies are required to manage their records under a NARA-approved records schedule, using either the General Records Schedules (GRS) or an agency-specific schedule reviewed and approved by NARA. Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. Agencies may not destroy Federal records without the approval of the Archivist of the United States. The Archivist grants this approval only after thorough consideration of the records’ administrative use by the agency of origin, the rights of the Government and of private people directly affected by the Government’s activities, and whether or not the records have historical or other value. Public review and comment on these records schedules is part of the Archivist’s consideration process.

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