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Original Date Announced
April 27, 2017DHS issues new privacy policy guidance making clear that Privacy Act protections will no longer extend to persons other than U.S. citizens and LPRs in accordance with Executive Order (EO) No. 13,768, which states that agencies may no longer extend Privacy Act protections to those who are not U.S. citizens or LPRs. However, decisions regarding the use and protection of information held by DHS must still conform to Fair Information Practice Principles (FIPPs). FIPPs consist of the following principles: Transparency, Individual Participation, Purpose Specification, Data Minimization, Use Limitation, Data Quality and Integrity, Security, and Accountability and Auditing. [ID #854]
Go to article on drive.google.comBiden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 EO 13993 - Revision of Civil Immigration Enforcement Policies and Priorities
On January 20, 2021, President Biden issued Executive Order (EO) No. 13,993, “Revision of Civil Immigration Enforcement Policies and Priorities,” which revoked EO No. 13,768, “Enhancing Public Safety in the Interior of the United States,” of January 25, 2017. EO No. 13,993 requires executive departments and agencies to review any agency actions developed pursuant to EO No. 13,768 and take action, including issuing revised guidance, as appropriate and consistent with applicable law to revoke EO No. 13,768.
View DocumentBiden Administration Action: Revoked/Replaced
May 4, 20222022.05.04 DHS Privacy Policy Regarding Collection, Use, Retention, and Dissemination of Personally Identifiable Information
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On May 4, 2022, the Department of Homeland Security (DHS) issued an Instruction and Directive cancelling the 2017 privacy policy guidance. DHS now treats all individuals’ personal identifying information maintained in DHS systems the same under certain provisions of the Privacy Act, regardless of citizenship or immigration status, so long as the individual’s information is retrievable by a personal identifier in the normal course of agency business.
View DocumentCurrent Status
Not in effectMost Recent Action
May 4, 2022 Action: Revoked/Replaced 2022.05.04 DHS Privacy Policy Regarding Collection, Use, Retention, and Dissemination of Personally Identifiable InformationJanuary 20, 2021Acted on by Biden Administration
May 4, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in Practice Forms and Information CollectionSubject Matter: EnforcementAgencies Affected: DHSAssociated or Derivative Policies
Pre Trump-Era Policies
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January 7, 2009
In January 2007, DHS announced that it would treat all persons’ personally identifiable information, regardless of citizenship, the same under the Privacy Act and extend its protections accordingly (“Mixed Systems policy”). On January 25, 2017, President Trump issued Executive Order (EO) No. 13,768, Enhancing Public Safety in the Interior of the United States, which states that agencies may no longer extend the protections of the Privacy Act to those other than U.S. citizens and Lawful Permanent Residents (LPR). Accordingly, DHS will now treat all persons, regardless of immigration status, consistent with the Fair Information Practice Principles (FIPPs) and applicable law.
DHS Privacy Policy Guidance Memorandum No. 2007-01