Immigration fraud records will be managed through a new dedicated system at the Justice Department’s Executive Office for Immigration Review under a notice published October 15, 2026.
Table of Contents
Immigration Fraud Update
The system, called JUSTICE/EOIR-006 or the Fraud and Abuse Prevention Program Records system, is intended to centralize complaints and investigative information involving suspected immigration fraud, abuse and the unauthorized practice of immigration law.
The notice gives the public, the Office of Management and Budget and Congress until November 16, 2026, to submit comments on the system’s proposed routine uses.
What EOIR’s new records system does
EOIR said the system will support its Fraud and Abuse Prevention Program as it receives, tracks, manages, investigates and responds to reports connected to immigration proceedings, including suspected immigration fraud.
The program may refer complaints involving immigration fraud to federal, state, local, territorial or tribal law enforcement agencies and disciplinary authorities when appropriate.
EOIR also uses the program to provide training for agency personnel, prepare public education materials and help identify suspected immigration fraud affecting proceedings before immigration judges or the Board of Immigration Appeals.
The new system separates these records from a broader EOIR system that previously covered some fraud-related information.
According to the notice, EOIR-001 was modified in 2025 and now only partially covers Fraud Program records, prompting the agency to create a system specifically for the program.
Who may be included in the records
The system may contain information about people who report suspected immigration fraud, witnesses and individuals who are the subjects of investigations.
It may also include EOIR adjudicators and employees who report, observe or investigate suspected misconduct.
Attorneys, accredited representatives and organizations practicing before EOIR may appear in the records when complaints concern their conduct or representation in matters involving immigration fraud.
Law enforcement and disciplinary authorities that receive referrals may also be identified in the system.
The notice does not state that inclusion in the system proves wrongdoing.
Records can concern allegations of immigration fraud, investigative leads, supporting evidence and communications created while a complaint is being evaluated.
Information that may be collected
EOIR said the system will primarily contain electronic case files and related data.
Those files may include complaints about immigration fraud, contact information, documents submitted by complainants, portions of official immigration records and digital audio recordings of immigration hearings.
Investigative materials may include correspondence, witness statements, memoranda and notes prepared or collected during the review of a complaint.
Records may also show the case number, status, reporting date and closing date for a complaint.
Depending on the matter, the system may contain names and contact information for complainants, witnesses, subjects and referral recipients.
EOIR also listed dates of birth, age, sex, physical descriptors, alien registration numbers and EOIR identification numbers among the types of data that may be maintained.
The agency said the data may be used to prepare statistical reports about the program.
When information may be shared
The proposed routine uses would allow EOIR to share relevant information with the Department of Homeland Security, including USCIS disciplinary counsel, Homeland Security Investigations and the Fraud Detection and National Security Directorate.
EOIR may also disclose information to federal agencies involved in statistical analysis, including the Federal Trade Commission and DHS, when the information is aggregated or de-identified where appropriate.
Records indicating a possible criminal, civil or regulatory violation related to immigration fraud may be referred to the government authority responsible for investigating or enforcing the relevant law.
EOIR may seek information from people or organizations it believes can assist in evaluating suspected immigration fraud, abuse or unauthorized legal practice.
The notice also covers disclosures connected to court proceedings, grand juries, administrative proceedings, litigation, settlements, plea negotiations and discovery.
Other listed uses involve contractors, licensing agencies, congressional offices acting at an individual’s request, the National Archives and Records Administration, inspectors general and government responses to data breaches.
The notice includes a potential disclosure to news organizations and the public under applicable Justice Department rules unless releasing specific information would create an unwarranted invasion of personal privacy.
Privacy protections and record retention
EOIR said electronic records will be stored on agency network drives hosted in the DOJ EOIR Microsoft Azure Cloud and maintained in a FedRAMP-certified cloud-storage environment.
Paper records will generally be digitized and destroyed after quality-control checks confirm that the digital copies are complete and accurate.
Authorized personnel may retrieve records by complainant name, complaint or case number, complaint type, reporting or closing date, status or the name of the subject.
Retrieval is limited to DOJ personnel with a need to know and access may vary according to a user’s role.
The retention schedule provides for different periods depending on the type of record.
- Immigration Fraud and Abuse Prevention Program case files and data are retained for 15 years after cutoff.
- Fraud Program newsletters are disposed of five years after cutoff.
- Working files and items closed without action are retained for three years after cutoff.
EOIR said the system will use access controls, authentication procedures, secure backups, firewalls, vulnerability scans and security logs.
Privacy Act access and correction procedures
Individuals may request access to records about themselves by submitting a written request to the EOIR Freedom of Information Act Service Center.
Requests should include enough identifying information to help EOIR locate the records, such as the person’s full name, date of birth, place of birth and alien registration number when applicable.
If an A-number is unavailable, EOIR says a request may instead need information such as the date of an older charging document, country of origin and location of the immigration hearing.
Requests may be sent by mail, email or through EOIR’s online FOIA Public Access Link.
The request should be signed and either notarized or submitted under penalty of perjury.
Individuals who believe a record is inaccurate may submit a written Privacy Act amendment request explaining what information is disputed and what correction is requested.
However, EOIR is claiming an exemption for certain records under Privacy Act section 552a(k)(2), which covers investigatory material compiled for law enforcement purposes.
The Justice Department said related exemption rules will be published separately at 28 CFR 16.83.
How to submit a comment
Comments on the proposed routine uses must be received by November 16, 2026.
Commenters should reference CPCLO Order No. 013-2026 in their correspondence.
Comments may be sent by mail to the Justice Department’s Office of Privacy and Civil Liberties, by fax at 202-307-0693 or by email to [email protected].
People affected by EOIR proceedings may want to distinguish between commenting on the system’s privacy and disclosure practices and submitting a complaint about suspected immigration fraud.
The Federal Register notice establishes the recordkeeping framework, but it does not announce a finding against any particular person, attorney, representative or organization.
Any complaint or referral handled through the program remains subject to the agency’s investigative procedures and the legal standards applicable to the underlying matter.
Frequently Asked Questions
What is JUSTICE/EOIR-006?
JUSTICE/EOIR-006 is EOIR’s new Fraud and Abuse Prevention Program Records system for complaints and investigative information involving suspected immigration fraud, abuse and unauthorized practice of immigration law.
When is the deadline to comment on the notice?
Comments must be submitted by November 16, 2026.
Does appearing in the system prove immigration fraud occurred?
No. The system may contain complaints, allegations, witnesses and investigative materials, and inclusion does not by itself establish wrongdoing.
Can individuals request records about themselves?
Individuals may submit written Privacy Act access requests through EOIR’s FOIA Service Center, by email or through EOIR’s online FOIA Public Access Link, subject to applicable exemptions.
Fact-Checked: Checked against the Federal Register notice published October 15, 2026, including the November 16, 2026, comment deadline and EOIR record-access procedures.
Disclaimer: This article is general information and is not legal advice; individuals with case-specific concerns should consult a qualified immigration attorney.
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