Privacy Act protections could be narrowed for certain records maintained by the Executive Office for Immigration Review under a Justice Department proposal published October 15, 2026.
The proposed rule would exempt records in EOIR’s new Fraud and Abuse Prevention Program system from selected Privacy Act access and amendment requirements that allow people to request access to records about themselves and seek amendments to inaccurate information.
The system, identified as Fraud and Abuse Prevention Program Records and numbered JUSTICE/EOIR-006, is designed to hold information connected to complaints and investigations involving suspected immigration fraud, immigration scams and the unauthorized practice of immigration law in EOIR proceedings.
The Privacy Act proposal is not a final rule.
The Department of Justice is accepting written comments until November 16, 2026.
Table of Contents
What the Privacy Act proposal would change
The Justice Department is proposing to amend 28 CFR part 16 by adding an exemption to section 16.83, which governs limited access to certain EOIR records systems.
The proposed exemption would cover two Privacy Act provisions: 5 U.S.C.
552a(c)(3) and 5 U.S.C.
552a(d).
Section 552a(c)(3) generally concerns an individual’s ability to learn which government agencies or other recipients have received records about that person through authorized disclosures.
Section 552a(d) generally provides rights to access records maintained about an individual and request correction or amendment of information that is inaccurate, incomplete, irrelevant or untimely.
Under the Privacy Act proposal, the exemption would allow EOIR to withhold covered information when disclosure could reveal an investigation, expose confidential sources or witnesses, identify law enforcement personnel, or disclose evidence and investigative methods.
The Department said those disclosures could interfere with investigations by allowing a subject to avoid detection, influence witnesses, destroy evidence or fabricate testimony.
Which immigration records would be covered
The Privacy Act proposal concerns records collected by EOIR’s Fraud and Abuse Prevention Program, which operates within the agency’s Office of the General Counsel.
EOIR handles immigration court proceedings, appeals before the Board of Immigration Appeals and certain administrative hearings under authority delegated by the Attorney General.
Within that structure, the Fraud Program receives, tracks, manages, investigates and responds to reports of suspected fraud, abuse and unauthorized legal practice connected to EOIR proceedings.
The records may concern complainants, witnesses, people accused of alleged misconduct and EOIR employees or members of the public who report or observe suspected fraud.
EOIR said the program may refer complaints to federal, state, local, territorial or tribal law enforcement agencies and disciplinary authorities when further investigation is appropriate.
Referrals may involve suspected civil or criminal violations, alleged misrepresentation, fraudulent applications or documents, immigration scams or conduct by attorneys and accredited representatives appearing in immigration proceedings.
The new system of records was published separately by EOIR on the same date as the proposed exemption rule.
Why the Justice Department says an exemption is necessary
The Department’s central argument is that ordinary access and amendment rights under the Privacy Act could expose sensitive details before an investigation is complete.
For example, a person under investigation could learn that a complaint exists, discover what evidence investigators have collected or identify the people who provided information.
The Department said that information could compromise the investigation and create safety risks for confidential sources, witnesses and law enforcement personnel.
The proposal also reflects the limits of the Privacy Act’s law-enforcement exemption authority.
Under 5 U.S.C.
552a(k)(2), an agency may exempt certain investigatory material compiled for law enforcement purposes from specified Privacy Act requirements when the records meet the statutory conditions.
The proposed rule would not automatically exempt every record associated with an EOIR fraud complaint.
The text says the exemption would apply only to information that qualifies for protection under the law-enforcement provision and relates to official federal investigations or law-enforcement matters.
EOIR could also waive an applicable exemption when complying with a request would not appear to interfere with or adversely affect the broader law-enforcement or regulatory process.
What the proposal does not mean
The Privacy Act proposal would not create a new immigration benefit, change eligibility for relief from removal or alter the procedures for filing an immigration court case.
It also would not establish that any person named in an EOIR record committed fraud or another violation.
Records may include allegations, reports, witness information and investigative material, and the existence of a record does not by itself establish wrongdoing.
The proposal also would not eliminate every way a person may obtain immigration case records.
EOIR continues to provide procedures for parties and eligible representatives to request a Record of Proceeding from an immigration court or the Board of Immigration Appeals.
Individuals may also use the agency’s FOIA and Privacy Act processes for records requests, subject to applicable exemptions, identity verification requirements and other legal restrictions.
The proposed exemption is directed specifically at the new fraud-program system and the sensitive information maintained for investigative purposes.
Who may be affected
The Privacy Act proposal may affect people who are the subjects of suspected immigration fraud investigations before EOIR.
It may also affect complainants, witnesses, immigration court personnel, attorneys, accredited representatives and members of the public whose information is included in a fraud-program record.
Attorneys and accredited representatives could be affected when a complaint concerns alleged misconduct, misrepresentation or unauthorized practice connected to representation before EOIR.
Immigration advocates and legal organizations may also have an interest because the proposal addresses how investigative information is protected and how much information may be disclosed to people identified in those records.
The practical impact will depend on how EOIR applies the exemption after the rulemaking process and whether the Department makes changes in response to public comments.
How to submit a public comment
Written comments must be received by November 16, 2026.
Electronic comments may be submitted through Regulations.gov, and commenters should identify CPCLO Order No. 014-2026 in the subject field.
The Department also lists email, fax and mail submission methods in the Federal Register notice.
Email comments may be sent to [email protected], while mailed comments may be addressed to the Department of Justice Office of Privacy and Civil Liberties, Attention: Privacy Analyst, Two Constitution Square, 145 N Street NE, Suite 8W-300, Washington, DC 20530.
The Department asks electronic commenters to submit comments before midnight Eastern Time on November 16 because Regulations.gov may stop accepting submissions at that time.
People submitting comments should remember that comments generally become part of the public record.
The notice explains how commenters can identify personal identifying information or confidential business information for possible redaction, although the Freedom of Information Act may still apply to submitted materials.
What happens next
After the comment period closes, the Justice Department may issue a final rule, revise the proposal, withdraw it or take another action allowed by the rulemaking process.
The October 15 notice does not state that the exemption is already effective as a final regulation.
Until further action is taken, people with questions about an EOIR fraud complaint, a pending immigration proceeding or a records request should use the appropriate EOIR contact or consult a qualified immigration attorney.
People who want to report suspected fraud, scams or unauthorized legal practice can contact EOIR’s Fraud and Abuse Prevention Program through the reporting procedures listed by the agency.
Frequently Asked Questions
Is the EOIR Privacy Act exemption final?
No. The Justice Department published a proposed rule on October 15, 2026, and is accepting comments through November 16, 2026.
What records would the proposed rule cover?
The proposal concerns records in EOIR’s Fraud and Abuse Prevention Program Records system, JUSTICE/EOIR-006, involving suspected immigration fraud, scams and unauthorized practice of immigration law connected to EOIR proceedings.
What Privacy Act rights could be limited?
The proposal would exempt qualifying records from provisions concerning access to records about an individual, amendment requests and accounting for certain disclosures.
Does being named in an EOIR fraud record prove wrongdoing?
No. A complaint or investigative record may contain allegations or information from witnesses, and the existence of a record does not establish that a violation occurred.
How can the public comment?
Comments may be submitted through Regulations.gov or by email, fax or mail using the instructions in the Federal Register notice. Comments must be received by November 16, 2026.
Fact-Checked: The article was checked against the October 15, 2026 Federal Register proposed rule, the related EOIR system-of-records notice and current EOIR records and fraud-reporting guidance. ([federalregister.gov](https://www.federalregister.gov/documents/2026/10/15/2026-21063/privacy-act-of-1974-implementation))
Disclaimer: This article is for general information and does not provide legal advice. The proposal may change before any final rule is issued.
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