Emergency Justification Memo

U.S. Department of Homeland Security
Washington, DC 20528

December 22, 2025
MEMORANDUM FOR:

Dominic Mancini
Deputy Administrator
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH:

Antoine McCord
Chief Information Officer,
U.S. Department of Homeland Security

Digitally signed by

FROM:

SUBJECT:

J
ANTOINE J ANTOINE
MCCORD
MCCORD Date: 2025.12.22
11:52:58 -05'00'

Digitally signed by
Marcos Charles
MARCOS D
MARCOS
D
Acting Executive Associate Director,
CHARLES
Enforcement and Removal Operations,
CHARLES Date: 2025.12.22
11:11:53 -05'00'
U.S. Immigration and Customs Enforcement,
U.S. Department of Homeland Security

Emergency Request under the Paperwork Reduction Act for
Information Collection: Departure Record Notification, OMB No.
1653-0057, Reinstatement Without Change of a Previously
Approved Collection

This memorandum requests emergency approval of a Reinstatement Without Change of a
Previously Approved Collection from the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA) for the U.S. Immigration and Custom Enforcement
(ICE) collection of information titled Departure Record Notification, OMB No. 1653-0057. The Department of Homeland Security (DHS), in consultation with the ICE, makes this
request, pursuant to the Paperwork Reduction Act (PRA).
Through this collection, DHS collects biographic and biometric data elements, via mobile
application, from aliens who wish to self-depart from the United States. DHS uses that
information to facilitate self-departure of those aliens. DHS seeks reinstatement of this
collection because “public harm is reasonably likely to result if normal clearance procedures are
followed.”1
Under federal law, DHS and its immigration components (ICE, U.S. Customs and Border
Protection, and U.S. Citizenship and Immigration Services) have comprehensive statutory and
regulatory authority to collect biographic and biometric information from aliens. DHS
immigration officers have the authority to apprehend, detain, and remove aliens deemed
1

ICE is seeking emergency approval pursuant to OMB’s regulations implementing the PRA at 5 C.F.R. § 1320.13,
Emergency processing.

deportable or inadmissible to the United States.2 Removable aliens may be subject to detention
pending removal proceedings and removal.3 Additionally, DHS has broad authority to collect
biographic and biometric information from aliens.4
Providing means for compliant aliens to voluntarily report their intended departure allows the
government to focus resources on apprehending aliens who do not intend to depart. Also,
identifying aliens who intend to voluntarily depart the United States will preserve DHS’s
resources expended on apprehension, detention and removal of illegal aliens who will soon
depart the United States.
DHS collects this information through a mobile application, currently CBP Home, which is
accessible via mobile devices (i.e., mobile phones and tablets). The mobile application allows
aliens to voluntarily provide biographic data and a facial image and indicate their intent to
depart. This information collection allows ICE to satisfy its mission.
Emergency Justification
1. Information is Essential to the Mission of the Agency (Required)
On January 20, 2025, the President issued Executive Order 14159, Protecting the American
People Against Invasion. Section 12 states: “The Secretary of Homeland Security shall take all
appropriate action, in coordination with the Secretary of State and the Attorney General, and
subject to adequate safeguards, assurances, bonds, and any other lawful measure, to adopt
policies and procedures to encourage aliens unlawfully in the United States to voluntarily depart
as soon as possible, including through enhanced usage of the provisions of section 240B of the
INA (8 U.S.C. 1229c), international agreements or assistance, or any other measures that
encourage aliens unlawfully in the United States to depart as promptly as possible, including
through removals of aliens as provided by section 250 of the INA (8 U.S.C. 1260).”
Additionally, on May 9, 2025, the President issued Proclamation 10935, Establishing Project
Homecoming, to encourage illegal aliens to voluntarily depart the United States. The President
directed the Secretary of State and the Secretary of Homeland Security to take all appropriate
actions to enable the rapid departure of illegal aliens from the United States who currently lack a
valid travel document from their countries of citizenship or nationality or who desire to travel to
any other country willing to accept their entry.
Reinstatement of the collection is necessary to comply with the Executive Order and Presidential
Proclamation and ensure an orderly and defined voluntary process for aliens to report their
intended departure. This collection allows DHS to maintain accurate information about aliens
remaining in the country with no intent to depart. This collection also allows ICE to facilitate the
2

See, e.g., Immigration and Nationality Act (INA) §§ 212(a), 235(b), 236, 237(a), 241, 287.
See, e.g., id. §§ 235(b)(1)(B)(ii), (b)(1)(B)(iii)(IV), 235(b)(2)(A), 236(a), (c), 241(a)(2). .
4
For instance, under 8 C.F.R. § 103.16, DHS may collect and store for present or future use, by electronic or other
means, an alien’s biometric information.
3

process of voluntary return, and thereby focus resources on completing its mission.
This collection complements existing collections by other DHS components, such as alien
registration and departure verification, resulting in a layered approach to allow aliens to
voluntarily comply with U.S. law to the fullest extent possible. Additionally, requiring a
photographic submission as part of the application process is vital to strengthen the integrity of
data and to reduce fraud. The information collected in these processes is essential to ICE’s
mission to enforce immigration laws with accurate information. See 5 C.F.R. § 1320.13(a)(1)(i).
2. Public Harm Is Reasonably Likely to Result if Normal Clearance Procedures Are
Followed
Executive Order 14159, Protecting the American People Against Invasion, states the following:
“Over the last 4 years, the prior administration invited, administered, and oversaw an
unprecedented flood of illegal immigration into the United States. Millions of illegal aliens
crossed our borders or were permitted to fly directly into the United States on commercial flights
and allowed to settle in American communities, in violation of longstanding Federal laws."
Many of these aliens unlawfully within the United States present significant threats to national
security and public safety, committing vile and heinous acts against innocent Americans. Others
are engaged in hostile activities, including espionage, economic espionage, and preparations for
terror-related activities. Many have abused the generosity of the American people, and their
presence in the United States has cost taxpayers billions of dollars at the Federal, State, and local
levels.”
There are over 16.8 million aliens estimated to be in the United States illegally as noted in the
original collection. In the interest of public safety, to ensure the integrity of our immigration
system, and to preserve the U.S. economy, it is vital that ICE collect this information. Obtaining
this information ensures that resources are not expended seeking to remove aliens who will soon
depart the United States. Providing means for compliant aliens to voluntarily report their
intended departure, and assisting them to self-depart, allows government resources to focus
efforts on apprehending aliens who are potential terrorists, foreign spies, cartel members, gangs,
and violent transnational criminal organizations, and other hostile actors with malicious intent
attempting to hide among the American public. Absent the collection of this information, public
harm is reasonably likely to result. See 5 C.F.R. § 1320.13(a)(2)(i).
3. Unanticipated Event
DHS has identified the immediate need to reinstate this collection on an emergency basis. This
collection is critical because it allows aliens to voluntarily indicate their intent to depart the
United States. This information collection allows DHS to assist aliens to self-depart.
Immediate implementation ensures an orderly and defined voluntary process for aliens to report
their departure without the risk of interrupting ICE’s critical operations. See 5 C.F.R. §
1320.13(a)(2)(ii).

4. Conclusion
Following normal clearance procedures under the PRA would harm the agency’s ability to
collect this vital information. This information is necessary to prevent the expenditure of
resources to find aliens who plan to leave the United States. And with this information, ICE can
focus its resources on aliens who do not report, and prevent harm to United States citizens. For
these reasons, ICE did not undergo the normal PRA clearance procedure for this updated
information collection.
As discussed, ICE certifies that this request meets the requirements of 5 C.F.R. § 1320.13(a) and
that it is vital that ICE implement this new collection immediately because: (1) this information
is essential to the mission of the agency; (2) this information is necessary prior to the timeframes
established under the PRA; and (3) it is reasonably likely to result in public harm if normal
clearance procedures are followed.
ICE requests OIRA approval or disapproval of the reinstatement of this collection of information
under 5 C.F.R. § 1320.13(b) as soon as possible.
Thank you for your consideration. If there is reinstatement of this collection, ICE will undergo
the normal PRA process, including providing the opportunity for public comment, to renew the
collection authority within six months or will discontinue the collection of this information.
Please contact Marcos Charles at 520-561-3647 with any additional questions or concerns.