The Department of Homeland Security's U.S. Immigration and Customs Enforcement agency published a notice in the Federal Register on January 8, 2026, announcing its intent to extend the Departure Notification Record information collection. This extension, under OMB Control Number 1653-0057, follows a reinstatement on December 22, 2025, and aligns with requirements of the Paperwork Reduction Act of 1995. The notice invites public comments until March 9, 2026, to evaluate the collection's utility, accuracy, and burden on respondents. At its core, this development aims to streamline the process for individuals seeking voluntary departure from the United States by collecting essential data through digital means, potentially affecting millions of users annually. Its significance lies in balancing immigration enforcement efficiency with administrative oversight, amid ongoing debates about data privacy and technological integration in federal processes.
Background and Purpose of the Collection
The Departure Notification Record, or DNR, serves as a mechanism for individuals geographically located in the United States who wish to voluntarily leave the country. According to the Federal Register notice, the collection gathers biographic data, biometric information, and details about intended departures. This enables DHS components, including ICE and Customs and Border Protection, to assist with the departure process to the individual's destination country.
The collection operates under the authority of the Paperwork Reduction Act, which mandates federal agencies to minimize paperwork burdens while ensuring information is necessary for their functions. ICE describes the DNR as essential for identifying and aiding those opting for voluntary departure, a process that can avoid formal removal proceedings. The notice specifies that data will be collected via a mobile application, currently named CBP Home, highlighting a shift toward digital tools in immigration management.
Historically, voluntary departure has been a longstanding option in U.S. immigration law, codified in sections of the Immigration and Nationality Act, such as 8 U.S.C. 1229c. This allows eligible individuals to leave without the stigma or bars associated with deportation. The DNR collection builds on this by providing a structured, tech-enabled reporting system, reinstated after what appears to be a lapse, as noted in the December 2025 action.
Key Players and Administrative Process
ICE leads this initiative as the sponsoring component within DHS. The notice is signed by Sharon Hageman, Deputy Assistant Director of the Office of Regulatory Affairs and Policy at ICE, underscoring the agency's role in regulatory compliance. The Office of Management and Budget oversees the approval process, ensuring collections meet PRA standards.
Public involvement is central, with comments directed through the Federal eRulemaking Portal at regulations.gov under Docket ID ICEB-XXXX-XXXX. The notice encourages feedback on four specific points: the necessity of the collection for agency functions, the accuracy of burden estimates, ways to enhance information quality, and methods to minimize respondent burden, including through technology.
Contact for inquiries is listed as Omar Charris at ICE, with an email and phone number provided, though it notes that comments are not accepted by phone. This process reflects standard PRA procedures, where agencies must justify extensions and incorporate public input before OMB approval.
Estimated Burden and Operational Details
The notice provides detailed estimates on the collection's scale. It anticipates 16,800,000 responses annually, with each taking about 5 minutes, resulting in a total public burden of 1,394,400 hours. These figures represent ICE's assessment of the time and effort required from respondents, primarily individuals seeking voluntary departure.
No agency form number is assigned, indicating the collection relies on the mobile app interface rather than traditional paperwork. The abstract explains that DHS will use the data to facilitate departures, potentially integrating with existing systems like those managed by CBP.
From a legal perspective, this aligns with precedents emphasizing efficient immigration processing. For instance, court cases like Zadvydas v. Davis (2001) have addressed detention and removal timelines, indirectly supporting tools that expedite voluntary exits. Politically, the emphasis on technology reflects broader DHS efforts under various administrations to modernize operations, though it raises questions about accessibility for those without smartphones or digital literacy.
Perspectives and Implications
Stakeholders offer varied views on such collections. Immigration advocates may see the DNR as a humane alternative to enforcement actions, reducing detention needs and allowing self-managed exits. As one perspective, groups like the American Immigration Council have historically supported voluntary departure options for their role in preserving eligibility for future immigration benefits.
Conversely, privacy advocates might critique the collection of biometric data, pointing to risks of data breaches or misuse. The notice acknowledges privacy concerns by referencing the Privacy Act notice on regulations.gov and advising commenters to limit personal information. This echoes debates in cases like Carpenter v. United States (2018), where the Supreme Court addressed digital privacy in government data collection.
Short-term implications include potential refinements based on public comments, possibly adjusting the app's usability or burden estimates before OMB approval. Long-term, successful extension could set precedents for other digital immigration tools, influencing how DHS handles an estimated millions of voluntary departures amid fluctuating migration patterns.
Different perspectives also emerge from affected agencies. ICE views it as practically useful for operations, while respondents might appreciate the convenience but question the 5-minute estimate if technical issues arise.
In conclusion, this Federal Register notice marks a procedural step in maintaining an information collection vital to immigration processes. Key takeaways include the scale of anticipated use and the focus on digital submission. Looking ahead, the comment period offers a chance for refinements, potentially addressing challenges like data security or equitable access. Ongoing debates may center on balancing efficiency with privacy protections, with possible trajectories involving technological upgrades or legal challenges if implementation issues surface. Future OMB decisions will determine the collection's continuation, shaping how voluntary departures are managed in the U.S. immigration system.
