View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1653-0041
ICR Reference No:
202403-1653-001
Status:
Active
Previous ICR Reference No:
202202-1653-003
Agency/Subagency:
DHS/USICE
Agency Tracking No:
I-312 / I-312A
Title:
Designation Of Attorney In Fact
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
10/17/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/26/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2026
02/28/2026
02/28/2026
Responses
198
0
198
Time Burden (Hours)
198
0
198
Cost Burden (Dollars)
6,410
0
6,410
Abstract:
The data collected on Form I-312 is used by ICE to ensure that an Obligor presents an official request for remittance of collateral security and/or accrued interest to a duly appointed Attorney In Fact for an Obligor when the Obligor chooses to invoke this option. The data collected on Form I-312A is used by ICE to ensure that an Obligor’s intent to expressly revoke a previously valid Attorney In Fact designation is properly documented. ICE is requesting instructional updates to obligors and attorneys-in-fact.
Authorizing Statute(s):
US Code:
8 USC 1183
Name of Law: Immigration and Nationality
US Code:
8 USC 1226
Name of Law: Immigration and Nationality
US Code:
8 USC 1229c
Name of Law: Immigration and Nationality
US Code:
8 USC 1363
Name of Law: Immigration and Nationality
US Code:
8 USC 1103
Name of Law: Immigration and Nationality
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
87 FR 8597
02/15/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 24326
04/25/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Designation of Attorney In Fact
I-312
DESIGNATION OF ATTORNEY IN FACT
Revocation of Designation of Attorney In Fact
I-312A
REVOCATION OF DESIGNATION OF ATTORNEY IN FACT
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
198
198
0
0
0
0
Annual Time Burden (Hours)
198
198
0
0
0
0
Annual Cost Burden (Dollars)
6,410
6,410
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
ICE Bond Information Management System (BMIS) has reported a decrease for the bond program from previous years due to complications surrounding the COVID-19 pandemic. Enforcement and Removal Operations (ERO) has noted fewer individuals being arrested/detained and for those being arrested, ERO is releasing them on Own Recognizance (OR). Also, there have been fewer demands sent, and fewer breaches.
Annual Cost to Federal Government:
$28,760
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Scott Elmore 202 732-2601 scott.a.elmore@ice.dhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
03/26/2024