Privacy Act of 1974; Department of Homeland Security/U.S. Citizenship and Immigration Services-011E-Verify Program System of Records, 28035-28042 [2010-11972]
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Comment: One commenter stated that
the fingerprint technology is accurate
and effective, that a 35 second delay in
entering the United States to capture
fingerprints is a very small amount of
time to ensure the safety of United
States citizens and praised DHS for
‘‘great work.’’
Response: US–VISIT is pleased to
receive this positive appraisal. By
providing decision-makers with the
information they need—where and
when they need it—US–VISIT is
helping to make U.S. immigration and
border management efforts more
collaborative, streamlined, and effective.
Comment: One commenter stated that
because violence on the U.S. border is
on the rise and the situation will most
likely become worse over the coming
years, it is essential that law
enforcement officials be given access to
the US–VISIT program to ensure the
security of Americans domestically.
Response: Under US–VISIT,
information systems associated with
border inspections and security are
being linked. Biometric and other
information are available to appropriate
staff in U.S. Customs and Border
Protection (CBP), Immigration and
Customs Enforcement (ICE), U.S.
Citizenship and Immigration Services
(CIS), Department of State consular
officers, and other staff involved with
the adjudication of visa applications at
overseas posts; other DHS officers; and
appropriate officers of the United States
intelligence and law enforcement
community when needed for the
performance of their duties. US–VISIT
also supports other Federal agencies,
State and local law enforcement, and
the intelligence community in their
screening and enforcement missions by
sharing biometrics of individuals
deemed a threat by DHS and by
receiving data from other agencies for
individuals deemed to be a threat to
national security. US–VISIT will
continue to integrate appropriate
additional databases and ensure
interoperability with other databases as
appropriate. In so doing, US–VISIT
directly supports the DHS strategic goal
of protecting our Nation from dangerous
people.
OMB is particularly interested in
comments which:
1. Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
2. Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
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including the validity of the
methodology and assumptions used;
3. Enhance the quality, utility, and
clarity of the information to be
collected; and
4. Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Analysis
Agency: Department of Homeland
Security, NPPD, US–VISIT.
Title: US–VISIT Program.
Form: N/A.
OMB Number: 1600–0006.
Frequency: One-time collection.
Affected Public: Foreign visitors and
immigrants into the United States.
Number of Respondents: 156,732,422.
Estimated Time per Respondent: 35
seconds.
Total Burden Hours: 1,520,304 annual
burden hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintaining): $53,211,000.
Thomas Chase Garwood, III,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. 2010–11915 Filed 5–18–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0038]
Privacy Act of 1974; Department of
Homeland Security/U.S. Citizenship
and Immigration Services—011
E-Verify Program System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
notice titled, ‘‘Department of Homeland
Security/U.S. Citizenship and
Immigration Services—011 E-Verify
Program System of Records.’’ The U.S.
Citizenship and Immigration Services EVerify Program allows employers to
check citizenship status and verify
employment eligibility of newly hired
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employees. Previously, these records
were covered under Department of
Homeland Security/U.S. Citizenship
and Immigration Services—004
Verification Information System of
Records, December 11, 2008, along with
records from the U.S. Citizenship and
Immigration Services Systematic Alien
Verification for Entitlements (SAVE)
Program. In order to provide clearer
transparency and enable public
understanding, the Department is
publishing two separate systems of
records for U.S. Citizenship and
Immigration Services E-Verify and
SAVE Programs. This newly established
system will be included in the
Department of Homeland Security’s
inventory of record systems. The U.S.
Citizenship and Immigration Services
SAVE Program system of records notice
can be found elsewhere in the Federal
Register.
DATES: Submit comments on or before
June 18, 2010. This new system will be
effective June 18, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0038 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Claire
Stapleton, Privacy Branch Chief,
Verification Division, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, Washington, DC
20529. For privacy issues please
contact: Mary Ellen Callahan (703–235–
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) U.S.
Citizenship and Immigration Services
(USCIS) proposes to establish a new
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DHS system of records titled, ‘‘DHS/
USCIS—011 E-Verify Program System of
Records.’’
E-Verify was mandated by the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA),
Public Law (Pub. L.) 104–208,
September 30, 1996. The program is a
free, and in most cases voluntary, DHS
program implemented by USCIS and
operated in collaboration with the
Social Security Administration (SSA).
The program compares information
provided by employees on the
Employment Eligibility Verification
Form I–9 (Form I–9) against information
in SSA and DHS databases in order to
verify an employee’s employment
eligibility. All U.S. employers are
responsible for the completion and
retention of Form I–9 for each
individual, whether citizen or noncitizen, they hire for employment in the
United States. On Form I–9, the
employer must verify the employment
eligibility and identity documents
presented by the employee and record
the document information on Form I–9.
Previously, USCIS addressed E-Verify
Program and the Systematic Alien
Verification for Entitlements (SAVE)
Program in the same Privacy Impact
Assessment (PIA) and System of
Records Notice (SORN) titled, DHS/
USCIS—004 Verification Information
System (VIS) of Records, December 11,
2008. VIS was and continues to be the
underlying technology of both systems.
This SORN, which describes E-Verify
independently from SAVE, is written to
provide clearer transparency and enable
public understanding of these programs.
USCIS has prepared a separate SORN to
discuss the SAVE Program and can be
found elsewhere in the Federal
Register.
The Immigration and Naturalization
Service (INS) initially developed the
predecessor to E-Verify, the Basic Pilot
Program, as a voluntary pilot program as
required by IIRIRA. When Congress
created DHS, it incorporated INS
programs under DHS and USCIS was
charged with operating the Basic Pilot
Program. In addition to changing the
name of the Basic Pilot Program, USCIS
has continued to develop the program as
the requirements for employment
verification have changed over time. For
example, some states require that all
employers must use E-Verify, while
other states require that all state job
services must use E-Verify.
Additionally, the federal government
requires E-Verify checks for all
government employees and federal
contractors.
E-Verify is a fully operational web
based program that allows any employer
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to enroll and begin to verify employees’
employment eligibility. The following
describes the complete E-Verify process.
Enrollment
E-Verify participants may be one of
two different classes of user types: (1)
Employers who use E-Verify for their
own employees; or (2) designated agents
who use E-Verify for the employees of
other companies. Designated agents
usually query E-Verify as a commercial
service for other employers that cannot,
or choose not, to conduct the E-Verify
queries but who want the benefit of the
program. To use E-Verify, employers
and designated agents must first enroll
their company online at https://
www.dhs.gov/E-Verify. They complete a
registration application that collects
basic contact information including:
Company Name, Company Street
Address, Employer Identification
Number, North American Industry
Classification System (NAICS) Code,
Number of Employees, Number of
Employment Sites, Parent Company or
Corporate Company, Name of Company
Point of Contact (POC) for E-Verify
Usage, POC Phone Number, POC Fax
Number, and POC E-Mail Address.
Participants, whether an employer or
designated agent, can then create user
accounts for the employees who will
have access to E-Verify. A user may be
one of three user types:
• General User: This user type
performs verification queries, views
reports, and has the capability to update
their personal user account.
• Program Administrator: This user
type is responsible for creating user
accounts at their site for other Program
Administrators and General Users. They
have the responsibility to view reports,
perform queries, update account
information, and unlock user accounts if
a user has locked the account by
entering the wrong password.
• Corporate Administrator: This user
type can view reports for all companies
associated with the E-Verify corporate
account. This allows them to see the
activities associated with each general
user. They can also update user
accounts, register new locations and
users, terminate access for existing
locations, and perform site and user
maintenance activities for all sites and
users associated with the corporate
account. Each company can have a
single corporate administrator.
E-Verify collects information about
the user so that the program can review
and identify the use of the system by
employers, and allows the program to
see more detailed information about
user system usage. The information
collected specifically on users includes:
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Name (last, first, middle initial), Phone
Number, Fax Number, E-Mail Address,
and User ID.
Every E-Verify participating employer
is required to read and sign a
Memorandum of Understanding (MOU)
that explains the responsibilities of
DHS, SSA, and the participant. Once the
E-Verify participant has completed the
enrollment form, E-Verify e-mails a
unique user login and password to the
user. The employer must conspicuously
display E-Verify posters (posters are
found on the Web site and are printed
out by each employer) at the hiring site
that indicate the employer’s
participation in E-Verify and describe
the employees’ rights regarding the
employer’s participation in the program.
E-Verify Verification Process
Once employers enroll in E-Verify,
they must verify the employment
eligibility of all new employees hired
thereafter by entering the employee’s
name, date of birth, Social Security
Number (SSN), and information from
the documents provided on Form I–9,
into the E-Verify online user interface
tool. Form I–9 has a field for the SSN
but the employee is not required to
provide this number unless the
employer is participating in E-Verify.
All employers in the U.S. are required
to use this form regardless of whether
they are enrolled in E-Verify.
Processing Non-United States Citizens
For non-USCs, including immigrants,
non-immigrants, and lawful permanent
residents, the vast majority of queries
are completed when E-Verify verifies
the name, SSN, and birth date against
SSA’s Numident system, followed by
the name, date of birth, and Form I–9
document information against certain
DHS databases. The specific DHS
database against which the information
will be verified depends on the
document provided by the employee.
For example, if the employee uses an
Employment Authorization Document
(EAD), the A-Number will be queried
against the USCIS Central Index System
(CIS), and the EAD photograph, as
described below against the USCIS
Image Storage and Retrieval System
(ISRS). If the employee is a nonimmigrant, E-Verify queries the Form
I–94 number against the CBP Non
Immigrant Information System (NIIS)
and Border Crossing Information System
(BCI). If both SSA and DHS are able to
verify the employee‘s employment
eligibility the employer receives an
Employment Authorized notification. EVerify generates a case verification
number and the employer may either
print and retain the Case Details page
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from E-Verify or write the case
verification number on Form I–9.
If the automated query does not
immediately result in an Employment
Authorized response from E-Verify, the
employer receives Verification in
Process response, which means that the
query has been automatically sent to the
USCIS Status Verifiers. The USCIS
Status Verifiers have one day to verify
the employee’s employment eligibility
by manually reviewing the information
submitted by the employer with
information in DHS databases. USCIS
Status Verifiers are trained to evaluate
the information provided by the
employee against the various DHS
databases. This could not be done as an
automated process because of the
complexities of the various types of
data. If the USCIS Status Verifiers are
able to confirm employment eligibility
with the information available to them,
they indicate the response in E-Verify
and the employer will receive the
Employment Authorized notification.
If the USCIS Status Verifiers are
unable to confirm employment
eligibility, E-Verify will display a DHS
Tentative Non-Confirmation (TNC)
response and generate a TNC Notice for
the employer to print and give to the
employee, which explains that the
employee has received a TNC without
going into detail as to specifically what
caused the TNC. The letter also explains
the employee’s rights, and gives him the
opportunity to decide if he will contest
the result with DHS. If the employee
wishes to contest the TNC, the
employee must notify his employer,
who indicates so in E-Verify and DHS
E-Verify generates a Referral Letter. This
letter instructs the employee that he has
8 days to contact USCIS Status Verifiers
to resolve the discrepancy. Once the
employee contacts the USCIS Status
Verifiers, the USCIS Status Verifiers will
attempt to resolve the discrepancy by
either requesting that the employee
submit copies of the employee’s
immigration documents or by
researching a number of DHS databases
to determine whether there is any other
information pertaining to that
individual that would confirm the
employment eligibility status. To
conduct these databases searches,
USCIS Status Verifiers may use a Person
Centric Query System to facilitate the
information search. If the USCIS Status
Verifier determines that the employee is
eligible to work, the USCIS Status
Verifier will indicate this in E-Verify,
which will then notify the employer
that the employee is Employment
Authorized. If the Status Verifier
determines that an employee is not
eligible to work, the Status Verifier will
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update E-Verify with an Final NonConfirmation (FNC) disposition and EVerify will notify the employer of this
resolution. At this point, the employer
may legally terminate the individual’s
employment and the employer must
update the system to acknowledge the
action taken. If an employer retains an
employee who has received final
confirmation that he is not eligible to
work, and fails to notify DHS, the
employer may be liable for failure to
notify and knowingly employing an
individual who is not eligible to work.
Photo Screening Tool
In addition to the normal verification
process, if the employee has used
certain DHS-issued documents, such as
the Permanent Resident Card (Form I–
551) or the Employment Authorization
Card (Form I–766), or if the employee is
a U.S. citizen (USC) who used a U.S.
passport for completing Form I–9, the
E–Verify tool will present to the
employer the photo on record for the
applicable document. The DHS photos
come from DHS’s ISRS database, and
the passport photos come from a copy
of the Department of State passport data
contained in TECS. This feature is
known as the Photo Screening Tool. The
employer will visually compare the
photo presented by E–Verify with the
photo on the employee’s card. The two
photos should be an exact match. (This
is not a check between the individual
and the photo on the card, since the
employer compares the individual to
their photo ID during the Form I–9
process.) The employer must then
indicate in E–Verify whether the
pictures match or not. Depending on the
employer’s input, this may result in an
Employment Authorized response, or a
DHS TNC for the employee based on a
photo mismatch, which the employee
will need to resolve by contacting a
USCIS Status Verifier. If the employer
reports that there is a mismatch that
results in a TNC, the employee will be
notified that they need to provide a
photocopy of their document to a USCIS
Status Verifier. The USCIS Status
Verifier will do various searches to try
to confirm the information supplied by
the employee. In cases where the
information cannot be matched because
the employee is asserting that there is a
mistake in the document, the employee
will be sent to the USCIS Application
Support Center for resolution. E–Verify
requires that employers photocopy and
retain a copy of the employee’s Form I–
9 documentation if it is Form I–766 or
I–551.
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E-Verify User Rules and Restrictions
E-Verify provides extensive guidance
for the employer to operate the E-Verify
program through the user manual and
training. One of the requirements for
using E-Verify is that the employer must
only submit an E-Verify query after an
employee has been hired. Further, the
employer must perform E-Verify queries
for newly hired employees no later than
the third (3rd) business day after they
start work for pay. These requirements
help to prevent employers from
misusing the system.
While E-Verify primarily uses the
information it collects for verification of
employment eligibility, the information
may also be used for law enforcement
(to prevent fraud and misuse of EVerify, and to prevent discrimination
and identity theft), program analysis,
monitoring and compliance, program
outreach, and prevention of fraud or
discrimination. On a case-by-case basis,
E-Verify may give law enforcement
agencies extracts of information
indicating potential fraud,
discrimination, or other illegal
activities. The USCIS Verification
Division uses information contained in
E-Verify for several purposes: (1)
Program management, which may
include documentary repositories of
business information, internal and
external audits, congressional requests,
and program reports; (2) Data analysis
for program improvement efforts and
system enhancement planning, which
may include conducting surveys, user
interviews, responding to public
comments received during rulemakings
or from call center contacts which may
make outgoing or receive incoming calls
regarding E-Verify, including using
information for testing purposes; (3)
Monitoring and compliance, as well as
quality assurance efforts, which may
include analysis of customer use, data
quality, or possible fraud,
discrimination or misuse or abuse of the
E-Verify system. This may originate
directly from E-Verify or from its
monitoring and compliance activities or
call center contacts, including but not
limited to records of interviews,
employment and E-Verify-related
documents and other records obtained
in the course of carrying out its
monitoring and compliance activities,
especially in connection with
determining the existence of fraud or
discrimination in connection with the
use of the E-Verify system. Data
generated from this effort is stored in
the CTMS system; (4) Outreach
activities to ensure adequate resources
are available to current and prospective
program participants, which may
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include call lists and other
correspondence. USCIS may also permit
designated agents and employers to use
the E-Verify logo if they have agreed to
certain licensing restrictions; and (5)
Activities in support of law enforcement
to prevent fraud and misuse of E-Verify,
and to prevent discrimination and
identity theft.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates individuals’ records. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to their
records are put, and to assist individuals
to more easily find such files within the
agency. Below is the description of the
DHS/USCIS—011 E–Verify Program
System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
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System of Records
DHS/USCIS—011
SYSTEM NAME:
DHS/USCIS—011 E–Verify Program
System of Records.
SECURITY CLASSIFICATION:
Unclassified, for official use only.
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SYSTEM LOCATION:
Records are maintained at the USCIS
Headquarters in Washington, D.C. and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
• Employees, both U.S. citizens and
non-U.S. citizens, whose employers
have submitted to E–Verify their
identification information;
• Employers who enroll in E–Verify;
• Designated agents who enroll in E–
Verify;
• Individuals employed or retained
by employers or designated agents who
have accounts to use E–Verify;
• Individuals who contact E–Verify
with information on the use of E–Verify;
• Individuals who provide their
names and contact information to E–
Verify for notification or contact
purposes;
• USCIS employees and contractors
who have access to E–Verify for
operation, maintenance, monitoring,
and compliance purposes including,
USCIS Status Verifiers, managers, and
administrators; and
• Individuals who may have been
victims of identity theft and have
chosen to lock their social security
number from further use in the E–Verify
program.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employment eligibility information
collected from the E–Verify employer
about the employee to be verified.
• All Employees:
Æ Name (last, first, middle initial,
maiden);
Æ Date of Birth;
Æ Social Security Number;
Æ Date of Hire;
Æ Three day hire date expiration:
fi Awaiting SSN;
fi Technical Problems;
fi Audit Revealed New Hire Was Not
Run;
fi Federal Contractor With E–Verify
Clause Verifying Existing Employees;
and
fi Other.
Æ Claimed Citizenship Status;
Æ Type of Document Used for
Acceptable Form I–9 Verification;
Æ Acceptable Form I–9 Document
Expiration Date;
Æ Photographs, if required by
secondary verification;
Æ Disposition data from the employer.
The following codes are entered by the
employer based on what the employer
does as a result of the employment
verification information:
fi The employee continues to work
for the employer after receiving and
Employment Authorized result:
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Employer selects this option based on
receiving an Employment Authorized
response from E–Verify;
fi The employee continues to work
for the employer after receiving a Final
Nonconfirmation result: Employer
selects this option based on the
employee getting an FNC despite the
employee contesting the TNC and the
employer retains the employee;
fi The employee continues to work
for the employer after receiving a No
Show result: Employer selects this
option based on the employee getting a
TNC but the employee did not try to
resolve the issue with SSA or DHS and
the employer retains the employee;
fi The employee continues to work
for the employer after choosing not to
contest a Tentative Nonconfirmation:
Employer selects this option when the
employee does not contest the TNC but
the employer retains the employee;
fi The employee was terminated by
the employer for receiving a Final
Nonconfirmation result: Employer
selects this option when employee
receives FNC and is terminated;
fi The employee was terminated by
the employer for receiving a No Show
result: Employer selects this option
when employee did not take an action
to resolve and is terminated;
fi The employee was terminated by
the employer for choosing not to contest
a Tentative Nonconfirmationt:
Employer selects this option when
employee does not contest the TNC and
is terminated;
fi The employee voluntarily quit
working for the employer: Employer
selects this option when employee
voluntarily quits job without regard to
E–Verify;
fi The employee was terminated by
the employer for reasons other than E–
Verify: Employer selects this option
when employee is terminated for
reasons other than E–Verify;
fi The case is invalid because
another case with the same data already
exists: Employer selects this option
when the employer ran an invalid query
because the information had already
been submitted; and
fi The case is invalid because the
data entered is incorrect: Employer
selects this option when the employer
ran an invalid query because the
information was incorrect.
• Non-USCs:
Æ A–Number; and
Æ I–94 Number.
• Information about the Employer or
Designated Agent:
Æ Company Name;
Æ Street Address;
Æ Employer Identification Number;
Æ North American Industry
Classification System (NAICS) Code;
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Æ Number of Employees;
Æ Number of Sites;
Æ Parent Company or Corporate
Company;
Æ Name of Company Point of Contact;
Æ Phone Number;
Æ Fax Number;
Æ E-Mail Address.
• Information about the Individual
Employer User of E-Verify: (e.g., Human
Resource employee conducting E-Verify
queries)
Æ Last Name;
Æ First Name;
Æ Middle Initial;
Æ Phone Number;
Æ Fax Number;
Æ E-mail Address; and
Æ User ID.
• Employment Eligibility Information
created by E-Verify:
Æ Case Verification Number;
Æ VIS Response:
fi Employment Authorized;
fi SSA TNC;
fi DHS TNC;
fi SSA Case in Continuance (In rare
cases SSA needs more than 10 federal
government workdays to confirm
employment eligibility);
fi DHS Case in Continuance (In rare
cases DHS needs more than 10 federal
government workdays to confirm
employment eligibility);
fi SSA FNC;
fi DHS Verification in Process;
fi DHS Employment Unauthorized;
fi DHS No Show; and
fi DHS FNC.
• Monitoring and Compliance
Information created as part of E-Verify
(USCIS The Verification Division
monitors E-Verify to minimize and
prevent misuse and fraud of the system.
This monitoring information, and the
accompanying compliance information,
may in some cases be placed in the
electronic or paper files that make up EVerify.) The information may include:
Æ Analytic or other information
derived from monitoring and
compliance activities, including
information placed in CTMS;
Æ Complaint or hotline reports;
Æ Records of communication;
Æ Other employment and E-Verify
related records, documents, or reports
derived from compliance activities,
especially in connection with
determining the existence of fraud or
discrimination in connection with the
use of the E-Verify system; and
Æ Information derived from telephone
calls, e-mails, letters, desk audits or site
visits, as well as information from
media reports or tips from law
enforcement agencies.
• Information used to verify
employment eligibility. (E-Verify uses
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16:07 May 18, 2010
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VIS as the transactional database to
verify the information provided by the
employee. VIS contains the E-Verify
transaction information. If E-Verify is
unable to verify employment eligibility
through VIS, additional manual
verification may be required. These
automated and manual verifications
may include other DHS databases.)
• Social Security Administration
Numident System:
Æ Confirmation of Employment
Eligibility;
Æ TNC of Employment Eligibility and
Justification; and
Æ FNC of Employment Eligibility.
• USCIS Central Index System:
Æ Alien Number;
Æ Last Name;
Æ First Name;
Æ Middle Name;
Æ Date of Birth;
Æ Date Entered United States;
Æ Country of Birth;
Æ Class of Admission;
Æ File Control Office Code;
Æ Social Security Number;
Æ Form I–94 Number;
Æ Provision of Law Cited for
Employment Authorization;
Æ Office Code Where the
Authorization Was Granted;
Æ Date Employment Authorization
Decision Issued;
Æ Date Employment Authorization
Begins;
Æ Date Employment Authorization
Expires;
Æ Date Employment Authorization
Denied;
Æ Naturalization Certificate Number;
and
Æ EOIR Information, if in
Proceedings.
• CBP Nonimmigrant Information
System (NIIS) and Border Crossing
Information (BCI):
Æ Alien Number;
Æ Last Name;
Æ First Name;
Æ Maiden Name;
Æ Date Alien’s Status Changed;
Æ Date of Birth;
Æ Class of Admission Code;
Æ Date Admitted Until;
Æ Country of Citizenship;
Æ Port of Entry;
Æ Date Entered United States;
Æ Departure Date;
Æ I–94 Number;
Æ Visa Number;
Æ Passport Number;
Æ Passport Information; and
Æ Passport Card Number.
• USCIS Image Storage and Retrieval
System (ISRS):
Æ Receipt Number;
Æ Alien Number;
Æ Last Name;
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28039
Æ First Name;
Æ Middle Name;
Æ Date of Birth;
Æ Country of Birth;
Æ Form Number, for example Form I–
551 (Lawful Permanent Resident card)
or Form I–766 (Employment
Authorization Document);
Æ Expiration Date; and
Æ Photograph.
• USCIS Computer-Linked
Application Information Management
System Version 3 (CLAIMS 3):
Æ Receipt Number;
Æ Alien Number;
Æ Last Name;
Æ First Name;
Æ Middle Name;
Æ Address;
Æ Social Security Number;
Æ Date of Birth;
Æ Country of Birth;
Æ Class of Admission;
Æ I–94 Number;
Æ Employment Authorization Card
Information;
Æ Lawful Permanent Resident Card
Information;
Æ Date of Entry;
Æ Valid To Date;
Æ Petitioner Internal Revenue Service
Number;
Æ Attorney Name; and
Æ Attorney Address.
• ICE Student and Exchange Visitor
Identification System (SEVIS):
Æ Student and Exchange Visitor
Identification Number;
Æ Last Name;
Æ First Name;
Æ Middle Name;
Æ Date of Birth;
Æ Country of Birth;
Æ Class of Admission;
Æ I–94 Number;
Æ Date of Entry;
Æ Valid To Date;
Æ Social Security Number;
Æ Nationality;
Æ Gender;
Æ Student Status;
Æ Visa Code;
Æ Status Change Date;
Æ Port of Entry Code;
Æ Non Citizen Entry Date;
Æ Status Code; and
Æ Program End Date.
• USCIS Computer-Linked
Application Information Management
System Version 4 (CLAIMS 4):
Æ Alien Number;
Æ Social Security Number;
Æ Last Name;
Æ First Name;
Æ Middle Name;
Æ Birth Date;
Æ Birth Country;
Æ Nationality;
Æ Gender;
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Æ Naturalization Verification
(Citizenship Certificate Identification
ID);
Æ Naturalization Verification
(Citizenship Naturalization Date/Time);
and
Æ Address.
• USCIS Reengineered Naturalization
Applications Casework System
(RNACS):
Æ Alien Number;
Æ Last Name;
Æ First Name;
Æ Middle Name;
Æ Birth Date;
Æ Birth Country;
Æ Gender;
Æ Nationality;
Æ Naturalization Verification
(Citizenship Naturalization Date/Time);
Æ Naturalization Verification
(Citizenship Certificate Identification
ID);
Æ Immigration Status (Immigration
Status Code); and
Æ Address.
• USCIS Aliens Change of Address
System (AR–11):
Æ Name;
Æ Current Address;
Æ Date of Birth;
Æ Previous Address;
Æ Alien Number;
Æ Federal Bureau of Investigation
Number;
Æ Admission Number; and
Æ Previous Address.
• USCIS Citizenship and Immigration
Services Centralized Operational
Repository (CISCOR):
Æ Receipt Number;
Æ Beneficiary Alien Number;
Æ Beneficiary Date of Birth;
Æ Beneficiary Country of Birth;
Æ Beneficiary Social Security
Number;
Æ Beneficiary Last Name;
Æ Beneficiary First Name;
Æ Beneficiary Middle Name;
Æ Petitioner Alien Number;
Æ Petitioner Social Security Number;
Æ Petitioner Naturalization
Certificate Number;
Æ Petitioner First Name;
Æ Petitioner Last Name;
Æ Petitioner Firm Name; and
Æ Petitioner Tax Number.
• USCIS National File Tracking
System (NFTS):
Æ Alien Number; and
Æ File Location.
• USCIS Microfilm Digitization
Application System (MiDAS):
Æ Name;
Æ Alien Number;
Æ Date of Birth; and
Æ Citizenship Number.
• USCIS Marriage Fraud Amendment
System (MFAS):
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16:59 May 18, 2010
Jkt 220001
Æ Individual:
› Name (Last, First, Middle);
› Date of Birth;
› Country of Birth;
› Country of Citizenship;
› Class of Admission;
› Date of Admission;
› Alien Number;
› Receipt Number;
› Phone Number; and
› Marriage Date and Place.
Æ Spouse:
› Name (Last, First, Middle);
› Date of Birth;
› Country of Birth;
› Country of Citizenship;
› Class of Admission;
› Date of Admission;
› Alien Number;
› Receipt Number;
› Phone Number;
› Marriage Date and Place; and
› Naturalization Date and Place.
Æ Children:
› Names (Last, First, Middle);
› Date of Birth;
› Country of Birth;
› Class of Admission; and
› Alien Number.
Æ Employer:
› Name;
› Address;
› Supervisor’s Name; and
› Supervisor’s Phone Number.
• USCIS Enterprise Document
Management System (EDMS):
Æ All information contained in an
individual’s A–File, including, but not
limited to:
› Alien Number;
› Last Name;
› First Name;
› Middle Name;
› Date of Birth;
› Date Entered United States;
› Country of Birth;
› Class of Admission;
› Social Security Number;
› Form I–94 Number;
› Naturalization Information and
Certificate;
› Photograph; and
› Marriage Information and
Certificate.
• Department of State Consular
Consolidated Database (CCD):
Æ Name;
Æ Date of Birth;
Æ Passport Number;
Æ Visa Control Number;
Æ FOIL Number;
Æ Alien Number; and
Æ Photograph.
• ICE ENFORCE Integrated Database
(EID) Enforcement Alien Removal
Module (EARM) Alien Number:
Æ Name;
Æ Marital Status;
Æ Date of Birth;
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Æ Age;
Æ Sex;
Æ Country of Birth;
Æ Country of Citizenship;
Æ Date of Entry;
Æ Class of Admission;
Æ Social Security Number;
Æ Federal Bureau of Investigation
Number;
Æ Case History;
Æ Alerts;
Æ Case Summary Comments;
Æ Case Category;
Æ Date of Encounter;
Æ Encounter Information;
Æ Custody Actions & Decisions;
Æ Case Actions & Decisions;
Æ Bonds; and
Æ Photograph.
• USCIS Refugees, Asylum, and
Parole System (RAPS):
Æ Class of Admission;
Æ Country of Birth;
Æ Date of Birth;
Æ Date of Entry;
Æ Current Status; and
Æ Asylum Applicant Receipt Date.
• US–VISIT Arrival Departure
Information System (ADIS):
Æ Last Name;
Æ First Name;
Æ Date of Birth;
Æ Country of Citizenship;
Æ Sex;
Æ Passport Number;
Æ Airline and Flight Number;
Æ Country of Residence;
Æ City Where Boarded;
Æ City Where Visa was Issued;
Æ Date Visa Issued;
Æ Address While in United States;
and
Æ Port of Entry.
• Department of Justice Executive
Office Immigration Review System
(EOIR):
Æ Name;
Æ File Number;
Æ Address;
Æ Nationality; and
Æ Decision memoranda, investigatory
reports and materials compiled for the
purpose of enforcing immigration laws,
exhibits, transcripts, and other caserelated papers concerning aliens,
alleged aliens or lawful permanent
residents brought into the
administrative adjudication process.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Illegal Immigration Reform and
Immigrant Responsibility Act of 1996
(IIRIRA), Public Law 104–208, dated
September 30, 1996.
PURPOSE(S):
The purpose of this system is to
provide employment authorization
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information to employers participating
in E-Verify. It may also be used to
support monitoring and compliance
activities for obtaining information in
order to prevent the commission of
fraud, discrimination, or other misuse or
abuse of the E-Verify system, including
violation of privacy laws or other illegal
activity related to misuse of E-Verify,
including:
• Investigating duplicate registrations
by employers;
• Inappropriate registration by
individuals posing as employers;
• Verifications that are not performed
within the required time limits; and
• Cases referred by and between EVerify and the Department of Justice
Office of Special Counsel for
Immigration-Related Unfair
Employment Practices, or other law
enforcement entities.
Additionally, the information in EVerify may be used for program
management and analysis, program
outreach, and preventing or deterring
further use of stolen identities in EVerify.
jlentini on DSKJ8SOYB1PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States Attorney
Offices) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
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16:07 May 18, 2010
Jkt 220001
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of the E-Verify
program, which includes potential
fraud, discrimination, or employment
based identity theft and such disclosure
is proper and consistent with the official
duties of the person making the
disclosure.
H. To employers participating in the
E-Verify Program in order to verify the
employment eligibility of their
employees working in the United States.
I. To the DOJ, Civil Rights Division,
for the purpose of responding to matters
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28041
within the DOJ’s jurisdiction of the EVerify Program, especially with respect
to discrimination.
J. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
verification number, Alien Number,
I–94 Number, Receipt Number, Passport
(U.S. or Foreign) Number, or Social
Security Number of the employee,
employee user, or by the submitting
company name.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
The retention and disposal schedule,
N1–566–08–7, has been approved by the
National Archives and Records
Administration. Records collected in the
process of enrolling in E-Verify and in
verifying employment eligibility are
stored and retained in E-Verify for ten
(10) years, from the date of the
completion of the last transaction unless
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Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices
the records are part of an on-going
investigation in which case they may be
retained until completion of the
investigation. This period is based on
the statute of limitations for most types
of misuse or fraud possible using EVerify (under 18 U.S.C. 3291, the statute
of limitations for false statements or
misuse regarding passports, citizenship,
or naturalization documents).
SYSTEM MANAGER AND ADDRESS:
Chief, Verification Division, U.S.
Citizenship and Immigration Services,
Washington, DC 20529.
jlentini on DSKJ8SOYB1PROD with NOTICES
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the USCIS
Verification Division FOIA Officer,
whose contact information can be found
at https://www.dhs.gov/foia under
‘‘contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, 245 Murray Drive, SW.,
Building 410, STOP–0655, Washington,
DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
16:07 May 18, 2010
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
NOTIFICATION PROCEDURE:
VerDate Mar<15>2010
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
Jkt 220001
RECORD SOURCE CATEGORIES:
Records are obtained from several
sources including: (A) Information
collected from employers about their
employees relating to employment
eligibility verification; (B) Information
collected from E-Verify users used to
provide account access and monitoring;
(C) Information collected from federal
databases as listed in the Category of
Records section above; and (D)
Information created by E-Verify,
including its monitoring and
compliance activities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–11972 Filed 5–18–10; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0013]
Privacy Act of 1974: System of
Records; Department of Homeland
Security Transportation Security
Administration—001, Transportation
Security Enforcement Record System,
System of Records
Privacy Office, DHS.
Notice to alter an existing
Privacy Act system of records.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security proposes to update
and reissue an existing Department of
Homeland Security system of records
notice titled, Transportation Security
Administration 001 Transportation
Security Enforcement Record System
previously published on December 10,
2004. As a result of the biennial review
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Frm 00064
Fmt 4703
Sfmt 4703
of this system, modifications are being
made to the system of records’
categories of individuals, categories of
records, routine uses, record source
categories, retention and disposal,
notification procedures, and system
manager and address. The Department
of Homeland Security Transportation
Security Administration—001
Transportation Security Enforcement
Record System covers records related to
the Transportation Security
Administration’s screening of
passengers and property and
enforcement actions involving all modes
of transportation regulated by the
Transportation Security Administration.
Information in this system also includes
records related to the investigation or
enforcement of transportation security
laws, regulations, directives, or Federal,
State, local, or international law. For
example, records relating to an
investigation of a security incident that
occurred during passenger or property
screening would be covered by this
system.
Portions of this system are exempt
under 5 U.S.C. 552a(k)(1) and (k)(2).
Portions of the system pertaining to
investigations or prosecutions of
violations of criminal law are exempt
under 5 U.S.C. 552a(j)(2). These
exemptions are reflected in the final
rule published on August 4, 2006.
This system will continue to be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
June 18, 2010. The system will be
effective June 18, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0013 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Peter
Pietra, Privacy Officer, Transportation
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Agencies
[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28035-28042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11972]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0038]
Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services--011 E-Verify Program System of
Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new Department of Homeland
Security system of records notice titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services--011 E-Verify
Program System of Records.'' The U.S. Citizenship and Immigration
Services E-Verify Program allows employers to check citizenship status
and verify employment eligibility of newly hired employees. Previously,
these records were covered under Department of Homeland Security/U.S.
Citizenship and Immigration Services--004 Verification Information
System of Records, December 11, 2008, along with records from the U.S.
Citizenship and Immigration Services Systematic Alien Verification for
Entitlements (SAVE) Program. In order to provide clearer transparency
and enable public understanding, the Department is publishing two
separate systems of records for U.S. Citizenship and Immigration
Services E-Verify and SAVE Programs. This newly established system will
be included in the Department of Homeland Security's inventory of
record systems. The U.S. Citizenship and Immigration Services SAVE
Program system of records notice can be found elsewhere in the Federal
Register.
DATES: Submit comments on or before June 18, 2010. This new system will
be effective June 18, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0038 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Claire Stapleton, Privacy Branch Chief, Verification Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
Washington, DC 20529. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to establish a new
[[Page 28036]]
DHS system of records titled, ``DHS/USCIS--011 E-Verify Program System
of Records.''
E-Verify was mandated by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Public Law (Pub. L.)
104-208, September 30, 1996. The program is a free, and in most cases
voluntary, DHS program implemented by USCIS and operated in
collaboration with the Social Security Administration (SSA). The
program compares information provided by employees on the Employment
Eligibility Verification Form I-9 (Form I-9) against information in SSA
and DHS databases in order to verify an employee's employment
eligibility. All U.S. employers are responsible for the completion and
retention of Form I-9 for each individual, whether citizen or non-
citizen, they hire for employment in the United States. On Form I-9,
the employer must verify the employment eligibility and identity
documents presented by the employee and record the document information
on Form I-9.
Previously, USCIS addressed E-Verify Program and the Systematic
Alien Verification for Entitlements (SAVE) Program in the same Privacy
Impact Assessment (PIA) and System of Records Notice (SORN) titled,
DHS/USCIS--004 Verification Information System (VIS) of Records,
December 11, 2008. VIS was and continues to be the underlying
technology of both systems. This SORN, which describes E-Verify
independently from SAVE, is written to provide clearer transparency and
enable public understanding of these programs. USCIS has prepared a
separate SORN to discuss the SAVE Program and can be found elsewhere in
the Federal Register.
The Immigration and Naturalization Service (INS) initially
developed the predecessor to E-Verify, the Basic Pilot Program, as a
voluntary pilot program as required by IIRIRA. When Congress created
DHS, it incorporated INS programs under DHS and USCIS was charged with
operating the Basic Pilot Program. In addition to changing the name of
the Basic Pilot Program, USCIS has continued to develop the program as
the requirements for employment verification have changed over time.
For example, some states require that all employers must use E-Verify,
while other states require that all state job services must use E-
Verify. Additionally, the federal government requires E-Verify checks
for all government employees and federal contractors.
E-Verify is a fully operational web based program that allows any
employer to enroll and begin to verify employees' employment
eligibility. The following describes the complete E-Verify process.
Enrollment
E-Verify participants may be one of two different classes of user
types: (1) Employers who use E-Verify for their own employees; or (2)
designated agents who use E-Verify for the employees of other
companies. Designated agents usually query E-Verify as a commercial
service for other employers that cannot, or choose not, to conduct the
E-Verify queries but who want the benefit of the program. To use E-
Verify, employers and designated agents must first enroll their company
online at https://www.dhs.gov/E-Verify. They complete a registration
application that collects basic contact information including: Company
Name, Company Street Address, Employer Identification Number, North
American Industry Classification System (NAICS) Code, Number of
Employees, Number of Employment Sites, Parent Company or Corporate
Company, Name of Company Point of Contact (POC) for E-Verify Usage, POC
Phone Number, POC Fax Number, and POC E-Mail Address.
Participants, whether an employer or designated agent, can then
create user accounts for the employees who will have access to E-
Verify. A user may be one of three user types:
General User: This user type performs verification
queries, views reports, and has the capability to update their personal
user account.
Program Administrator: This user type is responsible for
creating user accounts at their site for other Program Administrators
and General Users. They have the responsibility to view reports,
perform queries, update account information, and unlock user accounts
if a user has locked the account by entering the wrong password.
Corporate Administrator: This user type can view reports
for all companies associated with the E-Verify corporate account. This
allows them to see the activities associated with each general user.
They can also update user accounts, register new locations and users,
terminate access for existing locations, and perform site and user
maintenance activities for all sites and users associated with the
corporate account. Each company can have a single corporate
administrator.
E-Verify collects information about the user so that the program
can review and identify the use of the system by employers, and allows
the program to see more detailed information about user system usage.
The information collected specifically on users includes: Name (last,
first, middle initial), Phone Number, Fax Number, E-Mail Address, and
User ID.
Every E-Verify participating employer is required to read and sign
a Memorandum of Understanding (MOU) that explains the responsibilities
of DHS, SSA, and the participant. Once the E-Verify participant has
completed the enrollment form, E-Verify e-mails a unique user login and
password to the user. The employer must conspicuously display E-Verify
posters (posters are found on the Web site and are printed out by each
employer) at the hiring site that indicate the employer's participation
in E-Verify and describe the employees' rights regarding the employer's
participation in the program.
E-Verify Verification Process
Once employers enroll in E-Verify, they must verify the employment
eligibility of all new employees hired thereafter by entering the
employee's name, date of birth, Social Security Number (SSN), and
information from the documents provided on Form I-9, into the E-Verify
online user interface tool. Form I-9 has a field for the SSN but the
employee is not required to provide this number unless the employer is
participating in E-Verify. All employers in the U.S. are required to
use this form regardless of whether they are enrolled in E-Verify.
Processing Non-United States Citizens
For non-USCs, including immigrants, non-immigrants, and lawful
permanent residents, the vast majority of queries are completed when E-
Verify verifies the name, SSN, and birth date against SSA's Numident
system, followed by the name, date of birth, and Form I-9 document
information against certain DHS databases. The specific DHS database
against which the information will be verified depends on the document
provided by the employee. For example, if the employee uses an
Employment Authorization Document (EAD), the A-Number will be queried
against the USCIS Central Index System (CIS), and the EAD photograph,
as described below against the USCIS Image Storage and Retrieval System
(ISRS). If the employee is a non-immigrant, E-Verify queries the Form
I-94 number against the CBP Non Immigrant Information System (NIIS) and
Border Crossing Information System (BCI). If both SSA and DHS are able
to verify the employee`s employment eligibility the employer receives
an Employment Authorized notification. E-Verify generates a case
verification number and the employer may either print and retain the
Case Details page
[[Page 28037]]
from E-Verify or write the case verification number on Form I-9.
If the automated query does not immediately result in an Employment
Authorized response from E-Verify, the employer receives Verification
in Process response, which means that the query has been automatically
sent to the USCIS Status Verifiers. The USCIS Status Verifiers have one
day to verify the employee's employment eligibility by manually
reviewing the information submitted by the employer with information in
DHS databases. USCIS Status Verifiers are trained to evaluate the
information provided by the employee against the various DHS databases.
This could not be done as an automated process because of the
complexities of the various types of data. If the USCIS Status
Verifiers are able to confirm employment eligibility with the
information available to them, they indicate the response in E-Verify
and the employer will receive the Employment Authorized notification.
If the USCIS Status Verifiers are unable to confirm employment
eligibility, E-Verify will display a DHS Tentative Non-Confirmation
(TNC) response and generate a TNC Notice for the employer to print and
give to the employee, which explains that the employee has received a
TNC without going into detail as to specifically what caused the TNC.
The letter also explains the employee's rights, and gives him the
opportunity to decide if he will contest the result with DHS. If the
employee wishes to contest the TNC, the employee must notify his
employer, who indicates so in E-Verify and DHS E-Verify generates a
Referral Letter. This letter instructs the employee that he has 8 days
to contact USCIS Status Verifiers to resolve the discrepancy. Once the
employee contacts the USCIS Status Verifiers, the USCIS Status
Verifiers will attempt to resolve the discrepancy by either requesting
that the employee submit copies of the employee's immigration documents
or by researching a number of DHS databases to determine whether there
is any other information pertaining to that individual that would
confirm the employment eligibility status. To conduct these databases
searches, USCIS Status Verifiers may use a Person Centric Query System
to facilitate the information search. If the USCIS Status Verifier
determines that the employee is eligible to work, the USCIS Status
Verifier will indicate this in E-Verify, which will then notify the
employer that the employee is Employment Authorized. If the Status
Verifier determines that an employee is not eligible to work, the
Status Verifier will update E-Verify with an Final Non-Confirmation
(FNC) disposition and E-Verify will notify the employer of this
resolution. At this point, the employer may legally terminate the
individual's employment and the employer must update the system to
acknowledge the action taken. If an employer retains an employee who
has received final confirmation that he is not eligible to work, and
fails to notify DHS, the employer may be liable for failure to notify
and knowingly employing an individual who is not eligible to work.
Photo Screening Tool
In addition to the normal verification process, if the employee has
used certain DHS-issued documents, such as the Permanent Resident Card
(Form I-551) or the Employment Authorization Card (Form I-766), or if
the employee is a U.S. citizen (USC) who used a U.S. passport for
completing Form I-9, the E-Verify tool will present to the employer the
photo on record for the applicable document. The DHS photos come from
DHS's ISRS database, and the passport photos come from a copy of the
Department of State passport data contained in TECS. This feature is
known as the Photo Screening Tool. The employer will visually compare
the photo presented by E-Verify with the photo on the employee's card.
The two photos should be an exact match. (This is not a check between
the individual and the photo on the card, since the employer compares
the individual to their photo ID during the Form I-9 process.) The
employer must then indicate in E-Verify whether the pictures match or
not. Depending on the employer's input, this may result in an
Employment Authorized response, or a DHS TNC for the employee based on
a photo mismatch, which the employee will need to resolve by contacting
a USCIS Status Verifier. If the employer reports that there is a
mismatch that results in a TNC, the employee will be notified that they
need to provide a photocopy of their document to a USCIS Status
Verifier. The USCIS Status Verifier will do various searches to try to
confirm the information supplied by the employee. In cases where the
information cannot be matched because the employee is asserting that
there is a mistake in the document, the employee will be sent to the
USCIS Application Support Center for resolution. E-Verify requires that
employers photocopy and retain a copy of the employee's Form I-9
documentation if it is Form I-766 or I-551.
E-Verify User Rules and Restrictions
E-Verify provides extensive guidance for the employer to operate
the E-Verify program through the user manual and training. One of the
requirements for using E-Verify is that the employer must only submit
an E-Verify query after an employee has been hired. Further, the
employer must perform E-Verify queries for newly hired employees no
later than the third (3rd) business day after they start work for pay.
These requirements help to prevent employers from misusing the system.
While E-Verify primarily uses the information it collects for
verification of employment eligibility, the information may also be
used for law enforcement (to prevent fraud and misuse of E-Verify, and
to prevent discrimination and identity theft), program analysis,
monitoring and compliance, program outreach, and prevention of fraud or
discrimination. On a case-by-case basis, E-Verify may give law
enforcement agencies extracts of information indicating potential
fraud, discrimination, or other illegal activities. The USCIS
Verification Division uses information contained in E-Verify for
several purposes: (1) Program management, which may include documentary
repositories of business information, internal and external audits,
congressional requests, and program reports; (2) Data analysis for
program improvement efforts and system enhancement planning, which may
include conducting surveys, user interviews, responding to public
comments received during rulemakings or from call center contacts which
may make outgoing or receive incoming calls regarding E-Verify,
including using information for testing purposes; (3) Monitoring and
compliance, as well as quality assurance efforts, which may include
analysis of customer use, data quality, or possible fraud,
discrimination or misuse or abuse of the E-Verify system. This may
originate directly from E-Verify or from its monitoring and compliance
activities or call center contacts, including but not limited to
records of interviews, employment and E-Verify-related documents and
other records obtained in the course of carrying out its monitoring and
compliance activities, especially in connection with determining the
existence of fraud or discrimination in connection with the use of the
E-Verify system. Data generated from this effort is stored in the CTMS
system; (4) Outreach activities to ensure adequate resources are
available to current and prospective program participants, which may
[[Page 28038]]
include call lists and other correspondence. USCIS may also permit
designated agents and employers to use the E-Verify logo if they have
agreed to certain licensing restrictions; and (5) Activities in support
of law enforcement to prevent fraud and misuse of E-Verify, and to
prevent discrimination and identity theft.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the DHS/
USCIS--011 E-Verify Program System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
DHS/USCIS--011
System name:
DHS/USCIS--011 E-Verify Program System of Records.
Security classification:
Unclassified, for official use only.
System location:
Records are maintained at the USCIS Headquarters in Washington,
D.C. and field offices.
Categories of individuals covered by the system:
Employees, both U.S. citizens and non-U.S. citizens, whose
employers have submitted to E-Verify their identification information;
Employers who enroll in E-Verify;
Designated agents who enroll in E-Verify;
Individuals employed or retained by employers or
designated agents who have accounts to use E-Verify;
Individuals who contact E-Verify with information on the
use of E-Verify;
Individuals who provide their names and contact
information to E-Verify for notification or contact purposes;
USCIS employees and contractors who have access to E-
Verify for operation, maintenance, monitoring, and compliance purposes
including, USCIS Status Verifiers, managers, and administrators; and
Individuals who may have been victims of identity theft
and have chosen to lock their social security number from further use
in the E-Verify program.
Categories of records in the system:
Employment eligibility information collected from the E-Verify
employer about the employee to be verified.
All Employees:
[cir] Name (last, first, middle initial, maiden);
[cir] Date of Birth;
[cir] Social Security Number;
[cir] Date of Hire;
[cir] Three day hire date expiration:
[dec222] Awaiting SSN;
[dec222] Technical Problems;
[dec222] Audit Revealed New Hire Was Not Run;
[dec222] Federal Contractor With E-Verify Clause Verifying Existing
Employees; and
[dec222] Other.
[cir] Claimed Citizenship Status;
[cir] Type of Document Used for Acceptable Form I-9 Verification;
[cir] Acceptable Form I-9 Document Expiration Date;
[cir] Photographs, if required by secondary verification;
[cir] Disposition data from the employer. The following codes are
entered by the employer based on what the employer does as a result of
the employment verification information:
[dec222] The employee continues to work for the employer after
receiving and Employment Authorized result: Employer selects this
option based on receiving an Employment Authorized response from E-
Verify;
[dec222] The employee continues to work for the employer after
receiving a Final Nonconfirmation result: Employer selects this option
based on the employee getting an FNC despite the employee contesting
the TNC and the employer retains the employee;
[dec222] The employee continues to work for the employer after
receiving a No Show result: Employer selects this option based on the
employee getting a TNC but the employee did not try to resolve the
issue with SSA or DHS and the employer retains the employee;
[dec222] The employee continues to work for the employer after
choosing not to contest a Tentative Nonconfirmation: Employer selects
this option when the employee does not contest the TNC but the employer
retains the employee;
[dec222] The employee was terminated by the employer for receiving
a Final Nonconfirmation result: Employer selects this option when
employee receives FNC and is terminated;
[dec222] The employee was terminated by the employer for receiving
a No Show result: Employer selects this option when employee did not
take an action to resolve and is terminated;
[dec222] The employee was terminated by the employer for choosing
not to contest a Tentative Nonconfirmationt: Employer selects this
option when employee does not contest the TNC and is terminated;
[dec222] The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
[dec222] The employee was terminated by the employer for reasons
other than E-Verify: Employer selects this option when employee is
terminated for reasons other than E-Verify;
[dec222] The case is invalid because another case with the same
data already exists: Employer selects this option when the employer ran
an invalid query because the information had already been submitted;
and
[dec222] The case is invalid because the data entered is incorrect:
Employer selects this option when the employer ran an invalid query
because the information was incorrect.
Non-USCs:
[cir] A-Number; and
[cir] I-94 Number.
Information about the Employer or Designated Agent:
[cir] Company Name;
[cir] Street Address;
[cir] Employer Identification Number;
[cir] North American Industry Classification System (NAICS) Code;
[[Page 28039]]
[cir] Number of Employees;
[cir] Number of Sites;
[cir] Parent Company or Corporate Company;
[cir] Name of Company Point of Contact;
[cir] Phone Number;
[cir] Fax Number;
[cir] E-Mail Address.
Information about the Individual Employer User of E-
Verify: (e.g., Human Resource employee conducting E-Verify queries)
[cir] Last Name;
[cir] First Name;
[cir] Middle Initial;
[cir] Phone Number;
[cir] Fax Number;
[cir] E-mail Address; and
[cir] User ID.
Employment Eligibility Information created by E-Verify:
[cir] Case Verification Number;
[cir] VIS Response:
[dec222] Employment Authorized;
[dec222] SSA TNC;
[dec222] DHS TNC;
[dec222] SSA Case in Continuance (In rare cases SSA needs more than
10 federal government workdays to confirm employment eligibility);
[dec222] DHS Case in Continuance (In rare cases DHS needs more than
10 federal government workdays to confirm employment eligibility);
[dec222] SSA FNC;
[dec222] DHS Verification in Process;
[dec222] DHS Employment Unauthorized;
[dec222] DHS No Show; and
[dec222] DHS FNC.
Monitoring and Compliance Information created as part of
E-Verify (USCIS The Verification Division monitors E-Verify to minimize
and prevent misuse and fraud of the system. This monitoring
information, and the accompanying compliance information, may in some
cases be placed in the electronic or paper files that make up E-
Verify.) The information may include:
[cir] Analytic or other information derived from monitoring and
compliance activities, including information placed in CTMS;
[cir] Complaint or hotline reports;
[cir] Records of communication;
[cir] Other employment and E-Verify related records, documents, or
reports derived from compliance activities, especially in connection
with determining the existence of fraud or discrimination in connection
with the use of the E-Verify system; and
[cir] Information derived from telephone calls, e-mails, letters,
desk audits or site visits, as well as information from media reports
or tips from law enforcement agencies.
Information used to verify employment eligibility. (E-
Verify uses VIS as the transactional database to verify the information
provided by the employee. VIS contains the E-Verify transaction
information. If E-Verify is unable to verify employment eligibility
through VIS, additional manual verification may be required. These
automated and manual verifications may include other DHS databases.)
Social Security Administration Numident System:
[cir] Confirmation of Employment Eligibility;
[cir] TNC of Employment Eligibility and Justification; and
[cir] FNC of Employment Eligibility.
USCIS Central Index System:
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Date Entered United States;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] File Control Office Code;
[cir] Social Security Number;
[cir] Form I-94 Number;
[cir] Provision of Law Cited for Employment Authorization;
[cir] Office Code Where the Authorization Was Granted;
[cir] Date Employment Authorization Decision Issued;
[cir] Date Employment Authorization Begins;
[cir] Date Employment Authorization Expires;
[cir] Date Employment Authorization Denied;
[cir] Naturalization Certificate Number; and
[cir] EOIR Information, if in Proceedings.
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI):
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Maiden Name;
[cir] Date Alien's Status Changed;
[cir] Date of Birth;
[cir] Class of Admission Code;
[cir] Date Admitted Until;
[cir] Country of Citizenship;
[cir] Port of Entry;
[cir] Date Entered United States;
[cir] Departure Date;
[cir] I-94 Number;
[cir] Visa Number;
[cir] Passport Number;
[cir] Passport Information; and
[cir] Passport Card Number.
USCIS Image Storage and Retrieval System (ISRS):
[cir] Receipt Number;
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Form Number, for example Form I-551 (Lawful Permanent
Resident card) or Form I-766 (Employment Authorization Document);
[cir] Expiration Date; and
[cir] Photograph.
USCIS Computer-Linked Application Information Management
System Version 3 (CLAIMS 3):
[cir] Receipt Number;
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Address;
[cir] Social Security Number;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] I-94 Number;
[cir] Employment Authorization Card Information;
[cir] Lawful Permanent Resident Card Information;
[cir] Date of Entry;
[cir] Valid To Date;
[cir] Petitioner Internal Revenue Service Number;
[cir] Attorney Name; and
[cir] Attorney Address.
ICE Student and Exchange Visitor Identification System
(SEVIS):
[cir] Student and Exchange Visitor Identification Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] I-94 Number;
[cir] Date of Entry;
[cir] Valid To Date;
[cir] Social Security Number;
[cir] Nationality;
[cir] Gender;
[cir] Student Status;
[cir] Visa Code;
[cir] Status Change Date;
[cir] Port of Entry Code;
[cir] Non Citizen Entry Date;
[cir] Status Code; and
[cir] Program End Date.
USCIS Computer-Linked Application Information Management
System Version 4 (CLAIMS 4):
[cir] Alien Number;
[cir] Social Security Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Birth Date;
[cir] Birth Country;
[cir] Nationality;
[cir] Gender;
[[Page 28040]]
[cir] Naturalization Verification (Citizenship Certificate
Identification ID);
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time); and
[cir] Address.
USCIS Reengineered Naturalization Applications Casework
System (RNACS):
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Birth Date;
[cir] Birth Country;
[cir] Gender;
[cir] Nationality;
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time);
[cir] Naturalization Verification (Citizenship Certificate
Identification ID);
[cir] Immigration Status (Immigration Status Code); and
[cir] Address.
USCIS Aliens Change of Address System (AR-11):
[cir] Name;
[cir] Current Address;
[cir] Date of Birth;
[cir] Previous Address;
[cir] Alien Number;
[cir] Federal Bureau of Investigation Number;
[cir] Admission Number; and
[cir] Previous Address.
USCIS Citizenship and Immigration Services Centralized
Operational Repository (CISCOR):
[cir] Receipt Number;
[cir] Beneficiary Alien Number;
[cir] Beneficiary Date of Birth;
[cir] Beneficiary Country of Birth;
[cir] Beneficiary Social Security Number;
[cir] Beneficiary Last Name;
[cir] Beneficiary First Name;
[cir] Beneficiary Middle Name;
[cir] Petitioner Alien Number;
[cir] Petitioner Social Security Number;
[cir] Petitioner Naturalization Certificate Number;
[cir] Petitioner First Name;
[cir] Petitioner Last Name;
[cir] Petitioner Firm Name; and
[cir] Petitioner Tax Number.
USCIS National File Tracking System (NFTS):
[cir] Alien Number; and
[cir] File Location.
USCIS Microfilm Digitization Application System (MiDAS):
[cir] Name;
[cir] Alien Number;
[cir] Date of Birth; and
[cir] Citizenship Number.
USCIS Marriage Fraud Amendment System (MFAS):
[cir] Individual:
[dec221] Name (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Country of Citizenship;
[dec221] Class of Admission;
[dec221] Date of Admission;
[dec221] Alien Number;
[dec221] Receipt Number;
[dec221] Phone Number; and
[dec221] Marriage Date and Place.
[cir] Spouse:
[dec221] Name (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Country of Citizenship;
[dec221] Class of Admission;
[dec221] Date of Admission;
[dec221] Alien Number;
[dec221] Receipt Number;
[dec221] Phone Number;
[dec221] Marriage Date and Place; and
[dec221] Naturalization Date and Place.
[cir] Children:
[dec221] Names (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Class of Admission; and
[dec221] Alien Number.
[cir] Employer:
[dec221] Name;
[dec221] Address;
[dec221] Supervisor's Name; and
[dec221] Supervisor's Phone Number.
USCIS Enterprise Document Management System (EDMS):
[cir] All information contained in an individual's A-File,
including, but not limited to:
[dec221] Alien Number;
[dec221] Last Name;
[dec221] First Name;
[dec221] Middle Name;
[dec221] Date of Birth;
[dec221] Date Entered United States;
[dec221] Country of Birth;
[dec221] Class of Admission;
[dec221] Social Security Number;
[dec221] Form I-94 Number;
[dec221] Naturalization Information and Certificate;
[dec221] Photograph; and
[dec221] Marriage Information and Certificate.
Department of State Consular Consolidated Database (CCD):
[cir] Name;
[cir] Date of Birth;
[cir] Passport Number;
[cir] Visa Control Number;
[cir] FOIL Number;
[cir] Alien Number; and
[cir] Photograph.
ICE ENFORCE Integrated Database (EID) Enforcement Alien
Removal Module (EARM) Alien Number:
[cir] Name;
[cir] Marital Status;
[cir] Date of Birth;
[cir] Age;
[cir] Sex;
[cir] Country of Birth;
[cir] Country of Citizenship;
[cir] Date of Entry;
[cir] Class of Admission;
[cir] Social Security Number;
[cir] Federal Bureau of Investigation Number;
[cir] Case History;
[cir] Alerts;
[cir] Case Summary Comments;
[cir] Case Category;
[cir] Date of Encounter;
[cir] Encounter Information;
[cir] Custody Actions & Decisions;
[cir] Case Actions & Decisions;
[cir] Bonds; and
[cir] Photograph.
USCIS Refugees, Asylum, and Parole System (RAPS):
[cir] Class of Admission;
[cir] Country of Birth;
[cir] Date of Birth;
[cir] Date of Entry;
[cir] Current Status; and
[cir] Asylum Applicant Receipt Date.
US-VISIT Arrival Departure Information System (ADIS):
[cir] Last Name;
[cir] First Name;
[cir] Date of Birth;
[cir] Country of Citizenship;
[cir] Sex;
[cir] Passport Number;
[cir] Airline and Flight Number;
[cir] Country of Residence;
[cir] City Where Boarded;
[cir] City Where Visa was Issued;
[cir] Date Visa Issued;
[cir] Address While in United States; and
[cir] Port of Entry.
Department of Justice Executive Office Immigration Review
System (EOIR):
[cir] Name;
[cir] File Number;
[cir] Address;
[cir] Nationality; and
[cir] Decision memoranda, investigatory reports and materials
compiled for the purpose of enforcing immigration laws, exhibits,
transcripts, and other case-related papers concerning aliens, alleged
aliens or lawful permanent residents brought into the administrative
adjudication process.
Authority for maintenance of the system:
The Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA), Public Law 104-208, dated September 30, 1996.
Purpose(s):
The purpose of this system is to provide employment authorization
[[Page 28041]]
information to employers participating in E-Verify. It may also be used
to support monitoring and compliance activities for obtaining
information in order to prevent the commission of fraud,
discrimination, or other misuse or abuse of the E-Verify system,
including violation of privacy laws or other illegal activity related
to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, and preventing or deterring
further use of stolen identities in E-Verify.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of the E-Verify program, which
includes potential fraud, discrimination, or employment based identity
theft and such disclosure is proper and consistent with the official
duties of the person making the disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction of the E-Verify Program,
especially with respect to discrimination.
J. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, verification number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number,
or Social Security Number of the employee, employee user, or by the
submitting company name.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
The retention and disposal schedule, N1-566-08-7, has been approved
by the National Archives and Records Administration. Records collected
in the process of enrolling in E-Verify and in verifying employment
eligibility are stored and retained in E-Verify for ten (10) years,
from the date of the completion of the last transaction unless
[[Page 28042]]
the records are part of an on-going investigation in which case they
may be retained until completion of the investigation. This period is
based on the statute of limitations for most types of misuse or fraud
possible using E-Verify (under 18 U.S.C. 3291, the statute of
limitations for false statements or misuse regarding passports,
citizenship, or naturalization documents).
System Manager and address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, Washington, DC 20529.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the USCIS Verification Division FOIA
Officer, whose contact information can be found at https://www.dhs.gov/foia under ``contacts.'' If an individual believes more than one
component maintains Privacy Act records concerning him or her the
individual may submit the request to the Chief Privacy Officer and
Chief Freedom of Information Act Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from several sources including: (A)
Information collected from employers about their employees relating to
employment eligibility verification; (B) Information collected from E-
Verify users used to provide account access and monitoring; (C)
Information collected from federal databases as listed in the Category
of Records section above; and (D) Information created by E-Verify,
including its monitoring and compliance activities.
Exemptions claimed for the system:
None.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11972 Filed 5-18-10; 8:45 am]
BILLING CODE 9111-97-P