Department of Homeland Security November 27, 2015 – Federal Register Recent Federal Regulation Documents

The Department of Homeland Security is giving concurrent notice of an updated and reissued system of records pursuant to the Privacy Act of 1974 for the ``Department of Homeland Security/United States Coast Guard-029 Notice of Arrival and Departure System of Records'' and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This FR notice pertains to all schools certified to enroll F-1 and/or M-1 nonimmigrant students. DHS's Student and Exchange Visitor Program (SEVP) performs and manages these certifications, as well as oversees the F-1 and M-1 students. SEVP uses the Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student StatusFor Academic and Language Students, and the Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student StatusFor Vocational Students, which are issued solely through the Student and Exchange Visitor Information System (SEVIS), as an instrument to facilitate the oversight process and to document student eligibility for nonimmigrant benefits. The Forms I-20 are being modified to reflect current DHS branding, remove obsolete information, and modernize the forms' layout to improve readability. The old Forms I-20 sunset on July 1, 2016; after that date, they will no longer be accepted at ports-of-entry, nor suffice for any other nonimmigrant benefit application by either F-1 and M-1 students or their F-2 and M-2 accompanying dependents. Authority: The authority for DHS/SEVP to manage the program comes from the following sources: Sections 101(a)(15)(F)(i) and (M)(i), of the Immigration and Nationality Act of 1952 (INA), as amended (Pub. L. 82-414, 66 Stat. 163, June 27, 1952), codified under Title 8 of the United States Code (U.S.C.) 1101(a)(15)(F) and (M), under which a foreign national may be admitted to the United States in nonimmigrant status as [cir] A student to attend an SEVP-certified academic school or language training program (F-1), [cir] A student to attend an SEVP-certified vocational or other recognized nonacademic institution (M-1), respectively, or [cir] An accompanying F-2 or M-2 dependent spouse or minor child, respectively. Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law 104-208, Div. C, 110 Stat. 3009-546, September 30, 1996, codified at 8 U.S.C. 1372, which authorized the following: [cir] Creation of a program to collect current and ongoing information provided by schools regarding F or M nonimmigrants during the courses of their stay in the United States. [cir] Use of electronic reporting technology where practicable. [cir] DHS certification of schools to participate in F-1 or M-1 student enrollment. Section 416(b) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56, 115 Stat. 272, October 26, 2001 (USA PATRIOT Act), as amended, which provides for the collection of alien date of entry and port of entry information of aliens whose information is collected under 8 U.S.C. 1372. Homeland Security Presidential Directive No. 2 (HSPD-2), Combating Terrorism Through Immigration Policies, which requires DHS to ``conduct periodic reviews of all institutions certified to receive nonimmigrant students.'' ``These reviews shall include checks for compliance with record keeping and reporting requirements'' and authorize the termination of certification for institutions that fail to comply. 37 Weekly Comp. Pres. Docs. 1570, 1571-72 (Oct. 29, 2001). Section 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002, Public Law 107-173, 116 Stat. 543, May 14, 2002, codified at 8 U.S.C. 1762, which directs DHS to review compliance with recordkeeping and reporting requirements under 8 U.S.C. 1372 and INA section 101(a)(15)(F) and (M), 8 U.S.C. 1101(a)(15)(F) and (M), of all schools approved to receive F or M nonimmigrants within two years of enactment, and every two years thereafter. Accordingly, as directed by DHS, SEVP certifies, reviews, recertifies and collects data from schools enrolling F-1 and M-1 students. The specific data collection requirements for SEVP-certified schools associated with these laws are identified comprehensively in the Code of Federal Regulations (CFR) at 8 CFR 214.3. Under the combined mandates of the USA PATRIOT Act and HSPD-2, the U.S. Immigration and Naturalization Service (INS) received funding and accelerated the development of SEVIS. Soon after, the INS published rules in the FR implementing supporting modifications to 8 CFR 214, Nonimmigrant Classes. 67 FR 60107 (September 25, 2002); and 67 FR 76256, (December 11, 2002). The Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (codified at 6 U.S.C. Chapter 1) created DHS, which came into effect on March 1, 2003. DHS encompasses and replaces the INS. Simultaneously, DHS established ICE, now the second largest criminal investigations agency in the U.S. government. ICE subsequently created SEVP to administer SEVIS.