[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51147-51149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25786]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1864-97]
Pilot Programs To Deny Driver's Licenses and Identification Cards
to Aliens Who Are Not Lawfully Present in the United States
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice prescribing guidelines under which states may conduct
pilot programs to deny driver's licenses and identification cards to
aliens who are not lawfully present in the United States and inviting
states to contact the Immigration and Naturalization Service (Service)
to express interest in participating in such a pilot program.
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SUMMARY: The Commissioner of the Service invites each state to contact
the Service if it is interested in participating in a pilot program to
deny driver's licenses and identification cards to aliens who are not
lawfully present in the United States. Guidelines are prescribed for
the pilot programs. This notice and pilot programs are required by
section 502 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009 (IIRIRA).
DATES: Written responses must be submitted on or before October 30,
1997.
ADDRESSES: Please submit your response in triplicate to: John E. Nahan,
Immigration and Naturalization Service, 425 I Street, NW., ULLICO
Building, 4th Floor, Washington, DC 20536, Attention: SAVE Program.
FOR FURTHER INFORMATION CONTACT:
John E. Nahan, Immigration and Naturalization Service, 425 I Street,
NW., ULLICO Building, 4th Floor, Washington, DC 20536, telephone (202)
514-2317.
[[Page 51148]]
SUPPLEMENTARY INFORMATION:
Background and Statutory Authority
Pursuant to the authority contained in section 502 of IIRIRA, all
states may conduct pilot programs, pursuant to guidelines prescribed by
the Attorney General, to deny driver's licenses and identification
cards to aliens who are not lawfully present in the United States. For
the purpose of these pilot programs, the Service is using the
definition of ``an alien who is lawfully present in the United States''
provided by 8 CFR 103.12(a) for the purposes of applying for Title II
Social Security benefits. An alien who is ``not lawfully present in the
United States'' is any alien not included in section 103.12(a). This
definition is subject to change based upon any definition of lawful
presence for the purpose of determining eligibility for public benefits
and services that may be made in the future by the Attorney General.
The Service construes section 502's reference to ``driver's licenses''
also to include identification cards issued by a state in a similar
manner as driver's licenses, but that do not confer driving privileges.
The Service is using the definition of ``state'' provided by section
101(a)(36) of the Immigration and Nationality Act, 8 U.S.C.
1101(a)(36), as including the District of Columbia, Puerto Rico, Guam,
and the Virgin Islands of the United States in addition to the 50
states.
Purpose
The purpose of these pilot programs is to determine the viability,
advisability, and cost-effectiveness of states' denying driver's
licenses and identification cards to aliens who are not lawfully
present in the United States.
Guidelines
The Service prescribes the following guidelines applicable to pilot
programs under authority of section 502 of IIRIRA:
The pilot program must provide for the denial of driver's
licenses and identification cards to applicants who are not lawfully
present in the United States, as defined by the Attorney General at 8
CFR 103.12.
The pilot program must require the accurate verification
of whether a driver's license or identification care applicant is
lawfully present in the United States, as defined by the Attorney
General at 8 CFR 103.12.
The pilot program must not violate Federal law by
resulting in illegal discrimination on the basis of race, national
origin, gender, religion, age, or disability, or in any other way
violate the Constitution and laws of the United States.
The pilot program must not violate any provision of state
law in the state in which it operates.
The pilot program must be designed to result in a
determination of the viability, advisability, and cost-effectiveness of
the state's denying driver's licenses and identification cards to
aliens who are not lawfully present in the United States, as defined by
the Attorney General.
Eligibility for Participation
Any state may participate in a pilot program under section 502 of
IIRIRA provided it meets the guidelines stated above.
Project Restrictions
The Service may deny or limit state participation in the pilot
program depending upon available resources.
Description of Section 502 Pilot Programs
The purposes of this notice are to provide the basic guidelines
applicable to all pilot programs conducted under section 502 of IIRIRA,
and to invite initial statements of interest from states. Further
details of each pilot program will be determined on the basis of the
specific needs, desires, and abilities of each state and the Service,
and will be memorialized in a Memorandum of Understanding between the
state and the Service, setting forth the terms and conditions of the
pilot program. All pilot programs must comply with the basic
guidelines, but the details, duration, and scope of pilot programs may
differ among participating states. The Service plans to be flexible in
working with states to formulate pilot programs that best meet their
needs, and is open to new proposals and ideas from the states. Detailed
below is one example of a section 502 pilot program approach that
appears promising to the Service, but is not meant to be exclusive:
Applicants for driver's licenses or identity cards will state on
the application under penalty of perjury whether they are citizens,
non-citizens, or nationals of the United States, and will present
documentary evidence of their identity and citizenship or immigration
status to the state. Applicants who are not citizens or nationals of
the United States must present alien registration documentation or
other proof of immigration registration from the Service that includes
the individual's alien registration number or alien admission number.
The Service will make available and maintain an immigration status
records system which provides information on aliens' immigration
status. The system is known as the Alien Status Verification Index
(ASVI) (Justice/INS 009). The ASVI data base contains information on
approximately 60 million immigrant and nonimmigrant aliens and is
updated on a daily basis. The ASVI data base was originally designed as
an information service for agencies and institutions issuing
entitlement benefits, and is used by the Systematic Alien Verification
for Entitlements (SAVE) and Employment Verification Pilot (EVP)
programs.
The states will have access to the information contained in the
ASVI data base via a personal computer with a modem. To perform a
primary query of ASVI, the user inputs the alien's identification
number (registration number or admission number) and other limited
information. When the user accesses the ASVI data base to perform a
primary query, ASVI will respond within 3-5 seconds of the query. When
the response from a primary query directs the user to institute a
secondary verification because it cannot positively verify a particular
alien's status, the user provides additional information, i.e., full
name, date of birth, etc., to the Service to assist the Service in
verifying the immigration status. The ASVI data base has proven to be
an effective, secure, and economical method of verifying the
immigration status of aliens.
Information To Be Included in the Response
Each response should include the complete name of the Department of
Motor Vehicles or other agency of the responding state that will be
responsible for implementing the pilot program; headquarters address;
listing of additional locations, if any; and the name and phone number
of the contact person for this pilot. Other information that is not
mandatory, but which will be of assistance to the Service in evaluating
the response and which may be included is: a description of legal
authority under state law for denying driver's licenses and
identification cards to aliens not lawfully present in the United
States; a description of any current policies or procedures regarding
verification of identity or citizenship or immigration status of
applicants; a description of any current policies or procedures
regarding the issuance of driver's licenses or identification cards to
aliens; the estimated number of alien applicants annually, and
proposals or comments regarding the desired scope
[[Page 51149]]
and format of the pilot program within the State.
OMB Reporting Burden
The public reporting burden for this collection of information is
estimated to be 2 hours, including gathering the information needed,
and completing and reviewing the collections of information. Please
send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing this
burden, to the Immigration and Naturalization Service, 425 I Street,
NW., HQPDI, Room 5307, Washington, DC 20536. These requirements have
been approved by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act, and are recorded as OMB
Control Number 1115-0126, with an expiration date of December 31, 1997.
Dated: September 21, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-25786 Filed 9-29-97; 8:45 am]
BILLING CODE 4410-10-M