[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Notices]
[Pages 58301-58303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24894]


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SOCIAL SECURITY ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DEPARTMENT OF LABOR

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[HUD No. FR-4610-N-01]

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2070-00]


Responsibility of Certain Entities To Notify the Immigration and 
Naturalization Service of Any Alien Who the Entity ``Knows'' Is Not 
Lawfully Present in the United States

AGENCIES: Social Security Administration (SSA); Department of Health 
and Human Services (HHS); Department of Labor (DOL); Department of 
Housing and Urban Development (HUD); Immigration and Naturalization 
Service, Justice.

ACTION: Notice.

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SUMMARY: Section 404 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended, 
requires certain Federal and State entities, at least four times 
annually, to notify the Immigration and Naturalization Service 
(Service) of any alien the entity ``knows'' is not lawfully present in 
the United States. The Federal agencies responsible for implementing 
section 404 are providing notice of how this provision is being 
implemented. Under this notice, an entity is not required to make 
quarterly reports to the Service unless it has knowledge of an 
individual who is not lawfully present in the United States, as 
detailed below.

FOR FURTHER INFORMATION CONTACT:

[[Page 58302]]

SSA

John Watson, Associate General Counsel for Program Law, Office of the 
General Counsel, Social Security Administration, 6401 Security 
Boulevard, Baltimore, MD 21235, (410) 965-3137.

HHS

Robert Shelbourne, Director, Division of Policy and Program 
Development, Office of Family Assistance, Administration for Children 
and Families, Department of Health and Human Services, 370 L'Enfant 
Promenade, SW., Washington, DC 20447, (202) 401-5150.

DOL

Dennis Lieberman, Director, Division of Welfare-to-Work, Employment and 
Training Administration, Department of Labor, 200 Constitution Avenue, 
NW., Room N-4671, Washington, DC 20210, (202) 219-7694, extension 132.

HUD

Patricia Arnaudo, Senior Program Manager, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 7th St., SW., 
Room 4226, Washington, DC 20410, (202) 708-0744.

Service

Jacquelyn Bednarz, Special Assistant to the Acting Executive Associate 
Commissioner, Office of Policy and Planning, Immigration and 
Naturalization Service, 425 I Street NW., Room 7309, Washington, DC 
20536, (202) 514-3242.

SUPPLEMENTARY INFORMATION: The Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Public Law 104-193 (hereinafter 
PRWORA), and the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Public Law 104-208 (IIRIRA), include 
significant provisions affecting the eligibility of aliens in the 
United States for public benefits. (See HHS Notice, Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA); Interpretation of ``Federal Public Benefit,'' 63 FR 41658 
(August 4, 1998)). Section 401 of PRWORA generally provides that, with 
some exceptions, only ``qualified aliens'' (in addition to U.S. 
citizens and nationals) are eligible to receive Federal public 
benefits. PRWORA and IIRIRA also include significant provisions 
specifically limiting the eligibility of qualified aliens for certain 
specified Federal programs, including Supplemental Security Income 
(SSI) under Title XVI of the Social Security Act. Finally, section 403 
of PRWORA limits the eligibility of qualified aliens for certain 
``Federal means-tested public benefits.'' (See Department of 
Agriculture, Food and Nutrition Service, Federal Means-Tested Public 
Benefits, 63 FR 36653 (July 7, 1998); HHS, Office of the Secretary, 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA); Interpretation of ``Federal Means-Tested Public Benefit,'' 62 
FR 45256 (August 26, 1997); SSA, Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996: Federal Means-Tested Public 
Benefits Paid by the Social Security Administration, 62 FR 45284 
(August 26, 1997).
    Section 404 of PRWORA, as amended by section 5564 of the Balanced 
Budget Act of 1997, Public Law 105-33, requires each entity or type of 
entity specified in that statute to report to the Service, at least 
four times annually, any individual who the entity, under certain 
specified programs, ``knows is not lawfully present in the United 
States'' (emphasis supplied). Entities required to report under this 
provision in the course of administering certain specified programs are 
as follows: (1) Any State agency that administers a block grant under 
part A of Title IV of the Social Security Act, as amended, 42 U.S.C. 
601 et seq. (Temporary Assistance for Needy Families, Welfare-to-Work); 
(2) SSA (with respect only to the SSI program under Title XVI of the 
Social Security Act, 42 U.S.C. 1381 et seq.); (3) any State agency 
responsible for an SSI Optional State Supplementation under the SSI 
program if the State has entered into an agreement with SSA for Federal 
administration of payments under that program pursuant to section 
1616(a) of the Social Security Act, as amended, 42 U.S.C. 1382e(a); (4) 
HUD (with respect only to the Public and Assisted Housing Program 
provided under the United States Housing Act of 1937, as amended, 42 
U.S.C. 1437 et seq.); and, (5) any public housing agency that enters 
into a contract for assistance under section 6 or 8 of Title I of the 
United States Housing Act 1937, as amended, 42 U.S.C. 1437 et seq. No 
other entity is required to report under the provisions of Title IV of 
PRWORA.
    Section 404 of PRWORA is not explicit with respect to the meaning 
of the term ``knows.'' After consultation, the responsible Federal 
agencies have determined that, for purposes of the requirement under 
section 404 that an entity report four times annually, an entity will 
``know'' that an alien is not lawfully present in the United States 
only when the unlawful presence is a finding of fact or conclusion of 
law that is made by the entity as part of a formal determination that 
is subject to administrative review on an alien's claim for any of the 
statutorily specified programs set out above. In addition, that finding 
or conclusion of unlawful presence must be supported by a determination 
by the Service or the Executive Office of Immigration Review, such as a 
Final Order of Deportation. A Systematic Alien Verification for 
Entitlements (SAVE) response showing no Service record on an individual 
or an immigration status making the individual ineligible for a benefit 
is not a finding of fact or conclusion of law that the individual is 
not lawfully present. Equating ``knowing'' under section 404 of PRWORA 
with the formal determination described above under any of the 
statutorily specified programs affected by section 404 gives rational 
substance to an arguably ambiguous term and is not inconsistent with 
the legislative history of this provision.
    This notice is not meant to suggest that a benefit granting agency 
is required to make a determination as to an applicant's lawful 
presence if that determination is not otherwise necessary in order to 
determine whether the applicant is eligible for the benefit. Nor is it 
meant to suggest that a finding or conclusion as to immigration status 
made by a benefit granting agency has any weight outside the context of 
the alien's eligibility for that particular benefit. Determinations of 
status for purposes of the Immigration and Nationality Act are the 
responsibility of the Department of Justice, not of any other agency.
    At least four times annually, the reporting entity that knows of 
the unlawful presence of any alien as specified above must make a 
report to the Service. The entity will make the report within 45 days 
after the close of the appropriate calendar year quarter. The report 
must include the name, address, and other identifying information in 
the entity's possession regarding the individual who the reporting 
entity knows is not lawfully present in the United States. In order to 
reduce unnecessary administrative burden, the reporting entity is not 
required to submit reports to the Service unless it has knowledge of an 
individual who is not lawfully present in the United States as 
specified above. The reports will be sent to the Service at the 
following address: Director, Policy Directives and Instructions Branch, 
Immigration and Naturalization Service, 425 I Street NW, Room 4034, 
Washington, DC 20536, Att'n: INS No. 2070-00.


[[Page 58303]]


    Dated: August 16, 2000.
Susan M. Daniels,
Deputy Commissioner for Disability and Income, Security Programs, 
Social Security Administration.
    Dated: August 11, 2000.
Alvin Collins,
Director, Office of Family Assistance.
    Dated: August 18, 2000.
Raymond L. Bramucci,
Assistant Secretary for Employment and Training, Department of Labor.
    Dated: August 30, 2000.
Gloria Cousar,
Deputy Assistant Secretary, Public and Assisted Housing Delivery, 
Department of Housing and Urban Development.
    Dated: August 28, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-24894 Filed 9-27-00; 8:45 am]
BILLING CODE 4191-02-P