[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58525-58529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24221]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0071]


Privacy Act of 1974; Department of Homeland Security, U.S. 
Citizenship and Immigration Services--004 Systematic Alien Verification 
for Entitlements Program System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of revision and republication of Privacy Act System of 
Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to revise an existing Department of Homeland 
Security system of records notice titled ``DHS/USCIS-004 Verification 
Information System'' system of records and republish it as ``DHS/USCIS-
004 Systematic Alien Verification for Entitlements Program'' system of 
records. Previously, the Department of

[[Page 58526]]

Homeland Security published a single system of records notice for both 
the E-Verify and Systematic Alien Verification for Entitlements 
Programs as part of the underlying technology, the Verification 
Information System on December 11, 2008. On May 11, 2010 the Department 
of Homeland Security published the Department of Homeland Security/
United States Citizenship and Immigration Services--011 E-Verify 
Program system of records. The Department of Homeland Security now 
proposes to revise and republish the Department of Homeland Security/
United States Citizenship and Immigration Services--004 Verification 
Information System system of records as the Department of Homeland 
Security/United States Citizenship and Immigration Services--004 
Systematic Alien Verification for Entitlements Program system of 
records. The United States Citizenship and Immigration Services 
Verification Division administers the Systematic Alien Verification for 
Entitlements Program. The Systematic Alien Verification for 
Entitlements Program is a fee-based intergovernmental initiative 
designed to help Federal, state, tribal, and local government agencies 
check immigration status when granting benefits, licenses, and other 
lawful purposes. On the publication of this SORN, the Verification 
Information System system of records notice will no longer be 
applicable. This newly established system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before October 21, 2011. This new system 
will be effective October 21, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0071 by one of the following methods:
     Federal e-Rulemaking Portal: http://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 
Department of Homeland Security as the agency name and docket number 
for this rulemaking. All comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided by the submitter.
     Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Janice Jackson, Acting Privacy Branch, Chief, Verification Division, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 131 M Street NE., Suite 200, MS 2600, Washington, DC 20529. 
For privacy issues please contact: Mary Ellen Callahan (703-235-0780), 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Congress mandated that the Immigration and Naturalization Service, 
as a precursor to the Department of Homeland Security (DHS) United 
States Citizenship and Immigration Services (USCIS), establish a system 
to verify the immigration status of individuals seeking government 
benefits. Authority for having a system for verification of citizenship 
and immigration status of individuals seeking government benefits can 
be found in the Immigration Reform and Control Act of 1986 (IRCA), 
Public Law (Pub. L.) 99-603; the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, 
110 Stat. 2168; Title IV, Subtitle A, of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, 
110 Stat. 3009; and the Real ID Act of 2005, Public Law 109-13. Based 
on these authorities and in accordance with the Privacy Act of 1974, 5 
U.S.C. 552a, DHS USCIS proposes to establish a new DHS system of 
records titled ``DHS/USCIS-004 Systematic Alien Verification for 
Entitlements Program System of Records.''
    USCIS Verification Division administers the Systematic Alien 
Verification for Entitlements (SAVE) Program, a fee-based 
intergovernmental initiative designed to help Federal, state, tribal, 
and local government agencies check immigration status when granting 
benefits, licenses, and other lawful purposes. SAVE is supported by and 
uses information derived from individuals, partner agencies, the 
Verification Information System (VIS) and other DHS, Department of 
State, and Department of Justice systems.
    The REAL ID Act of 2005, Public Law 109-13, 119 Stat. 231, 302 
(2005) (codified at 49 U.S.C. 30301 note) requires all state 
Departments of Motor Vehicles (DMV) to utilize the USCIS SAVE program 
to verify the legal immigration status of applicants for driver's 
licenses, driver's permits, and state-issued identification cards. 
Congress delayed the initial implementation date from May 2008 until 
December 2009. DMVs access SAVE through the American Association of 
Motor Vehicle Administrators Network (AAMVAnet) or via Internet access 
using Web 3 or Web Services, which is a support service that allows 
SAVE customer agencies to access VIS information through a software 
interface.
    Previously, USCIS documented the SAVE and E-Verify Programs in the 
VIS Privacy Impact Assessment (PIA) and System of Records Notice 
(SORN). VIS was and continues to be the underlying technology of both 
systems. In order to assist the public in better understanding the two 
programs, USCIS has issued a separate E-Verify SORN and, with this 
publication, is updating the original VIS SORN with this updated SORN. 
SAVE is described in previous SORNs, most recently in the VIS SORN (73 
FR 75445, December 11, 2008).

SAVE Usage Overview

    The SAVE Program was originally limited to immigration status 
verification for eligibility determinations of any public benefit, 
license, or credential--the benefit or ``entitlement'' referred to in 
the name of the program. However, over time the scope of SAVE has grown 
to include the implementation of Section 642(c) of IIRIRA, which 
obligates USCIS to respond to inquiries ``by a federal, state, or local 
government agency seeking to verify or ascertain the citizenship or 
immigration status of any individual within the jurisdiction of the 
agency for any purpose authorized by law.'' This expansion was 
highlighted in previous versions of the SAVE Privacy Impact Assessment 
(PIA).
    Accordingly, to the extent that a Federal, state, or local 
government entity has the legal authority to verify immigration status, 
SAVE, as an access method to USCIS systems, is authorized to respond to 
the request. Specifically, in addition to verifications for purposes of 
granting government benefits, this includes verification for purposes 
of background investigations for individuals, and cohabitants of the 
individuals undergoing background investigations.
    Government agencies input biographic information into SAVE for 
status determinations. If SAVE has a record pertaining to the 
individual, the government agency automatically receives limited 
biographic information on the citizenship and immigration status of the 
individual. If SAVE does

[[Page 58527]]

not have a record pertaining to the individual, SAVE prompts the 
customer agency asking if they would like a manual second step 
verification, with possible escalation to a manual third step 
verification, Form G-845, if appropriate. Although SAVE may receive a 
Social Security Number (SSN) from its supporting VIS systems or 
customer agencies as part of a status determination, it does not 
specifically request or return SSNs in its responses.
    The primary use of the SAVE information is to provide immigration 
status information for any legally mandated purpose to Federal, state, 
and local government customer agencies. The majority of customer 
agencies use SAVE to determine if applicants are entitled to receive 
the public benefits, licenses, or credentials that they administer. For 
example, based on IRCA, customer agencies use SAVE when providing 
benefits such as education and housing assistance, unemployment 
benefits, and Medicaid or other state health insurance benefits. 
PRWORA, through its definition of public benefits, allows customer 
agencies to use SAVE to determine the immigration status for purposes 
such as granting licensing and loans. (IIRIRA) provides for customer 
agencies to use SAVE for any legal purpose, such as credentials, 
background investigations, and voter registration. In addition, the 
Real ID Act of 2005 requires that all states utilize SAVE to verify the 
immigration status of individuals claiming to be non-U.S. citizens for 
driver's licenses, driver's permits, and identification cards.
    Information in SAVE will only be used for SAVE verifications and 
other purposes incidental to the SAVE process, such as customer agency 
registration and relationship management, user accountability, program 
quality management, and monitoring and compliance activities.
    In accordance with the Privacy Act of 1974, DHS proposes to 
establish a new DHS system of records notice titled ``DHS/USCIS-004--
Systematic Alien Verification for Entitlements Program'' system of 
records. The USCIS Verification Division administers the SAVE Program. 
SAVE is an intergovernmental initiative designed to assist benefit-
granting Federal, state, and local agencies determine if non-U.S. 
citizen applicants are entitled to receive the public benefits, 
licenses, or credentials that they administer. Previously, DHS 
published a single system of records notice for the E-Verify and SAVE 
Programs as part of the underlying technology, VIS (73 FR 75445, 
December 11, 2008). DHS is now publishing separate system of records 
notices for E-Verify and SAVE in order to assist the public in better 
understanding these programs. This newly established system of records 
will be included in DHS's inventory of record systems.
    With the publication of this SAVE SORN to accompany the E-Verify 
SORN (76 FR 26738, May 9, 2011), the VIS SORN will be retired.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the U.S. 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 U.S. 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. Below is the description of the DHS/USCIS-004 Systematic 
Alien Verification for Entitlements 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-004

System name:
    Department of Homeland Security U.S. Citizenship and Immigration 
Services--004 Systematic Alien Verification for Entitlements Program 
System of Records.

Security classification:
    Unclassified, for official use only.

System location:
    Records are maintained at USCIS Headquarters in Washington, DC and 
field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include both U.S. 
citizens and non-U.S. citizens covered by provisions of the Immigration 
and Nationality Act of the United States, including individuals who 
have been lawfully admitted to the United States, individuals who have 
been granted or derived U.S. citizenship, and individuals who have 
applied for other immigration benefits pursuant to 8 United States Code 
(U.S.C.) 1103 et seq.
    SAVE users are covered by the DHS/ALL-004--General Information 
Technology Access Account Records System SORN (74 FR 49882, last 
published September 29, 2009).

Categories of records in the system:
    A. Information collected from the benefit applicant by the customer 
agency to facilitate immigration status verification may include the 
following about the benefit applicant: receipt number, Alien Number (A-
Number), admission number (I-94 number), name (last, first, middle), 
date of birth, country of birth, customer agency case number, DHS 
document type, DHS document expiration date, Immigration and Custom 
Enforcement's (ICE) Student and Exchange Visitor Identification System 
(SEVIS) ID, foreign passport number, visa number, social security 
number (in very limited circumstances using the Form G-845, Document 
Verification Request), and type of benefit(s) for which the applicant 
has applied (e.g., unemployment insurance, educational assistance, 
driver licensing, etc.).
    B. System-generated responses as a result of the SAVE verification 
process including case verification number and SAVE response.
    C. Any information on the individual may be verified through SAVE 
from the following Federal databases: Arrival/Departure Information 
System (ADIS), Central Index System (CIS), Computer-Linked Application 
Information Management System 3 & 4 (CLAIMS 3 & CLAIMS 4), Customer 
Profile Management System (CPMS), Student and Exchange Visitor 
Identification System (SEVIS), Customs and Border Protection's (CBP) 
Nonimmigrant Information System and Border Crossing Information (NIIS 
and BCI), Enforcement Integrated Database (EID), Enforcement Alien 
Removal Module (EARM), Enterprise Document Management System (EDMS), 
Marriage Fraud Amendment System (MFAS), Microfilm Digitization 
Application System (MiDAS), National File Tracking System (NFTS), 
Refugees, Asylum, and Parole System (RAPS), Reengineered Naturalization 
Applications Casework System (RNACS), Image Storage and Retrieval 
System (ISRS), and immigration status (e.g., Lawful Permanent Resident) 
from the

[[Page 58528]]

Department of Justice Executive Office of Immigration Review (EOIR) 
System (EOIR) and the Department of State the Consular Consolidated 
Database (DOS-CCD).
    The individual information that may be verified through SAVE 
includes: A-Number, name (last, first, middle), date of birth, date 
entered into the United States (entry date), country of birth, class of 
admission code, file control office code, SSN, I-94 number, provision 
of law code cited for employment authorization, alien's status change 
date, date admitted until, country of citizenship, port of entry, 
departure date, visa number, passport number, passport information, 
passport card number, document receipt number, form numbers (e.g., Form 
I-551 Lawful Permanent Resident Card or Form I-766 Employment 
Authorization Document), SEVIS Identification Number (SEVIS ID), 
naturalization date, Federal Bureau of Investigation Number (FIN), 
beneficiary alien number, beneficiary date of birth, beneficiary 
country of birth, beneficiary SSN, beneficiary last name, beneficiary 
first name, beneficiary middle name, petitioner alien number, 
petitioner SSN, petitioner naturalization certificate number, 
petitioner first name, petitioner last name, petitioner firm name, and 
petitioner tax number. This information may also include spouse's name 
(last first, middle), date of birth, country of birth, country of 
citizenship, class of admission, date of admission, A-Number, receipt 
number, phone number, marriage date and place, and naturalization date 
and place; child's name(s) (last, first, middle), date of birth, 
country of birth, class of admission, A-Number; and employer 
information: Name, address, supervisor's name, and supervisor's phone 
number, case history, alerts, case summary comments, case category, 
date of encounter, encounter information, custody actions and 
decisions, case actions and decisions, bonds, and photograph, asylum 
applicant receipt date, airline and flight number, country of 
residence, city where boarded, city where visa was issued, date visa 
issued, address while in the United States, nationality, 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:
    Authority for having a system for verification of immigration 
status is found in IRCA, Public Law 99-603, 100 Stat. 3359; PRWORA, 
Public Law 104-193, 110 Stat. 2105; Title IV, Subtitle A, of IIRIRA, 
Public Law 104-208, 110 Stat. 3009; and the REAL ID Act of 2005, Public 
Law 109-13, 119 Stat. 231.

Purpose(s):
    The purpose of the SAVE Program is to provide a fee-based 
intergovernmental service, which assists Federal, state, Tribal, or 
local government agencies, or contractors acting on the agency's behalf 
and licensing bureaus confirm immigration status information, to the 
extent that such disclosure is necessary to enable these agencies to 
make decisions related to: (1) Determining of eligibility for a 
Federal, state, or local public benefit; (2) issuing a license or 
grant; (3) issuing a government credential; (4) conducting a background 
investigation; or (5) any other lawful purpose.

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 (DOJ), including U.S. Attorney 
Offices, or other Federal agencies 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 U.S. 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 (NARA) 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. DHS 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 law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To approved Federal, state, and local government agencies for 
any legally mandated purpose in accordance with their authorizing 
statute or law and where an approved Memorandum of Agreement (MOA) or 
Computer Matching Agreement (CMA) is in place between DHS and the 
entity.

Disclosure to consumer reporting agencies:
    None.

[[Page 58529]]

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 of applicant or other unique 
identifier to include: Verification number, A-Number, I-94 number, SSN, 
Passport number, Visa number, SEVIS ID, or by the submitting agency 
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 SAVE and in verifying citizenship or 
immigration status are stored and retained in SAVE for ten (10) years 
from the date of the completion of verification, unless the records are 
part of an on-going investigation in which case they be retained until 
completion of the investigation. This period is based on the statute of 
limitations for most types of misuse or fraud possibly using SAVE 
(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, 131 M Street NE., Suite 200, MS 2600, 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's FOIA Officer whose 
contact information can be found at http://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., 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, http://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 to include: (A) Agencies 
seeking to determine immigration status; (B) individuals seeking public 
licenses, benefits, or credentials; (C) information collected from the 
Federal databases listed in the Category of Records section above; and 
(D) information created by SAVE.

Exemptions claimed for the system:
    None.

    Dated: August 26, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-24221 Filed 9-20-11; 8:45 am]
BILLING CODE 9111-97-P