[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Pages 28326-28332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12789]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2019-0004]


Privacy Act of 1974; System of Records

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``Department of Homeland Security/U.S. 
Citizenship and Immigration Services-011 E-Verify Program System of 
Records.'' This system of records describes DHS/U.S. Citizenship and 
Immigration Services (USCIS) collection and maintenance of records on 
employers, entities authorized by federal law to use E-Verify, 
employees in the United States, and individuals subject to employment 
eligibility verification under E-Verify and E-Verify Self-Check.
    DHS/USCIS is updating this system of records notice to: (1) Add the 
Data Universal Numbering System (DUNS) number; (2) add Validation 
Instrument for Business Enterprises (VIBE) as a new record source; (3) 
specify under categories of records that information from State Motor 
Vehicle Agencies can be derived from commercial data providers; (4) 
update Routine Use E and add Routine Use F to comply with requirements 
set forth by OMB Memorandum M-17-12, ``Preparing for and Responding to 
a Breach of Personally Identifiable Information,'' (Jan. 3, 2017); (5) 
amend Routine Use J to include disclosure to the National Law 
Enforcement Telecommunications System (NLETS) \1\ for the purpose of 
validating information from a driver's license, permit, or 
identification card issued by a State Motor Vehicle Agency; (6) add 
Routine Use L for disclosure to persons and other entities authorized 
by federal law to confirm the employment eligibility of individuals 
subject to verification under E-Verify; (7) add Routine Use M for 
disclosure to federal government intelligence or counterterrorism 
agencies or components when DHS becomes aware of a violation or 
potential violation of E-Verify program requirements that is related to 
an indication of a threat or potential threat to national security to 
assist in countering such a threat; and (8) explain that this system of 
records covers records from other DHS systems of records that may claim 
exemptions and DHS will comply with the record source system exemptions 
when relevant. All following routine uses are being renumbered to 
account for the additional routine uses. Additionally, this notice 
includes non-substantive changes to simplify the formatting and text of 
the previously published notice. This modified system will be included 
in DHS's inventory of record systems.
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    \1\ NLETS, which is owned by the States, is a 501(c)(3) 
nonprofit organization that was created over 50 years ago by the 
principal law enforcement agencies of the States.

DATES: Submit comments on or before July 18, 2019. This modified system 
will be effective upon publication. New or modified routine uses are 
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effective July 18, 2019.

ADDRESSES: You may submit comments, identified by docket number DHS-
2019-0004 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2019-0004. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    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: 
Donald K. Hawkins, (202) 272-8030, 
[email protected], Privacy Officer, U.S. 
Citizenship and Immigration Services, 20 Massachusetts Avenue NW, 
Washington, DC 20529. For privacy questions, please contact: Jonathan 
R. Cantor, (202) 343-1717, [email protected], Acting Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/
USCIS proposes to modify and reissue a current DHS system of records 
titled, ``DHS/USCIS-011 E-Verify Program System of Records.''
    USCIS is modifying this system of records notice (SORN) to (1) add 
the

[[Page 28327]]

DUNS number as a category of record; (2) add VIBE as a new record 
source; (3) specify under categories of records that information from 
State Motor Vehicle Agencies can be derived from commercial data 
providers; (4) update Routine Use E and add Routine Use F to comply 
with requirements set forth by OMB Memorandum M-17-12, ``Preparing for 
and Responding to a Breach of Personally Identifiable Information,'' 
(Jan. 3, 2017); (5) amend Routine Use J to include disclosure to NLETS 
for the purpose of validating information from a driver's license, 
permit, or identification card issued by a state Motor Vehicle Agency; 
(6) add Routine Use L for disclosure to persons and other entities 
authorized by federal law to confirm the employment eligibility of 
individuals subject to verification under E-Verify; (7) add Routine Use 
M for disclosure to federal government intelligence or counterterrorism 
agencies or components when DHS becomes aware of a violation or 
potential violation of E-Verify program requirements that is related to 
an indication of a threat or potential threat to national security for 
the purpose of countering such threat; and (8) explain that this system 
of records covers records from other DHS systems of records that may 
claim exemptions and DHS will comply with the record source system 
exemptions when relevant. All following routine uses are being 
renumbered to account for the additional routine uses. Additionally, 
this notice includes non-substantive changes to simplify the formatting 
and text of the previously published notice.
    E-Verify is an internet-based system that allows enrolled 
participants to electronically confirm the employment eligibility of 
employees to work in the United States. Participants collect 
information from the Form I-9, Employment Eligibility Verification, 
completed by the employee, to query against existing information 
accessed by the Verification Information System (VIS). VIS provides 
employment authorization information to employers, entities authorized 
by federal law to use E-Verify, and to individuals seeking to check 
employment eligibility under the Immigration and Nationality Act (INA). 
It may be used by DHS to support DHS monitoring and compliance 
activities aimed to prevent the commission of fraud, discrimination, or 
other misuse or abuse of E-Verify, or other violation of law related to 
employment eligibility verification. E-Verify, in particular, monitors 
against violations of privacy laws or other illegal activity related to 
misuse of E-Verify, including for example: (1) Investigating duplicate 
or incomplete enrollments by employers; (2) inappropriate enrollments 
by individuals posing as employers; (3) verifications that are not 
performed within the required time limits; and (4) cases referred by 
and between E-Verify and the Department of Justice Immigrant and 
Employee Rights Section (formerly known as the Office of Special 
Counsel for Immigration-Related Unfair Employment Practices), or other 
intelligence or law enforcement entities.
    Additionally, the information in E-Verify may be used for program 
management and analysis, program outreach, customer service, and 
preventing or deterring further use of stolen identities in E-Verify.
    USCIS also provides services to employees, job seekers, and 
employers through a free Web-based service: myE-Verify, which provides 
the following resources:
     Resource Center: Information and learning materials from 
the employee's perspective about the E-Verify and employment 
eligibility verification processes, including employee's rights and 
roles, privacy, as well as the employer's responsibilities.
     Case Tracker: Track the status of the employee's E-Verify 
case-in-progress and advises whether any action is required.
     myE-Verify personal accounts: Allows employees to 
establish a secure personal account to access additional myE-Verify 
features. Account holders have access to the following features:
    [cir] Self Lock: Protects the employee's identity by preventing 
unauthorized use of his or her Social Security number (SSN) in E-
Verify. Self Lock allows the employee to place a ``lock'' on his or her 
SSN. This helps prevent anyone else from using the employee's SSN to 
try to get a job with an E-Verify employer. The Self Lock feature is 
only available to myE-Verify account holders.
    [cir] Document Expiration Reminders: When an employee presents a 
work authorization document with an expiration date, E-Verify will 
remind the employer when the document is about to expire. This case 
alert provides a countdown of expiring work authorization documents 
beginning 90 days before expiration and will show the document as 
expired for 30 days past expiration.
    [cir] Case History: Allows employees to see where and when their 
information has been used in E-Verify and Self Check. The Case History 
feature is only available to myE-Verify account holders.
    [cir] Self Check: Provides individuals the ability to confirm their 
employment eligibility. Self Check also provides a service that permits 
individuals who successfully complete a Self Check case to establish a 
myE-Verify account. The information collected to register and maintain 
a myE-Verify account, including information collected for e-
authentication purposes, is covered by DHS/ALL-037 E-Authentication 
System of Records, previously published in the Federal Register at 79 
FR 46857 (August 11, 2014).
    Consistent with DHS's information sharing mission, records covered 
by this SORN may be shared with other DHS Components that have a need 
to know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, DHS/USCIS may share information with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice. USCIS reviews disclosures from 
this System of Records for compliance with Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (IIRIRA) section 404(h).
    This modified system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate 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 from 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. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    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

[[Page 28328]]

Management and Budget and to Congress.
SYSTEM NAME AND NUMBER
    Department of Homeland Security (DHS)/U.S. Citizenship Immigration 
Service (USCIS)-011 E-Verify Program.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at USCIS Headquarters in Washington, DC and 
at DHS/USCIS field offices. Electronic records are stored in the 
Verification Information System (VIS).

SYSTEM MANAGER(S):
    Chief, Verification Division, [email protected], U.S. Citizenship 
and Immigration Services, Department of Homeland Security, 131 M Street 
NE, Suite 200, Mail Stop 200, Washington, DC 20529.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, Public Law 104-208, secs. 401-405 (Sept. 30, 1996), codified at 8 
U.S.C. 1324a note.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to provide employment authorization 
information to employers, entities authorized by federal law to 
participate in E-Verify, and to individuals seeking to check employment 
eligibility under the Immigration and Nationality Act (INA). This 
system also enables individuals to access features concerning the use 
of their personally identifiable information (PII) in E-Verify, such as 
the ability to lock their Social Security number (SSN) to prevent its 
use in E-Verify and Self Check. The system may also be used by DHS to 
support DHS 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 violations of privacy laws or other illegal activity related 
to misuse of E-Verify, including for example: (1) Investigating 
duplicate or incomplete enrollments by employers; (2) inappropriate 
enrollments by individuals posing as employers; (3) verifications that 
are not performed within the required time limits; and (4) cases 
referred by and between E-Verify and the Department of Justice 
Immigrant and Employee Rights Section (formerly known as the Office of 
Special Counsel for Immigration-Related Unfair Employment Practices), 
or other intelligence or law enforcement entities.
    Additionally, the information in E-Verify may be used for program 
management and analysis, program outreach, customer service, and 
preventing or deterring further use of stolen identities in E-Verify.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by E-Verify, to the extent these 
individuals are covered by and defined by the Privacy Act and this 
SORN, include: Employees whose employers have submitted identity and 
employment eligibility information on their behalf; employers or 
employer agents that enroll in E-Verify; clients of employer agents who 
enroll in E-Verify; individuals employed or retained by employers or 
employer agents who have accounts to use E-Verify; individuals subject 
to verification by E-Verify; entities authorized by federal law to use 
E-Verify; entities who contact E-Verify for information on the use of 
E-Verify; entities who provide their names and contact information to 
E-Verify for notification or contact purposes; individuals seeking to 
confirm employment eligibility under the INA using Self Check; and 
individuals who have created a myE-Verify account.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information collected about individuals may include the following:
    A. Information about the employee or individual to be confirmed:
     Full name (first, middle, and last);
     Other names or aliases, if available;
     Date of birth;
     SSN;
     Home address (address, apartment number, city, state/
region);
     Email address;
     Telephone number (home, mobile, work, other);
     Employee's First Day of Employment;
     Claimed citizenship status;
     Form I-9 document type provided by individual to the 
entity verifying employment eligibility (such as passport, employment 
authorization document, or permanent resident card);
     Expiration date of acceptable Form I-9 document;
     State or jurisdiction of issuance of identity document 
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card;
     Passport number and country of issuance;
     Driver's license number, driver's permit number, or state-
issued ID number;
     Receipt number;
     Visa number;
     Alien Number (A-Number);
     I-94 Number;
     Form I-766, Employment Authorization Document, Number; and
     Form I-551, Permanent Resident Card, Number and 
photographs.
    B. Disposition data from the employer or entity. If the E-Verify 
case result is Employment Authorized, E-Verify automatically closes the 
case and no additional information is collected from the employer or 
entity. The following codes are entered by the employer or entity when 
the case result is Final Nonconfirmation (FNC), based on what the 
employer or entity does as a result of the employment verification 
query (the most up-to-date disposition codes can be found in the E-
Verify User Manual available at https://www.E-Verify.gov):
     [Employer Name] will no longer employ [Employee Name].
     [Employer Name] will continue to employ [Employee Name].
    [cir] If the employer selects the option that he or she will 
continue to employ the individual, he or she has to provide the reason 
why he or she will do so in a free text field.
     Neither of the options above apply--I am closing this case 
for a different reason.
    [cir] If the employer selects the option that he or she is closing 
the case for another reason, the employer has to select a reason from 
the following predetermined reasons:
    [ssquf] SSA (Social Security Administration) asked me to re-run 
this case
    [ssquf] DHS (Department of Homeland Security) asked me to re-run 
this case
    [ssquf] The information entered was not correct.
    [ssquf] Other
     If the employer selects ``Other,'' the employer must type 
the reason in a free text field.
     Information related to the expiration of the three day 
hire rule;
    [cir] Whether an individual is awaiting a SSN;
    [cir] Technical problems;
    [cir] Audit revealed new hire was not run;
    [cir] Federal contractor with E-Verify clause verifying existing 
employees; and
    [cir] Other.
    C. Information about the Enrollee, Employer, Entity, or Employer 
Agent:
     Company name;
     ``Doing business as'' name (optional);
     Data Universal Numbering System (DUNS) number (only 
required for employers with Federal Acquisition Regulation (FAR) 
clause);
     Street address;

[[Page 28329]]

     Employer Identification Number (EIN);
     North American Industry Classification System (NAICS) 
code;
     Number of employees;
     Number of sites;
     Parent company or corporate company;
     Name of company point of contact;
     Phone number;
     Fax number; and
     Email address.
    D. Information about the Individual User of E-Verify (e.g., Human 
Resource employee conducting E-Verify queries):
     Full name (first, middle initial, and last);
     Telephone number (home, mobile, work, other);
     Fax number;
     Email address; and
     User ID.
    E. Employment Eligibility Information created by E-Verify:
     Case Verification Number; and
     Verification Information System response (the most up-to-
date codes can be found in the E-Verify User Manual available at 
https://www.E-Verify.gov), for example:
    [cir] Employment authorized;
    [cir] DHS verification in process;
    [cir] SSA Tentative Nonconfirmation (TNC);
    [cir] DHS TNC;
    [cir] Employee referred to SSA;
    [cir] Employee referred to DHS;
    [cir] Close Case and Resubmit;
    [cir] SSA Case in Continuance (In rare cases, SSA needs more than 
10 Federal Government workdays to confirm employment eligibility); and
    [cir] DHS Case in Continuance (In rare cases, DHS needs more than 
10 Federal Government workdays to confirm employment eligibility);
    [cir] FNC.
    F. Information from the National Law Enforcement Telecommunications 
System (NLETS) and State Motor Vehicle Agencies (MVA) used to verify 
the information from a driver's license, permit, or state issued ID 
card. The categories of records from MVAs and MVA information via 
commercial data providers include:
     Full name (first, middle and last);
     State or Jurisdiction of Issuance;
     Document type (i.e., driver's license, driver's permit, or 
state-issued ID card);
     Document number;
     Date of birth;
     Status text (e.g., status of the license--valid, revoked, 
or expired);
     Status description text (i.e., document issue date and/or 
record found indicator); and
     Expiration date.
    G. Information from federal databases used to confirm employment 
eligibility may contain some or all of the following information about 
the individual being verified:
     Full name (first, middle, and last);
     Other names or aliases, if available;
     Date of birth;
     Age;
     Country of birth;
     Country of citizenship;
     A-Number;
     SSN;
     Citizenship number;
     Receipt number;
     Home address (address, apartment number, city, state/
region);
     Previous Address;
     Phone number;
     Nationality;
     Gender;
     Photograph;
     Date entered into United States;
     Class of admission;
     File Control Office Code;
     Student and Exchange Visitor Information System (SEVIS) 
Number;
     Form I-94 Number;
     Provision of Law cited for employment authorization;
     Office Code where the authorization was granted;
     Date employment authorization decision was issued;
     Date employment authorization begins;
     Date employment authorization expires;
     Date employment authorization was denied;
     Confirmation of employment eligibility;
     TNC of employment eligibility and justification;
     FNC of employment eligibility;
     Status of Department of Justice Executive Office 
Immigration Review System (EOIR) information, if in proceedings;
     Date alien's status changed;
     Class of Admission Code;
     Date employee is admitted into the U.S. until;
     Port of Entry;
     Departure date;
     Visa Number;
     Passport Number;
     Passport Country of Issuance (COI);
     Passport Card Number;
     Benefit granting document number, for example, Form I-551, 
Permanent
    Resident Card, or Form I-766, Employment Authorization Document;
     Expiration date;
     Employment Authorization Card information;
     Permanent Resident Card information;
     Employer Identification Number;
     Valid to date;
     Student status;
     Visa Code;
     Status Code;
     Status change date;
     Port of Entry Code;
     Non-Citizen entry date;
     Program end date;
     Naturalization Certificate Number;
     Naturalization date and place;
     Naturalization information and certificate;
     Naturalization verification (Citizenship Certificate 
Identification ID);
     Naturalization verification (Citizenship naturalization 
date/time);
     Immigration status (Immigration Status Code);
     Universal Control Number (formerly known as Federal Bureau 
of Investigation Number);
     Admission Number;
     Date of admission;
     Marital status;
     Marriage date and place;
     Marriage information and Certificate;
     Visa Control Number;
     Visa Foil Number;
     Case history;
     Alerts;
     Case summary comments;
     Case category;
     Date of encounter;
     Encounter information;
     Case actions and decisions;
     Bonds;
     Current status;
     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 United States;
     File Number; and
     File location.
    H. Information from individuals who successfully complete an E-
Verify query using Self Check:
     Full name (first, middle initial, and last);
     Other names or aliases, if available;
     Date of birth;
     SSN; and
     Document(s) type, associated number, and associated 
expiration date that demonstrates work authorization. These may include 
U.S. Passport, Form I-766, Employment Authorization Document, Form I-
551, Permanent Resident Card, or other documents and associated numbers 
listed as acceptable Form I-9, Form I-9 and supporting documents; and 
Employment Eligibility Verification documents.
    I. Information from individuals that establish a lock on their SSN 
through myE-Verify accounts:

[[Page 28330]]

     Full name (first, middle initial, and last);
     Other names or aliases, if available;
     SSN;
     Date of birth;
     Lock Receipt Number;
     Lock date and expiration date;
     Email address; and
     Self-Generated security questions and answers.

RECORD SOURCE CATEGORIES:
    Records are obtained from several sources including: (A) 
Information collected from employers and entities about their 
employees; (B) Information collected from individuals relating to 
employment eligibility verification; (C) Information collected from E-
Verify users used to provide account access and monitoring; (D) 
Information collected from entities requesting information about E-
Verify; (E) Information created by E-Verify; (F) Information from 
individuals seeking to check employment eligibility and access to 
features concerning the use of their information in E-Verify and Self 
Check; (G) Federal and state databases listed below, including the 
systems and the SORNs that cover information contained in those 
systems:
     SSA Numident System covered by SSA's Master Files of SSN 
Holders and SSN Applications SORN, 79 FR 8780 (February 13, 2014), 78 
FR 40542 (July 5, 2013), and 75 FR 82121 (December 29, 2010);
     U.S. Customs and Border Protection (CBP) information 
covered by DHS/CBP-005 Advance Passenger Information System SORN, 80 FR 
13407 (March 13, 2015); DHS/CBP-007 CBP Border Crossing Information 
SORN, 81 FR 89957 (December 13, 2016); DHS/CBP-011 U.S. Customs and 
Border Protection TECS SORN, 73 FR 77778 (December 19, 2008); DHS/CBP-
016 Non-Immigrant System SORN, 80 FR 13398 (March 13, 2015); DHS/CBP-
021 Arrival and Departure Information System SORN, 80 FR 72081 
(November 18, 2015); DHS/USVISIT-004 DHS Automated Biometric 
Identification System (IDENT) SORN, 72 FR 31080 (June 5, 2007); DHS/
USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System 
of Records SORN, 82 FR 43556 (September 18, 2017); and DHS/ICE-001 
Student and Exchange Visitor Information System (SEVIS) SORN, 75 FR 412 
(January 5, 2010);
     CBP Nonimmigrant Information System (NIIS) covered by DHS/
CBP-016 Non-Immigrant System SORN, 80 FR 13398 (March 13, 2015);
     CBP Border Crossing Information (BCI) covered by DHS/CBP-
007 CBP Border Crossing Information SORN, 81 FR 89957 (December 13, 
2016);
     U.S. Immigration Customs and Enforcement (ICE) SEVIS 
covered by DHS/ICE-001 Student and Exchange Visitor Information System 
(SEVIS) SORN, 75 FR 412 (January 5, 2010); DHS/ALL-016 Correspondence 
Records SORN, 83 FR 48645 (September 26, 2018); and DHS/ALL-003 
Department of Homeland Security General Training Records SORN, 73 FR 
71656 (November 25, 2008);
     ICE ENFORCE Integrated Database (EID) Enforcement Alien 
Removal Module (EARM) Alien Number covered by DHS/ICE-011 Criminal 
Arrest Records and Immigration Enforcement Records (CARIER) System of 
Records SORN, 81 FR 72080 (October 19, 2016);
     USCIS Aliens Change of Address System (AR-11) covered by 
DHS/USCIS-007 Benefit Information System SORN, 81 FR 72069 (October 19, 
2016);
     USCIS Central Index System (CIS) covered by DHS/USCIS/ICE/
CBP-001 Alien File, Index, and National File Tracking System of Records 
SORN, 82 FR 43556 (September 18, 2017);
     USCIS Customer Profile Management System (CPMS) covered by 
DHS/USCIS-018 Immigration Biometric and Background Check (IBBC) System 
of Records SORN, 83 FR 36950 (July 31, 2018);
     USCIS Computer-Linked Application Information Management 
System 3 (CLAIMS 3) covered by DHS/USCIS-007 Benefit Information System 
SORN, 81 FR 72069 (October 19, 2016);
     USCIS Computer-Linked Application Information Management 
System 4 (CLAIMS 4) covered by DHS/USCIS-007 Benefit Information System 
SORN, 81 FR 72069 (October 19, 2016);
     USCIS Citizenship and Immigration Services Centralized 
Operational Repository (eCISCOR); \2\
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    \2\ SORN coverage is dependent upon connected IT systems. See 
Appendix to DHS/USCIS/PIA-023(b) Enterprise Citizenship and 
Immigrations Services Centralized Operational Repository.
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     USCIS RAILS (a modernization of the National File Tracking 
System) covered by DHS/USCIS/ICE/CBP-001 Alien File, Index, and 
National File Tracking System of Records SORN, 82 FR 43556 (September 
18, 2017);
     USCIS Microfilm Digitization Application System (MiDAS) 
covered by DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File 
Tracking System of Records SORN, 82 FR 43556 (September 18, 2017);
     USCIS Marriage Fraud Amendment System (MFAS) covered by 
DHS/USCIS-007 Benefit Information System SORN, 81 FR 72069 (October 19, 
2016);
     USCIS Enterprise Document Management System (EDMS) covered 
by DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking 
System of Records SORN, 82 FR 43556 (September 18, 2017);
     USCIS Global (formerly known as Refugees, Asylum, and 
Parole System (RAPS)) covered by DHS/USCIS-010 Asylum Information and 
Pre-Screening System of Records SORN, 80 FR 74781 (November 30, 2015);
     USCIS Validation Instrument for Business Enterprises 
(VIBE) covered by DHS/USCIS/ICE/CBP-001 Alien File, Index, and National 
File Tracking System of Records SORN, 82 FR 43556 (September 18, 2017); 
DHS/USCIS-006 Fraud Detection and National Security Records (FDNS) 
SORN, 77 FR 47411 (August 8, 2012); and DHS/USCIS-007 Benefit 
Information System SORN, 81 FR 72069 (October 19, 2016);
     Department of State Consular Consolidated Database (CCD) 
covered by STATE-05 Overseas Citizens Services Records and Other 
Overseas Records, 81 FR 62235, (September 8, 2016); STATE-26 Passport 
Records, 80 FR 15653 (March 24, 2015); and STATE-39 Visa Records, 83 FR 
28062 (June 15, 2018);
     DOJ's Immigration Review Information Exchange System 
(IRIES) covered by EOIR-001 Records and Management Information System, 
69 FR 26179 (May 11, 2004), including routine use updates in 82 FR 
24147 (May 25, 2017); and
     State Motor Vehicle Agencies (through commercial data 
providers).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 listed below. USCIS 
reviews disclosures from this System of Records for compliance with 
IIRIRA section 404(h).
    A. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other federal agencies conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or

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    4. The United States or any agency thereof.
    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 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. secs. 2904 
and 2906.
    D. To an agency or organization 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    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, when 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 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.
    I. To employers participating in E-Verify in order to confirm the 
identity and employment eligibility of their employees working in the 
United States.
    J. To NLETS and the American Association of MVA Network and 
participating MVAs for the purpose of validating information for a 
driver's license, permit, or identification card issued by the state 
MVAs.
    K. To the DOJ, Civil Rights Division, for the purpose of responding 
to matters within the DOJ's jurisdiction of E-Verify, especially with 
respect to discrimination.
    L. To persons and other entities authorized by federal law to 
determine the employment eligibility of individuals subject to 
verification under E-Verify (e.g., SSA).
    M. To federal government intelligence or counterterrorism agencies 
or components when DHS becomes aware of a violation or potential 
violation of E-Verify program requirements that is related to an 
indication of a threat or potential threat to national security to 
assist in countering such threat.
    N. 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, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/USCIS stores records in this system electronically or on paper 
in secure facilities in a locked drawer behind a locked door. The 
records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/USCIS may retrieve records by name, verification case number, 
A-Number, I-94 Number, Receipt number, Passport (United States or 
Foreign) number and country of issuance, Driver's License, Permit, or 
State-Issued Identification Card Number, or SSN of the employee or 
employee user, or by the submitting company name.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    E-Verify records are covered by NARA-approved records retention and 
disposal schedule, N1-566-08-007. USCIS stores and retains records 
collected in the process of enrolling in E-Verify and in verifying 
employment eligibility for ten (10) years from the date of the 
completion of the last transaction, unless the records are part of an 
ongoing 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).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/USCIS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. USCIS has imposed strict controls 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.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer and to the 
USCIS FOIA/Privacy Act Officer whose contact information can be found 
at http://www.dhs.gov/foia under ``Contact Information.'' 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, Washington, DC 20528-0655. Even if 
neither the Privacy Act nor the Judicial Redress Act provide a right of 
access, certain records about you may be available under the Freedom of 
Information Act.

[[Page 28332]]

    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's 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, an individual may obtain forms for this 
purpose from the Chief Privacy Officer and Chief Freedom of Information 
Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records;
    If an individual's request is seeking records pertaining to another 
living individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, 
individuals may make a request for amendment or correction of a record 
of the Department about the individual by writing directly to the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. The request should identify 
each particular record in question, state the amendment or correction 
desired, and state why the individual believes that the record is not 
accurate, relevant, timely, or complete. The individual may submit any 
documentation that would be helpful. If the individual believes that 
the same record is in more than one system of records, the request 
should state that and be addressed to each component that maintains a 
system of records containing the record. For records not covered by the 
Privacy Act or Judicial Redress Act, individuals may still amend their 
records at a USCIS Field Office by making an InfoPass appointment 
http://infopass.uscis.gov or by contacting the USCIS Contact Center at 
1-800-375-5283.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    No exemption will be claimed except for those records covered by a 
system of records that have been claimed exempt in that source system 
identified above in the record source categories under 5 U.S.C. 
552a(j)(2) and are covered by this system of records. DHS will claim 
the same exemptions for those records that are claimed for the original 
primary systems of records from which they originated for this system.

HISTORY:
    DHS/USCIS-011 E-Verify Program, 79 FR 46852 (August 11, 2014); E-
Verify Program, 77 FR 47419 (August 8, 2012); Verification and 
Information System (VIS), 73 FR 75445 (December 11, 2008); VIS, 73 FR 
10793 (February 28, 2008); VIS, 72 FR 17569 (April 9, 2007); Justice/
INS-035, 67 FR 64134 (October 17, 2002); and Alien Status; and 
Verification Index (ASVI) Justice/INS-009, 66 FR 174 (September 7, 
2001).

Jonathan R Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-12789 Filed 6-17-19; 8:45 am]
 BILLING CODE 9111-97-P