[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51338-51340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16589]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

[OMB Control Number 1653-NEW; Docket ID ICEB-2023-0007]


Agency Information Collection Activities; New Information 
Collection; Comment Request; Non-E-Verify Remote Document Examination 
Pilot 1

AGENCY: Immigration and Customs Enforcement, Department of Homeland 
Security.

ACTION: 60-Day notice.

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SUMMARY: The Department of Homeland Security (DHS), U.S. Immigration 
and Customs Enforcement (ICE) invites the public to comment upon this 
proposed new collection of information. In accordance with the 
Paperwork Reduction Act (PRA) of 1995, the information collection 
notice is published in the Federal Register to obtain comments 
regarding all aspects of the information collection, the categories of 
respondents, the estimated burden (e.g., the time, effort, and 
resources used by the respondents to respond), the estimated cost to 
the respondent, and the actual information collection instruments.

DATES: Comments are encouraged and will be accepted until October 2, 
2023.

ADDRESSES: All submissions received must include the OMB Control Number 
1653-NEW in the body of the correspondence, the agency name and Docket 
ID ICEB-2023-0007. Submit comments via the Federal eRulemaking Portal 
website at https://www.regulations.gov under e-Docket ID number ICEB-
2023-0007.

FOR FURTHER INFORMATION CONTACT: Sharon Hageman, Deputy Assistant 
Director, Office of Regulatory Affairs and Policy, U.S. Immigration and 
Customs Enforcement, Department of Homeland Security, telephone number 
202-732-6960 (This is not a toll-free number. Comments are not accepted 
via telephone message.)

SUPPLEMENTARY INFORMATION:

Background

    Section 274A of the Immigration and Nationality Act (INA), as 
amended, prohibits the knowing employment of

[[Page 51339]]

unauthorized individuals and the hiring of individuals without first 
verifying their employment authorization and identity. Section 274B of 
the INA prohibits employment discrimination based on citizenship, 
immigration status, and national origin, in hiring, firing, and during 
the employment eligibility verification process. All employers must 
examine the documentation presented by individuals seeking to establish 
identity and employment authorization for the purpose of completing the 
Form I-9, Employment Eligibility Verification (Form I-9). On July 25, 
2023, DHS published a final rule, Optional Alternatives to the Physical 
Document Examination Associated with Employment Eligibility 
Verification (Form I-9). 88 FR 47990. Under the rule, the Secretary of 
Homeland Security (the Secretary) may, as an optional alternative to 
the in-person physical document examination (physical examination) 
method employers have followed as part of the Form I-9 process set 
forth in current regulations, consistent with applicable law and via 
notice published in the Federal Register, authorize alternative 
documentation examination procedures. The Secretary may authorize 
alternative documentation examination procedures with respect to some 
or all employers as part of a pilot program, or upon a determination 
that such procedures offer an equivalent level of security, or as a 
temporary measure to address a public health emergency declared by the 
Secretary of Health and Human Services (pursuant to Section 319 of the 
Public Health Service Act) or a national emergency declared by the 
President (pursuant to Sections 201 and 301 of the National Emergencies 
Act). To date, the Secretary has authorized one alternative procedure 
under the rule, upon a determination that such procedure offers an 
equivalent level of security. 88 FR 47749. This Notice seeks comment on 
a potential pilot procedure under the rule.

Proposed Pilot

    Through the Non-E-Verify Remote Document Examination Pilot 1 
(Pilot), ICE seeks to identify the potential effects of a specific 
Pilot procedure on the security of the employment verification system. 
ICE will evaluate a range of potential effects on system integrity, 
(such as error or fraud rates and discrimination, between physical 
examination of the Form I-9 documents and remote examination pursuant 
to the Pilot procedure. The Pilot procedure would resemble the 
authorized alternative procedure identified above (including with 
respect to remote document inspection, document retention, optionality, 
and protections against discrimination). The Pilot procedure would not, 
however, be available to E-Verify employers, because DHS has authorized 
an alternative procedure involving the use of E-Verify. The Pilot may 
be open to most employers but limited to employers below a specified 
size threshold (e.g., 500 employees).
    This information collection would involve a form to be completed by 
employers requesting to participate in the Pilot. ICE would regularly 
\1\ request feedback data (e.g., number of new hires, number of 
employees who requested to have a physical inspection, challenges 
associated with the Pilot procedure) from participating employers.
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    \1\ The burden estimate below assumes two requests annually per 
participating employer.
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    Participating employers would be required to examine and retain 
electronic copies that are clear and legible of all supporting 
documentation provided by individuals seeking to establish identity and 
employment authorization for the Form I-9 process. Employers may be 
required to undertake other measures to improve the security of the 
Pilot procedure. For instance, participating employers may be required 
to undertake fraudulent document detection and anti-discrimination 
training. In addition, for those employees who work onsite (i.e., at 
the same physical worksite as a supervisor or the official completing 
the Form I-9) or in a hybrid capacity, the employer may be prohibited 
from using the pilot procedure, or provided a timeframe, following the 
initial remote document examination, during which to physically examine 
the employee's Form I-9 documents and compare such documents to the 
copies on file.
    The INA specifically authorizes DHS, the Immigrant and Employee 
Rights Section of the Department of Justice's Civil Rights Division, 
and the Department of Labor to inspect Forms I-9, including any copies 
of employee documents retained with the corresponding Form I-9.\2\ 
Pilot participants, like all employers, would be subject to audits and 
investigations. DHS would monitor and evaluate data and information 
from ICE audits conducted to assess any measurable impacts to system 
integrity between the employers that use the alternative procedure and 
those that continue with physical document inspection.
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    \2\ See 8 U.S.C. 1324a(b)(3).
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Comments

    You may access the information collection instrument with 
instructions or additional information by visiting the Federal 
eRulemaking Portal site at: https://www.regulations.gov and entering 
ICEB-2023-0007 in the search box. All submissions will be posted, 
without change, to the Federal eRulemaking Portal at https://www.regulations.gov, and will include any personal information you 
provide. Therefore, submitting this information makes it public. You 
may wish to consider limiting the amount of personal information that 
you provide in any voluntary submission you make to DHS. DHS may 
withhold information provided in comments from public viewing that it 
determines may impact the privacy of an individual or is offensive. For 
additional information, please read the Privacy Act notice that is 
available via the link in the footer of https://www.regulations.gov.
    Written comments and suggestions from the public and affected 
agencies concerning the proposed collection of information should 
address one or more of the following four points:
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses).
    As part of this feedback, DHS welcomes and will consider input on 
all aspects of the pilot's potential terms and conditions, as described 
above.

Overview of This Information Collection

    (1) Type of Information Collection: New Collection.
    (2) Title of the Collection: Non-E-Verify Remote Document 
Examination Pilot 1.
    (3) Agency form number, if any, and the applicable component of the 
Department of Homeland Security sponsoring the collection: New ICE 
Form; ICE.

[[Page 51340]]

    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Respondents will be employers in the public, 
private, and not-for-profit sectors, who volunteer to participate in 
the pilot. These employers will submit responses to the New ICE Form. 
Up to twice a year, ICE may request feedback data (e.g., number of new 
hires, number of employees who requested to have a physical inspection, 
challenges associated with the Pilot procedure) from participating 
employers. A subset of the employers may take undertake fraudulent 
document training. Finally, employers participating in the Pilot must 
retain records as stipulated by the terms of the Pilot.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond:

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                                                     Number of
                                     Number of        annual         Number of       Time per         Average
         Collection type            respondents    responses per      annual         response      annual hours
                                                    respondent       responses        (hours)
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Questionnaire...................         100,000           0.333          33,333             0.5          16,667
Feedback Data...................         100,000               2         200,000             0.5         100,000
Training........................          50,000               1          50,000               2         100,000
Document Retention..............         100,000              10       1,000,000           0.083          83,333
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    Average Annual Hours........  ..............  ..............  ..............  ..............         300,000
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    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 300,000 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collections: There are no capital costs or operating and 
maintenance costs associated with this collection of information. The 
information for this collection may be submitted and retained 
electronically.

Sharon Hageman,
Deputy Assistant Director, Office of Regulatory Affairs and Policy, 
U.S. Immigrations and Customs Enforcement, Department of Homeland 
Security.
[FR Doc. 2023-16589 Filed 8-2-23; 8:45 am]
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