[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28035-28042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11972]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0038]
Privacy Act of 1974; Department of Homeland Security/U.S.
Citizenship and Immigration Services--011 E-Verify Program System of
Records
AGENCY: Privacy Office, DHS.
ACTION: Notice 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 establish a new Department of Homeland
Security system of records notice titled, ``Department of Homeland
Security/U.S. Citizenship and Immigration Services--011 E-Verify
Program System of Records.'' The U.S. Citizenship and Immigration
Services E-Verify Program allows employers to check citizenship status
and verify employment eligibility of newly hired employees. Previously,
these records were covered under Department of Homeland Security/U.S.
Citizenship and Immigration Services--004 Verification Information
System of Records, December 11, 2008, along with records from the U.S.
Citizenship and Immigration Services Systematic Alien Verification for
Entitlements (SAVE) Program. In order to provide clearer transparency
and enable public understanding, the Department is publishing two
separate systems of records for U.S. Citizenship and Immigration
Services E-Verify and SAVE Programs. This newly established system will
be included in the Department of Homeland Security's inventory of
record systems. The U.S. Citizenship and Immigration Services SAVE
Program system of records notice can be found elsewhere in the Federal
Register.
DATES: Submit comments on or before June 18, 2010. This new system will
be effective June 18, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0038 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 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.
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:
Claire Stapleton, Privacy Branch Chief, Verification Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
Washington, DC 20529. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Citizenship and Immigration
Services (USCIS) proposes to establish a new
[[Page 28036]]
DHS system of records titled, ``DHS/USCIS--011 E-Verify Program System
of Records.''
E-Verify was mandated by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Public Law (Pub. L.)
104-208, September 30, 1996. The program is a free, and in most cases
voluntary, DHS program implemented by USCIS and operated in
collaboration with the Social Security Administration (SSA). The
program compares information provided by employees on the Employment
Eligibility Verification Form I-9 (Form I-9) against information in SSA
and DHS databases in order to verify an employee's employment
eligibility. All U.S. employers are responsible for the completion and
retention of Form I-9 for each individual, whether citizen or non-
citizen, they hire for employment in the United States. On Form I-9,
the employer must verify the employment eligibility and identity
documents presented by the employee and record the document information
on Form I-9.
Previously, USCIS addressed E-Verify Program and the Systematic
Alien Verification for Entitlements (SAVE) Program in the same Privacy
Impact Assessment (PIA) and System of Records Notice (SORN) titled,
DHS/USCIS--004 Verification Information System (VIS) of Records,
December 11, 2008. VIS was and continues to be the underlying
technology of both systems. This SORN, which describes E-Verify
independently from SAVE, is written to provide clearer transparency and
enable public understanding of these programs. USCIS has prepared a
separate SORN to discuss the SAVE Program and can be found elsewhere in
the Federal Register.
The Immigration and Naturalization Service (INS) initially
developed the predecessor to E-Verify, the Basic Pilot Program, as a
voluntary pilot program as required by IIRIRA. When Congress created
DHS, it incorporated INS programs under DHS and USCIS was charged with
operating the Basic Pilot Program. In addition to changing the name of
the Basic Pilot Program, USCIS has continued to develop the program as
the requirements for employment verification have changed over time.
For example, some states require that all employers must use E-Verify,
while other states require that all state job services must use E-
Verify. Additionally, the federal government requires E-Verify checks
for all government employees and federal contractors.
E-Verify is a fully operational web based program that allows any
employer to enroll and begin to verify employees' employment
eligibility. The following describes the complete E-Verify process.
Enrollment
E-Verify participants may be one of two different classes of user
types: (1) Employers who use E-Verify for their own employees; or (2)
designated agents who use E-Verify for the employees of other
companies. Designated agents usually query E-Verify as a commercial
service for other employers that cannot, or choose not, to conduct the
E-Verify queries but who want the benefit of the program. To use E-
Verify, employers and designated agents must first enroll their company
online at http://www.dhs.gov/E-Verify. They complete a registration
application that collects basic contact information including: Company
Name, Company Street Address, Employer Identification Number, North
American Industry Classification System (NAICS) Code, Number of
Employees, Number of Employment Sites, Parent Company or Corporate
Company, Name of Company Point of Contact (POC) for E-Verify Usage, POC
Phone Number, POC Fax Number, and POC E-Mail Address.
Participants, whether an employer or designated agent, can then
create user accounts for the employees who will have access to E-
Verify. A user may be one of three user types:
General User: This user type performs verification
queries, views reports, and has the capability to update their personal
user account.
Program Administrator: This user type is responsible for
creating user accounts at their site for other Program Administrators
and General Users. They have the responsibility to view reports,
perform queries, update account information, and unlock user accounts
if a user has locked the account by entering the wrong password.
Corporate Administrator: This user type can view reports
for all companies associated with the E-Verify corporate account. This
allows them to see the activities associated with each general user.
They can also update user accounts, register new locations and users,
terminate access for existing locations, and perform site and user
maintenance activities for all sites and users associated with the
corporate account. Each company can have a single corporate
administrator.
E-Verify collects information about the user so that the program
can review and identify the use of the system by employers, and allows
the program to see more detailed information about user system usage.
The information collected specifically on users includes: Name (last,
first, middle initial), Phone Number, Fax Number, E-Mail Address, and
User ID.
Every E-Verify participating employer is required to read and sign
a Memorandum of Understanding (MOU) that explains the responsibilities
of DHS, SSA, and the participant. Once the E-Verify participant has
completed the enrollment form, E-Verify e-mails a unique user login and
password to the user. The employer must conspicuously display E-Verify
posters (posters are found on the Web site and are printed out by each
employer) at the hiring site that indicate the employer's participation
in E-Verify and describe the employees' rights regarding the employer's
participation in the program.
E-Verify Verification Process
Once employers enroll in E-Verify, they must verify the employment
eligibility of all new employees hired thereafter by entering the
employee's name, date of birth, Social Security Number (SSN), and
information from the documents provided on Form I-9, into the E-Verify
online user interface tool. Form I-9 has a field for the SSN but the
employee is not required to provide this number unless the employer is
participating in E-Verify. All employers in the U.S. are required to
use this form regardless of whether they are enrolled in E-Verify.
Processing Non-United States Citizens
For non-USCs, including immigrants, non-immigrants, and lawful
permanent residents, the vast majority of queries are completed when E-
Verify verifies the name, SSN, and birth date against SSA's Numident
system, followed by the name, date of birth, and Form I-9 document
information against certain DHS databases. The specific DHS database
against which the information will be verified depends on the document
provided by the employee. For example, if the employee uses an
Employment Authorization Document (EAD), the A-Number will be queried
against the USCIS Central Index System (CIS), and the EAD photograph,
as described below against the USCIS Image Storage and Retrieval System
(ISRS). If the employee is a non-immigrant, E-Verify queries the Form
I-94 number against the CBP Non Immigrant Information System (NIIS) and
Border Crossing Information System (BCI). If both SSA and DHS are able
to verify the employee`s employment eligibility the employer receives
an Employment Authorized notification. E-Verify generates a case
verification number and the employer may either print and retain the
Case Details page
[[Page 28037]]
from E-Verify or write the case verification number on Form I-9.
If the automated query does not immediately result in an Employment
Authorized response from E-Verify, the employer receives Verification
in Process response, which means that the query has been automatically
sent to the USCIS Status Verifiers. The USCIS Status Verifiers have one
day to verify the employee's employment eligibility by manually
reviewing the information submitted by the employer with information in
DHS databases. USCIS Status Verifiers are trained to evaluate the
information provided by the employee against the various DHS databases.
This could not be done as an automated process because of the
complexities of the various types of data. If the USCIS Status
Verifiers are able to confirm employment eligibility with the
information available to them, they indicate the response in E-Verify
and the employer will receive the Employment Authorized notification.
If the USCIS Status Verifiers are unable to confirm employment
eligibility, E-Verify will display a DHS Tentative Non-Confirmation
(TNC) response and generate a TNC Notice for the employer to print and
give to the employee, which explains that the employee has received a
TNC without going into detail as to specifically what caused the TNC.
The letter also explains the employee's rights, and gives him the
opportunity to decide if he will contest the result with DHS. If the
employee wishes to contest the TNC, the employee must notify his
employer, who indicates so in E-Verify and DHS E-Verify generates a
Referral Letter. This letter instructs the employee that he has 8 days
to contact USCIS Status Verifiers to resolve the discrepancy. Once the
employee contacts the USCIS Status Verifiers, the USCIS Status
Verifiers will attempt to resolve the discrepancy by either requesting
that the employee submit copies of the employee's immigration documents
or by researching a number of DHS databases to determine whether there
is any other information pertaining to that individual that would
confirm the employment eligibility status. To conduct these databases
searches, USCIS Status Verifiers may use a Person Centric Query System
to facilitate the information search. If the USCIS Status Verifier
determines that the employee is eligible to work, the USCIS Status
Verifier will indicate this in E-Verify, which will then notify the
employer that the employee is Employment Authorized. If the Status
Verifier determines that an employee is not eligible to work, the
Status Verifier will update E-Verify with an Final Non-Confirmation
(FNC) disposition and E-Verify will notify the employer of this
resolution. At this point, the employer may legally terminate the
individual's employment and the employer must update the system to
acknowledge the action taken. If an employer retains an employee who
has received final confirmation that he is not eligible to work, and
fails to notify DHS, the employer may be liable for failure to notify
and knowingly employing an individual who is not eligible to work.
Photo Screening Tool
In addition to the normal verification process, if the employee has
used certain DHS-issued documents, such as the Permanent Resident Card
(Form I-551) or the Employment Authorization Card (Form I-766), or if
the employee is a U.S. citizen (USC) who used a U.S. passport for
completing Form I-9, the E-Verify tool will present to the employer the
photo on record for the applicable document. The DHS photos come from
DHS's ISRS database, and the passport photos come from a copy of the
Department of State passport data contained in TECS. This feature is
known as the Photo Screening Tool. The employer will visually compare
the photo presented by E-Verify with the photo on the employee's card.
The two photos should be an exact match. (This is not a check between
the individual and the photo on the card, since the employer compares
the individual to their photo ID during the Form I-9 process.) The
employer must then indicate in E-Verify whether the pictures match or
not. Depending on the employer's input, this may result in an
Employment Authorized response, or a DHS TNC for the employee based on
a photo mismatch, which the employee will need to resolve by contacting
a USCIS Status Verifier. If the employer reports that there is a
mismatch that results in a TNC, the employee will be notified that they
need to provide a photocopy of their document to a USCIS Status
Verifier. The USCIS Status Verifier will do various searches to try to
confirm the information supplied by the employee. In cases where the
information cannot be matched because the employee is asserting that
there is a mistake in the document, the employee will be sent to the
USCIS Application Support Center for resolution. E-Verify requires that
employers photocopy and retain a copy of the employee's Form I-9
documentation if it is Form I-766 or I-551.
E-Verify User Rules and Restrictions
E-Verify provides extensive guidance for the employer to operate
the E-Verify program through the user manual and training. One of the
requirements for using E-Verify is that the employer must only submit
an E-Verify query after an employee has been hired. Further, the
employer must perform E-Verify queries for newly hired employees no
later than the third (3rd) business day after they start work for pay.
These requirements help to prevent employers from misusing the system.
While E-Verify primarily uses the information it collects for
verification of employment eligibility, the information may also be
used for law enforcement (to prevent fraud and misuse of E-Verify, and
to prevent discrimination and identity theft), program analysis,
monitoring and compliance, program outreach, and prevention of fraud or
discrimination. On a case-by-case basis, E-Verify may give law
enforcement agencies extracts of information indicating potential
fraud, discrimination, or other illegal activities. The USCIS
Verification Division uses information contained in E-Verify for
several purposes: (1) Program management, which may include documentary
repositories of business information, internal and external audits,
congressional requests, and program reports; (2) Data analysis for
program improvement efforts and system enhancement planning, which may
include conducting surveys, user interviews, responding to public
comments received during rulemakings or from call center contacts which
may make outgoing or receive incoming calls regarding E-Verify,
including using information for testing purposes; (3) Monitoring and
compliance, as well as quality assurance efforts, which may include
analysis of customer use, data quality, or possible fraud,
discrimination or misuse or abuse of the E-Verify system. This may
originate directly from E-Verify or from its monitoring and compliance
activities or call center contacts, including but not limited to
records of interviews, employment and E-Verify-related documents and
other records obtained in the course of carrying out its monitoring and
compliance activities, especially in connection with determining the
existence of fraud or discrimination in connection with the use of the
E-Verify system. Data generated from this effort is stored in the CTMS
system; (4) Outreach activities to ensure adequate resources are
available to current and prospective program participants, which may
[[Page 28038]]
include call lists and other correspondence. USCIS may also permit
designated agents and employers to use the E-Verify logo if they have
agreed to certain licensing restrictions; and (5) Activities in support
of law enforcement to prevent fraud and misuse of E-Verify, and to
prevent discrimination and identity theft.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States 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 United States 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. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. 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 Management and Budget and to
Congress.
System of Records
DHS/USCIS--011
System name:
DHS/USCIS--011 E-Verify Program System of Records.
Security classification:
Unclassified, for official use only.
System location:
Records are maintained at the USCIS Headquarters in Washington,
D.C. and field offices.
Categories of individuals covered by the system:
Employees, both U.S. citizens and non-U.S. citizens, whose
employers have submitted to E-Verify their identification information;
Employers who enroll in E-Verify;
Designated agents who enroll in E-Verify;
Individuals employed or retained by employers or
designated agents who have accounts to use E-Verify;
Individuals who contact E-Verify with information on the
use of E-Verify;
Individuals who provide their names and contact
information to E-Verify for notification or contact purposes;
USCIS employees and contractors who have access to E-
Verify for operation, maintenance, monitoring, and compliance purposes
including, USCIS Status Verifiers, managers, and administrators; and
Individuals who may have been victims of identity theft
and have chosen to lock their social security number from further use
in the E-Verify program.
Categories of records in the system:
Employment eligibility information collected from the E-Verify
employer about the employee to be verified.
All Employees:
[cir] Name (last, first, middle initial, maiden);
[cir] Date of Birth;
[cir] Social Security Number;
[cir] Date of Hire;
[cir] Three day hire date expiration:
[dec222] Awaiting SSN;
[dec222] Technical Problems;
[dec222] Audit Revealed New Hire Was Not Run;
[dec222] Federal Contractor With E-Verify Clause Verifying Existing
Employees; and
[dec222] Other.
[cir] Claimed Citizenship Status;
[cir] Type of Document Used for Acceptable Form I-9 Verification;
[cir] Acceptable Form I-9 Document Expiration Date;
[cir] Photographs, if required by secondary verification;
[cir] Disposition data from the employer. The following codes are
entered by the employer based on what the employer does as a result of
the employment verification information:
[dec222] The employee continues to work for the employer after
receiving and Employment Authorized result: Employer selects this
option based on receiving an Employment Authorized response from E-
Verify;
[dec222] The employee continues to work for the employer after
receiving a Final Nonconfirmation result: Employer selects this option
based on the employee getting an FNC despite the employee contesting
the TNC and the employer retains the employee;
[dec222] The employee continues to work for the employer after
receiving a No Show result: Employer selects this option based on the
employee getting a TNC but the employee did not try to resolve the
issue with SSA or DHS and the employer retains the employee;
[dec222] The employee continues to work for the employer after
choosing not to contest a Tentative Nonconfirmation: Employer selects
this option when the employee does not contest the TNC but the employer
retains the employee;
[dec222] The employee was terminated by the employer for receiving
a Final Nonconfirmation result: Employer selects this option when
employee receives FNC and is terminated;
[dec222] The employee was terminated by the employer for receiving
a No Show result: Employer selects this option when employee did not
take an action to resolve and is terminated;
[dec222] The employee was terminated by the employer for choosing
not to contest a Tentative Nonconfirmationt: Employer selects this
option when employee does not contest the TNC and is terminated;
[dec222] The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
[dec222] The employee was terminated by the employer for reasons
other than E-Verify: Employer selects this option when employee is
terminated for reasons other than E-Verify;
[dec222] The case is invalid because another case with the same
data already exists: Employer selects this option when the employer ran
an invalid query because the information had already been submitted;
and
[dec222] The case is invalid because the data entered is incorrect:
Employer selects this option when the employer ran an invalid query
because the information was incorrect.
Non-USCs:
[cir] A-Number; and
[cir] I-94 Number.
Information about the Employer or Designated Agent:
[cir] Company Name;
[cir] Street Address;
[cir] Employer Identification Number;
[cir] North American Industry Classification System (NAICS) Code;
[[Page 28039]]
[cir] Number of Employees;
[cir] Number of Sites;
[cir] Parent Company or Corporate Company;
[cir] Name of Company Point of Contact;
[cir] Phone Number;
[cir] Fax Number;
[cir] E-Mail Address.
Information about the Individual Employer User of E-
Verify: (e.g., Human Resource employee conducting E-Verify queries)
[cir] Last Name;
[cir] First Name;
[cir] Middle Initial;
[cir] Phone Number;
[cir] Fax Number;
[cir] E-mail Address; and
[cir] User ID.
Employment Eligibility Information created by E-Verify:
[cir] Case Verification Number;
[cir] VIS Response:
[dec222] Employment Authorized;
[dec222] SSA TNC;
[dec222] DHS TNC;
[dec222] SSA Case in Continuance (In rare cases SSA needs more than
10 federal government workdays to confirm employment eligibility);
[dec222] DHS Case in Continuance (In rare cases DHS needs more than
10 federal government workdays to confirm employment eligibility);
[dec222] SSA FNC;
[dec222] DHS Verification in Process;
[dec222] DHS Employment Unauthorized;
[dec222] DHS No Show; and
[dec222] DHS FNC.
Monitoring and Compliance Information created as part of
E-Verify (USCIS The Verification Division monitors E-Verify to minimize
and prevent misuse and fraud of the system. This monitoring
information, and the accompanying compliance information, may in some
cases be placed in the electronic or paper files that make up E-
Verify.) The information may include:
[cir] Analytic or other information derived from monitoring and
compliance activities, including information placed in CTMS;
[cir] Complaint or hotline reports;
[cir] Records of communication;
[cir] Other employment and E-Verify related records, documents, or
reports derived from compliance activities, especially in connection
with determining the existence of fraud or discrimination in connection
with the use of the E-Verify system; and
[cir] Information derived from telephone calls, e-mails, letters,
desk audits or site visits, as well as information from media reports
or tips from law enforcement agencies.
Information used to verify employment eligibility. (E-
Verify uses VIS as the transactional database to verify the information
provided by the employee. VIS contains the E-Verify transaction
information. If E-Verify is unable to verify employment eligibility
through VIS, additional manual verification may be required. These
automated and manual verifications may include other DHS databases.)
Social Security Administration Numident System:
[cir] Confirmation of Employment Eligibility;
[cir] TNC of Employment Eligibility and Justification; and
[cir] FNC of Employment Eligibility.
USCIS Central Index System:
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Date Entered United States;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] File Control Office Code;
[cir] Social Security Number;
[cir] Form I-94 Number;
[cir] Provision of Law Cited for Employment Authorization;
[cir] Office Code Where the Authorization Was Granted;
[cir] Date Employment Authorization Decision Issued;
[cir] Date Employment Authorization Begins;
[cir] Date Employment Authorization Expires;
[cir] Date Employment Authorization Denied;
[cir] Naturalization Certificate Number; and
[cir] EOIR Information, if in Proceedings.
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI):
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Maiden Name;
[cir] Date Alien's Status Changed;
[cir] Date of Birth;
[cir] Class of Admission Code;
[cir] Date Admitted Until;
[cir] Country of Citizenship;
[cir] Port of Entry;
[cir] Date Entered United States;
[cir] Departure Date;
[cir] I-94 Number;
[cir] Visa Number;
[cir] Passport Number;
[cir] Passport Information; and
[cir] Passport Card Number.
USCIS Image Storage and Retrieval System (ISRS):
[cir] Receipt Number;
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Form Number, for example Form I-551 (Lawful Permanent
Resident card) or Form I-766 (Employment Authorization Document);
[cir] Expiration Date; and
[cir] Photograph.
USCIS Computer-Linked Application Information Management
System Version 3 (CLAIMS 3):
[cir] Receipt Number;
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Address;
[cir] Social Security Number;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] I-94 Number;
[cir] Employment Authorization Card Information;
[cir] Lawful Permanent Resident Card Information;
[cir] Date of Entry;
[cir] Valid To Date;
[cir] Petitioner Internal Revenue Service Number;
[cir] Attorney Name; and
[cir] Attorney Address.
ICE Student and Exchange Visitor Identification System
(SEVIS):
[cir] Student and Exchange Visitor Identification Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Date of Birth;
[cir] Country of Birth;
[cir] Class of Admission;
[cir] I-94 Number;
[cir] Date of Entry;
[cir] Valid To Date;
[cir] Social Security Number;
[cir] Nationality;
[cir] Gender;
[cir] Student Status;
[cir] Visa Code;
[cir] Status Change Date;
[cir] Port of Entry Code;
[cir] Non Citizen Entry Date;
[cir] Status Code; and
[cir] Program End Date.
USCIS Computer-Linked Application Information Management
System Version 4 (CLAIMS 4):
[cir] Alien Number;
[cir] Social Security Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Birth Date;
[cir] Birth Country;
[cir] Nationality;
[cir] Gender;
[[Page 28040]]
[cir] Naturalization Verification (Citizenship Certificate
Identification ID);
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time); and
[cir] Address.
USCIS Reengineered Naturalization Applications Casework
System (RNACS):
[cir] Alien Number;
[cir] Last Name;
[cir] First Name;
[cir] Middle Name;
[cir] Birth Date;
[cir] Birth Country;
[cir] Gender;
[cir] Nationality;
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time);
[cir] Naturalization Verification (Citizenship Certificate
Identification ID);
[cir] Immigration Status (Immigration Status Code); and
[cir] Address.
USCIS Aliens Change of Address System (AR-11):
[cir] Name;
[cir] Current Address;
[cir] Date of Birth;
[cir] Previous Address;
[cir] Alien Number;
[cir] Federal Bureau of Investigation Number;
[cir] Admission Number; and
[cir] Previous Address.
USCIS Citizenship and Immigration Services Centralized
Operational Repository (CISCOR):
[cir] Receipt Number;
[cir] Beneficiary Alien Number;
[cir] Beneficiary Date of Birth;
[cir] Beneficiary Country of Birth;
[cir] Beneficiary Social Security Number;
[cir] Beneficiary Last Name;
[cir] Beneficiary First Name;
[cir] Beneficiary Middle Name;
[cir] Petitioner Alien Number;
[cir] Petitioner Social Security Number;
[cir] Petitioner Naturalization Certificate Number;
[cir] Petitioner First Name;
[cir] Petitioner Last Name;
[cir] Petitioner Firm Name; and
[cir] Petitioner Tax Number.
USCIS National File Tracking System (NFTS):
[cir] Alien Number; and
[cir] File Location.
USCIS Microfilm Digitization Application System (MiDAS):
[cir] Name;
[cir] Alien Number;
[cir] Date of Birth; and
[cir] Citizenship Number.
USCIS Marriage Fraud Amendment System (MFAS):
[cir] Individual:
[dec221] Name (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Country of Citizenship;
[dec221] Class of Admission;
[dec221] Date of Admission;
[dec221] Alien Number;
[dec221] Receipt Number;
[dec221] Phone Number; and
[dec221] Marriage Date and Place.
[cir] Spouse:
[dec221] Name (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Country of Citizenship;
[dec221] Class of Admission;
[dec221] Date of Admission;
[dec221] Alien Number;
[dec221] Receipt Number;
[dec221] Phone Number;
[dec221] Marriage Date and Place; and
[dec221] Naturalization Date and Place.
[cir] Children:
[dec221] Names (Last, First, Middle);
[dec221] Date of Birth;
[dec221] Country of Birth;
[dec221] Class of Admission; and
[dec221] Alien Number.
[cir] Employer:
[dec221] Name;
[dec221] Address;
[dec221] Supervisor's Name; and
[dec221] Supervisor's Phone Number.
USCIS Enterprise Document Management System (EDMS):
[cir] All information contained in an individual's A-File,
including, but not limited to:
[dec221] Alien Number;
[dec221] Last Name;
[dec221] First Name;
[dec221] Middle Name;
[dec221] Date of Birth;
[dec221] Date Entered United States;
[dec221] Country of Birth;
[dec221] Class of Admission;
[dec221] Social Security Number;
[dec221] Form I-94 Number;
[dec221] Naturalization Information and Certificate;
[dec221] Photograph; and
[dec221] Marriage Information and Certificate.
Department of State Consular Consolidated Database (CCD):
[cir] Name;
[cir] Date of Birth;
[cir] Passport Number;
[cir] Visa Control Number;
[cir] FOIL Number;
[cir] Alien Number; and
[cir] Photograph.
ICE ENFORCE Integrated Database (EID) Enforcement Alien
Removal Module (EARM) Alien Number:
[cir] Name;
[cir] Marital Status;
[cir] Date of Birth;
[cir] Age;
[cir] Sex;
[cir] Country of Birth;
[cir] Country of Citizenship;
[cir] Date of Entry;
[cir] Class of Admission;
[cir] Social Security Number;
[cir] Federal Bureau of Investigation Number;
[cir] Case History;
[cir] Alerts;
[cir] Case Summary Comments;
[cir] Case Category;
[cir] Date of Encounter;
[cir] Encounter Information;
[cir] Custody Actions & Decisions;
[cir] Case Actions & Decisions;
[cir] Bonds; and
[cir] Photograph.
USCIS Refugees, Asylum, and Parole System (RAPS):
[cir] Class of Admission;
[cir] Country of Birth;
[cir] Date of Birth;
[cir] Date of Entry;
[cir] Current Status; and
[cir] Asylum Applicant Receipt Date.
US-VISIT Arrival Departure Information System (ADIS):
[cir] Last Name;
[cir] First Name;
[cir] Date of Birth;
[cir] Country of Citizenship;
[cir] Sex;
[cir] Passport Number;
[cir] Airline and Flight Number;
[cir] Country of Residence;
[cir] City Where Boarded;
[cir] City Where Visa was Issued;
[cir] Date Visa Issued;
[cir] Address While in United States; and
[cir] Port of Entry.
Department of Justice Executive Office Immigration Review
System (EOIR):
[cir] Name;
[cir] File Number;
[cir] Address;
[cir] Nationality; and
[cir] 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:
The Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA), Public Law 104-208, dated September 30, 1996.
Purpose(s):
The purpose of this system is to provide employment authorization
[[Page 28041]]
information to employers participating in E-Verify. It may also be used
to support 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 violation of privacy laws or other illegal activity related
to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, and preventing or deterring
further use of stolen identities in E-Verify.
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 (including United States Attorney
Offices) or other federal agency 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 United States 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 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. The Department 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 the E-Verify program, which
includes potential fraud, discrimination, or employment based identity
theft and such disclosure is proper and consistent with the official
duties of the person making the disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction of the E-Verify Program,
especially with respect to discrimination.
J. 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 or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
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, verification number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number,
or Social Security Number of the employee, employee user, or by the
submitting company 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 E-Verify and in verifying employment
eligibility are stored and retained in E-Verify for ten (10) years,
from the date of the completion of the last transaction unless
[[Page 28042]]
the records are part of an on-going 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).
System Manager and address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services, 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 Verification Division 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., Building 410, 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 including: (A)
Information collected from employers about their employees relating to
employment eligibility verification; (B) Information collected from E-
Verify users used to provide account access and monitoring; (C)
Information collected from federal databases as listed in the Category
of Records section above; and (D) Information created by E-Verify,
including its monitoring and compliance activities.
Exemptions claimed for the system:
None.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11972 Filed 5-18-10; 8:45 am]
BILLING CODE 9111-97-P