From: Subject: Federal Register, Volume 75 Issue 96 (Wednesday, May 19, 2010) Date: Fri, 12 Apr 2013 15:48:10 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2010-05-19/html/2010-11972.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 75 Issue 96 (Wednesday, May = 19, 2010) 
[Federal Register Volume 75, Number 96 (Wednesday, May 19, =
2010)]
[Notices]
[Pages 28035-28042]
From the Federal Register Online via the Government Printing Office [http://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.=20
Citizenship and Immigration Services--011 E-Verify Program System of=20
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=20
Homeland Security proposes to establish a new Department of Homeland=20
Security system of records notice titled, ``Department of Homeland=20
Security/U.S. Citizenship and Immigration Services--011 E-Verify=20
Program System of Records.'' The U.S. Citizenship and Immigration=20
Services E-Verify Program allows employers to check citizenship status=20
and verify employment eligibility of newly hired employees. Previously,=20
these records were covered under Department of Homeland Security/U.S.=20
Citizenship and Immigration Services--004 Verification Information=20
System of Records, December 11, 2008, along with records from the U.S.=20
Citizenship and Immigration Services Systematic Alien Verification for=20
Entitlements (SAVE) Program. In order to provide clearer transparency=20
and enable public understanding, the Department is publishing two=20
separate systems of records for U.S. Citizenship and Immigration=20
Services E-Verify and SAVE Programs. This newly established system will=20
be included in the Department of Homeland Security's inventory of=20
record systems. The U.S. Citizenship and Immigration Services SAVE=20
Program system of records notice can be found elsewhere in the Federal=20
Register.

DATES: Submit comments on or before June 18, 2010. This new system will=20
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/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Claire Stapleton, Privacy Branch Chief, Verification Division, U.S.=20
Citizenship and Immigration Services, Department of Homeland Security,=20
Washington, DC 20529. For privacy issues please contact: Mary Ellen=20
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,=20
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=20
Department of Homeland Security (DHS) U.S. Citizenship and Immigration=20
Services (USCIS) proposes to establish a new

[[Page 28036]]

DHS system of records titled, ``DHS/USCIS--011 E-Verify Program System=20
of Records.''
    E-Verify was mandated by the Illegal Immigration Reform and=20
Immigrant Responsibility Act of 1996 (IIRIRA), Public Law (Pub. L.)=20
104-208, September 30, 1996. The program is a free, and in most cases=20
voluntary, DHS program implemented by USCIS and operated in=20
collaboration with the Social Security Administration (SSA). The=20
program compares information provided by employees on the Employment=20
Eligibility Verification Form I-9 (Form I-9) against information in SSA=20
and DHS databases in order to verify an employee's employment=20
eligibility. All U.S. employers are responsible for the completion and=20
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,=20
the employer must verify the employment eligibility and identity=20
documents presented by the employee and record the document information=20
on Form I-9.
    Previously, USCIS addressed E-Verify Program and the Systematic=20
Alien Verification for Entitlements (SAVE) Program in the same Privacy=20
Impact Assessment (PIA) and System of Records Notice (SORN) titled,=20
DHS/USCIS--004 Verification Information System (VIS) of Records,=20
December 11, 2008. VIS was and continues to be the underlying=20
technology of both systems. This SORN, which describes E-Verify=20
independently from SAVE, is written to provide clearer transparency and=20
enable public understanding of these programs. USCIS has prepared a=20
separate SORN to discuss the SAVE Program and can be found elsewhere in=20
the Federal Register.
    The Immigration and Naturalization Service (INS) initially=20
developed the predecessor to E-Verify, the Basic Pilot Program, as a=20
voluntary pilot program as required by IIRIRA. When Congress created=20
DHS, it incorporated INS programs under DHS and USCIS was charged with=20
operating the Basic Pilot Program. In addition to changing the name of=20
the Basic Pilot Program, USCIS has continued to develop the program as=20
the requirements for employment verification have changed over time.=20
For example, some states require that all employers must use E-Verify,=20
while other states require that all state job services must use E-
Verify. Additionally, the federal government requires E-Verify checks=20
for all government employees and federal contractors.
    E-Verify is a fully operational web based program that allows any=20
employer to enroll and begin to verify employees' employment=20
eligibility. The following describes the complete E-Verify process.

Enrollment

    E-Verify participants may be one of two different classes of user=20
types: (1) Employers who use E-Verify for their own employees; or (2)=20
designated agents who use E-Verify for the employees of other=20
companies. Designated agents usually query E-Verify as a commercial=20
service for other employers that cannot, or choose not, to conduct the=20
E-Verify queries but who want the benefit of the program. To use E-
Verify, employers and designated agents must first enroll their company=20
online at http://www.dhs.gov/E-Verify. =
They complete a registration=20
application that collects basic contact information including: Company=20
Name, Company Street Address, Employer Identification Number, North=20
American Industry Classification System (NAICS) Code, Number of=20
Employees, Number of Employment Sites, Parent Company or Corporate=20
Company, Name of Company Point of Contact (POC) for E-Verify Usage, POC=20
Phone Number, POC Fax Number, and POC E-Mail Address.
    Participants, whether an employer or designated agent, can then=20
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=20
queries, views reports, and has the capability to update their personal=20
user account.
     Program Administrator: This user type is responsible for=20
creating user accounts at their site for other Program Administrators=20
and General Users. They have the responsibility to view reports,=20
perform queries, update account information, and unlock user accounts=20
if a user has locked the account by entering the wrong password.
     Corporate Administrator: This user type can view reports=20
for all companies associated with the E-Verify corporate account. This=20
allows them to see the activities associated with each general user.=20
They can also update user accounts, register new locations and users,=20
terminate access for existing locations, and perform site and user=20
maintenance activities for all sites and users associated with the=20
corporate account. Each company can have a single corporate=20
administrator.
    E-Verify collects information about the user so that the program=20
can review and identify the use of the system by employers, and allows=20
the program to see more detailed information about user system usage.=20
The information collected specifically on users includes: Name (last,=20
first, middle initial), Phone Number, Fax Number, E-Mail Address, and=20
User ID.
    Every E-Verify participating employer is required to read and sign=20
a Memorandum of Understanding (MOU) that explains the responsibilities=20
of DHS, SSA, and the participant. Once the E-Verify participant has=20
completed the enrollment form, E-Verify e-mails a unique user login and=20
password to the user. The employer must conspicuously display E-Verify=20
posters (posters are found on the Web site and are printed out by each=20
employer) at the hiring site that indicate the employer's participation=20
in E-Verify and describe the employees' rights regarding the employer's=20
participation in the program.

E-Verify Verification Process

    Once employers enroll in E-Verify, they must verify the employment=20
eligibility of all new employees hired thereafter by entering the=20
employee's name, date of birth, Social Security Number (SSN), and=20
information from the documents provided on Form I-9, into the E-Verify=20
online user interface tool. Form I-9 has a field for the SSN but the=20
employee is not required to provide this number unless the employer is=20
participating in E-Verify. All employers in the U.S. are required to=20
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=20
permanent residents, the vast majority of queries are completed when E-
Verify verifies the name, SSN, and birth date against SSA's Numident=20
system, followed by the name, date of birth, and Form I-9 document=20
information against certain DHS databases. The specific DHS database=20
against which the information will be verified depends on the document=20
provided by the employee. For example, if the employee uses an=20
Employment Authorization Document (EAD), the A-Number will be queried=20
against the USCIS Central Index System (CIS), and the EAD photograph,=20
as described below against the USCIS Image Storage and Retrieval System=20
(ISRS). If the employee is a non-immigrant, E-Verify queries the Form=20
I-94 number against the CBP Non Immigrant Information System (NIIS) and=20
Border Crossing Information System (BCI). If both SSA and DHS are able=20
to verify the employee`s employment eligibility the employer receives=20
an Employment Authorized notification. E-Verify generates a case=20
verification number and the employer may either print and retain the=20
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=20
Authorized response from E-Verify, the employer receives Verification=20
in Process response, which means that the query has been automatically=20
sent to the USCIS Status Verifiers. The USCIS Status Verifiers have one=20
day to verify the employee's employment eligibility by manually=20
reviewing the information submitted by the employer with information in=20
DHS databases. USCIS Status Verifiers are trained to evaluate the=20
information provided by the employee against the various DHS databases.=20
This could not be done as an automated process because of the=20
complexities of the various types of data. If the USCIS Status=20
Verifiers are able to confirm employment eligibility with the=20
information available to them, they indicate the response in E-Verify=20
and the employer will receive the Employment Authorized notification.
    If the USCIS Status Verifiers are unable to confirm employment=20
eligibility, E-Verify will display a DHS Tentative Non-Confirmation=20
(TNC) response and generate a TNC Notice for the employer to print and=20
give to the employee, which explains that the employee has received a=20
TNC without going into detail as to specifically what caused the TNC.=20
The letter also explains the employee's rights, and gives him the=20
opportunity to decide if he will contest the result with DHS. If the=20
employee wishes to contest the TNC, the employee must notify his=20
employer, who indicates so in E-Verify and DHS E-Verify generates a=20
Referral Letter. This letter instructs the employee that he has 8 days=20
to contact USCIS Status Verifiers to resolve the discrepancy. Once the=20
employee contacts the USCIS Status Verifiers, the USCIS Status=20
Verifiers will attempt to resolve the discrepancy by either requesting=20
that the employee submit copies of the employee's immigration documents=20
or by researching a number of DHS databases to determine whether there=20
is any other information pertaining to that individual that would=20
confirm the employment eligibility status. To conduct these databases=20
searches, USCIS Status Verifiers may use a Person Centric Query System=20
to facilitate the information search. If the USCIS Status Verifier=20
determines that the employee is eligible to work, the USCIS Status=20
Verifier will indicate this in E-Verify, which will then notify the=20
employer that the employee is Employment Authorized. If the Status=20
Verifier determines that an employee is not eligible to work, the=20
Status Verifier will update E-Verify with an Final Non-Confirmation=20
(FNC) disposition and E-Verify will notify the employer of this=20
resolution. At this point, the employer may legally terminate the=20
individual's employment and the employer must update the system to=20
acknowledge the action taken. If an employer retains an employee who=20
has received final confirmation that he is not eligible to work, and=20
fails to notify DHS, the employer may be liable for failure to notify=20
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=20
used certain DHS-issued documents, such as the Permanent Resident Card=20
(Form I-551) or the Employment Authorization Card (Form I-766), or if=20
the employee is a U.S. citizen (USC) who used a U.S. passport for=20
completing Form I-9, the E-Verify tool will present to the employer the=20
photo on record for the applicable document. The DHS photos come from=20
DHS's ISRS database, and the passport photos come from a copy of the=20
Department of State passport data contained in TECS. This feature is=20
known as the Photo Screening Tool. The employer will visually compare=20
the photo presented by E-Verify with the photo on the employee's card.=20
The two photos should be an exact match. (This is not a check between=20
the individual and the photo on the card, since the employer compares=20
the individual to their photo ID during the Form I-9 process.) The=20
employer must then indicate in E-Verify whether the pictures match or=20
not. Depending on the employer's input, this may result in an=20
Employment Authorized response, or a DHS TNC for the employee based on=20
a photo mismatch, which the employee will need to resolve by contacting=20
a USCIS Status Verifier. If the employer reports that there is a=20
mismatch that results in a TNC, the employee will be notified that they=20
need to provide a photocopy of their document to a USCIS Status=20
Verifier. The USCIS Status Verifier will do various searches to try to=20
confirm the information supplied by the employee. In cases where the=20
information cannot be matched because the employee is asserting that=20
there is a mistake in the document, the employee will be sent to the=20
USCIS Application Support Center for resolution. E-Verify requires that=20
employers photocopy and retain a copy of the employee's Form I-9=20
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=20
the E-Verify program through the user manual and training. One of the=20
requirements for using E-Verify is that the employer must only submit=20
an E-Verify query after an employee has been hired. Further, the=20
employer must perform E-Verify queries for newly hired employees no=20
later than the third (3rd) business day after they start work for pay.=20
These requirements help to prevent employers from misusing the system.
    While E-Verify primarily uses the information it collects for=20
verification of employment eligibility, the information may also be=20
used for law enforcement (to prevent fraud and misuse of E-Verify, and=20
to prevent discrimination and identity theft), program analysis,=20
monitoring and compliance, program outreach, and prevention of fraud or=20
discrimination. On a case-by-case basis, E-Verify may give law=20
enforcement agencies extracts of information indicating potential=20
fraud, discrimination, or other illegal activities. The USCIS=20
Verification Division uses information contained in E-Verify for=20
several purposes: (1) Program management, which may include documentary=20
repositories of business information, internal and external audits,=20
congressional requests, and program reports; (2) Data analysis for=20
program improvement efforts and system enhancement planning, which may=20
include conducting surveys, user interviews, responding to public=20
comments received during rulemakings or from call center contacts which=20
may make outgoing or receive incoming calls regarding E-Verify,=20
including using information for testing purposes; (3) Monitoring and=20
compliance, as well as quality assurance efforts, which may include=20
analysis of customer use, data quality, or possible fraud,=20
discrimination or misuse or abuse of the E-Verify system. This may=20
originate directly from E-Verify or from its monitoring and compliance=20
activities or call center contacts, including but not limited to=20
records of interviews, employment and E-Verify-related documents and=20
other records obtained in the course of carrying out its monitoring and=20
compliance activities, especially in connection with determining the=20
existence of fraud or discrimination in connection with the use of the=20
E-Verify system. Data generated from this effort is stored in the CTMS=20
system; (4) Outreach activities to ensure adequate resources are=20
available to current and prospective program participants, which may

[[Page 28038]]

include call lists and other correspondence. USCIS may also permit=20
designated agents and employers to use the E-Verify logo if they have=20
agreed to certain licensing restrictions; and (5) Activities in support=20
of law enforcement to prevent fraud and misuse of E-Verify, and to=20
prevent discrimination and identity theft.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
their records are put, and to assist individuals to more easily find=20
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=20
this system of records to the Office of Management and Budget and to=20
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,=20
D.C. and field offices.

Categories of individuals covered by the system:
     Employees, both U.S. citizens and non-U.S. citizens, whose=20
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=20
designated agents who have accounts to use E-Verify;
     Individuals who contact E-Verify with information on the=20
use of E-Verify;
     Individuals who provide their names and contact=20
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=20
including, USCIS Status Verifiers, managers, and administrators; and
     Individuals who may have been victims of identity theft=20
and have chosen to lock their social security number from further use=20
in the E-Verify program.

Categories of records in the system:
    Employment eligibility information collected from the E-Verify=20
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=20
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=20
entered by the employer based on what the employer does as a result of=20
the employment verification information:
    [dec222] The employee continues to work for the employer after=20
receiving and Employment Authorized result: Employer selects this=20
option based on receiving an Employment Authorized response from E-
Verify;
    [dec222] The employee continues to work for the employer after=20
receiving a Final Nonconfirmation result: Employer selects this option=20
based on the employee getting an FNC despite the employee contesting=20
the TNC and the employer retains the employee;
    [dec222] The employee continues to work for the employer after=20
receiving a No Show result: Employer selects this option based on the=20
employee getting a TNC but the employee did not try to resolve the=20
issue with SSA or DHS and the employer retains the employee;
    [dec222] The employee continues to work for the employer after=20
choosing not to contest a Tentative Nonconfirmation: Employer selects=20
this option when the employee does not contest the TNC but the employer=20
retains the employee;
    [dec222] The employee was terminated by the employer for receiving=20
a Final Nonconfirmation result: Employer selects this option when=20
employee receives FNC and is terminated;
    [dec222] The employee was terminated by the employer for receiving=20
a No Show result: Employer selects this option when employee did not=20
take an action to resolve and is terminated;
    [dec222] The employee was terminated by the employer for choosing=20
not to contest a Tentative Nonconfirmationt: Employer selects this=20
option when employee does not contest the TNC and is terminated;
    [dec222] The employee voluntarily quit working for the employer:=20
Employer selects this option when employee voluntarily quits job=20
without regard to E-Verify;
    [dec222] The employee was terminated by the employer for reasons=20
other than E-Verify: Employer selects this option when employee is=20
terminated for reasons other than E-Verify;
    [dec222] The case is invalid because another case with the same=20
data already exists: Employer selects this option when the employer ran=20
an invalid query because the information had already been submitted;=20
and
    [dec222] The case is invalid because the data entered is incorrect:=20
Employer selects this option when the employer ran an invalid query=20
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=20
10 federal government workdays to confirm employment eligibility);
    [dec222] DHS Case in Continuance (In rare cases DHS needs more than=20
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=20
E-Verify (USCIS The Verification Division monitors E-Verify to minimize=20
and prevent misuse and fraud of the system. This monitoring=20
information, and the accompanying compliance information, may in some=20
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=20
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=20
reports derived from compliance activities, especially in connection=20
with determining the existence of fraud or discrimination in connection=20
with the use of the E-Verify system; and
    [cir] Information derived from telephone calls, e-mails, letters,=20
desk audits or site visits, as well as information from media reports=20
or tips from law enforcement agencies.
     Information used to verify employment eligibility. (E-
Verify uses VIS as the transactional database to verify the information=20
provided by the employee. VIS contains the E-Verify transaction=20
information. If E-Verify is unable to verify employment eligibility=20
through VIS, additional manual verification may be required. These=20
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=20
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=20
Resident card) or Form I-766 (Employment Authorization Document);
    [cir] Expiration Date; and
    [cir] Photograph.
     USCIS Computer-Linked Application Information Management=20
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=20
(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=20
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=20
Identification ID);
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time); and
    [cir] Address.
     USCIS Reengineered Naturalization Applications Casework=20
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=20
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=20
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,=20
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=20
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=20
System (EOIR):
    [cir] Name;
    [cir] File Number;
    [cir] Address;
    [cir] Nationality; and
    [cir] Decision memoranda, investigatory reports and materials=20
compiled for the purpose of enforcing immigration laws, exhibits,=20
transcripts, and other case-related papers concerning aliens, alleged=20
aliens or lawful permanent residents brought into the administrative=20
adjudication process.

Authority for maintenance of the system:
    The Illegal Immigration Reform and Immigrant Responsibility Act of=20
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=20
to support monitoring and compliance activities for obtaining=20
information in order to prevent the commission of fraud,=20
discrimination, or other misuse or abuse of the E-Verify system,=20
including violation of privacy laws or other illegal activity related=20
to misuse of E-Verify, including:
     Investigating duplicate registrations by employers;
     Inappropriate registration by individuals posing as=20
employers;
     Verifications that are not performed within the required=20
time limits; and
     Cases referred by and between E-Verify and the Department=20
of Justice Office of Special Counsel for Immigration-Related Unfair=20
Employment Practices, or other law enforcement entities.
    Additionally, the information in E-Verify may be used for program=20
management and analysis, program outreach, and preventing or deterring=20
further use of stolen identities in E-Verify.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney=20
Offices) or other federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body, when=20
it is necessary to the litigation and one of the following is a party=20
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=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of the E-Verify program, which=20
includes potential fraud, discrimination, or employment based identity=20
theft and such disclosure is proper and consistent with the official=20
duties of the person making the disclosure.
    H. To employers participating in the E-Verify Program in order to=20
verify the employment eligibility of their employees working in the=20
United States.
    I. To the DOJ, Civil Rights Division, for the purpose of responding=20
to matters within the DOJ's jurisdiction of the E-Verify Program,=20
especially with respect to discrimination.
    J. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, verification number, Alien=20
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number,=20
or Social Security Number of the employee, employee user, or by the=20
submitting company name.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

Retention and disposal:
    The retention and disposal schedule, N1-566-08-7, has been approved=20
by the National Archives and Records Administration. Records collected=20
in the process of enrolling in E-Verify and in verifying employment=20
eligibility are stored and retained in E-Verify for ten (10) years,=20
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=20
may be retained until completion of the investigation. This period is=20
based on the statute of limitations for most types of misuse or fraud=20
possible using E-Verify (under 18 U.S.C. 3291, the statute of=20
limitations for false statements or misuse regarding passports,=20
citizenship, or naturalization documents).

System Manager and address:
    Chief, Verification Division, U.S. Citizenship and Immigration=20
Services, Washington, DC 20529.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the USCIS Verification Division FOIA=20
Officer, whose contact information can be found at http://www.dhs.gov/foia under =
``contacts.'' If an individual believes more than one=20
component maintains Privacy Act records concerning him or her the=20
individual may submit the request to the Chief Privacy Officer and=20
Chief Freedom of Information Act Officer, Department of Homeland=20
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,=20
DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
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)=20
Information collected from employers about their employees relating to=20
employment eligibility verification; (B) Information collected from E-
Verify users used to provide account access and monitoring; (C)=20
Information collected from federal databases as listed in the Category=20
of Records section above; and (D) Information created by E-Verify,=20
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