Privacy Impact Assessment

PIA.pdf

E-Verify Program

Privacy Impact Assessment

OMB: 1615-0092

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Privacy Impact Assessment Update
for the

E-Verify RIDE
DHS/USCIS/PIA-030(c)
May 08, 2013

Contact Point
Donald K. Hawkins
Privacy Officer
U.S. Citizenship and Immigration Services
(202) 272-8030
Reviewing Official
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security
(202) 343-1717

Privacy Impact Assessment Update
USCIS, E-Verify RIDE
Page 2

Abstract
The United States Citizenship and Immigration Services (USCIS) Verification Division has
developed a new enhancement to the E-Verify Program entitled Records and Information from
Department of Motor Vehicles for E-Verify (RIDE). RIDE enhances the integrity of the E-Verify
Program by verifying information from the most commonly presented identity documents (e.g.,
employee’s driver’s license, driver’s permit, or state-issued identification (ID) card) for employment
authorization, when the issuing state or jurisdiction of those documents has established a Memorandum of
Agreement (MOA) with the Department of Homeland Security (DHS) to participate in RIDE. 1 USCIS is
conducting this Privacy Impact Assessment (PIA) update to assess the privacy risks and mitigation
strategies for this new enhancement.

Introduction
The E-Verify Program (E-Verify) is a free and mostly voluntary Department of Homeland
Security (DHS) program implemented by the United States Citizenship and Immigration Services
(USCIS) Verification Division and operated in collaboration with the Social Security Administration
(SSA) to determine employment authorization. 2 E-Verify uses an automated process to compare
information provided by employees on the Form I-9, Employment Eligibility Verification, against
information in DHS, SSA, and Department of State (DoS) databases. 3 This allows E-Verify to confirm
that an employee is authorized to work in the United States (U.S.) because he/she is either a U.S. citizen
or is a non-citizen for whom the U.S. has granted a work authorization. E-Verify was created through the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and is explained in more detail in
the Privacy Impact Assessment (PIA) for E-Verify published May 4, 2010. 4 USCIS is updating the EVerify PIA to provide transparency into a new enhancement to the program which includes the collection
and verification of information related to individuals’ driver’s licenses, driver’s permits, and state-issued
identification (ID) cards.
The Records and Information from Department of Motor Vehicles for E-Verify (RIDE) initiative
seeks to increase the effectiveness of E-Verify by automating motor vehicle document (e.g., driver’s
license, driver’s permit, or state-issued ID card) verification between state Motor Vehicle Agencies
(MVA) and E-Verify employers. In approximately 95% of the more than 12 million employment
1

Initially, RIDE was a pilot that only verified driver’s licenses and permits for the state of Mississippi. Since the
original publication of this PIA, additional states have begun using E-Verify RIDE. A complete list of states and
jurisdictions that participate in RIDE, and the documents that RIDE verifies, is available in Appendix A of this PIA.
2
E-Verify is a voluntary program except for employers that operate within a state that has passed legislation
mandating the use of E-Verify (e.g., Arizona and Mississippi) or for employers subject to the E-Verify Federal
Contractor Final Rule contained in the Federal Acquisition Regulation (FAR). The E-Verify Federal Contractor Rule
(FAR 22.18) directs federal agencies to require many federal contractors to use E-Verify to electronically verify the
employment eligibility of certain employees.
3
The Form I-9, Employment Eligibility Verification is available at www.uscis.gov/forms
4
E-Verify Program Privacy Impact Assessment, May 4, 2010,
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

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authorization queries E-Verify received during FY2010, employees used a driver’s license, driver’s
permit, or state-issued ID card to establish their identity. The RIDE initiative enhances E-Verify by
providing the ability to validate the information entered by an employer from an employee’s driver’s
license, driver’s permit, or state-issued ID card against MVA data. The secure connection provided by
the American Association of Motor Vehicle Administrators Network Service (AAMVAnet) 5 allows for
the completion of this portion of the verification process. AAMVAnet allows E-Verify to connect to the
MVA databases electronically for the purposes of RIDE. Further, in order to verify this information, the
issuing state or jurisdiction of the driver’s license, driver’s permit, or state-issued ID card must have
established a Memorandum of Agreement (MOA) with DHS USCIS to allow verification of driver’s
license, driver’s permit, or state-issued ID card information for the purpose of RIDE.
Currently, E-Verify collects only limited information about documents presented during the Form
I-9 and E-Verify process; however, this is limited to U.S. Passports and documents presented by non-U.S.
citizens. For other documents, E-Verify collects only that the document presented is from list B and C of
the Form I-9 Lists of Acceptable Documents. 6
In addition to whether the document presented is from list B and C of the Form I-9, E-Verify also
collects the document type, expiration date, state or jurisdiction of issuance and, in cases where an MOA
exists between the issuing state or jurisdiction and DHS/USCIS, the document number. E-Verify collects
the document expiration date in order to meet the Form I-9 requirement of presenting an unexpired
identity document for employment authorization. E-Verify collects the issuing state or jurisdiction of the
document to direct its query to the appropriate MVA database for validation of the document’s
information. E-Verify collects the document type for each case so as to project potential workload as
additional states sign MOAs with DHS/USCIS to participate in RIDE. E-Verify collects the document
number to validate information from the document presented with the issuing MVA and only in cases in
which the issuing state or jurisdiction has established an MOA with DHS/USCIS to do so.
Moreover, while E-Verify primarily uses the information it collects for verification of
employment eligibility, including information collected as part of RIDE, the information may also be
used to prevent fraud and misuse of E-Verify, discrimination, and employment-based identity theft. EVerify may also use the information for program analysis, monitoring and compliance, program outreach,
and customer service purposes. On a case-by-case basis, E-Verify may give law enforcement agencies
extracts of information indicating potential fraud, discrimination, or other illegal activities related to the
use of E-Verify. USCIS has outlined the uses of information contained in E-Verify in the E-Verify PIA
dated May 4, 2010. 7

The American Association of Motor Vehicle Administrators Network Service (AAMVAnet) is a conduit that
provides access to biographical information collected by state Motor Vehicle Agencies (MVA). The American
Association of Motor Vehicle Administrators (AAMVA) operates AAMVAnet. However, the data in the system is
owned by the organization that had the original authority to collect the data.
6
An example of a Form I-9 List B document is a driver’s license or state issued identification card. An example of
a Form I-9 List C document is a Social Security card or certified birth certificate.
7
E-Verify Program Privacy Impact Assessment, May 4, 2010,
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

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E-Verify RIDE Process
The RIDE process begins when an employer indicates in E-Verify that an employee has presented
a driver’s license, driver’s permit, or ID card issued by a U.S. state or jurisdiction as a List B document on
the Form I-9. E-Verify will first prompt the employer for the document type (e.g., driver’s license,
driver’s permit, or state-issued ID card) and state of issuance. If E-Verify determines that the state of
issuance and the document type is one that can be validated for RIDE (per the MOA between the MVA
and DHS/USCIS), E-Verify prompts the employer for his or her name, date of birth (DOB), Social
Security number (SSN), hire date, document number, and document expiration date as provided on Form
I-9. If E-Verify cannot verify the information provided under RIDE because there is no existing MOA,
E-Verify will collect the same information with the exception of the document number, since the
document will not be verified against an MVA database.
E-Verify determines if the expiration date of the driver’s license, driver’s permit, or state-issued
ID card as entered by the employer indicates that the employee presented an unexpired document to the
employer. If E-Verify determines that an expired document was presented, E-Verify prompts the
employer to enter a document that was not expired on the date of hire.
E-Verify compares the expiration date as entered by the employer against the hire date entered by
the employer to make sure that the document is unexpired. Due to the fact that employers can now enter
hire dates up to 365 days in the future in E-Verify, the document is still acceptable if it is expired on the
future date of hire – the day an employee starts work for pay – so long as it is unexpired on the day the
case is initiated.
The next step in the RIDE process is SSA validation, which is a standard part of the current EVerify process. E-Verify sends the SSN, citizenship status, name, and DOB to SSA for validation. If
SSA does not validate the case information, E-Verify issues a Tentative Non-confirmation (TNC) at that
point and no further transactions occur until the TNC is resolved with SSA. 8
Once the query successfully passes SSA validation, E-Verify sends relevant license information
(DOB, document number) to the state MVA database. The MVA returns a portion of the MVA record
relevant to that document to E-Verify. Due to discrepancies in MVA databases, variations in data returned
to E-Verify by participating MVAs may occur. A complete list of states and jurisdictions that are
participating in RIDE, and the documents that are being verified is available in Appendix A.
E-Verify compares the MVA information to the information initially entered by the employer to
determine if there is a match between the document number and DOB provided by the MVA database and
the document number and DOB entered by the employer. The employer does not see the MVA record,
and will only see the final response given by E-Verify, which is either Employment Authorized (EA), or
TNC, if there is no match.

A complete description of the E-Verify process, including the TNC response, validation of information by SSA
and associated authorities, is available in the E-Verify Program PIA, published May 4, 2010 at
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

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E-Verify will issue an EA response if it determines a match at this step of the process. The
employer will not see any additional driver’s license or identity information from the MVA or E-Verify,
only the resulting response of EA, or TNC if there is no match.
If the MVA cannot find a matching record or E-Verify cannot match the document number and
DOB based on the record returned by the MVA, E-Verify instructs the employer to check and, if
necessary, correct the document number and/or DOB fields and resubmit the information through EVerify. E-Verify matches the record by document number and DOB only; these fields can be changed
only by the employer. There is no name matching in the RIDE process. If after the second attempt there
is still no match, the employer receives notice that the employee was issued a TNC, as described in the EVerify PIA, dated May 4, 2010.
As with any E-Verify TNC, the employer must share the result with the employee, who has the
option to contest. If the employee chooses to contest, the employer prints a referral letter, which provides
directions to the employee on how to contest the TNC. This letter instructs the employee that he has eight
days to contact E-Verify status verifiers to resolve the discrepancy. 9
In the case of a TNC generated because of a RIDE mismatch, employees must call a USCIS
status verifier and fax a copy of the document (e.g., driver’s license) provided to establish identity on
Form I-9. Status verifiers review the faxed copy of the document against the information in the MVA’s
database via the Person Centric Query Service (PCQS). Status verifiers use PCQS to conduct manual
queries of databases for status verification; in this case, the MVA database of the issuing state or
jurisdiction. As with other TNCs, the status verifier attempts to resolve the TNC within 24 hours. If the
status verifier is unable to match the driver’s license, the status verifier places the case in continuance and
contacts the MVA to determine whether it is a true mismatch or an error in the MVA database. This
process ensures that all contested TNCs receive a full examination against the MVA’s records in order to
avoid issuing a Final Non-confirmation (FNC) because the MVA database was incorrect or because the
document contained errors. Once the status verifier has researched the document, he or she enters a
response that triggers an update to the case in E-Verify. A response of EA or FNC will be displayed to
the employer depending on the resolution. If the employee chooses not to contest the TNC or does not
contact a status verifier within eight federal government workdays, E-Verify automatically issues an
FNC.
For the initial pilot deployment, only the state of Mississippi signed an MOA with USCIS to
participate in RIDE. The program is now operational and has since expanded to include additional states.
E-Verify will validate information from some or all of the following identification documents based on
the terms of the state’s agreement with DHS: state driver’s licenses, driver’s permits, and state issued
identification cards. If the participating state issued the identification document, the employer must
specify the document number on the employee data entry form within E-Verify. For query purposes, the
MVA matches on the document number only, but E-Verify then matches by document number and DOB.
E-Verify will always send DOB and document number to participating MVAs for document validation,
variations in data returned to E-Verify by participating MVAs may occur. A complete list of states and
9

A complete description of the E-Verify process, including the TNC resolution process is available in the E-Verify
Program PIA, published May 4, 2010 at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

Privacy Impact Assessment Update
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jurisdictions which are participating in RIDE, as well as the data elements provided by each, is available
in Appendix A.
The addition of the RIDE functionality to E-Verify is an important step in ensuring that
individuals do not gain employment authorization through the misuse of state-issued identity documents
in E-Verify.

Reason for the PIA Update
USCIS is updating the E-Verify PIA to provide transparency into a new enhancement to E-Verify
and to account for the new collection and use of information related to individuals’ driver’s licenses,
driver’s permits, and state-issued ID cards.

Privacy Impact Analysis
The System and the Information Collected and Stored within the System
E-Verify may collect the following information, as part of the E-Verify RIDE initiative:
Employers
•

Document Type (driver’s license, driver’s permit, or state-issued ID card);

•

State of Issuance; and

•

Expiration Date.

States with a signed DHS/USCIS MOA::
•

Document Number

Uses of the System and the Information
E-Verify will compare the information entered by the employer against information contained in
the MVA database to authenticate the identification document. There is a risk that E-Verify may receive
more information from the MVA than is required to validate a document. USCIS mitigates this risk by
limiting the information that an MVA returns to E-Verify. The MVA will not return any information for
a submitted document number that does not match at the MVA.
If the MVA matches a record, E-Verify compares the MVA information to the information
initially entered by the employer. E-Verify determines if there is a match between the document number
and DOB provided by the MVA database and the document number and DOB entered by the employer.
Regardless of whether or not the information matches, the employer only receives notice that the
employee is employment authorized or has received a TNC. The employer sees no other information,
thus mitigating the risk that employers may receive information from the MVA that is not required for
employment verification.
The RIDE initiative seeks to increase the effectiveness of E-Verify by automating motor vehicle
document verification between MVAs and E-Verify, which positively impacts E-Verify. RIDE enhances

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USCIS, E-Verify RIDE
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E-Verify by providing the capability to validate the information entered by an employer from an
employee’s driver’s license, driver’s permit, or state-issued ID card against MVA data.
There is also a risk that more individuals, including U.S. citizens, will receive TNCs and FNCs as
a result of the new RIDE process. Because of the inevitable problem with data quality and input errors,
E-Verify could inappropriately issue some TNCs and FNCs. However, the ability of status verifiers to
examine photocopies of the documents and contact the MVA to identify any system inaccuracies, relevant
to the information and documents presented, helps minimize any risk of mistakes leading to an FNC.
This process ensures that all contested TNCs receive a full examination against the MVA’s records in
order to avoid issuing an FNC because the MVA database was incorrect or license-printing errors
occurred.
Finally, while E-Verify primarily uses the information it collects for verification of employment
eligibility, including information collected as part of RIDE, the information may also be used to prevent
fraud and misuse of E-Verify, discrimination, and employment-based identity theft, as well as for
program analysis, monitoring and compliance, program outreach, and customer service purposes. USCIS
has outlined the uses of information contained in E-Verify in the E-Verify PIA. 10
Retention
Consistent with the current NARA records retention schedule, NARA approved the retention
schedule N1-566-08-7. As of June 5, 2008, the E-Verify Program retains the new information for 10
years from the date of the last transaction.
Internal Sharing and Disclosure
There is no change to internal sharing and disclosure. As described in the May 4, 2010 E-Verify
Program PIA, when potential system fraud or misuse is indicated by E-Verify, information relevant to the
suspect behavior may be shared, on a case-by-case basis, with DHS internal law enforcement
organizations such as Immigration and Customs Enforcement (ICE). E-Verify shares only that
information required to pursue an investigation into the potential fraud or misuse of the E-Verify System,
or as required by law.
External Sharing and Disclosure
The E-Verify program may share relevant driver’s license, driver’s permit, or state-issued ID card
information (as entered into E-Verify) with state MVAs for verification purposes. E-Verify only collects
and shares document numbers for driver’s licenses or permits, or state-issued ID cards when the employer
enters that the state or jurisdiction of issuance for the document presented has signed an MOA with DHS
USCIS to participate in RIDE. E-Verify only shares information with the MVA that issued the document.
All other sharing remains as described in the May 4, 2010 E-Verify Program PIA. E-Verify will not share
any of the information returned by the MVA with the employer, nor will the MVA retain any of the
information contained in any E-Verify query of its database, therefore mitigating the risk that an MVA
could retain information from an E-Verify query for a use not outlined in the MOA. E-Verify shares only
the relevant license information for querying against the state MVA database. At the request of USCIS,
10

E-Verify Program Privacy Impact Assessment, May 4, 2010,
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

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the MVA retains a log of the number of times E-Verify queries their database for the purposes of RIDE.
This log does not include any personal information, and only serves to document that E-Verify conducted
a query into the database.
E-Verify shares name, document type, and document number with state MVAs for verification of
the information on those documents and only in those cases in which the issuing jurisdiction has
established an MOA with DHS USCIS to allow verification of driver’s licenses, driver’s permits, or stateissued ID cards. All other sharing remains as described in the E-Verify PIA. There will only be minimal
sharing; E-Verify only shares information required for verification of the driver’s license, permit, or stateissued ID card with the MVA.
Finally, E-Verify information, including information collected as part of RIDE, may also be
shared with external law enforcement agencies, such as the Department of Justice, Civil Rights Division,
when the information could be used to assist in investigations of discrimination, fraud, or other misuse of
E-Verify. USCIS has outlined the uses of information contained in E-Verify in the E-Verify PIA. 11
Notice
This PIA Update provides notice. The updated E-Verify System of Records Notice, which is
published concurrently with this PIA update, informs individuals that the Verification Division collects
and uses information for certain purposes and also provides notice of this new process. The Form I-9
requires that the identity documents provided by the employee be reviewed by the employer and the Form
I-9 instructions provide additional information about the purpose of the collection and use of the
employee‘s information. Additionally, E-Verify also provides outreach through a website and publically
available guidance and user manuals.
Individual Access, Redress, and Correction
As is the case with any E-Verify TNC, the employer must share the result with the employee,
who may choose to contest. The TNC letter notifies the employee that the driver’s license information
provided does not match the information in the state MVA database. If the employee chooses to contest,
the employer prints a referral letter, which provides directions to the employee on how to contest the
TNC. The employee must call a USCIS status verifier and fax a copy of his or her driver’s license,
driver’s permit, or state-issued ID, as appropriate. Status verifiers manually review the faxed copy of the
driver’s license or driver’s permit against the information in the MVA’s database. If the status verifier
cannot match the document, the status verifier places the case in continuance and contacts the MVA to
determine whether it is a true mismatch or an error in the MVA database. This process ensures that all
contested TNCs receive a full examination against the MVA’s records in order to avoid issuing an FNC
because the MVA database was incorrect or license-printing errors occurred. Once the status verifier has
researched the document, he or she enters a response that triggers an update to the case in E-Verify to
display a response of EA or FNC, depending on the resolution.

E-Verify Program Privacy Impact Assessment, May 4, 2010,
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_everify.pdf

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Technical Access and Security
There will be no change to the technical access or security of E-Verify as a result of the RIDE
enhancement. E-Verify electronically connects to the MVA systems by leveraging existing framework
and applications provided by AAMVAnet. This connection is strictly limited to the transfer of relevant
license, permit, or state-issued ID card information for the purposes described in this PIA Update. MVA
systems will not retain any data transferred as a result of an E-Verify query, nor does this connection
permit MVA access to the E-Verify system or its records; therefore, there is minimal impact on privacy.
Technology
E-Verify is leveraging the existing secure framework and applications provided by AAMVAnet
to connect to MVA systems for the purpose of verifying the information on an employee’s driver’s
license, permit, or state-issued ID card, as presented for establishing identity on Form I-9. E-Verify
provides new fields for employers to enter relevant identity document information from Form I-9 as part
of the RIDE enhancement. The MVA databases contain biographical information collected from
individuals who have applied for a driver’s license, driver’s permit, or state-issued ID card through a state
MVA. The state MVA owns the data in the system that is being queried by E-Verify. This connection is
strictly limited to the transfer of relevant driver’s license, driver’s permit, or state-issued ID card
information for the purposes described in this PIA Update. MVA systems do not retain any data
transferred as a result of an E-Verify query, nor does this connection permit MVA access to the E-Verify
system or its records. Information from the MVA databases helps to verify the documents an individual
presents to establish identity in the employment eligibility process.

Responsible Official
Donald K. Hawkins
Privacy Officer
U.S. Citizenship and Immigration Services
Department of Homeland Security
(202) 272-8030

Approval Signature
Original signed and on file with the DHS Privacy Office.

Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security

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Appendix A
The following states or jurisdictions have agreed to participate in the Records and Information from
Department of Motor Vehicles for E-Verify (RIDE) initiative. In order to participate, states or
jurisdictions must establish a Memorandum of Agreement (MOA) with the Department of Homeland
Security (DHS)/United States Citizenship and Immigration Services (USCIS) to allow the verification of
information from driver’s licenses, permits, or identification cards that they have issued.

States and
Database Name

Date MOA
Executed

Driver’s License
(including
Driver's Permit)

State
ID
Card

Data Fields Provided to E-Verify
by State or Jurisdiction

Mississippi,
Mississippi
Driver’s License
Database

October 15,
2009

Yes