ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

RSS feed

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily

[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47419-47424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19204]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0048]


Privacy Act of 1974; Department of Homeland Security U.S. 
Citizenship and Immigration Services -011 E-Verify Program System of 
Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled ``Department of Homeland 
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and 
Immigration Services E-Verify Program allows employers to check 
citizenship status and verify employment eligibility of newly hired 
employees. The Department of Homeland Security is updating this Privacy 
Act System of Records Notice for the E-Verify Program in order to 
provide notice that E-Verify is: (1) Updating the ``Category of 
Individuals'' to remove USCIS employees and contractors, which are 
covered under the DHS/ALL-004 General Information Technology Access 
Account Records System SORN, and to remove individuals who have locked 
their Social Security Number (SSN) in E-Verify since this functionality 
is not available; (2) adding the collection of the foreign passport 
country of issuance (COI) from the employers using the recently updated 
Form I-9 and from the United States Visitor and Immigrant Status 
Indicator Technology (US-VISIT) Arrival and Departure Information 
System (ADIS) to the ``Categories of Records;'' (3) moving the list of 
sources of records from ``Category of Records'' to ``Record Source 
Categories,'' removing two decommissioned systems and adding two new 
systems to ``Record Source Categories;'' (4) removing the monitoring 
and compliance ``Category of Records'' because those are now covered by 
the Compliance Tracking and Management System (CTMS) SORN (74 FR 
24022); (5) updating the system location information for the 
Verification Information System (VIS), the underlying technology 
supporting the E-Verify program, from a contractor-owned facility in 
Meriden, CT to a government-owned facility in Stennis, MS; (6) 
incorporating minor changes to the ``Routine Uses'' to improve clarity; 
and (7) adding COI to ``Retrievability'' as a way in which DHS may 
retrieve records in this system of records.
    This updated system is included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before September 7, 2012. This updated 
system will be effective September 7, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0048 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Jonathan R. Cantor, Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.
    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: 
Brian C. Hobbs, (202-443-0114), Privacy Branch Chief, U.S. Citizenship 
and Immigration Services, Department of Homeland Security, 131 M Street 
NE., Suite 200 Mail Stop 2600, Washington, DC 20529. For privacy issues 
please contact: Jonathan R. Cantor (202-343-1717), Acting Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

[[Page 47420]]


SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue the Department of 
Homeland Security system of records titled, ``Department of Homeland 
Security/U.S. Citizenship and Immigrations--011 E-Verify Program System 
of Records.'' The USCIS E-Verify Program allows employers to check 
citizenship status and verify employment eligibility of newly hired 
employees.
    DHS is updating this Privacy Act System of Records Notice for the 
E-Verify Program in order to provide notice that E-Verify is: (1) 
Updating the ``Category of Individuals'' to remove USCIS employees and 
contractors, which are covered under the DHS/ALL-004 General 
Information Technology Access Account Records System SORN, and to 
remove individuals who have locked their SSN in E-Verify since this 
functionality is not currently available; (2) adding the collection of 
the foreign passport country of issuance (COI) from the employers using 
the recently updated I-9 Form and from the United States Visitor and 
Immigrant Status Indicator Technology (US-VISIT) Arrival and Departure 
Information System (ADIS) to the ``Categories of Records;'' (3) moving 
the list of sources of records from ``Category of Records'' to ``Record 
Source Categories,'' removing two decommissioned systems and adding two 
new systems to ``Record Source Categories;'' (4) removing the 
monitoring and compliance ``Category of Records'' because those are now 
covered by the Compliance Tracking and Management System (CTMS) SORN 
(74 FR 24022); (5) updating the system location information for the 
Verification Information System (VIS), the underlying technology 
supporting the E-Verify program, from a contractor-owned facility in 
Meriden, CT to a government-owned facility in Stennis, MS; (6) 
incorporating minor changes to the ``Routine Uses'' to improve clarity; 
and (7) adding COI to ``Retrievability'' as a way in which DHS may 
retrieve records in this system of records.
    DHS is updating the ``Category of Individuals'' to remove USCIS 
employees and contractors. These individuals are covered under the DHS/
ALL-004 General Information Technology Access Account Records System 
SORN. Additionally DHS is updating the ``Category of Individuals'' to 
remove individuals who have locked their SSN in E-Verify. Functionality 
that enables individuals to lock their SSNs is not available in E-
Verify.
    As described in more detail in the DHS/USCIS/PIA-030(d), E-Verify 
currently uses the I-94 number, which is generally issued to aliens at 
the time they lawfully enter the United States, as a primary identifier 
to determine employment eligibility for non-immigrants. U.S. Customs 
and Border Protection (CBP) is in the process of automating the I-94 
system to increase efficiency and streamline the admission process for 
travelers to the United States. However, since E-Verify depends on the 
integrity of the I-94 number and the CBP's automation efforts are still 
underway, USCIS is updating it process for E-Verify by using a foreign 
passport number and COI as a primary identifier. A stand-alone passport 
number does not result in a unique primary identifier because multiple 
countries could issue the same passport number. Employers will enter 
the foreign passport number and COI. E-Verify will verify this data 
against ADIS.
    In order to provide greater clarity in this SORN, USCIS has removed 
the sources of records that were described in the ``Category of 
Records'' and moved them to ``Source Record Categories.'' In addition 
to moving the list of source records, DHS has removed two sources, ISRS 
and RNACS, and added one new source of records, Customer Profile 
Management System (CPMS) for biometric information on individuals 
issued a Permanent Resident Card (Form I-551).
    DHS removed the monitoring and compliance ``Category of Records'' 
because those are now covered by the Compliance Tracking and Management 
System (CTMS) SORN (74 FR 24022).
    DHS is also providing public notice of the relocation of the VIS 
system. In alignment with OMB's Federal Data Center Consolidation 
Initiative, the DHS Office of the Chief Information Officer is 
consolidating 43 of the Department's legacy data centers into two 
Enterprise Data Centers (EDCs), known as Data Center (DC) 1 and DC2. 
The consolidation of numerous Component systems at our EDCs enables 
more effective collection and use of business information across the 
enterprise. VIS was originally stored in a contractor owned facility in 
Meriden, CT. Since the publication of the original SORN, the system has 
moved to the DHS-owned facility, DC1.
    DHS is updating the routine uses to add additional clarity 
concerning the uses of data. These updates do not create any new 
sharing uses of data. The routine uses are being updated to add general 
language ensuring that ``[a]ny disclosure of information must be made 
consistent with the official duties of the person making the 
disclosure.'' Routine uses A, B, and D are being reworded to provide 
greater clarity and make non-substantive grammatical changes. Routine 
use C is being updated to change ``other federal government agencies'' 
to ``General Services Administration'' to better reflect the statutory 
authorities and the fact that records will be shared with the National 
Archives and Records Administration (NARA) where NARA maintains the 
records as permanent records.
    DHS is updating ``Retreivability'' to include COI as a way in which 
DHS may retrieve records in this system of records.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which the federal government 
agencies collect, maintain, use, and disseminate individuals' records. 
The Privacy Act applies to information that is maintained in a ``system 
of records.'' A ``system of records'' is a group of any records under 
the control of an agency 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, the Department of Homeland 
Security extends administrative Privacy Act protections to all 
individuals where systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors.
    Below is the description of the DHS/U.S. Citizenship and 
Immigration Services--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
    Department of Homeland Security (DHS)/U.S. Citizenship and 
Immigration Services (USCIS)--011

System name:
    DHS/U.S. Citizenship and Immigration Services--011--E-Verify 
Program

Security classification:
    Unclassified, for official use only.

System location:
    Records are maintained at the U.S. Citizenship and Immigration 
Services

[[Page 47421]]

(USCIS) Headquarters in Washington, DC and field offices; and at the 
DHS Stennis Data Center (DC1).

Categories of Undividuals Covered by the System:
    Categories of individuals covered by the E-Verify program include: 
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; and individuals who provide their 
names and contact information to E-Verify for notification or contact 
purposes.

Categories of Records in the System:
    A. Information about the employee to be verified:
     Name (last, first, middle initial, maiden)
     Date of Birth
     Social Security Number
     Date of Hire
     Information related to the expiration of the three day 
hire
     Awaiting SSN
    [cir] Technical Problems
    [cir] Audit Revealed New Hire Was Not Run
    [cir] Federal Contractor With E-Verify Clause Verifying Existing 
Employees
    [cir] Other
     Claimed Citizenship Status
     Acceptable Form I-9 document type
     Expiration Date of Acceptable Form I-9 Document
     State or jurisdiction of issuance of identity document 
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card
     Passport Number and Country of Issuance
     Driver's license number, driver's permit number, or state-
issued ID number if issued by a state or jurisdiction participating in 
the Records and Information from Departments of Motor Vehicles for E-
Verify (RIDE) program and where an Memorandum of Agreement (MOA) exists 
between the state or jurisdiction and DHS USCIS to verify the 
information about the document
     Receipt Number
     Visa Number
     A-Number
     I-94 Number
     Employment Authorization Document (Form I-766) Number
     Permanent Residence Card (Form I-551) Number Photographs, 
if required by secondary verification
    B. 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:
     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;
     The employee continues to work for the employer after 
receiving a Final Non-confirmation (FNC) result: Employer selects this 
option based on the employee getting an FNC despite the employee 
contesting the Tentative Non-confirmation (TNC) and the employer 
retains the employee;
     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;
     The employee continues to work for the employer after 
choosing not to contest a TNC: Employer selects this option when the 
employee does not contest the TNC but the employer retains the 
employee;
     The employee was terminated by the employer for receiving 
a FNC result: Employer selects this option when employee receives FNC 
and is terminated;
     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;
     The employee was terminated by the employer for choosing 
not to contest a TNC: Employer selects this option when employee does 
not contest the TNC and is terminated;
     The employee voluntarily quit working for the employer: 
Employer selects this option when employee voluntarily quits job 
without regard to E-Verify;
     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;
     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;
     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.
    C. Information about the Employer or Designated Agent:
     Company Name
     Street Address
     Employer Identification Number
     North American Industry Classification System (NAICS) Code
     Number of Employees
     Number of Sites
     Parent Company or Corporate Company
     Name of Company Point of Contact
     Phone Number
     Fax Number
     Email Address
    D. Information about the Individual Employer User of E-Verify: 
(e.g., Human Resource employee conducting E-Verify queries):
     Last Name
     First Name
     Middle Initial
     Phone Number
     Fax Number
     Email Address
     User ID
    E. Employment Eligibility Information created by E-Verify:
     Case Verification Number
     VIS Response
    [cir] Employment Authorized
    [cir] SSA TNC
    [cir] DHS TNC
    [cir] SSA Case in Continuance (In rare cases SSA needs more than 10 
federal government workdays to confirm employment eligibility)
    [cir] DHS Case in Continuance (In rare cases DHS needs more than 10 
federal government workdays to confirm employment eligibility)
    [cir] SSA FNC
    [cir] DHS Verification in Process
    [cir] DHS Employment Unauthorized
    [cir] DHS No Show
    [cir] DHS FNC
    F. Information from state Motor Vehicle Agencies (MVAs) used to 
verify of the information from a driver's license, permit, or state 
issued ID card if the state has established a MOA with DHS USCIS to 
allow verification of this information. The categories of records from 
MVAs may include:
    Last Name
    [cir] First Name
    [cir] State or Jurisdiction of Issuance
    [cir] Document Type
    [cir] Document Number
    [cir] Date of Birth
    [cir] Status Text
    [cir] Status Description Text
    [cir] Expiration Date
    G. Information from federal databases used to verify employment 
eligibility may contain some or all of the following information about 
the individual being verified:
    [cir] Last Name

[[Page 47422]]

    [cir] First Name
    [cir] Middle Name
    [cir] Maiden Name
    [cir] Date of Birth
    [cir] Age
    [cir] Country of Birth
    [cir] Country of Citizenship
    [cir] Alien Number
    [cir] Social Security Number
    [cir] Citizenship Number
    [cir] Receipt Number
    [cir] Address
    [cir] Previous Address
    [cir] Phone Number
    [cir] Nationality
    [cir] Gender
    [cir] Photograph
    [cir] Date Entered United States
    [cir] Class of Admission
    [cir] File Control Office Code
    [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] Confirmation of Employment Eligibility
    [cir] TNC of Employment Eligibility and Justification
    [cir] FNC of Employment Eligibility
    [cir] Status of Department of Justice Executive Office Immigration 
Review System (EOIR) Information, if in Proceedings
    [cir] Date Alien's Status Changed
    [cir] Class of Admission Code
    [cir] Date Admitted Until
    [cir] Port of Entry
    [cir] Departure Date
    [cir] Visa Number
    [cir] Passport Number
    [cir] Passport Information including COI
    [cir] Passport Card Number
    [cir] Form Number, for example Form I-551 (Lawful Permanent 
Resident card) or Form I-766 (Employment Authorization Document);
    [cir] Expiration Date
    [cir] Employment Authorization Card Information
    [cir] Lawful Permanent Resident Card Information
    [cir] Petitioner Internal Revenue Service Number
    [cir] Class of Admission
    [cir] Valid To Date
    [cir] Student Status
    [cir] Visa Code
    [cir] Status Code
    [cir] Status Change Date
    [cir] Port of Entry Code
    [cir] Non-Citizen Entry Date
    [cir] Program End Date
    [cir] Naturalization Certificate Number
    [cir] Naturalization Date and Place
    [cir] Naturalization Information and Certificate
    [cir] Naturalization Verification (Citizenship Certificate 
Identification ID)
    [cir] Naturalization Verification (Citizenship Naturalization Date/
Time)
    [cir] Immigration Status (Immigration Status Code)
    [cir] Federal Bureau of Investigation Number
    [cir] Admission Number
    [cir] Petitioner Firm Name
    [cir] Petitioner Tax Number
    [cir] Date of Admission
    [cir] Marital Status
    [cir] Marriage Date and Place
    [cir] Marriage Information and Certificate
    [cir] Visa Control Number
    [cir] Visa Foil Number
    [cir] Class of Admission
    [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] Case Actions & Decisions
    [cir] Bonds
    [cir] Current Status
    [cir] Asylum Applicant Receipt Date
    [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
    [cir] File Number
    [cir] File Location

Authority for Maintenance of the System:
    Authority for having a system for verification of employment 
eligibility is found in The Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA), Public Law 104-208 (1996).

Purpose(s):
    This system provides employment authorization 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, customer service 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 the 
Department of Homeland Security as a routine use pursuant to 5 U.S.C. 
552a(b)(3). Any disclosure of information must be made consistent with 
the official duties of the person making the disclosure. The routine 
uses are as follows:
    A. To the Department of Justice (DOJ), including U.S. Attorney 
Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is relevant or necessary to the litigation and one of the following 
is a party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee 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 U.S. or any agency thereof.
    B. To a congressional office from the record of an individual in 
response to a written inquiry from that congressional office made 
pursuant to a Privacy Act waiver from the individual to whom the record 
pertains.
    C. To the National Archives and Records Administration (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization for the purpose of performing audit 
or oversight operations as authorized by law, but only such information 
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of

[[Page 47423]]

information in the system of records has been compromised;
    2. DHS 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 law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To 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 American Association of Motor Vehicle Administrators 
Network and participating MVAs for the purpose of validating 
information for a driver's license, permit, or identification card 
issued by the Motor Vehicle Agency of states or jurisdictions who have 
signed a Memorandum of Agreement with DHS under the Records and 
Information from Departments of Motor Vehicles for E-Verify (RIDE) 
program.
    J. 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.
    K. 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 case number, Alien 
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number 
and Country of Issuance (COI), Driver's License, Permit, or State-
Issued Identification Card Number, or SSN 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 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 (USCIS), Washington, DC 20528.

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 U.S. Citizenship and Immigration 
Services (USCIS), Freedom of Information Act (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:
     Explain 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.

[[Page 47424]]

    Without the above 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 and state databases listed 
below:
     Social Security Administration Numident System
     CBP Nonimmigrant Information System (NIIS) and Border 
Crossing Information (BCI)
     ICE Student and Exchange Visitor Identification System 
(SEVIS)
     ICE ENFORCE Integrated Database (EID) Enforcement Alien 
Removal Module (EARM) Alien Number
     USCIS Aliens Change of Address System (AR-11)
     USCIS Central Index System (CIS)
     USCIS Customer Profile Management System (CPMS)
     USCIS Computer-Linked Application Information Management 
System Version 3 (CLAIMS 3)
     USCIS Computer-Linked Application Information Management 
System Version 4 (CLAIMS 4)
     USCIS Citizenship and Immigration Services Centralized 
Operational Repository (CISCOR)
     USCIS National File Tracking System (NFTS)
     USCIS Microfilm Digitization Application System (MiDAS)
     USCIS Marriage Fraud Amendment System (MFAS)
     USCIS Enterprise Document Management System (EDMS)
     USCIS Refugees, Asylum, and Parole System (RAPS)
     US-VISIT Arrival Departure Information System (ADIS)
     Department of State Consular Consolidated Database (CCD)
     Department of Justice Executive Office Immigration Review 
System (EOIR) State Motor Vehicle Administrations, if participating in 
the E-Verify RIDE initiative.
    (D) Information created by E-Verify.

Exemptions Claimed for the System:
    None.

    Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-19204 Filed 8-7-12; 8:45 am]
BILLING CODE 9111-97-P



Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: