User:Vipul/Systematic Alien Verification for Entitlements
Systematic Alien Verification for Entitlements (SAVE) is a program managed by United States Citizenship and Immigration Services (USCIS), a branch of the U.S. Department of Homeland Security (DHS). SAVE facilitates lookups on the immigration and nationality status of individuals.[1] It is an intergovernmental initiative designed to help federal, state, tribal, and local government agencies, or by a contractor acting on the agency's behalf, to determine eligibility for benefits, licenses or grants, government credentials, or to conduct background investigations.[2][3][4] It is one of two programs that uses the Verification Information System (VIS). The other program is the Electronic Employment Eligibility Verification Program, also known as E-Verify, and is used by employers to verify the immigration status of employees.[5][6] For additional verification (in cases where VIS proves inadequate), SAVE relies on the Person Centric Query System (PCQS).[2]
Permissible uses and users
SAVE can be used by agencies of governments at any level in the United States, including:[2]
- The federal government
- State governments
- Local governments (such as city and county governments)
- Tribal governments
A given agency is eligible to use SAVE only if determining the immigration and nationality status of individual is necessary for its work of one of these types:[2]
- Determination of eligibility for a federal, state, or local public benefit
- Issuing a license or grant
- Issuing a government credential
- Conducting a background investigation
- Any other lawful purpose
SAVE does not itself make determinations regarding the applicant's eligibility for a benefit or license.[2][7][8] Rather, it simply provides an easy way to pull information about the benefit or license applicant from a variety of government databases. As discussed later, the absence of matching records in SAVE does not imply that the applicant's presence in the United States is unauthorized, or that the applicant is ineligible for the benefit. It simply means that the records accessible were not able to confirm the applicant's eligibility.[9]
In addition to these, any contractor of an agency of the above description is eligible to use SAVE if the task contracted out to them requires immigration and nationality lookups for one of the above reasons.[2]
Usage by customer agencies
Modes and stages of verification using SAVE
SAVE has three modes of electronic access that offer all of its basic functionality.[10]
- Web-based access, through the USCIS website accessed through a secure web browser[11]
- Web services, an interface that uses a direct machine-to-machine connection
- SAVE via AAMVAnet (VLS), available to Department of Motor Vehicles in US states
SAVE allows for three levels of verification for those using the system electronically.[2][12][10]
Verification stage | Description | Modality | Backend system used | Time taken | Cost[13] |
---|---|---|---|---|---|
Initial Verification using the Verification Information System | This purely electronic verification process can take a few minutes for entering data and retrieving a response. | Electronic initiation by customer agency; queries are automated | Verification Information System (VIS) | The actual search takes 3 to 5 seconds; it may take a few minutes to enter all the relevant information to initiate the search. | $0.50, another $0.50 for retry |
Additional Verification initiated using the Verification Information System | If the initial verification fails to turn up matches, or if there is a problem with the results, an additional verification can be initiated electronically by entering more information into the system | Electronic initiation by customer agency; queries are done by human Status Verifiers | Person Centric Query System (PCQS) | This usually takes about 3 to 5 federal government work days (or about one calendar week). The information is returned electronically. | $0.50 |
Document Verification Request (Form G-845) | If the additional verification fails to turn up the information sought, SAVE electronically notifies the customer agency to submit an electronically prepopulated Form G-845, Document Verification Request, by mail to the USCIS Immigration Status Verification Unit with a copy of the applicant's immigration documentation. | Electronic/Mail (the supporting documents need to be sent by mail) by customer agency; queries are done by human Status Verifiers | PCQS; in addition, it might lead to corrections of records in the USCIS' Central Index System (CIS) | This usually takes 10 to 20 federal government work days (or about one calendar week). The information is returned electronically. | no charge (only if both the initial and additional verification are carried out electronically). In case the additional verification step is skipped, charge of $0.50. |
In addition, there is also an option of pure paper-based verification, where the agency directly submits a paper Form G-845, and gets a response within 10 to 20 federal government work days. This costs the customer agency $2, compared to the total maximum charge of $1.50 if initiating the query electronically. However, this option is discouraged since the use of electronic means for Initial Verification saves time and money for all parties involved.[10]
Initial Verification
For Initial Verification, the authorized caseworker of the customer agency needs to first log in to SAVE through the Verification Information System, after agreeing to the terms and conditions of usage.[11][12] The caseworker may then choose the "Initiate Cases" tab, enter relevant information about the applicant whose status needs to be checked, and submit it. If matching records are found in the databases available to SAVE, these are returned. Some of these records may contain photos, which are also included in the response. The caseworker can respond whether the photo matches the corresponding photo submitted by the applicant or any other applicant photo. Only information related to the applicant is returned in the Initial Verification.[12]
The Initial Verification process generally takes a few minutes. The case is kept open for 180 days (so the caseworker can access the case details at any time till then, and print out if needed) after which it are closed if no action is taken during that time.[12]
Additional Verification
If the Initial Verification provides the caseworker with all the information needed to confirm the applicant's documentation, then no additional work needs to be done. However, an Additional Verification may be instituted (electronically, through the SAVE interface) in one of these two cases:[2][12]
- SAVE is unable to find a record pertaining to the applicant. In this case, SAVE suggests to the caseworker to institute an Additional Verification. The caseworker is required to inform the applicant that SAVE returned this message, and if the applicant wants an additional verification, then the caseworker is required to institute it.[2]
- The caseworker or applicant has concerns about the information returned in the initial verification. In this case, the caseworker can requests an Additional Verification (even though SAVE does not prompt the caseworker to do so).
Additional Verification can take 3 to 5 government work days.[12] This step involves USCIS Immigration Status Verifiers making more sophisticated queries to various databases (including DHS systems and DOJ's EOIR system), to locate the applicant's records. Status Verifiers have read-only access to information contained in many other systems through the Person Centric Query System. Once the Status Verifiers have completed their search, the information is returned electronically to the caseworker through the SAVE interface.[2]
Form G-845, Document Verification Request
If the Additional Verification fails to turn up any information, or if the Status Verifier detects discrepancies that can only be resolved by examining the applicant's documentation, SAVE provides an electronic notification to the caseworker and recommends that the caseworker submit Form G-845, Document Verification Request, with a copy of the applicant's immigration documentation. An already-filled electronic form is made available to the caseworker, who needs to print and mail it to the USCIS Immigration Status Verification Unit.[12]
If the caseworker submits these documents, Status Verifiers conduct a more thorough search using PCQS, and may also request record corrections to the USCIS Central Index System (CIS) database by contacting the USCIS Records Division.[2] A response should generally be returned within 20 federal working days, which is usually about one calendar month. If USCIS does not respond within that time, the caseworker can call the USCIS toll-free number to inquire into the status of the case.[12]
Cost structure for customer agencies
Customer agencies are charged on a per-query basis, with a cost of $0.50 each for initial verification, retry, and additional verification, and a cost of $2.00 for a paper G-845 if the verification process is not initiated electronically. Billing is monthly, and there is a minimum monthly service transaction charge of $25.00 if the SAVE program is used at all, any time within the month. There is no charge during months when SAVE is not used at all. This pricing structure for SAVE has been effective since October 1, 2008.[13]
Obligations of customer agencies as agreed upon while using SAVE
For a customer agency to sign up to use SAVE, the agency must agree to SAVE's Memorandum of Agreement (MOA) or Computer Matching Agreement (CMA). This covers a range of topics:
- The customer agency agrees to responsibilities regarding safe handling of information, minimum security standards for electronic transmissions, and breach incident notification. These provisions are compliant with requirements of the Federal Information Security Management Act of 2002 (FISMA), relevant Office of Management and Budget (OMB) guidance, and the U.S. Department of Homeland Security Sensitive Systems Policy 4300A.[2]
- The customer agency agrees to various other obligations around the use of stages of verification. For instance, if the initial verification turns up no response, or if the information is inconsistent with what the applicant submitted, the agency must inform the applicant, and, if the applicant wishes to undergo additional verification, the agency must request additional verification.
Customer agencies' responsibilities around using SAVE
The use of SAVE is governed by a number of federal and state rules, with some rules requiring the use of SAVE for some purposes, and other rules restricting the usage of SAVE and putting limits on the way customer agencies can use the information obtained from SAVE. Note that SAVE does not usually contain information about people who were citizens since birth.[2] It also does not offer any conclusive information regarding immigration status, but is simply a tool that helps verify documentation of status that a person submits.[8]
Below is a list of programs and the status of using SAVE for them.
Program | Source of funding | Level at which it is administered | Laws and regulations governing the use of SAVE[14] | |||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Temporary Assistance for Needy Families (TANF) | U.S. Department of Health and Human Services (federal government) | State agencies | Use is mandated for all applicants The Immigration Reform and Control Act of 1986 required agencies participating in Aid to Families with Dependent Children (AFDC) to participate in the verification of any applicant's immigration status. Later, with the Personal Responsibility and Work Opportunity Act, AFDC was replaced by TANF, and the requirement to verify applicants' immigration status was transfered over to the new program. | |||||||||||||||||||||||||||||||||||||
Temporary Unemployment Compensation Program | U.S. Department of Labor (federal government) |
SAVE arose as a result of a mandate in the Immigration Reform and Control Act of 1986. According to this act, agencies participating in the following programs are required to use SAVE to verify documentation of eligibility for the following programs:
Personal Responsibility and Work Opportunity Reconciliation Act of 1996The Personal Responsibility and Work Opprtunity Reconciliation Act of 1996 (abbreviated PRWORA, also commonly described as the 1996 Welfare Reform Act) made a number of changes to the laws surrounding eligibility for welfare benefits. The law defined "federal public benefits" and "state and local public benefits." PRWORA required the Attorney General to establish regulations and interim guidance for the verification of immigration status of persons applying for federal public benefits. The guidance is for any entity administering a non-exempt federal public benefit, other than non-profit charitable organizations, and is not limited to the agencies and programs specified in IRCA or those using SAVE. However, SAVE helps with compliance with this guidance.[14] Illegal Immigration Reform and Immigrant Responsibility Act of 1996The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 required the Immigration and Naturalization Services (that would later be restructured as the U.S. Department of Homeland Security and its sub-agency, United States Citizenship and Immigration Services) to cooperate with federal, state, and local agencies to determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any purposes authorized by law. The SAVE program is the way that DHS and USCIS meet the obligation. Services for applicantsThe SAVE program allows applicants for whom a verification has been initiated and is pending to check the status of their verification online, using SAVE CaseCheck through a web browser. To verify identity, the applicant needs to fill in information similar to that needed to initiate a verification, as well as the verification case number. Note that only existing pending verifications can be looked up using SAVE CaseCheck. It is not possible for a prospective applicant to use this feature preemptively, before a verification is initiated by the agency using SAVE.[15][16] SAVE also provides guidance to benefits applicants regarding what USCIS or CBP agencies to contact to request corrections in the records that SAVE uses for verification.[17] Data sources usedSources used for the Verification Information System used for Initial VerificationThe Initial Verification, which is the first step in using SAVE electronically, queries the SAVE system, which is updated daily through downloads from a number of agencies operating under the U.S. Department of Homeland Security. Below is a list of the databases from which SAVE gets daily updates:[2]
People covered and not covered under SAVESAVE can be used to get information supporting the veracity of documents and status claims for naturalized citizens, lawful permanent residents who are not citizens, and people in various non-immigrant statuses.[2] Applicants who are United States citizens since birth usually have no presence in any of the databases accessible to SAVE, although those who have renounced their citizenship, or have otherwise come in contact with immigration enforcement may have some available data. For this reason, the absence of matching records found by SAVE cannot be used to rule out the possibility that somebody is a United States citizen.[2] Data not returned to the customer agencyBased on a Memorandum of Agreement (MOA) between the DHS and the U.S. Department of State, passport numbers are not included in the information returned to customer agencies using SAVE. However, the data is available to Status Verifiers when using the PCQS during the first Additional Verification stage or while doing the final verification based on Document G-845.[2] HistoryOriginal mandate in the Immigration Reform and Control Act of 1986The Immigration Reform and Control Act of 1986, Public Law 99-603, was the original impetus for the creation of the SAVE.[2][14][28] The Act required the Immigration and Naturalization Services (INS) to establish a system for verifying the immigration status of non-citizen applicants applying for six federal benefit program (note that the jargon "federal public benefit" would be established much later, with the PRWORA):[28][14]
References
|