4Three Types of SSN

4State Driver's License Requirement for SSN not Sufficient
4Sept. 13, 2005: State-by-State Summary of State Laws on Driver's License
4Form I-9 "Employment Eligibility" Requirement

4SSN "Mismatch"
4SSN Processing
4Taxpayer Identification Number (ITIN or TIN)
4Other Information
4F-1 & SSN Update

4SSA, SSN & ITIN/TIN-Related PDFs and LINKs

Three Types of SSN

In September of 2003, the Social Security Administration (SSA) codified the types, reasons for issuance, eligibility requirements, of an individual Social Security Number (SSN).

...
4There are three types of Social Security Numbers:

a)  Unrestricted SSN assigned to U.S. Citizens and Legal Permanent Residents / "green card" holders (residing in the U.S. according to US CIS (BCIS/INS) rules).

b)  Limited SSN bears the legend, "VALID FOR WORK ONLY WITH AUTHORIZATION." SSA issues this type of SSN to foreign nationals who are lawfully admitted to the U.S. on a temporary basis and have permission to work.

c)  The "nonwork" SSN bears the legend, "NOT VALID FOR EMPLOYMENT," issued to foreign nationals without US CIS (BCIS/INS) work authorization, but have a valid nonwork need for an SSN.

The SSA assigns nonwork SSNs only when:

(1) a federal statute or regulation requires an SSN to obtain a particular Federally-funded benefit or service (such as Temporary Assistance to Needy Families), or
(2) a state or local law requires an SSN to obtain a public assistance benefit (i.e., a public benefit that is means-tested, such as State-funded General Assistance) to which a foreign national with lawful "status" has established entitlement.

NOTE:  If the "nonwork" SSN used to report earnings, then the SSA will inform the Department of Homeland Security (DHS) of the reported earnings.  However, the SSA does not report to the DHS about the use of a Taxpayer Identification Number (ITIN or TIN) that is used to report earnings.  Additionally, the SSA notifies the DHS with:  (a) an annual report, required by law, of earnings reported on SSNs assigned for non-work purposes and the last card issued was not one for work purposes, and (b) with information relevant to joint SSA-DHS investigations (e.g., fraudulent SSNs to establish work authorization).  (See Tax Identification Number, below.)

`PDF4Download: SSA's Codifies Requirements & Eligibility for SSN (09/03) Federal Register
`PDF4Download: GAO Report SSA & SSN GAO-04-12 (10/03)  (GAO)

...
4State Driver's License Requirement for SSN not Sufficient

Effective March 1, 2002, SSA no longer assigns nonwork SSNs when the sole reason for needing the SSN is to comply with a state statute requiring an SSN for issuance of a driver's license.  Currently, seven states do not issue a driver's license unless the applicant has an SSN, but each state is being advised by the SSA to change its requirements.  (As of March 2002, ten states did not issue driver's licenses without a SSN, including: Hawaii, West Virginia, Iowa, Illinois, Mississippi, Kentucky, Pennsylvania, Alabama.
Utah and New Mexico will accept a Taxpayer Identification Number (ITIN or TIN) in issuing a driver's license.
Keep in mind that the Driver's License Limitation Bill also states that driver's licenses' expiration dates should match the expiration nonimmigrant visa status expiration dates (expiration date of the I-94 Arrival/Departure Record "status" card).  For those who have "D/S" (duration of status) indicated on the I-94 Arrival/Departure Record card, confusion is expected, as the "duration of status could" (no finite end date) could be interpreted as the date on the visa "stamp," the EAD (Practical Training Card), Form I-20, etc.

NOTE:  Additionally, SSN may be required for obtaining cell phones, credit cards, mortgages, bank accounts, professional licenses, insurance, financial aid for student loans, etc.  (However, see Other Information for nurses, and the Department of Treasury's guidance for banking and financial institutions with regard to required evidence.)

...
4Sept. 13, 2005: State-by-State Summary of State Laws on Driver's License

The CRS (Congressional Research Service) has provided an updated report that provides state-by-state summary of state laws on the issuance of driver's licenses to foreign nationals (the CRS provides nonpartisan research, analysis, and information to Members of Congress).  The summary of this document states:  "The final report of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission), issued on July 22, 2004, states that 'today more than 9 million people are in the United States outside the legal immigration system.'  As such, the 9/11 Commission recommended that standards be set for the 'issuance of birth certificates and sources of identification, such as driver's licenses,' as 'all but one of the 9/11 hijackers acquired some form of U.S. identification document, some by fraud. Acquisition of these forms of identification would have assisted them in boarding commercial flights, renting cars, and other necessary activities.' The REAL ID Act of 2005 was signed into law (P.L. 109-13) on May 11, 2005 which, among other things establishes standards for the issuance of drivers’ licenses and identification cards. Past events have prompted a series of questions and debate concerning states’ issuance of driver's licenses to illegal aliens. Proponents contend that allowing illegal immigrants to obtain driver's licenses is a matter of public safety. Licensed drivers know the rules of the road and can buy insurance, thus making streets safer for everyone. Conversely, opponents argue that allowing illegal immigrants to obtain driver's licenses compromises national security. Moreover, opponents contend that permitting illegal aliens to obtain driver's licenses encourages such individuals to remain in the United States illegally. Thus, opponents contend that illegal immigrants should not be rewarded with such privileges. This report will briefly summarize the policy arguments related to states’ issuance of driver's licenses to undocumented or illegal aliens. In addition, this report includes a state-by-state summary of the state laws on issuing licenses to immigrants.
`PDF4Download: CRS Report:  Summary on Driver's License Requirements, State-by-State (CRS) (09/13/2005)
i8Gov. Site: Congressional Research Service (CRS)

...
4Form I-9 "Employment Eligibility" Requirement

The Social Security Act does not require a work-authorized person to have a SSN before working.  The SSA, the Internal Revenue Service (IRS), and the Department of Labor (DOL) rules, do not require a work-authorized person to have a SSN to work.  If the employer is satisfied that the individual has permission to work, then the person can be placed on the payroll even if there is no SSN. The employer must have the SSN by the time the Form W-2 is prepared annually.  An employer can verify employee SSN information by calling 1-800-772-6270 or by mail.

NOTE:  Notwithstanding this rule, all U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States.  This includes citizens and noncitizens.  On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9.  Verification documents include:  U.S. passport, unexpired foreign passport with work authorization stamp, employment authorization document (EAD card), work visa "status" document, certificate of U.S. citizenship or naturalization, alien resident card ("green card"), "unrestricted" social security number/card, etc.  Failure to knowingly not complete/retain Form I-9 (and employing unauthorized foreign nationals) can include:  First Offense: $250 to $2000 fine per foreign national; Second Offense: $2000 to $5000 fine per foreign national; Third Offense: $3000 to $10,000 fine per foreign national; and employers who establish a pattern or practice of violations are subject to a $3000 fine per violation and/or six months imprisonment; employers who fail to keep verification records can be fined $100 to $1000 per violation.
`PDF4Download: Form I-9 "Employment Eligibility" Verification Form
Additionally, the Office of Business Liaison of the DHS (US CIS) has issued an employer information bulletin in regard to I-9 Employment Eligibility Form compliance issues.
`PDF4Download: Employer Information Bulletin 103 (09/03)  (DHS/US CIS)

NOTE:  Also see employer's obligations when there is a SSN "mismatch" situation (see below). 

SSN "Mismatch"

If an employer receives a SSN "mismatch" letter for its employee, the employer is not obligated to respond to the SSA.  However, the Department of Treasury's Internal Revenue Service (IRS) requires accurate information, and it may fine/penalize the employer for not providing accurate information.  In September of 2003, the Department of Treasury, IRS, has issued a memorandum in regard to SSN "mismatch" consequences, including penalties and waivers for reasonable cause. 

Waiver of penalties requires (1) significant mitigating factors with respect to the failure, or (2) failure arose from events beyond the filer's control.  Additionally, the filer must establish that it acted in a responsible manner, both before and after the failure occurred.
Therefore, all employers should complete and retain Form I-9 (see above) and Form W-2 for each individual hired, and if notified about a SSN "mismatch," once again solicit the employee for correct information (obtain another Form I-9 [and Form W-2]). 

NOTE: As above stated, if a "nonwork" SSN used to report earnings, then the SSA will inform the Department of Homeland Security (DHS) of the reported earnings.  With respect to a "mismatch" SSN, the SSA, while required to inform the IRS, does not report to the Department of Homeland Security (DHS).

`PDF4Download: SSN "Mismatch" Clarification Letter (09/03) (Dept. of Treasury, IRS)
`PDF4Download: SSN "Mismatch" Policy Memorandum (09/03) (Dept. of Treasury, IRS)

SSN Processing

A noncitizen who is age 12 (previously, age 18) and over must apply in-person at an SSA office by submitting two documents as evidence of age, identity, nationality, immigration status, and, if work authorization is not inherent in the status granted by US CIS (BCIS/INS), evidence of employment authorization.  A birth certificate, alone, is insufficient as evidence.  The SSA uses the US CIS (BCIS/INS) Systematic Alien Verification for Entitlements (SAVE) program to verify US CIS (BCIS/INS) documents.  It uses a database with information for over 25 million aliens with alien registration numbers (A number). Once the application is processed, the SSN assigned can be obtained before receipt of the card by calling the SSA at 1-800-772-1213.
i8Local SSA office listing can be found at website, www.ssa.gov/locator/ or by calling 1-800-772-1213.

Additional processing details:
1.  Identity document should contain sufficient biographical/physical information (e.g., contain the applicant's name, age, date of birth, or parents' names and/or a photograph or physical description).
2.  If on-line verification using SAVE is not conclusive, the SSA manually prepares a Form G-845 and makes copies of the supporting documents to be forwarded to the Bureau of Immigration and Customs Enforcement (BICE).  Once the BICE responds, the SSA will process the SSN.
3.  The on-line SAVE program checks various BICE and US CIS (BCIS/INS) databases, including ASVI (database used by benefit-granting agencies and institutions in verifying immigration status, including information of foreign nationals with A numbers -- lawful permanent residents, refugees, asylees, foreign nationals with employment authorization documents, etc.) and NIIS (database about nonimmigrants issued Forms I-94 Arrival/Departure Record at the port of entry). The SAVE program does not have access to the Claims System (which includes, among other things, Form I-797 approvals for extensions of stay or change of status).  In order to obtain information contained in the Claims System, the SSA sends a Form G-845 to BICE.

The SSA confirmed that there are delays in the entry of data regarding admissions into the United States because Forms I-94 data is not entered into NIIS at the ports of entry. Rather, the ports of entry send the Forms I-94 by Federal Express daily to a contractor in Kentucky, which then enters the data into NIIS. However, if the contractor is not able to quickly enter the information into NIIS, the SSA will be unable to access the foreign nationals information through SAVE and thus will not be able to issue an SSN until the Department of Homeland Security's ICE division responds to a Form G-845 inquiry from the SSA.

The SSA emphasized that under both Internal Revenue Service (IRS), Department of Labor and SSA rules, an individual is not required to have an SSN in order to begin working. The SSN is required at the time the employer must file payroll taxes. The SSA stated that when a foreign national applies for an SSN, they are issued a letter acknowledging receipt of the application. The SSA stated that this letter can be presented to the employer. However, the SSA acknowledged that in some cases, employers will not permit employees with begin working without an SSN because of technical problems with automated payroll systems that require an SSN.

NOTE:  If a SSN is obtained and the individual previously used a different SSN or a TIN, he or she should advise SSA of all the SSNs.  After the SSN is assigned and SSA has advised the person that the earnings have been credited to his SSN, the person can check his earnings record by calling SSA at 800-772-1213 and asking for Form SA-7004, Request for Earnings and Benefit Estimate Statement.

i8Also, the request may be made online at www.ssa.gov/ statement/ or the form may be downloaded at www.ssa.gov/online/ssa-7004.html.

Taxpayer Identification Number (ITIN or TIN)

Reporting earnings and paying taxes is one requirement that normally applies when an individual seeks Legal Permanent Resident "Green Card" status.  If a "nonwork" SSN is used to report earnings, then the SSA will inform the Department of Homeland Security (DHS) of the reported earnings. 
However, in general, the SSA does not report to the DHS about the use of a Taxpayer Identification Number (ITIN or TIN) that is used to report earnings.  The IRS, also, in general does not report to the DHS about the use of a Taxpayer Identification Number (ITIN or TIN) that is used to report earnings.

Certain immigration violations, such as unauthorized employment, may be a ground of "inadmissibility" (prohibit issuance of the "green card"), but an applicant/individual may qualify under 245(i) and/or the LIFE Act and overcome such grounds of "inadmissibility."  However, failure to report earnings will not be exempt.  Therefore, there are applicants/individuals who need to report earnings, but is unable to do so because he/she is lacking a SSN.  The ITIN/TIN allows tax filing under these circumstances.

A Taxpayer Identification Number (ITIN or TIN) application can be made to the Internal Revenue Service (IRS) in person, or by filing Form W-7 (Application for an Individual Taxpayer Identification Number).  To obtain the form by telephone, the toll free number is 1-800-TAXFORM (1-800-829-3676).
To prevent use of the ITIN/TIN for purposes other than for reporting earnings, as of December 17, 2003, the IRS has implemented a new W-7 application form.  Additionally, the new W-7 application form must be accompanied by a federal tax return.  The format of the ITIN/TIN card has also been modified to not resemble a social security card.
i8IRS IRS PDF Download Link for Form W-7 "Individual Tax Identification Number" (December 2003) (IRS)

 
NOTE: Contrary to the discussions/rumors of the IRS prosecuting individuals who use a Tax Identification Number (ITIN/TIN) on W-2 forms when filing tax returns (or providing information to federal agencies, such as the Department of Homeland Security), the IRS' National Taxpayer Advocate has issued a statement that the IRS is neither prosecuting nor providing information of individuals who are using ITIN/TIN for "non-tax" crimes (such as violation of immigration laws), unless under certain circumstances.  In conclusion, the IRS National Taxpayer Advocate states:  "Again, the protections of IRC 6103 for tax returns and tax return information is very great..." 
`PDF4Download: Dept. of Treasury/IRS/National Taxpayer Advocate "ITIN/TIN" Reporting (01/23/04) (Dept. of Treas./IRS)

NOTE: January 2004 report by the Department of Treasury, the Internal Revenue Service (IRS), in regard to ITIN/TIN use/abuse, and future recommendations (including notification to DHS/US CIS, etc.). [This is a 84 page document.] 
`PDF4Download: Dept. of Treasury/IRS ITIN/TIN Report  2004-30-023  (01/04) (Dept. of Treas./IRS) -- [84 pages]

NOTE: As of October 27, 2003, the Internal Revenue Service (IRS) is contemplating the "non-reporting" of the use of Taxpayer Identification Number (ITIN or TIN) by immigrants who report their earnings.  (Note:  Reporting earnings and paying taxes is one requirement that normally applies when an individual seeks Legal Permanent Resident "Green Card" status.)
`PDF4Download: Letter to IRS Commissioner (current/intended policies, pros and cons) (10/03)

NOTE: As of October 1, 2003, the IRS will begin to provide tax "transcripts" (records) via request made by telephone, facsimile or mail, but no "walk-in." However, if a government agency (such as the BCIS/INS) requires tax records within 10 days or less, the IRS may allow individuals to "walk-in" with proper ID.  (Important:  IRS records are required for certain immigration procedures.)
`PDF4Download: Tax Transcript Request Information & Forms (IRS)
i8IRS Homepage Tax FAQ (Examples for tax payment if F student, H visa worker, etc., in middle of the page.)
i8IRS Homepage

NOTE:  If a SSN is obtained and the individual previously used a different SSN or a TIN, he or she should advise SSA of all the SSNs.  After the SSN is assigned and SSA has advised the person that the earnings have been credited to his SSN, the person can check his earnings record by calling SSA at 800-772-1213 and asking for Form SA-7004, Request for Earnings and Benefit Estimate Statement.

i8Also, the request may be made online at www.ssa.gov/ statement/ or the form may be downloaded at www.ssa.gov/online/ssa-7004.html.

Other Information

1.  Using a false SSN is a felony.  Fraudulent use of an SSN or misuse can also raise identify theft issues.

2.  Foreign Nurses. Foreign nurses must take the NCLEX exam, which requires an SSN, but the SSA will not assign an SSN so the exam can be taken.

3.  Since the late 1970's, the United States has established a network of bilateral Social Security agreements, called totalization agreements,” that coordinate the US Social Security program with the comparable programs of other countries.  Totalization agreements are designed to eliminate dual Social Security taxation, the situation that occurs when a worker from one country works in another country and is required to pay Social Security taxes to both countries on the same earnings. These agreements also help fill gaps in benefit protection for workers who have divided their careers between the United States and another country.

i8A list of totalization agreements and additional information can be found at: www.ssa.gov/international.

4.  In May of 2003, the Department of Treasury reviewed final regulations in regard to the Customer Identification Program (CIP) to protect the U.S. financial system from money laundering, terrorist financing, identity theft, and other forms of fraud.  The requirements included collection and maintenance of information, including name, address, date of birth, taxpayer identification number (social security number for individuals) -- or -- acceptance of passport and passport numbers (or other foreign government identification documents) for foreign nationals.  The rules covered financial institutions such as banks and trust, savings associations, credit unions, securities brokers/dealers, mutual funds, and futures commission merchants and futures introducing brokers.
In July of 2003, additional requirements, such as maintenance of photocopies of identification documents, and prohibition of accepting foreign government identification documents (other than passports), were proposed.
As of September 2003, the Department of Treasury has concluded that the additional requirements are unnecessary.  All financial institutions are to implement a Customer Identification Program (CIP) based on finalized guidelines by October 1, 2003.

`PDF4Download: Dept. of Treasury's Financial Institution Requirements Press Release (09/03) (Dept. of Treasury)

Moving?  Related Government Downloads:
Download "fillable" IRS change of address form`PDF4IRS-8822
Download DMV (NY) change of address form`PDF4MV-232
Download "fillable" BCIS/INS change of address form`PDF4AR-11

F-1 & SSN UPDATE

Updated October 2004:

New Rules for SSN Issuance for F-1 "On Campus" Employment (October 13, 2004)

The Social Security Administration (SSA) has revised its rules for assigning Social Security Numbers (SSNs) to foreign students in F-1 status.  Evidence for F-1 students who are applying for SSNs includes evidence of age, identity, immigration status, and work authorization.  F-1 work authorization is normally established by an employment authorization document (EAD) from the DHS/US CIS.  In the case of ''on campus'' employment for a ''specific employer incident to status'' on the school's premises or at an off-campus location that is educationally affiliated with the school, F-1 students may perform such work without submitting a Form I-765 to DHS/US CIS (to obtain an EAD) or having a DSO report on-campus employment or endorse the student's SEVIS Form I-20. 
Currently, for "on campus" employment, where there is no EAD card or school annotation regarding employment on the SEVIS Form I-20, SSA accepts a letter from the DSO affirming that the student is enrolled in a full course of study and is therefore authorized to work on campus. 
For "on campus" employment, as of October 13, 2004, F-1 student will need to provide documentation from the school that he or she will be engaging in authorized employment.  The F-1 student will need to provide a SEVIS Form I-20, and provide written confirmation from the DSO of: (1) the nature of the employment the F-1 student is or will be engaged in, (2) the identification of the employer for whom the F-1 student is or will be working, and (3) documentation that the F-1 student is engaged in or has secured employment; e.g., a statement from the F-1 student's employer (evidence of a formal job offer, a promise of a job, or evidence that the student is in fact engaged in that job will be considered ''secured'' employment). 
`PDF4Download: SSN Issuance for F-1 "On Campus" Employment (Federal Register, Vol. 69, No. 176, 09/13/04)

Independent Verification Required:

Under current SSA regulations issued post 9/11, SSA will not issue SSNs to non US citizens without independent verification from DHS of the foreign national's status.  SSA participates in the SAVE (Systematic Alien Verification for Entitlements) program in order to obtain DHS status verification.

The SAVE process allows SSA to make the following verification queries:

(1)  Electronic query by SSA into ASVI (Alien Status Verification Index)
(2)  Manual query by SSA to DHS via G-845 if not in ASVI or RAPS.  (Effective 1/5/2004 for F, M, J, SSA faxes G-845 to Los Angeles status verification office (CIS) for status verification via SEVIS, for all others G-845 is mailed to a district status verification office (CIS).)
SSA and CIS will discuss expanding access to CLAIMS data through SAVE, including access to CLAIMS data that would verify changes of nonimmigrant status and extensions of nonimmigrant stay.

G-845 process for F, M and J status holders:

Effective 1/5/2004, any status verification request to DHS for F, M, and J status holders will be faxed to the CIS status verification unit in Los Angeles which will handle these status verification requests through SEVIS (Student and Exchange Visitor Information System).  No applications for SSNs should be made sooner than 10 calendar days after admission to the United States.
If F, M and J program sponsors can pre-complete I-94 Cards at the time of sending the DS-2019 or I-20 forms this might avoid some problems with data collection and name discrepancies with SEVIS (Student and Exchange Visitor Information System) and NIIS (Non Immigrant Information System).
I-94 Cards can be purchased in bulk from the GPO (Government Printing Office).
F, M, and J program sponsors need to "activate" their students and exchange visitors as soon as possible after entry into the United States.
"Activation" within SEVIS is a program sponsor responsibility, whereby the F, M, or J status holder's presence and residence in the US is officially confirmed by the sponsor that issued the I-20 or DS-2019.  While programs are given up to 30 days after admission to activate participants in SEVIS, the status verification process for SSN issuance requires that the program sponsor activate the F, M, or J participant in SEVIS.

Other sources for F, M, and J SSA-related procedures include:

(1) For the 1/5/2004 SSA policy instructions on status verification for F, M, and J status holders go to:  Additional Information SSA.
(2) For the 3/4/2004 SSA instructions for handling backlogged SSNs for F, M, and J status holders go to: 7ca5dAdditional Information SSA.

...
Pre-January 5, 2004:

Guidelines as to issuing SSN to F-1 students, made to the SSA offices, include, verification of:

- identification document
- I-20 ID form
- current I-94
- evidence of authorization to work, including:  original letter from DSO/ISA AND full-time enrollment endorsement (or certified college transcript), or original pay stub or proof of employment at school AND original letter from school as employer (or in lieu of pay, scholarship) AND certified transcript

Scrutiny is warranted if the student has:

- transferred school,
- the I-20 ID shows school paying all undergraduate student fees
- student's address on SS-5 not within commuting distance of school location

`PDF4Download: SSA Student SSN Memorandum (SSA)

SSA, SSN & ITIN/TIN-Related PDFs and LINKs

`PDF4Download: SSA's Codifies Requirements & Eligibility for SSN (09/03) Federal Register
`PDF4Download: GAO Report SSA & SSN GAO-04-12 (10/03)  (GA)

`PDF4Download: Form I-9 "Employment Eligibility" Verification Form
`PDF4Download: SSN "Mismatch" Policy Memorandum (09/03) (Dept. of Treasury, IRS)

i8Local SSA office listing, SSA website: www.ssa.gov/locator/. 
i8Earngins record request may be made online at www.ssa.gov/ statement/ or the form may be downloaded at www.ssa.gov/online/ssa-7004.html.

`PDF4Download: Form W-7 "Individual Tax Identification Number" Form (IRS)
`PDF4Download: Tax Transcript Request Information & Forms (IRS)
i8IRS Homepage Tax FAQ (Examples for tax payment if F student, H visa worker, etc., in middle of the page.)
i8IRS Homepage

i8A list of totalization agreements and additional information can be found at: www.ssa.gov/international.

`PDF4Download: Dept. of Treasury's Financial Institution Requirements Press Release (09/03) (Dept. of Treasury)

Download "fillable" IRS change of address form`PDF4IRS-8822
Download DMV (NY) change of address form`PDF4MV-232
Download "fillable" BCIS/INS change of address form`PDF4AR-11

`PDF4Download: SSA Student SSN Memorandum (SSA)

4Overview & DHS (Department of Homeland Security)
4Implementation Timeline
4GAO (General Accounting Office) & CRS
4Foreign National's Database (US VISIT)
i8Gov. Site: US VISIT Site (06/04) (DHS)

Overview & DHS (Department of Homeland Security)

The DHS (Department of Homeland Security) has implemented the "U.S. Visitor and Immigrant Status Indication Technology (US VISIT)" system, which is the of biometric identification for foreign nationals entering/departing the United States.  This system will require from all foreign nationals a minimum of two biometric identifiers, such as digital photographs and fingerprints.  More importantly, the US VISIT system will access immigration information about an individual's past/present entry, departure, and stay, and access criminal history (such as DWI and shoplifting) and other information stored in the government's databases.

"Biometric Entry" Entry/Inspection Information Collection
The Department of Homeland Security (DHS) implemented the "U.S. Visitor and Immigrant Status Indication Technology (US VISIT)" system, which is the biometric identification for foreign nationals entering/departing the United States.  This system requires from a majority of foreign nationals a minimum of two biometric identifiers upon entry/admission to the United States at the POE (port-of-entry):  digital photographs and digital fingerprints. 

"Biometric Exit" Exit Information Collection
"Biometric exit" is similar to the biometric entry/inspection system and requires the foreign national, at the time of departure, to provide a minimum of two biometric identifiers:  digital photographs and digital fingerprints.  Currently, three methods/types of "biometric exit" system is utilized/contemplated:  at a self-service "kiosk (ATM)", "handheld scanning by WSA (Work Station Attendants)," or a combination of both.  Regardless, it appears that printed receipts, obtained through the kiosk and/or WSA may be required to be presented at the gate before boarding.

Delays can be expected when entering the U.S. (for digital photograph and/or fingerprint taking) and based on the individual's information accessed, secondary inspection may take place.  Departure information will be registered, as well, allowing the DHS and other government agencies to "track" foreign nationals who are visiting, working, and/or residing in the United States. 

• Legal Permanent Residents "Green Card" Holders and Canadian Nationals are subject to the US VISIT system, but will be waived initially.

 
• Additionally, the Federal Register, published on January 5, 2004, delineates individuals who are currently not subject to US VISIT.  Individuals who are not subject includes:  individuals who are entering the United States via the VWP (Visa Waiver Program) until September 30, 2004 (unless the individual has an MRP passport and "biometric information" in compliance with ICAO (International Civil Aviation Organization), children under the age of 14, adults over the age of 79, etc. 

 
• Also, the DHS' Press Release on March 19, 2004 indicates that Mexican nationals who hold a Border Crossing Card (BCC) are not subject to US VISIT during primary inspection inasmuch as their biometric data (fingerscans and photographs) is captured during the BCC issuance process. However, by the end of 2004, as the next phase of US VISIT is implemented at southern land ports of entry, if a Mexican citizen chooses to use the BCC as a B1/B2 visa (traveling outside the "border zone" and/or staying longer than 72 hours in the U.S.), he/she will undergo US-VISIT at the land border secondary inspection areas.  While most Canadian Nationals are exempt, Canadian citizens who are required to obtain a visa in order to be admitted to the United States will require US VISIT.  (See below; DHS announcement, March 19, 2004).

...

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Note/US VISIT Errors: If there are concerns relating to the collected/retained information in the US VISIT system, a redress/amend request can be either faxed and/or mailed to the DHS. 

`PDF4Download: US VISIT Redress/Amend Fact Sheet (06/04) (DHS)
i8Gov. Site: US VISIT Redress/Amend Information (06/04) (DHS)
i8Gov. Site: US VISIT Site (06/04) (DHS)...

January 5, 2004:  Entry Information Collection -- Implementation of takiing digital photographs and fingerprints at airports and seaports (two fingerprints and facial photo) by the DHS' Bureau of Customs and Border Protection.

As of January 5, 2004, 115 airports and 15 seaports have "entry" US VISIT systems in place.  (See below for list of airports/seaports.)  The US VISIT system will access immigration information about an individual's past/present entry, departure, and stay, and access criminal history (such as DWI and shoplifting) and other information stored in the government's databases.  Upon entry, the following databases are accessed:  "IDENT," "CCD," and "IBIS," and "NCIC." 

---

`PDF4Download: US VISIT Ports-Of-Entry List  (Jan/04) (DHS)

...
Spring 2004:  Entry Information Use -- Implementation of networking/cross-referencing biometric entry information of foreign nationals with various databases at airports and seaports (allowing for immediate access to foreign national's immigration and criminal history).  Upon entry, the following databases are accessed:  "IDENT," "CCD," and "IBIS," and "NCIC." 
...
...
Spring 2004:  Exit/Departure Information Collection -- Implementation of "kiosks (ATMs)" whereby foreign nationals provide departing information at airports/seaports.

As of January 5, 2004, implemented at:
1 airport (Baltimore, Washington's Baltimore-Washington International Airport) 
1 seaport (Miami, Florida's Miami's International Cruise Line Terminal )

...
August 2004:  Exit/Departure Information Collection -- Implementation of "kiosks (ATMs)," or "handheld scanning by WSA (Work Station Attendants)", or a combination of both, whereby foreign nationals provide departing information at airports/seaports.  Printed receipts, obtained through the kiosk and/or WSA may be required to be presented at the gate before boarding.

As of August 5, 2004, implemented at:
Chicago O'Hare International Airport. 

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`PDF4Download: US VISIT "Biometric Exit" Information Collection (August/04) (DHS)
`PDF4Download: US VISIT "Biometric Exit" Information Collection Details (August/04) (DHS)
`PDF4Download: US VISIT "Biometric Exit" Information Collection DHS (Federal Register, Vol. 69, No. 148, 08/03/04)

...
September 2004:  Exit/Departure Information Collection -- Implementation of "kiosks (ATMs)," or "handheld scanning by WSA (Work Station Attendants)", or a combination of both, whereby foreign nationals provide departing information at airports/seaports.  Printed receipts, obtained through the kiosk and/or WSA may be required to be presented at the gate before boarding.

In September 2004, implemented at:
Atlanta, Georgia (William B. Hartsfield International Airport)
Dallas/Fort Worth, Texas (Dallas/Fort Worth International Airport)
Denver, Colorado (Denver International Airport)
Detroit, Michigan (Detroit Metropolitan Wayne County Airport)
Newark, New Jersey (Newark International Airport)
Philadelphia, Pennsylvania (Philadelphia International Airport)
Phoenix, Arizona (Phoenix Sky Harbor International Airport)
San Francisco, California (San Francisco International Airport)
San Juan, Puerto Rico (Luis Munoz Marin International Airport)
Seattle, Washington (Seattle/Tacoma International Airport
Los Angeles, California (San Pedro and Long Beach Seaports)

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`PDF4Download: US VISIT "Biometric Exit" Information Collection (August/04) (DHS)
`PDF4Download: US VISIT "Biometric Exit" Information Collection Details (August/04) (DHS)
`PDF4Download: US VISIT "Biometric Exit" Information Collection DHS (Federal Register, Vol. 69, No. 148, 08/03/04)

...
September 30, 2004:  "Visa waiver (VWP)" travelers (those visiting the U.S. without a visa) who have a MRP (machine-readable passport) with ICAO-standard "biometric" data will not be subject to US VISIT.  If MRP only (no ICAO data), VWP traveler will be allowed entry into the U.S. but will be subject to US VISIT.

`PDF4Download: US VISIT VWP Traveler Press Release (Sept./04) (DHS)
`PDF4Download: US VISIT VWP Traveler Press Release (Sept./04) (DOS)
`PDF4Download: US VISIT VWP Traveler Press Release (April/04) (DHS)
`PDF4Download: US VISIT VWP Traveler Details (April/04) (DHS)
`PDF4Download: US VISIT VWP Traveler CRS Report (April/04) (DHS)
i8Details: Nonimmigrant Visa (VWP section)

...
October 26, 2004: The US VISIT system will be incorporated into visa "sticker" applications at US Consulates/Embassies (meaning, digital fingerprinting and photographing at the time of applying for a visa "sticker" and at the time of entry into the United States).  When applying the following database will be accessed: "IDENT."
...
...
October 26, 2004: MRP-Passport Requirement for "Visa waiver (VWP)" travelers.  Those visiting the U.S. without a visa must have a "machine-readable passport (MRP)" passport.  However, the DHS has announced that a 1-time waiver of the MRP-passport requirement may be granted to a visitor seeking VWP entry.  (Those who have a nonimmigrant visa "sticker" are not required to have a MRP-passport.)

`PDF4Download: US VISIT VWP: MRP-Passport Press Release (Oct./04) (DHS)
`PDF4Download: US VISIT VWP:  VWP 1-Time MRP-Passport Waiver (Oct./04) (DHS)
i8Details: Nonimmigrant Visa (VWP section)

...
November 2004:  Entry/Departure Information Collection and Use -- Implementation of taking digital photographs and fingerprints, as well as departure information, of foreign nationals at select land ports of entry. 

November 2004, implemented at:
Douglas, ARIZONA
Port Huron, MICHIGAN
Laredo, TEXAS

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`PDF4Download: US VISIT Land Border Ports Deployment Schedule (DHS) (09/2005)
`PDF4Download: US VISIT "Biometric" Inspection/Collection (Oct./04) (DHS)

..
December 31, 2004:  Entry/Departure Information Collection and Use -- Implementation of taking digital photographs and fingerprints, as well as departure information, of foreign nationals at 50 most highly trafficked land ports of entry.

`PDF4Download: US VISIT Land Border Ports Deployment Schedule (DHS) (09/2005)
`PDF4Download: US VISIT 50 Most Highly Trafficked Land Ports (March/04) (DHS)

...
June 26, 2005: VWP (Visa Waiver Program) travelers are required* to have MRP** (machine-readable passports).

`PDF4Download: US VISIT & VWP Passport Requirements (DHS) (10/2005)

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October 26, 2005:  VWP (Visa Waiver Program) travelers are required* to have MRP** (machine-readable passports) that include a digital facial photo (unless passport is MRP and was issued prior to October 26, 2005). 

`PDF4Download: US VISIT & VWP Passport Requirements (DHS) (10/2005)

...
December 31, 2005:  Entry/Departure Information Collection and Use -- Implementation of taking digital photographs and fingerprints, as well as departure information, of foreign nationals at all ports of entry.

`PDF4Download: US VISIT Land Border Ports Deployment Schedule (DHS) (09/2005)

...
October 26, 2006:  VWP travelers are required* to have "e-Passports."  An e-/biometric-Passport has a "biometric" or a "biometric identifier" (an objective measurement of a physical characteristic of an individual) which, when captured in a database, can be used to verify identity or check against other entries in the database.  The best known biometric is the fingerprint, but others include facial recognition and iris scans.  The standard determined by the International Civil Aviation Organization (ICAO) utilizes facial recognition technology and stores it on a contactless chip embedded in the passport.  Exceptions will be allowed for individuals who have a MRP passport that was issued prior to October 26, 2005 and to those who have a MRP passport with a digital facial photo if issued between October 26, 2005 and October 26, 2006.

`PDF4Download: US VISIT & VWP Passport Requirements (DHS) (10/2005)

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*Important: Visitors who do not qualify for VWP entry, or do not a MRP-passport must obtain a visa for entry into the United States. 

**Important: Machine-readability and biometrics are not the same thing.  A machine-readable passport is one that can be "read" mechanically when swiped through a passport reader (it contains two lines of text on the bottom of the data page which, when read, populate the bio-data fields for the data entry clerk in the Consular Section or the Immigration Inspector at the port of entry (POE)).  A "biometric" or a "biometric identifier" is an objective measurement of a physical characteristic of an individual which, when captured in a database, can be used to verify identity or check against other entries in the database.  The best known biometric is the fingerprint, but others include facial recognition and iris scans.  A biometric passport will take a biometric (in the case of VWP, the standard determined by the International Civil Aviation Organization (ICAO), is facial recognition technology) and store it on a contactless chip embedded in the passport.  The POE inspector can scan the passport to obtain the passenger's bio data.  The passport can thus be read in three ways: with the MRP reader, with the biometric scanner, and the old fashioned way with human eyes.

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Note/US VISIT Errors: If there are concerns relating to the collected/retained information in the US VISIT system, a redress/amend request can be either faxed and/or mailed to the DHS. 

`PDF4Download: US VISIT Redress/Amend Fact Sheet (06/04) (DHS)
i8Gov. Site: US VISIT Redress/Amend Information (06/04) (DHS)
i8Gov. Site: US VISIT Site (06/04) (DHS)

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i8Gov. Site: US VISIT Site (10/2005) (DHS)

`PDF4Download: US VISIT & VWP Passport Requirements (DHS) (10/2005)
`PDF4Download: US VISIT Land Border Ports Deployment Schedule (DHS) (09/2005)
`PDF4Download: US VISIT VWP Traveler CRS Report (April/04) (DHS)
`PDF4Download: US VISIT VWP Traveler Press Release (April/04) (DHS)
`PDF4Download: US VISIT VWP Traveler Details (April/04) (DHS)

`PDF4Download: US VISIT Ports-Of-Entry List  (Jan/04) (DHS)
`PDF4Download: US VISIT Future (01/2004) (DHS)
`PDF4Download: Federal Register, Vol. 69, No. 2, Monday, January 5, 2004  (Jan/04) (DHS)
`PDF4Download: DHS/CBP Division Memo on US VISIT "Delay Handling"  (Jan/04) (DHS/CBP)

`PDF4Download: DHS "US VISIT" Press Release  (Oct/03) (DHS/BCIS/)
`PDF4Download: DHS "US VISIT" Details  (Oct/03)  (DHS/BCIS)

`PDF4Download: DHS "US VISIT Biometric" Memo  (May/03)  (DHS/BCIS/INS)
`PDF4Download: DHS Ridge "US VISIT Biometric" Memo  (April/03)  (DHS/BCIS)

`PDF4Download: NSEERS "Special Registration" Memo (publicly released 04/03) (US DOJ/INS)
i8Details: STUDENT VISAS:  Quick Reference SEVIS Chart (04/03)

There have been concerns about how/when the US VISIT system will be implemented.  The GAO report reflects these concerns, but based on the details of the 4-stage implementation of the US VISIT system, as well as the DHS' confidence of this new system (based on the "successful" implementation of other programs such as "SEVIS" and "NSEERS").

The General Accounting Office (GAO) is the audit, evaluation, and investigative arm of Congress; it exists to support the Congress in meeting its Constitutional responsibilities and to help improve the performance and ensure the accountability of the federal government.  GAO examines the use of public funds, evaluates federal programs and activities, and provides analyses, options, recommendations, and other assistance to help the Congress make effective oversight, policy, and funding decisions.

Portions of the GAO report can also be reviewed in the PDF files below (NOTE:  If you review the partial PDF documents, you are advised to review the entire GAO report for completeness and accuracy).

May 2004

`PDF4Download: GAO "OVERSTAY TRACKING" Complete Document GAO-04-82: GAO-04-82 (05/04) (GAO)

May 2004

`PDF4Download: GAO "Simplified Diagram of US VISIT Procedure" Partial Document GAO-04-586: US VISIT (04/04) (GAO)
i8Access the complete GAO report "GAO-04-586" at the GAO website, Document GAO-04-586 (05/04)

March 2004

`PDF4Download: GAO Report "GAO-04-569T-1083" (03/04) US VISIT (03/04) (GAO)

September 2003

i8Access the complete GAO report "GAO-03-1083" at the GAO website, Document GAO-03-1083 (09/03)

`PDF4Download: Partial Document from GAO-03-1083:  US VISIT Brief Description & Increments (Stage 1) (09/03)
`PDF4Download: Partial Document from GAO-03-1083:  ~US VISIT Implementation Timeline/Chart (09/03)

`PDF4Download: Partial Document from GAO-03-1083:  Current Visa Issuance Process (09/03) (GAO)
`PDF4Download: Partial Document from GAO-03-1083:  Current Entry Inspection Process (09/03) (GAO)
`PDF4Download: Partial Document from GAO-03-1083:  Current Exit Process (09/01) (GAO)

`PDF4Download: Partial Document from GAO-03-1083:  ~US VISIT Entry Inspection Process (09/01) (GAO)

`PDF4Download: Partial Document from GAO-03-1083:  GAO Comments about US VISIT & DHS' Response/Comments (09/01) (GAO)

...
CRS (Congressional Research Service)

The CRS (Congressional Research Service) provided a CRS Report that further raises concerns about the respective role and function of the Dept. of State and the DHS for overseas visa processing.  (The CRS provides nonpartisan research, analysis, and information to Members of Congress.)

i8Gov. Site: Congressional Research Service (CRS)
`PDF4Download: US VISIT VWP Traveler CRS Report (April/04) (DHS)
`PDF4Download: CRS Report State/Local Enforcement of Immigration Law (CRS) (03/11/2004)

More than 30 databases can be accessed by the U.S. government, including the DHS (Dept. of Homeland Security) and the DOS (Department of State; US Embassy/Consulate).  Such data will be available, sooner than later, at all offices of the DHS, DOS, and ports-of-entry (POE).  Negative information contained in these databases (correct or not) can cause serious problems, including additional delays (in terms of obtaining visa "status," issuance of visa "stamp/sticker," and entry into the United States), or worse.  Principle component systems/databases for US VISIT will include ADIS (Arrival Departure Information System), APIS (Advance Passenger Information System), IBIS (Interagency Border Inspection System), IDENT (Automated Biometric Identification System), SEVIS (Student Exchange Visitor Information System), CLAIMS 3 (Computer Linked Application Information Management System), CCD (Consular Consolidated Database), and NSEERS (National Security Entry Exit Registration System).
i8Details/Topic: Database of Foreign Nationals

4Overview
4Scope
4Organizational Background
4Database
4ICE
4Local/State Enforcement

Since September 11, 2001, the scope and nature of the laws affecting nonimmigrants and immigrants have dramatically changed, reflecting the security concerns of the United States.  Currently, the Dept. of Homeland Security is the federal agency in charge of the immigration and naturalization laws (federal law).  The "US CIS" (Citizenship and Immigration Service) processes immigration benefits, and two agencies manage enforcement concerns:  "CBP" (Customs and Border Protection) handles border enforcement, including inspections and customs service; "ICE" (Immigration and Customs Enforcement) handles interior enforcement, including investigations.  (The FBI also has authorization to enforce immigration and naturalization laws of the United States, but mainly with respect to foreign nationals who are "national security threats" or have "criminal violations.") 

State/local law agencies (police), on the other hand, in general, have been limited in their enforcement of federal immigration laws to criminal provisions (i.e., alien smuggling).  However, the trend is an expansion of state/local law officials to enforce civil immigration laws (i.e. status violations).  Already, state/local agencies can contact the Law Enforcement Support Center (LESC) that provides information regarding the status and identities of foreign nationals suspected, arrested or convicted of criminal activity and more (the LESC gathers information from various sources and databases, such as the National Crime Information Center (NCIC), the Interstate Identification Index (III), the former INS, Customs and the Federal Protective Services databases, SEVIS, NSEERS, US VISIT databases, etc.).  By August of 2003, the LESC has already responded to 480,000 investigative inquiries from federal, state, county and local police agencies.

The Congressional Research Service (CRS) provides nonpartisan research, analysis, and information to Members of Congress, and its March 2004 CRS Report discusses the continuing trend of state and local enforcement of (federal) immigration law.  States such as Alaska and Oregon have "sanctuary" laws (New York City has Executive Order 41) where state/local officials have "non-cooperaton" and "don't ask-don't tell" policies. On the other hand, states such as Florida and Alabama have a MOU (Memorandum of Understanding) that allows certain state/local law officials to enforce civil immigration laws (i.e. status violations).  For the state of Arizona, on March 16, 2004, the Dept. of Homeland Security unveiled the "Arizona Border Control (ABC) Initiative" that is a cooperative approach to enforce immigration laws by local, state, tribal and federal law enforcement officers of Arizona. (More information about Local/State Enforcement).

More than 30 databases can be accessed by the U.S. government, including the DHS (Dept. of Homeland Security) and the DOS (Department of State; US Embassy/Consulate).  Such data will be available, sooner than later, at all offices of the DHS, DOS, and ports-of-entry (POE).  Negative information contained in these databases (correct or not) can cause serious problems, including additional delays (in terms of obtaining visa "status," issuance of visa "stamp/sticker," and entry into the United States), or worse.

Visa Issuance:
The US Embassy/Consulate of the DOS will also access multiple databases that will reveal a foreign nationals' immigration and criminal histories.  For example, a CLASS name check is required for every visa applicant at the US Embassy/Consulate, and a hit in the NCIC name check -- included in CLASS -- requires fingerprint checking with the FBI.  (The NCIC contains information such as "shoplifting," DWI, etc.)
Additionally, a TAL check "hit" at the US Embassy/Consulate results in a Visas Mantis check -- a request for an advisory opinion and clearance from the Department of State (in the United States).  The Consular Officer will determine whether to request an advisory opinion on all relevant factors, and applicants should provide the Consular Officer with any relevant resumes, publications, documents, etc. to avoid this Visas Mantis check (1-4 months).  The TAL list includes occupations and occupational fields, such as:  architecture, environmental planning, landscape architecture, urban design; pharmacology, biochemistry, chemical engineering; speech processing/recognition systems; ceramic, cermet, organic and carbon materials, synthetic fluids; semiconductor lasers; marine acoustics, high-speed photographic equipment; computer-controlled machine tools, automation; etc.
`PDF4Download: The White House's position on increased database & monitoring (White House)

Entry/Departure:
The CBP arm of the DHS will access multiple databases that pertain to a foreign national's entry/departure/stay(status) in the United States utilizing the "US VISIT" system.  Principle component systems/databases for US VISIT will include ADIS (Arrival Departure Information System), APIS (Advance Passenger Information System), IBIS (Interagency Border Inspection System), IDENT (Automated Biometric Identification System), SEVIS (Student Exchange Visitor Information System), CLAIMS 3 (Computer Linked Application Information Management System), CCD (Consular Consolidated Database), and NSEERS (National Security Entry Exit Registration System).
i8Details/Topic: "US VISIT" System

Stay/Status:
The DHS' Law Enforcement Support Center (LESC) has expanded its capabilities to assist state and local law enforcement agencies in investigative work.  The LESC provides information regarding the status and identities of foreign nationals suspected, arrested or convicted of criminal activity, and gathers information from eight Service databases, the National Crime Information Center (NCIC), the Interstate Identification Index (III), the former INS, Customs and the Federal Protective Services databases, SEVIS, NSEERS, US VISIT databases, and others. The LESC has already responded to 480,000 investigative inquiries from federal, state, county and local police agencies, and in most cases, an initial analysis on the individual's immigration status is in the hands of the police officer in less than 10 minutes.
`PDF4Download: ICE "LESC" Press Release (DHS)

As of September, 2003, the US INS (US Dept. of Justice) is the US CIS, CBP, and ICE (Dept. of Homeland Security):

US CIS: formerly the BCIS (Bureau of Citizenship and Immigration Service) will process immigration benefits (and in the future, visa "stamp" issuance function of the US Dept.. of State), and two agencies will manage enforcement concerns:
CBP:  formerly the BCBP (Bureau of Customs and Border Protection) will handle border enforcement, including INS inspections and Customs Service,
ICE:  formerly the BICE (Bureau of Immigration and Customs Enforcement) will handle interior enforcement including investigations.

The Memorandum of Understanding (MOU) on visa oversight rules between the Dept. of State (DOS) and Dept. of Homeland Security (DHS) became effective on September 30, 2003.  The MOU serves to clarify the relationship between the DOS and the DHS.  Prior to March of 2003, the Dept. of Justice's Immigration and Naturalization Service (INS) was responsible for immigration benefits, services, enforcement, etc., providing "visa status" -- generally handling immigration and naturalization matters in the United States, and the Dept. of State's U.S. Consulates/Embassies handled such matters overseas, including issuing "visas (stickers)."  The re-organization of immigration matters under the Dept. of Homeland Security (no longer under the Dept. of Justice), raises concerns about the limited role of the Dept. of State in immigration-related matters.  The MOU indicates that the two government agencies will maintain, in general, their respective functions, but that the DHS will be making policies and playing a major "oversight/management" role. 

In March 2004, the CRS (Congressional Research Service) provided a CRS Report that further raises concerns about the respective role and function of the Dept. of State and the DHS for overseas visa processing.  (The CRS provides nonpartisan research, analysis, and information to Members of Congress.)
`PDF4Download: CRS Report State/Local Enforcement of Immigration Law (CRS) (03/11/2004)
i8Gov. Site: Congressional Research Service (CRS)
`PDF4Download: MOU Press Release Dept. of State & Dept. of Homeland Security (09/03)  (DHS)
`PDF4Download: MOU Document (09/03)  (DHS)

CLASS (Consular Lookout and Support System) DOS
- Drug Enforcement Agency (DEA) makes entries into this database.
- NCIC (see below) is now integrated into CLASS

CCD (Consolidated Consular Database)
- contains SEVIS (see below) data for consulars to access.

NCIC (National Crime Information Center)
- contains criminal record information for police to check when they stop or arrest someone.
- NLETS (National Law Enforcement Telecommunications System)
- above systems contain more than 7 million names, including information from state/local law enforcement agencies (including charges such as "shoplifting," DWI, etc.)

NAILS II (National Automated Immigration Lookout System II) DHS
- NIIS (Nonimmigrant Information System), containing nonimmigrant visa denial information, arrival/departure/overstay (I-94) information.

IBIS (Interagency Border Inspection System)
- ADIS (Arrival Departure Information System)

TECS (US Customs' Treasury Enforcement Communications Systems)

SEVIS (Student and Exchange Visitor Information System)

NSEERS (National Security Entry Exit Registration System)

APIS (Advanced Passenger Information System)

ADIS (Arrival Departure Information System)

IBIS (Interagency Border Inspection System)

IDENT (Automated Biometric Identification System)

CLAIMS 3 (Computer Linked Application Information Management System)

CHIMERA

US VISIT

TAL (Technological Alert List)

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`PDF4Download: TAL List (DOS)
`PDF4Download:Errors in the database?  How to correct a CLASS database error (DHS)
`PDF4Download: ( BLANK document) dos:  cp mantis tal
i8US CIS(INS)'s new homepage:  (US CIS (BCIS/INS))
i8US Dept. of State's new "visa" homepage: (DOS VISA)
i8Department of Homeland Security homepage: (DHS)

 Note: The Law Firm of Marcos Negron & Akaike LLP provides criminal defense representation in the State of New York, taking into immigration law consequences and considerations.

In September 2003, we reported about the ICE Detention/Arrest Pilot Program.  Foreign nationals who have received an order of deportation, traditionally, are allowed not detained during an appeal (unless he/she has committed a non-immigration related crime).  However, in Hartford, CT, as well as in Alaska, Florida, and Illinois, a pilot program was implemented by the Department of Homeland Security's ICE (Immigration and Customs Enforcement:  responsible for interior enforcement, including US CIS investigations).  The reason for the more aggressive policies in arresting and detaining such foreign nationals is to prohibit the number of foreign nationals with orders of deportation from continuing to reside in the United States.  In Hartford,Connecticut, unless such an individual can post a bond, he/she is immediately arrested after immigration court proceedings (if final order of deportation). 
ICE announced on March 26, 2004 that the Hartford, CT program will now be expanded to Atlanta, Georgia, and Denver, Colorado, as part of an "Endgame" Strategy by the Office of Detention and Removal Operations (DRO).
Many advocates for reasonable and fair immigration laws and reform state that such an immediate arrest/detention policy will not only deter foreign nationals from appearing in court (after a Notice to Appear/NTA is issued), and furthermore, hinder individuals who may seek to appeal the decision (as he/she may be arrested/detained throughout the appeals process). 
`PDF4Download: DHS "Endgame" (ICE/DHS) (03/26/2004)

The Congressional Research Service (CRS) provides nonpartisan research, analysis, and information to Members of Congress, and its March 2004 CRS Report discusses the continuing trend of state and local enforcement of (federal) immigration law.  States such as Alaska and Oregon have "sanctuary" laws (New York City has Executive Order 41) where state/local officials have "non-cooperation" and "don't ask-don't tell" policies. In April of 2004, Maine's Governor issued a "non-cooperation" Executive Order. On the other hand, states such as Florida and Alabama have a MOU (Memorandum of Understanding) that allows certain state/local law officials to enforce civil immigration laws (i.e. status violations).  For the state of Arizona, on March 16, 2004, the Dept. of Homeland Security unveiled the "Arizona Border Control (ABC) Initiative" that is a cooperative approach to enforce immigration laws by local, state, tribal and federal law enforcement officers of Arizona.  Also, as of March 15, 2004, it appears that employees at the Indiana BMV (Bureau of Motor Vehicles) are being instructed to call police if they have doubts about documents that cross their counters.  Under a statewide BMV policy that started March 15, the focus is on foreign nationals.  The BMV will work with federal immigration officials to determine the validity of all immigration documents presented as identification at license branches, with access to federal immigration database.
 
`PDF4Download: Maine Executive Order (04/09/04)
`PDF4Download: Arizona Border Control Initiative (ICE/DHS) (03/16/04)
`PDF4Download: CRS Report State/Local Enforcement of Immigration Law (CRS) (03/11/2004)
i8Gov. Site: Congressional Research Service (CRS)
`PDF4Download: NYC Mayor Executive Order 41 (NYC) (09/03)
`PDF4Download: BICE "LESC" Press Release (08/2003) (BICE/DHS)
`PDF4Download: U.S. DOJ's "State/Local Enforcement of Federal Immigration Laws" Letter (05/03) (US DOJ)
`PDF4Download: Authorization of FBI Agents' Immigration Law Enforcement Powers (02/03)  (FBI)
i8The National Lawyers Guild's "Rights of Noncitizens in the U.S." (NLG)