System Notice for Alien Status Verification Index (ASVI)

Sections 101 and 121 of the Immigration Reform and Control Act of 1986; Section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; 8 U.S.C. 1360; 8 U.S.C. 1324a; 8 U.S.C. 1373; 8 U.S.C. 1642; 20 U.S.C. 1091; 42 U.S.C. 1320b-7; 42 U.S.C. 1436; and Executive Order 12781.

  

PURPOSE(S):

This system of records is used to verify the individuals' immigrant, nonimmigrant, and/or eligibility status for any purpose consistent with INS statutory responsibilities.

 

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Relevant information contained in this system of records may be disclosed as follows:

A.      To a federal, state, tribal, or local government agency, or to a contractor acting on its behalf, to the extent that such disclosure is necessary to enable these agencies to make decisions concerning the

1.      hiring or retention of an employee;

2.      issuance of a security clearance;

3.      reporting of an investigation of an employee;

4.      letting of a contract;

5.      issuance of a license or grant; or

6.      determination of eligibility for a federal, state, or local program or other benefit. Such access may be via a system in which the recipient performs its own automated verification of the requisite information for deciding any of the above. INS will assign appropriate access codes for remote access through secured terminals to agencies which are to perform their own automated verification. Records may also be disclosed to these agencies for use in computer matching programs for the purpose of verifying eligibility of applicants for federal, state, or local programs or benefits.

B.      To any person or entity, e.g., employers, agents of employers, state employment agencies, etc., authorized or required by law to participate in an employment verification program, any information which will enable such persons or entities to verify eligibility to work in the United States in compliance with the employer sanctions provisions of the Immigration Reform and Control Act of 1986. Such persons or other entities are assigned secure access codes and will have access through electronic means.

C.      To the private contractor for maintenance and for other administrative support operations (e.g., preparing for INS management reimbursable cost reports etc. based on user access), to the extent necessary to perform such contract duties.

D.      To other federal, state, tribal, or local government agencies for the purpose of verifying information in conjunction with the conduct of a national intelligence and security investigation or for criminal or civil law enforcement purposes.

E.      To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy.

F.      To a Member of Congress or staff acting upon the Member's behalf when the Member or staff request the information on behalf of and at the request of the individual who is the subject of the record.

G.      To the National Archives and Records Administration (NARA) and the General Services Administration in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.

H.      To a federal, state, tribal, or local government agency participating in the INS Status Verification Program seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law.

I.      To a person or entity authorized by a federal, state, tribal or local government agency to act as the agency's contractor, agent, grantee, or designee with respect to ascertaining or verifying immigration status for any purpose consistent with INS statutory responsibilities, and/or are otherwise authorized by law. INS would disclose to such person or entity only to the extent that it would otherwise disclose to the authorizing federal, state, tribal or local government agency pursuant to an applicable Privacy Act disclosure provision.

J.      Pursuant to subsection (b)(3) of the Privacy Act, the Department of Justice may disclose relevant and necessary information to a former employee of the Department for purposes of: responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person's former area of responsibility.

 

 

POLICIES AND PRACTICES FOR STORING RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: 

    

STORAGE:

Records are stored on magnetic disk and tape.

    

RETRIEVABILITY:

Records are indexed and retrievable by name and date and place of birth, or by name and social security account number, by name and A-file number.

 

SAFEGUARDS:

Records are safeguarded in accordance with Department of Justice Orders governing security of automated records and Privacy Act systems of records. Access is controlled by restricted password for use of remote terminals in secured areas.

    

RETENTION AND DISPOSAL:

Information is destroyed when no longer needed.

 

SYSTEM MANAGER AND ADDRESS:

The Director, SAVE Branch, Immigration and Naturalization Service, 425 I Street NW, First Floor, Union Labor Life Building, Washington, DC 20536, is the sole manager of the system.

    

NOTIFICIATION PROCEDURES:

Inquiries should be addressed to the system manager listed above.

    

RECORD ACCESS PROCEDURES:

In all cases, requests for access to a record from this system shall be in writing. If a request for access is made by mail the envelope and letter shall be clearly marked "Privacy Act Request.'' The requester shall include the name, date and place of birth of the person whose record is sought and if known the alien file number. The requester shall also provide a return address for transmitting the information.

 

CONTESTING RECORDS PROCEDURES:

Any individual desiring to contest or amend information maintained in the system should direct his or her request to the System Manager or to the INS office that maintains the file. The request should state clearly what information is being contested, the reasons for contesting it, and the proposed amendment to the information.

 

RECORD SOURCE CATEGORIES:

Basic information contained in this system is taken from Department of State and INS applications and reports on the individual.

 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.