Notice2021-26692
Privacy Act of 1974; Computer Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2021
Effective
January 10, 2022
Issuing agencies
Homeland Security Department
Abstract
Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protections Amendment of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the reestablishment of a matching program between the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the New Jersey Department of Labor and Workforce Development (NJ-LWD). NJ-LWD will match against DHS-USCIS data to verify the immigration status of non- U.S. citizens who apply for federal benefits (Benefit Applicants) under Unemployment Compensation (UC) programs that NJ-LWD administers to determine whether Benefit Applicants possess the requisite immigration status to be eligible for the UC it administers.
Full Text
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<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70142-70143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26692]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2021-0032]
Privacy Act of 1974; Computer Matching Program
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Notice of a reestablished matching program.
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SUMMARY: Pursuant to the Privacy Act of 1974, as amended by the
Computer Matching and Privacy Protection Act of 1988 and the Computer
Matching and Privacy Protections Amendment of 1990 (Privacy Act), and
Office of Management and Budget (OMB) guidance on the conduct of
matching programs, notice is hereby given of the reestablishment of a
matching program between the Department of Homeland Security (DHS),
U.S. Citizenship and Immigration Services (USCIS), and the New Jersey
Department of Labor and Workforce Development (NJ-LWD). NJ-LWD will
match against DHS-USCIS data to verify the immigration status of non-
U.S. citizens who apply for federal benefits (Benefit Applicants) under
Unemployment Compensation (UC) programs that NJ-LWD administers to
determine whether Benefit Applicants possess the requisite immigration
status to be eligible for the UC it administers.
DATES: Please submit comments on the proposal by January 10, 2022. The
matching program will be effective on January 10, 2022 unless comments
have been received from interested members of the public that require
modification and republication of the notice. The matching program will
continue for 18 months from the beginning date and may be extended an
additional 12 months if the conditions specified in 5 U.S.C.
552a(o)(2)(D) have been met.
ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0032 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number DHS 2021-0032. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: To obtain additional information about
this matching program and the contents of this Computer Matching
Agreement between DHS-USCIS and NJ-LWD, please view this Computer
Matching Agreement at the following website: <a href="https://www.dhs.gov/publication/computer-matching-agreements-and-notices">https://www.dhs.gov/publication/computer-matching-agreements-and-notices</a>. For general
questions about this matching program, contact Jonathan M. Mills,
Acting Chief, USCIS SAVE Program at (202) 306-9874. For general privacy
questions, please contact Lynn Parker Dupree, (202) 343-1717, Chief
Privacy Officer, Department of Homeland Security, Washington, DC 20528-
0655.
SUPPLEMENTARY INFORMATION: DHS-USCIS provides this notice in accordance
with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the
Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503)
and the Computer Matching and Privacy Protection Amendments of 1990
(Pub. L. 101-508) (Privacy Act); Office of Management and Budget (OMB)
Final Guidance Interpreting the Provisions of Public Law 100-503, the
Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June
19, 1989); and OMB Circular A-108, 81 FR 94424 (December 23, 2016).
Participating Agencies: DHS-USCIS and NJ-LWD.
Authority for Conducting the Matching Program: Section 121 of the
Immigration Reform and Control Act (IRCA) of 1986, Public Law 99-603,
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA), Public Law 104-193, 110 Stat. 2168
(1996), requires DHS to establish a system for the verification of
immigration status of noncitizen applicants for, or recipients of,
certain types of benefits as specified within IRCA, and to make this
system
[[Page 70143]]
available to state agencies that administer such benefits. The Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),
Public Law 104-208, 110 Stat. 3009 (1996) grants federal, state or
local government agencies seeking to verify or ascertain the
citizenship or immigration status of any individual within the
jurisdiction of the agency with the authority to request such
information from DHS-USCIS for any purpose authorized by law.
Purpose: The purpose of this Agreement is to re-establish the terms
and conditions governing NJ-LWD's access to, and use of, the DHS-USCIS
Systematic Alien Verification for Entitlements (SAVE) Program, which
provides immigration status information from federal immigration
records to authorized users, and to comply with the Computer Matching
and Privacy Protection Act of 1988 (CMPPA).
NJ-LWD will use the SAVE Program to verify the immigration status
of non-U.S. citizens who apply for federal benefits (Benefit
Applicants) under the Unemployment Compensation (UC) benefits program
that it administers. NJ-LWD will use the information obtained through
the SAVE Program to determine whether Benefit Applicants possess the
requisite immigration status to be eligible for the UC benefits
administered by NJ-LWD.
This Agreement describes the respective responsibilities of DHS-
USCIS and NJ-LWD to verify Benefit Applicants' immigration status while
safeguarding against unlawful discrimination and preserving the
confidentiality of information received from the other party. The
requirements of this Agreement will be carried out by authorized
employees and/or contractor personnel of DHS-USCIS and NJ-LWD.
Categories of Individuals: The persons about whom DHS-USCIS
maintains information, which is contained in its Verification
Information System (VIS) database used by the SAVE Program to verify
immigration status, that are involved in this matching program include
noncitizens (meaning any person as defined in Immigration and
Nationality Act section 101(a)(3)), those naturalized, and to the
extent those that have applied for Certificates of Citizenship, derived
U.S. citizens, on whom DHS-USCIS has a record as an applicant,
petitioner, sponsor, or beneficiary. The persons about whom NJ-LWD
maintains information that is involved in this matching program include
non-citizen Benefit Applicants for, or recipients of, UC administered
by NJ-LWD. The persons referred to here are only considered individuals
as defined by the Privacy Act, and thus covered under this matching
program, to the extent they are U.S. citizens or lawful permanent
residents.
Categories of Records: Data elements to be matched between NJ-LWD
records and DHS-USCIS federal immigration records include the
following: Last Name, First Name, Middle Name, Date of Birth,
Immigration Numbers (e.g., Alien Registration/USCIS Number, I-94
Number, SEVIS ID Number, Certificate of Naturalization Number,
Certificate of Citizenship Number, or Unexpired Foreign Passport
Number), and Other Information from Immigration Documentation (for
example, Country of Birth, Date of Entry, Employment Authorization
Category). Additional Data elements provided to NJ-LWD from DHS-USCIS
records related to the match may include: Citizenship or Immigration
Data (for example, immigration class of admission and/or employment
authorization), Sponsorship Data (for example, name, address, and
social security number of Form I-864/I-864EZ sponsors and Form I-864A
household members, when applicable) and Case Verification Number.
System of Records: DHS/USCIS-004 Systematic Alien Verification for
Entitlements (SAVE) System of Records Notice, 84 FR 31798 (May 27,
2020).
Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2021-26692 Filed 12-8-21; 8:45 am]
BILLING CODE 9110-9L-P
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