Waiver criteria for immigration status verification

CLASSIFICATION

UI / SAVE
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
CORRESPONDENCE SYMBOL
Washington, D. C. 20210
TEUMI
ISSUE DATE

March 15, 1988
RESCISSIONS
EXPIRATION DATE

None
March 31, 1989

DIRECTIVE: UNEMPLOYMENT INSURANCE PROGRAM LETTER 26-88

TO: ALL STATE EMPLOYMENT SECURITY AGENCIES

FROM: DONALD J. KULICK, Administrator for Regional Management

SUBJECT: Bases on Which Secretary Will Grant Waivers of Certain Participation in Alien Status Verification System

1. Purpose: To announce the bases on which the Secretary will make a determination to g rant a waiver f rom
   participation in the Immigration and Naturalization Service's (INS) automated alien status verification system.

2. References. Section 1 2 1 of the Immigration Reform and Control Act of 1986 (IRCA, P.L. 99-603); Sections
   302(a) and 1137(d) and (e) of the Social Security Act (SSA); Section 3304(a) ( 1 4 ) of the Federal Unemployment
   Tax Act (FUTA); INS'S public notice of proposed procedures entitled "Verification of Immigration Status of Aliens

   Applying for Benefits under Certain Programs," published in the Federal Register on September 8, 1987 (52 Fed.
   Reg. 33882); and Unemployment Insurance Program Letter (UIPL) Nos. 12-87, 2-88, and 11-88.

3. Background: Section 12l(a)(l), IRCA, added SSA Sections 1137(d) and (e) providing that aliens applying for
   certain entitlement programs, including unemployment insurance (UI), shall have their immigration status
   verified through an automated verification system developed by the INS. This system enables States to access
   the INS data base (operated by a contractor) via several methods and is currently available, although State
   Employment Security Agency (SESA) use is voluntary in Fiscal Year (FY) 1988. Further, IRCA amended Section
   302(a), SSA, to authorize funding of the reasonable expenditures of the State which are attributable to the costs
   of implementing and operating the INS designated alien status verification system. Section 12l(c), IRCA, requires
   each State to utilize this system by October 1, 1988, unless the Secretary of Labor has granted a waiver of its
   participation for the UI program. Waivers may be g ranted by the Secretary on his/her own initiative or upon
   application.

   Section 12l(c), IRCA, also provides that the Secretary is required to report to the appropriate Congressional
   committees by April 1, 1988, on whether (and the extent to which) the requirements of the INS designated
   system are cost-effective and otherwise appropriate for the UI program and whether a waiver should be applied
   to participation by one or more States.

   Section 12l(c)(4)(B), IRCA, provides that the Secretary may waive participation by a State if: (a) the State has in
   effect an alternative system of alien status verification which is as timely and effective as the INS designated
   system or (b) the cost of administration of the INS desig ated system will exceed the estimated savings in the

   State's UI program. The cost-effectiveness criteria the Secretary must use in making the waiver decision are
   contained in Section 12l(c)(4)(C), IRCA. The criteria includes the Secretary's estimate of :

   a. The number of aliens claiming UI benefits in relation to the total number of UI claimants;
   b. Any savings in UI benefit expenditures reasonably expected from use of the INS designated system ;
   c. The labor and non-labor costs of administration of the INS designated system ;
   d. The degree to which INS is capable of providing timely and accurate information to the SESAs; and
   e. Such other factors as the Secretary deems relevant.

   To date the following actions have been taken to implement the Secretary's responsibilities under Section 121,
   IRCA:

   a. In February 1987, all SESA Administrators were offered the opportunity to provide State UI information
   related to the statutory waiver criteria.
   b. In March 1987, UIPL No. 12-87 was issued to explain the new IRCA provisions.
   c. In October 1987, the General Accounting Office (GAO) issued a report on the results of the 6 pilot States
   using an INS developed system commonly known as Systematic Alien Verification for Entitlements (SAVE).
   d. UIPL Nos. 2-88 and 11-88 were issued providing additional budgetary and procedural guidance under IRCA
   to the SESAs.

   In the meantime, INS has published for comment in the Federal Register (52 Fed. Reg. 33882) proposed alien
   status verification procedures for the SAVE program. INS also has developed a hand-out describing the various
   State access methods and "per query" cost estimates. Copies of bot h items are attached. (Copies of final
   SAVE procedures will be forwarded upon receipt in the National Office, as well as any other issuances or revised
   issuances of the INS.)

4. Bases on Which Secretary Will Grant Waivers. The waiver decisions will be made on a State-by-State basis,
   rather than a blank et inclusion or waiver of all States.

   Based on the statutory criteria and on an analysis of available data, State participation will not be waived for any
   State whose alien UI claims work load 3 percent or more. Participation by other States will be waived if
   they can demonstrate (or the Secretary on his/her own initiative determines) that:

   a. The State's present system for alien status verification (mail, telephone, etc.) is at least as effective (in terms
   of administrative costs, benefit cost avoidance, and accurate and reliable information) and timely as the
   SAVE program, and the requirement of Section 12l(c)(4)(B)(i)(II), IRCA, is met (see UIPL No. 12-87); or
   b. The proportion of aliens to UI claims work load is so small and/or so sporadic that the administrative costs
   (start-up and continuing) of using the SAVE program will exceed the benefit savings, and the criteria of
   Section 12l(c)(4)(B)(ii) and (C) are met (see UIPL No. 12-87).

   The Secretary's waiver decisions can be reversed. If circumstances change in a State, or if more definitive data
   become available in a State, the decision with respect to waiver may be changed after FY 1989. The State may
   make application for a change in the waiver decision or the Secretary may act on his/her own initiative.

5. Minimum Requirements. Regardless of any waiver decision relating to UI participation in the SAVE program, the
   Secretary will not waive the requirements of Section 1137 (d) (l) (A), SSA, which provide that all claimants must declare in writing, under penalty of perjury, whether they are a citizen or national of the United States, and, if not, whether they are in satisfactory immigration status. This is a requirement of Section 303 (f), SSA that will be effective October 1, 1988, and may be implemented earlier than that date.

   Where waiver from participation is g ranted, States, at a minimum, are still required to verify alien status with
   INS in cases where the status remains uncertain in order to satisfy the requirements of Section 3304 (a)(l4),
   FUTA.

6. Timing of Secretary's Waivers Determination. The States timely applying for a waiver will be informed of the
   Secretary's waiver decisions by June 30, 1988, although waiver decisions on the Secretary's own initiative may be made after that date. Those States not receiving a waiver will be provided with implementation information by the end of June or, if later, when waiver is denied.

The Department has requested approval from the Office of Management and Budget (OMB) to collect State UI data and information to assist in the implementation of the Secretary's responsibilities under Section 121, IRCA. States will be notified of OMB approval and then may submit UI data and information relative to the statutory criteria contained in Sections 12l(c)(4)(B)(i)(I)and (II) and 12l(c)(4)(C), IRCA.

7. Action Required
   a. SESAs are requested to review the INS attachments to this directive regarding the operational alternatives
   and costs for the SAVE program.

   SESAs are encouraged to fully consider the options offered for access to the INS data base to determine if
   one of these options can be utilized for less cost than current manual procedures. SESAs may find that the
   SAVE program offers a low cost method for verifying alien status even in those States with small alien UI
   workloads.

b. States currently using a mail or telephonic alien verification process, and who anticipate requesting a waiver
on that basis, may wish to begin preparation of a report to the National Office containing all data and other
information relative to the statutory waiver criteria as set in item 4a of this directive.
c. SESAs who anticipate applying for a waiver under 4.b of this directive may wish to begin preparation of a
report to the National Off ice containing the required data and information.

   SESAs who do not provide complete data and information with their application for waiver may be
   requested to furnish additional data or information, or the waiver determination may be based on data and
   information available to the Department when processing the application.

8. Inquiries: Questions should be directed to the appropriate ETA Regional Office.

9. Attachments. Federal Register , pages 33882-33884, dated September 8, 1987, and SAVE program hand-out.

                                Systematic Alien Verification for Entitlements Program
   

Service Availability INS has awarded Martin Marietta Data System the contract to store and provide electronic access to SAVE'S Alien Status Verification Index (ASVI), a data base of more than 25 million records. This service will allow Federal, state and local entitlement issuing agencies, as well as private sector concerns, to verify the immigration documentation of aliens applying for benefits, licenses, etc.

Through its data center in Orlando, Florida, Martin Marietta will provide immediate ASVI access through a variety of highly flexible, easy-to-use and cost effective methods.
Access Methods Access to ASVI is accomplished nationwide through the company’s telecommunications network, common carrier networks such as TYMET and TELENET, and/or toll-free 800 telephone service. The information will be updated regularly by INS thus guaranteeing accurate and current information.

Retrieval will be accomplished via:
 Touch-tone Telephone
 Asynchronous TTY Terminal
 3270 Terminal
 Tape Match
 Point-of-Sale Device
 Batch File Transfer
 Remote Job Entry
Available Information  Last Name
 First Name
 Date of Birth
 Country of Birth
 Date of Entry
 Social Security Number (if available)
 Immigration Status
 Employment Eligibility Statement
 Transaction Verification Code
Benefits
Immediate access via online query using touch-tone telephone or IBM compatible terminals.

Easy-to-use system. User is prompted for required input through either voice commands, in the case of touch-tone telephone use, or formatted screens in the case of terminals.

No need for purchase and installation of expensive equipment. The touch-tone telephone capability makes the information at minimal cost through at toll-free 800 service. Plus, a 20-hour hotline to assist you, should the need arise.

INS estimates that when fully implemented SAVE could realize approximately $2.4 billion annually in cost avoidance payments to unentitled aliens.

SAVE shall not be used by INS for administrative non-criminal immigration enforcement purposes. It provides for verification without regard to the sex, color, race, religion, or national origin of the individual involved.

Martin Marietta Martin Marietta Data Systems is an operating company of the Martin Marietta Corporation, a leader in aerospace and information technology.

As an objective business partner for the past twenty years, Data Systems has been providing integrated system and services to thousands of customers in the government and commercial industries.

Information
For registration authority, contact your overseeing federal reimbursing agency.
For program information, please contact:
Marianne Martz
SAVE Program; 202-633-SAVE