[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)] [Notices] [Pages 51147-51149] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-25786] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Immigration and Naturalization Service [INS No. 1864-97] Pilot Programs To Deny Driver's Licenses and Identification Cards to Aliens Who Are Not Lawfully Present in the United States AGENCY: Immigration and Naturalization Service, Justice. ACTION: Notice prescribing guidelines under which states may conduct pilot programs to deny driver's licenses and identification cards to aliens who are not lawfully present in the United States and inviting states to contact the Immigration and Naturalization Service (Service) to express interest in participating in such a pilot program. ----------------------------------------------------------------------- SUMMARY: The Commissioner of the Service invites each state to contact the Service if it is interested in participating in a pilot program to deny driver's licenses and identification cards to aliens who are not lawfully present in the United States. Guidelines are prescribed for the pilot programs. This notice and pilot programs are required by section 502 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009 (IIRIRA). DATES: Written responses must be submitted on or before October 30, 1997. ADDRESSES: Please submit your response in triplicate to: John E. Nahan, Immigration and Naturalization Service, 425 I Street, NW., ULLICO Building, 4th Floor, Washington, DC 20536, Attention: SAVE Program. FOR FURTHER INFORMATION CONTACT: John E. Nahan, Immigration and Naturalization Service, 425 I Street, NW., ULLICO Building, 4th Floor, Washington, DC 20536, telephone (202) 514-2317. [[Page 51148]] SUPPLEMENTARY INFORMATION: Background and Statutory Authority Pursuant to the authority contained in section 502 of IIRIRA, all states may conduct pilot programs, pursuant to guidelines prescribed by the Attorney General, to deny driver's licenses and identification cards to aliens who are not lawfully present in the United States. For the purpose of these pilot programs, the Service is using the definition of ``an alien who is lawfully present in the United States'' provided by 8 CFR 103.12(a) for the purposes of applying for Title II Social Security benefits. An alien who is ``not lawfully present in the United States'' is any alien not included in section 103.12(a). This definition is subject to change based upon any definition of lawful presence for the purpose of determining eligibility for public benefits and services that may be made in the future by the Attorney General. The Service construes section 502's reference to ``driver's licenses'' also to include identification cards issued by a state in a similar manner as driver's licenses, but that do not confer driving privileges. The Service is using the definition of ``state'' provided by section 101(a)(36) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(36), as including the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the United States in addition to the 50 states. Purpose The purpose of these pilot programs is to determine the viability, advisability, and cost-effectiveness of states' denying driver's licenses and identification cards to aliens who are not lawfully present in the United States. Guidelines The Service prescribes the following guidelines applicable to pilot programs under authority of section 502 of IIRIRA:The pilot program must provide for the denial of driver's licenses and identification cards to applicants who are not lawfully present in the United States, as defined by the Attorney General at 8 CFR 103.12. The pilot program must require the accurate verification of whether a driver's license or identification care applicant is lawfully present in the United States, as defined by the Attorney General at 8 CFR 103.12. The pilot program must not violate Federal law by resulting in illegal discrimination on the basis of race, national origin, gender, religion, age, or disability, or in any other way violate the Constitution and laws of the United States. The pilot program must not violate any provision of state law in the state in which it operates. The pilot program must be designed to result in a determination of the viability, advisability, and cost-effectiveness of the state's denying driver's licenses and identification cards to aliens who are not lawfully present in the United States, as defined by the Attorney General. Eligibility for Participation Any state may participate in a pilot program under section 502 of IIRIRA provided it meets the guidelines stated above. Project Restrictions The Service may deny or limit state participation in the pilot program depending upon available resources. Description of Section 502 Pilot Programs The purposes of this notice are to provide the basic guidelines applicable to all pilot programs conducted under section 502 of IIRIRA, and to invite initial statements of interest from states. Further details of each pilot program will be determined on the basis of the specific needs, desires, and abilities of each state and the Service, and will be memorialized in a Memorandum of Understanding between the state and the Service, setting forth the terms and conditions of the pilot program. All pilot programs must comply with the basic guidelines, but the details, duration, and scope of pilot programs may differ among participating states. The Service plans to be flexible in working with states to formulate pilot programs that best meet their needs, and is open to new proposals and ideas from the states. Detailed below is one example of a section 502 pilot program approach that appears promising to the Service, but is not meant to be exclusive: Applicants for driver's licenses or identity cards will state on the application under penalty of perjury whether they are citizens, non-citizens, or nationals of the United States, and will present documentary evidence of their identity and citizenship or immigration status to the state. Applicants who are not citizens or nationals of the United States must present alien registration documentation or other proof of immigration registration from the Service that includes the individual's alien registration number or alien admission number. The Service will make available and maintain an immigration status records system which provides information on aliens' immigration status. The system is known as the Alien Status Verification Index (ASVI) (Justice/INS 009). The ASVI data base contains information on approximately 60 million immigrant and nonimmigrant aliens and is updated on a daily basis. The ASVI data base was originally designed as an information service for agencies and institutions issuing entitlement benefits, and is used by the Systematic Alien Verification for Entitlements (SAVE) and Employment Verification Pilot (EVP) programs. The states will have access to the information contained in the ASVI data base via a personal computer with a modem. To perform a primary query of ASVI, the user inputs the alien's identification number (registration number or admission number) and other limited information. When the user accesses the ASVI data base to perform a primary query, ASVI will respond within 3-5 seconds of the query. When the response from a primary query directs the user to institute a secondary verification because it cannot positively verify a particular alien's status, the user provides additional information, i.e., full name, date of birth, etc., to the Service to assist the Service in verifying the immigration status. The ASVI data base has proven to be an effective, secure, and economical method of verifying the immigration status of aliens. Information To Be Included in the Response Each response should include the complete name of the Department of Motor Vehicles or other agency of the responding state that will be responsible for implementing the pilot program; headquarters address; listing of additional locations, if any; and the name and phone number of the contact person for this pilot. Other information that is not mandatory, but which will be of assistance to the Service in evaluating the response and which may be included is: a description of legal authority under state law for denying driver's licenses and identification cards to aliens not lawfully present in the United States; a description of any current policies or procedures regarding verification of identity or citizenship or immigration status of applicants; a description of any current policies or procedures regarding the issuance of driver's licenses or identification cards to aliens; the estimated number of alien applicants annually, and proposals or comments regarding the desired scope [[Page 51149]] and format of the pilot program within the State. OMB Reporting Burden The public reporting burden for this collection of information is estimated to be 2 hours, including gathering the information needed, and completing and reviewing the collections of information. Please send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Immigration and Naturalization Service, 425 I Street, NW., HQPDI, Room 5307, Washington, DC 20536. These requirements have been approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act, and are recorded as OMB Control Number 1115-0126, with an expiration date of December 31, 1997. Dated: September 21, 1997. Doris Meissner, Commissioner, Immigration and Naturalization Service. [FR Doc. 97-25786 Filed 9-29-97; 8:45 am] BILLING CODE 4410-10-M