U.S. Department of Homeland Security Washington, DC 20528 Homeland Security May 3, 2019 SENT VIA EMAIL TO: weiserw@brennan.law.nyu.edu Wendy Weiser Brennan Center for Justice, Director 120 Broadway, Suite 1750 New York, NY 10271 Re: 17-cv-06335 (2018-HQFO-00465) Brennan Center for Justice and the Protect Democracy Project v. DOJ, et al. Seventh Interim Release Dear Ms. Weiser: This is our seventh interim response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated January 8, 2018. For this production, DHS reviewed 18 pages of which 12 pages are released in full and six pages are withheld in part pursuant to FOIA exemptions (b)(5), (b)(6), (b)(7)(a), and (b)(7)(c). DHS is releasing these pages after consultation with the Department of Justice (DOJ) and the U.S. Citizenship and Immigration Services (USCIS). The 18 pages for release are bates stamped DHS-001-6335-001425 to DHS-001-6335-001442. If you have any questions regarding this release, please contact Assistant U.S. Attorney Casey Lee, United States Attorney’s Office, U.S. District Court for the District of Columbia, by email at Casey.Lee@usdoj.gov. Sincerely, Bradley E. White FOIA Program Specialist Enclosure: 18 pages U.S. Department of Homeland Security U.S. Citizenship and Services- Vw?i: ration Division DC 30024 tea-Ital? . U. S. Citizenship and Immigration tampon? Services Information for Voter Registration Agencies: Conducting Veri?cations Through SAVE Background Agencies registered with the U.S. Citizenship and Immigration Services (USCIS) SAVE Program are authorized to conduct verifications to maintain their state?s voter registration rolls. This authorization is identified in each agency's memorandum of agreement (MOA). Although the large majority of SAVE registered agencies sign a standard MOA, the voter registration MOA (VRMOA) is tailored to address veri?cations for voter registration purposes. This Fact Sheet provides general guidance for interpreting the VRMOA requirements, but VRMOAs may vary due to each state?s laws or policies. Therefore, if you have any questions about interpreting this Fact Sheet, please contact SAVE. Operational Limitations for Verifying the Citizenship Status SAVE has the following limitations and requirements: 0 SAVE cannot verify U.S. born citizens under any circumstances. I ability to verify citizenship is limited to naturalized and derived citizens.l only has comprehensive records on naturalized and, provided that they have acquired Certi?cates of Citizenship and updated their records with USCIS, derived U.S. citizens. I SAVE requires at minimum the bene?t applicant?s name, date of birth, and current immigration document number related to his or her claimed status. I SAVE cannot verify an individual?s naturalized or derived citizenship status based on a Social Security Number, driver?s license number, U.S. passport number or other document number not issued by a component of the Department of Homeland Security or predecessor, Immigration and Naturalization Service. Verifying the Citizenship Status of Voters To use SAVE to verify citizenship of naturalized and derived U.S. citizens registering or registered to vote, a user agency provide SAVE with the numeric identi?ers alien registration number andfor certificate number) found on the individual?s immigration-related documents Certificate of Naturalization or Certi?cate of Citizenship). Refer to Section of the standard VRMOA, which 1 Derived citizens are persons born abroad who derive U.S. citizenship at birth from one or both U.S. parents who meet the requirements ofU.S. law for transmission of citizenship to their children. These citizens may, but are not required to, apply to USCIS for a Certi?cate of Citizenship evidencing their US. citizenship. The term ?derived citizen? is also frequently used to refer to citizens who automatically acquired U.S. citizenship after birth but under the age of 18 under certain provisions of U.S. naturalization law. Additionally, although derived citizens may have U.S. passports issued by the U.S. Department of State demonstrating their U.S. citizenship, SAVE cannot verify them as citizens using the passport. 1 Revised: April 2015 DHS-001-6335-001425 states that the user agency must: Provide to the SAVE Program the information the SAVE Program requires to respond to User Agency requests for verification of immigration or naturalized or derived citizenship status information, including (1) information from the registrant?s immigration or DHS citizenship documentation, Alien Registration, Naturalization Certi?cate or Certificate of Citizenship number, for initial automated verification, (2) additional information obtained from the registrant's immigration or DHS citizenship documentation for automated additional veri?cation, and (3) completed Forms (3-345 and other documents and information required for manual additional verification, if necessary. Institute ariditionair veri?cation for any registrant that does not verify as a naturalized or derived citizen an initiai verification (emphasis added). if SAVE is unable to verify the registrant as a naturalized or derived citizen after conducting the second step additional verification, the User Agency will contact the registrant to obtain proof of citizenship in accordance with the provisions of this MOA (emphasis added]. For manual only verification, ensure that Forms 6-845 and other documents and information required for manual verification are provided. As indicated, the user agency conduct second step additional veri?cation for any individual that does not verify as a US. citizen after initial veri?cation. To comply with the VRMOA, a user agency cannot terminate the SAVE verification process after initial verification when an individual does not verify as a US. citizen. This requirement to institute additional veri?cation applies to situations where SAVE returns any response other thal_1 US. citizen, such as a response indicating the applicant is a lawful permanent resident. If an individual does not verify as a U.S. citizen after second step additional veri?cation, the user agency must contact the individual and request proof of citizenship, Le, a copy of the Certificate of Naturalization or Certi?cate of Citizenship2, unless the agency has a copy of the necessary immigration document to submit for third step additional veri?cation. To comply with the VRMOA, the user agency also follow other related provisions. Accordingly, the VRMOA states the following at Section Ensure all Users perform any additional verification procedures the SAVE Program requires andior the registrant requests after the User Agency initiates a request for verification. This provision has two aspects: 1) the user agency perform additional veri?cation required by 2) the user agency also conduct additional veri?cation requested by the individual being veri?ed. it is not appropriate for a user agency to conduct verifications if it does not intend to complete the verification process. However, an individual may request that the user agency not conduct additional verification procedures. The following are examples of when a user agency may not need to conduct additional verification after contactng the individual being verified: - When the individual returns an authorized attestation form stating that the individual is not a US. citizen. 0 When the individual provides proof of citizenship accepted by the user agency without verification by SAVE, such as a US. passport. I When the individual does not respond within applicable timeframes to the the user agency inquiry for attestation or proof of citizenship. 2 It is always best to provide SAVE with the alien registration number and the Certi?cate of Naturlaization or Certi?cate ofCitizenship number whenever possible. It is also best to submit a copy of the appropriate Certi?cate for third step additional verification. However, SAVE may be able to verify citizenship based upon an alien registration number on any document issued by USCIS. 2 Revised: April 2015 DHS-001-6335-001426 Section IV.B.1 .1. states that the user agency must: (1) Create standardized correspondence to request that a registrant provide a Naturalization Certificate or Certificate of Citizenship to complete SAVE veri?cation and submit that correspondence to SAVE for approval prior to use with registrants. Every user agency that enters into a VRMOA must prepare standard noti?cation correspondence and provide it for DHS approval. This provision becomes signi?cant: after a second step additional verification is conducted; a the individual does not verify as a US. citizen; and, the user agency does not have a copy of the necessary immigration document. Under those circumstances, the user agency must use this correspondence to contact the individual to request proof of citizenship. Sections It. may also apply at this stage ofthe verification process. These sections state that the user agency must: Provide all registrants who do not verify as a citizen under the terms of the MOA with adequate written notice that their citizenship could not be veri?ed and the information necessary to contact DHS-USCIS [see (iriachnrenr i Fact Sheet, which is subject to revision and reporting on the SA VE Website and Oniine Resources (emphasis added)) so that such individuals may obtain a copy of their Naturalization Certi?cate or Certi?cate of Citizenship or correct their records in a timely manner, if necessary; Provide all registrants who are not veri?ed as citizens based solely or in part on the SAVE response with the opportunity to use the user agency?s existing process to appeal the denial and to contact DHS-USCIS to correct their records prior to a final decision, if necessary. According to Section lV.B.1.m, quoted above, the user agency provide the individual with the Fact Sheet, ?Information for Registrants: Verification of Citizenship Status and How to Obtain Your Document or Correct Your Record with as part of the noti?cation. As part of the VRMOA negotiation process and approval of the notification correspondence, USCIS evaluated the appeals process of each user agency. Accordingly, Section requires that the individual also have the opportunity to appeal the determination that he or she is not a citizen using the user agency?s existing process. Finally, note that Section lV.B.d. incorporates other requirements that user agencies must follow to comply with the VRMOA. The section states that the user agency must: Ensure all Users performing veri?cation procedures compiy with requirements contained in the SAVE Program Guide, web-based tutorial, and this MOA, and updates to these requirements (emphasis added}. SAVE periodically updates its processes and requirements. Accordingly, the user agency must understand and monitor these requirements (including this Fact Sheet), and any updates thereto, as they relate to voter registration veri?cation requests. 3 Revised: April 2015 DHS-001-6335-001427 Instructions for Conducting Voter Registration Verifications the individual does not the electronic additional second step verification SAVE will provide a verify as a U.S. citizen process to request additional verification: response based on on initial veri?cation. - Identify in the ?comment? field on the ?Request the information Additional Verification" page that the request is available in USCIS to determine if the individual is a US. citizen; records or will direct I Submit the case for additional veri?cation. you [0 ?13511le? with does.? the individual does not the electronic third step or paper only Form G- SAVE will provide a verify as a US. citizen 8453i verification process and submit a copy of the response based on on electronic additional applicant?s immigration document showing the information second step verification. U.S.citizenship: available in USCIS - attach a copy of the applicant?s USCIS issued records. immigration document (cg, Certi?cate of Naturalization or Certi?cate of Citizenship); I Submit the completed electronic third step request andfor the Form (3-845. If you have any questions regarding this guidance or would like to request training please contact the SAVE Program at SAVE.help@uscis.dhs. gov. '1 If SAVE returns a second step response indicating that an individual has an immigration status other than US. citizen, lawful permanent resident, the user agency use the paper Form 0-845 to submit the USCIS issued document to SAVE for third step additional veri?cation. Always identify in the ?comment" field on the Form G- 845 that the request is to determine if the individual is a US. citizen. Please follow all instructions for submitting a paper Form 0-845. 4 Revised: April 2015 DHS-001-6335-001428 US. Department UfHumeland Security LLS. Citizenship and Immigralion Services hmm'gmtirm Records and Identity Services Washington, DC 20529-2000 syn-RT,? . U.S. C1tlzensh1p and Immigration em Services ?lp ?rilf'f 503 1?011 The Use of SAVE for Voter Registration Background The Systematic Alien Verification for Entitlements (SAVE) program is an inter-governmental initiative using a web-based service to help federal, state and local agencies that issue public benefits determine the citizenship and immigration status of applicants. SAVE is not itselfa database, but is only a system that accesses Department of Homeland Security (DHS) and other agency databases containing information regarding the status of nonimmigrants, immigrants, and certain naturalized and derived US. citizens. SAVE originally existed as a pilot program, implemented over two years by the Immigration and Naturalization Service in voluntary cooperation with the states, and was then permanently authorized in Section 121lc) of the Immigration Reform and Control Act of 1986 (IRCA), Pub. L. No. 99- 603. IRCA prohibited the gra nting of specified federal public benefits to certain non-U.S. citizens and imposed obligations upon benefit granting agencies to determine the citizenship and/or immigration status of applicants for these benefits. IRCA also required that each benefit applicant declare in writing whether he or she is a citizen or national of the United States. If the applicant is not a citizen or national of the United States, the applicant must show thatsatisfactory immigration status, as set forth by federal law, to receive that benefit. IRCA required the establishment of an automated system for verifying the immigration status of noncitizen applicants for certain federal benefits, originally including only the follow federal programs: - Temporary Assistance to Needy Families F) Program - Medicaid Program - Certain Territorial Assistance Programs - Food Stamps - Unemployment Compensation Program - Title IV Educational Assistance Programs - Certain Housing Assistance Programs About a decade after SAVE was created, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Pub. L. No. 104-193, provided additional restrictions for certain programs funded by federal, state, and local governments. PRWORA established stricter citizenship or immigration status eligibility requirements for many programs and rendered certain categories of non- U.S. citizen ineligible for many benefits. Near the same time, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, as amended, expanded purview by requiring DHS to respond to inquiries by federal, state, and local government agencies DHS-001-6335-001429 Wimuscisgov seeking to verify or determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any lawful purpose. SE 8 U.S.C. 1373lc). Accordingly, SAVE is now required, by statute, to respond to inquiries made by federal, state, or local government agencies seeking to verify or ascertain citizenship or immigration status of any individual within the jurisdiction of the agency "for any purpose authorized by law.? This is the legal authority SAVE relies upon when performing verification in association with state voter registration and state voter list maintenance. Federal law {the Help America Vote Act} also requires State election officials to maintain and update computerized voter registration lists to ensure voter eligibility while maintaining voter's rights. 52 U.S.C. 21083; see 52 U.S.C. 20507. With respect to the mechanics of using SAVE, the SAVE Program currently provides verification services to over one thousand agencies. Only federal, state, and local benefit?granting agencies may register for the SAVE Program. The agency must be authorized by law to engage in an activity or provide a benefit for which immigration status verification is required. SAVE requires the agency to submit electronic copies of all applicable legal authorities authorizing the agency to: 0 Issue the stated benefit or license or engage in other activity; and 0 Verify immigration status before issuing the stated benefit or license or pursuant to engaging in the other activity. The SAVE Program reviews the submitted legal authorities to ensure that the agency is authorized to participate in the program. If the agency meets the eligibility criteria to participate in the SAVE Program, the agency is required to enter into a Memorandum of Agreement (MOA) with DHSIUSCIS outlining the purpose and the responsibilities for participation in the program. SAVE charges user agencies a fee based on the number and type of transactions they perform. If an agency?s account does not make any transactions in a given month, then SAVE does not charge that account. However, ifan agency?s account makes any transaction in a given month, SAVE automatically charges a minimum service transaction fee of $25. - Initial Verification: $0.50 - Retry Initial Verification: $0.50 - Additional Verification: $0.50 - Maximum Charges for electronic cases: $1.50 - Paper?based Form (3-845, Document Verification Request: $2.00 The SAVE program monitors the accuracy of its responses by performing quality assurance audits. SAVE meets its goal for 99 percent legal instrument examiner accuracy on a basis. The SAVE program is also undergoing a modernization effort to decrease the percentage of cases requiring a manual review and is eliminating paper based requests in FY 2018. The SAVE Verification Process and Voter Registration Agencies Before gaining access to SAVE for voter registration, the state agency must provide USCIS with all applicable legal authorities and voter registration procedures that authorize the agency to engage in voter registration activities. These authorities are reviewed by the USCIS Office of the Chief Counsel and the DHS Office of the General Counsel is also notified of the state?s request. The state?s DHS-001-6335-001430 ?w.uscis,gov application to use SAVE for voter registration or voter list maintenance is not approved until the state demonstrates that they have adequate notification and appeal processes in place to ensure that any voter denied registration has adequate due process. Once an agency is approved, role in verifying voter registration eligibility is limited to verifying naturalized or derived citizenship. SAVE cannot verify U.S. born citizens under any circumstances. To use SAVE to verify naturalized or derived citizenship of individuals registering or registered to vote, a user agency must provide SAVE with the numeric identifiers Alien or USCIS number, l-94 arrivalfdeparture document number, certificate or naturalization number} found on an individual?s immigration?related dOCuments a Certificate of Naturalization or a Certificate of Citizenship), first and last name, and date of birth. There are various other limitations related to the information necessary to conduct verifications: - SAVE cannot conduct verifications based on Social Security numbers. - Derived citizens often do not have a document of any type to show U.S. citizenship and in these cases no citizenship record will exist with DHS. - Department of State?adjudicated derived citizens may not have a record with USCIS and U.S. Passports cannot be verified in SAVE. 1 SAVE can take up to three possible verification steps in order to reach a final verification result. The first step is electronic and takes only three to five seconds. If SAVE cannot verify the individual as a U.S. Citizen, the requesting voter registration agency must perform any additional verification procedures the SAVE Program requires and/or the applicant requests. Accordingly, when the initial response is ?Institute Additional Verification? or the individual requests additional verification because the status returned does not match their claimed citizenship status, second step additional verification is required. If the second step verification does not match their claimed citizenship status, the voter registration agency must submit a copy of the document {Naturalization Certificate or Certificate of Citizenship] for a third step verification. The additional verification steps must be performed in these situations because it allows USCIS staff to manually check data sources and provide a correct response. If the requesting agency has any concerns about a SAVE additional verification, it may call USCIS to discuss the verification. If an agency has alternative processes upon which to base its decision regarding the individual?s citizenship status, additional verification is not required. Voter Registration and Voting List Maintenance Current Enrollees and Issues SAVE is currently used by a limited number of agencies for voter registration related verifications (either at point of registration or later for voter roll maintenance): 3. Arizona Counties 1} Maricopa 2) La Paz 3} Pima 4) Yuma 5) Yavapai. They do verification at the point of registration. SAVE is in negotiations with the State of Arizona to provide all 15 Arizona counties with access under a single uniform Memorandum of Agreement with the state. Colorado Secretary of State. Verifies voters already on the rolls. c. Florida Secretary of State. Verifies voters already on the rolls. 1 SAVE is only able to verify information that relates to information found in the databases accessed by the system. Accordingly, if an individual with derived citizenship status has not applied for a Certificate of Citizenship with USCIS, the agency may not have that individual?s citizenship status in its databases, and SAVE will not be able to confirm that individual?s derived citizenship status. However, many derived citizens have received U.S. passports from the Department of State lfthe DOS has provided USCIS with a record of the passport citizenship adiudication and USCIS has updated the individual?s alien file, SAVE would be able to find the citizenship record with the individual?s Alien number. DHS-001-6335-001431 ?w.uscis,gov d. North Carolina State Board of Elections. Verifies voters already on the rolls. e. Virginia Board of Elections. Verifies voters already on the rolls. f. Georgia Secretary of State. Verification at the point of registration. These agencies represent only a small fraction of the 1,150 agencies registered to use SAVE and only 0.07 percent of total query volume. Only four of the ten agencies used SAVE in FY 2017 for voter registration and list maintenance, and the state of North Carolina was responsible for 93 percent of the query volume. As indicated by the above list of voter registration agencies using SAVE, they will either use SAVE at the point of registration or to verify the immigration status of individuals already on voter rolls registered against State Department of Motor Vehicle records. For voter registration, the agency is usually limited by federal and state legal requirements concerning the information and documentation that they can collect from the individual to show citizenship. For list maintenance, the agencies are limited by the information contained within the Department of Motor Vehicle records, and they will have no direct contact with the individual before running a SAVE verification. It is almost never the case that a voter registration agency initiating a verification will have all of the information and/or documents available to them to complete all three steps of a SAVE verification, if necessary. Accordingly, the requesting agency may need to take extra steps to request additional information and documentation from the individual in order to satisfactorily complete a SAVE verification. DHS-001-6335-001432 ?w.uscis,gov LIB. Department ofHomeland Security U.S. Citizenship and Immigralion Services frmm'gmtim! Records and Identity Services Washington, DC 20529-2000 . 3H1, U.S. C1tlzensh1p rev: and Immigration ?am ?of Services IMMIGRATIDH SERVICES The Use of SAVE for Voter Registration Background The Systematic Alien Veri?cation for Entitlements (SAVE) program is required, by statute, to respond to inquiries made by federal, state, or local government agencies seeking to verify or ascertain citizenship or immigration status of any individual within the jurisdiction ofthe agency ?for any purpose authorized by law.? origins are found in the Immigration Reform and Control Act of 1986 (IRCA), Public Law (Pub. L.) No. 99-603. prohibited certain federal agencies from granting speci?ed federal public bene?ts to certain non?US. citizens, and imposed obligations upon those benefit granting agencies to determine the citizenship andfor immigration status of bene?t applicants. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104?208, as amended, expanded purview by requiring DHS to respond to inquiries by federal, state and local government agencies seeking to verify or determine the citizenship or immigration status of any individual within thejurisdiction ofthe agency for any lawful purpose. See 8 U.S.C. 1373(c). The SAVE Veri?cation Process Before gaining access to SAVE for voter registration, the state agency must provide USCIS with all applicable legal authorities and voter registration procedures that authorize the agency to engage in voter registration activities. These authorities are reviewed by the USCIS Of?ce of Chief Counsel and the DHS Of?ce of the General Counsel (OCC) is also notified of the state?s request. The state?s application to use SAVE for voter registration or voter list maintenance is not approved until the state demonstrates that they have adequate noti?cation and appeal processes in place to ensure that any voter denied registration has adequate due process. Once an agency is approved, role in verifying voter registration eligibility is limited to verifying naturalized or derived citizenship. SAVE cannot verify U.S. born citizens under any circumstances. To use SAVE to verify naturalized or derived citizenship of individuals registering or registered to vote, a user agency must provide SAVE with the numeric identi?ers alien registration number andlor certi?cate number) found on the individual?s immigration- related documents a Certi?cate of Naturalization or a Certi?cate of Citizenship), ?rst and last name, and date of birth. There are various other limitations related to the information necessary to conduct veri?cations: DHS-001-6335-001433 I SAVE cannot conduct veri?cations based on Social Security Number. I Derived citizens often do not have a document of any type to show US. citizenship and in these cases, no citizenship record will exist with DHS. I Department of State-adjudicated derived citizens may not have a record with USCIS and US. Passports cannot be veri?ed in SAVE. SAVE can take up to three possible veri?cation steps in order to reach a ?nal veri?cation result. The ?rst step is electronic and takes only 3-5 seconds. If SAVE cannot verify the individual as a US. Citizen, the requesting voter registration agency must perform any additional veri?cation procedures the SAVE Program requires andfor the applicant requests. Accordingly, when the initial response is ?Institute Additional Veri?cation" or the individual requests additional veri?cation because the status returned does not match their claimed citizenship status, second step additional veri?cation is required. If the second step veri?cation does not match their claimed citizenship status, the voter registration agency must submit a copy of the document (Naturalization Certi?cate or Certi?cate of Citizenship) for a third step veri?cation. The additional veri?cation steps must be performed in these situations because it allows USCIS staff to manually check data sources and provide a correct response. If the requesting agency has any concerns about a SAVE additional veri?cation, it may call USCIS to discuss the veri?cation. If an agency has alternative processes upon which to base its decision regarding the individual?s citizenship status, additional veri?cation is not required. Current Enrollees SAVE is currently used by a limited number of agencies for voter registration related veri?cations (either at point of registration or later for voter roll maintenance): a. Arizona Counties 1) Maricopa 2) La Paz 3) Pima 4) Yuma 5) Yavapai. They do veri?cation at the point of registration. SAVE is in negotiations with the State of Arizona to provide all 15 Arizona counties with access under a single uniform Memorandum of Agreement (MOA) with the state. Colorado Secretary of State. Veri?es voters already on the rolls. Florida - Secretary of State. Veri?es voters already on the rolls. North Carolina State Board of Elections. Veri?es voters already on the rolls. Virginia Board of Elections. Veri?es voters already on the rolls. Georgia Secretary of State. Veri?cation at the point of registration. SAVE is only able to verify information that relates to information found the databases accessed by the system. Accordingly, if an individual with derived citizenship status has not applied for a Certi?cate of Citizenship with USCIS, the agency may not have that individual?s citizenship status in its databases, and SAVE will not be able to con?rm that individual's derived citizenship status. However, many derived citizens have received U.S. passports from the Department of State (DOS). If the DOS has provided USCIS with a record of the passport citizenship adjudication and has updated the individual?s alien ?le. SAVE would be able to ?nd the citizenship record with the individual?s Alien number. DHS-001-6335-001434 Hami Gene James ?Sho ?Home n, Tho mas as: Thomas W: Subject: RE: Follow Up Date: 2017:0304 15:01:40 Priority: Normal Type: Note Please do. Thank you, James! Gene P. Hamilton Senior Counselor to the Secretary U.S. Department of Homeland Security From: McCament, James Sent: Thursday, May 4, 2017 9:52 AM To: Hamilton, Gene {gh?lfm . ,IShort, Tracy <1th(5) If}; Symons, Craig lama) I Homan, Thomas <1le5} I Risch, Carl (bile) Blank, Thomas (bits) Edge, Peter itbil?i IV aher, Joseph Clark, Alaina