IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

FLORIDA DEPARTMENT OF STATE, 500 S. Bronough Street Tallahassee, FL 32399-0250,

Plaintiff,

v.

Civil No. ______________

UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, JANET NAPOLITANO, in her official capacity as Secretary of the United States Department of Homeland Security, and ALEJANDRO MAYORKAS, in his official capacity as Director of the United States Bureau of Citizenship and Immigration Services,

Defendants.

COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF Federal law confers upon Plaintiff, the Florida Department of State (“FDOS”), a statutory
right of access to the Systematic Alien Verification for Entitlements Program System of Records (“SAVE Program”). Despite FDOS’s repeated requests to exercise this statutory right of access to the SAVE Program, Defendants Department of Homeland Security et al. have refused to provide FDOS with the access to which it is entitled.
Defendants’ unwarranted delay and recalcitrance in fulfilling its statutory obligation to provide SAVE Program access has unjustifiably interfered with FDOS’s ability to fulfill its own statutory obligation to protect the integrity of elections and maintain current and accurate voter registration rolls. Immediate access is, therefore, required to ensure that the SAVE Program operates as intended and “assists … state[s] … [in] confirm[ing] immigration status information,
1

to the extent that such disclosure is necessary to enable [them] to make decisions related to … any legal purpose, such as … voter registration.” Notice of Revision and Republication of Privacy Act System of Records, 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011). Accordingly, FDOS, by and through Secretary of State Ken Detzner, seeks a declaratory judgment that Defendants are required by federal law to grant FDOS access to the SAVE Program and injunctive relief compelling Defendants to give FDOS immediate access to the SAVE Program.
I. PARTIES 1. FDOS is an agency of the State of Florida. FDOS is “suffering legal wrong because of agency action” and is “adversely affected or aggrieved by agency action within the meaning” of 8 U.S.C. § 1373(c), which provides that DHS “shall respond to an inquiry by a Federal, State, or local government agency, 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, by providing the requested verification or status information.” FDOS is thus a proper plaintiff under the Administrative Procedure Act, 5 U.S.C. § 702. 2. Ken Detzner, in his official capacity as the Secretary of State of Florida, is Florida’s Chief Elections Officer and the head of the Department of State. Fla. Stat. §§ 20.10(1), 97.012. In his capacity as Secretary of State and Chief Elections Officer, Secretary Detzner has a responsibility under both state and federal laws to ensure that Florida’s voter registration rolls are current and accurate. See Fla. Stat. § 98.075 (providing that FDOS “shall protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records”); Fla. Stat. § 98.093 (requiring FDOS to access information from state and federal officials “[i]n order to identify ineligible registered voters and maintain accurate and current voter registration records in the statewide voter registration system”); 42 U.S.C. §
2

15483(a)(4) (requiring states to “ensure that voter registration records in the State are accurate” and make a “reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters”). Permitting ineligible, non-citizen voters to cast ballots undermines that mission and erodes the justified faith the electorate has in the fairness and reliability of the electoral process.
3. Defendants are the United States Department of Homeland Security, Janet Napolitano, in her official capacity as Secretary of the United States Department of Homeland Security, United States Citizenship and Immigration Services (“USCIS”), and Alejandro Mayorkas, in his official capacity as Director of USCIS, (collectively, “DHS”). Defendant United States Department of Homeland Security is a federal agency headquartered in Washington, D.C., which administers the SAVE Program through USCIS, a federal agency within the United States Department of Homeland Security that is also headquartered in Washington, D.C. Each Defendant is either an agency of the United States or an officer or employee of an agency of the United States and has acted or failed to act in an official capacity and under color of legal authority. 5 U.S.C. § 702. They are thus proper defendants under the Administrative Procedure Act.
II. JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction under 28 U.S.C. § 1331, because this action arises under the Constitution and laws of the United States. This Court has authority to order declaratory relief under 28 U.S.C. §§ 2201 and 2202 because there is a live controversy between Plaintiff and Defendants that includes a dispute over whether Defendants are statutorily obligated to provide FDOS with timely access to the SAVE Program. This Court has authority to issue a Writ of Mandamus under 28 U.S.C. § 1361 because Plaintiff seeks a Writ requiring
3

Defendants to comply with 8 U.S.C. § 1373(c) and the Administrative Procedure Act, 5 U.S.C.

§§ 701-706.

5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(e) and 5 U.S.C. § 703.

III. FACTS

A. Federal Law Requires DHS To Provide State And Local Governments Access To The SAVE Program To Determine Voters’ Immigration Status.
6. In 1986, Congress enacted the Immigration Reform and Control Act, Pub. L. 99-

603, (“IRCA”), requiring the former Immigration and Naturalization Service (“INS”), now

USCIS (a Bureau within the Department of Homeland Security), to establish a system that would

allow for ready verification of the immigration status of non-citizen applicants for, and recipients

of, certain types of federally-funded benefits, and to make the system available to federal, state,

and local benefit-issuing agencies and institutions that administer such benefit programs. INS

fulfilled its statutory obligation through the creation and administration of the SAVE Program, which is now operated by USCIS.1

7. In 1996, Congress enacted the Illegal Immigration Reform and Immigrant

Responsibility Act, Pub. L. 104-208, (“IIRIRA”). Through IIRIRA, Congress mandated that

INS, now USCIS, “shall respond to an inquiry by a Federal, State, or local government agency,

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, by providing the requested

verification or status information.” 8 U.S.C. § 1373(c). Notably, Section 1373(c) does not limit

the number of inquiries that state agencies may make, limit the circumstances under which a

state agency may inquire, nor allow DHS to limit their responses to the inquiring state agencies.

1

The Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (2002), created

the Department of Homeland Security, abolished the INS, and transferred INS functions to the

newly created Department. See 8 U.S.C. § 1551 note; 6 U.S.C. § 291; 6 U.S.C. § 542 note.

4

8. As recently as 2011, DHS recognized that its SAVE Program “include[s] the implementation of Section 642(c) of IIRIRA, which obligates [DHS] to respond to inquiries ‘by a federal, state, or local government agency 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.’” 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011) (quoting 8 U.S.C. § 1373(c)).
9. DHS thus provided notice that, consistent with 8 U.S.C. § 1373(c), DHS would allow Federal, state, and local government agencies to, upon request, “use SAVE for any legal purpose, such as credentials, background investigations, and voter registration.” 76 Fed. Reg. 58525, 58527 (Sept. 21, 2011) (emphasis added). B. The SAVE Program Is Intended To Give State And Local Agencies Quick Access To
Accurate Federal Information In Order To Determine An Individual’s Immigration Status For Any Lawful Purpose, Including Voter Registration. 10. The SAVE Program is a “fee-based intergovernmental initiative designed to help Federal, state, tribal, and local government agencies check immigration status when granting benefits, licenses, and other lawful purposes.” 76 Fed. Reg. 58525, 58526 (Sept. 21, 2011). 11. The SAVE Program uses an online system that checks the immigration status of an individual against millions of DHS database records. The advantages of using the SAVE Program include, among others “verifying immigration status information quickly and efficiently via the online SAVE system [and] retrieving information from more than 100 million records including official immigration status data contained in Department of Homeland Security databases.” Ex. A (“About the SAVE Program”). 12. To verify a person’s immigration status through the SAVE Program, a government agency will enter an individual’s identifying information into the SAVE verification system. The SAVE Program will then check the information against DHS
5

databases. The SAVE Program can verify (1) nonimmigrant status; (2) immigrant status; (3) U.S. citizenship for naturalized citizens; and (4) U.S. citizenship for derived citizens.
13. The SAVE Program provides state and local agencies with the most accurate and up-to-date information regarding immigration status because it queries data from multiple sources—including databases maintained by USCIS, the Bureau of Customs and Border Protection, and the Bureau of Immigration and Customs Enforcement—some of which “are updated in real-time and others that are updated in daily uploads.” Ex. B (“Telecon Recap: Immigration Status Verification for Drivers’ Licenses, Public Benefits, and Social Security Cards: A Conversation with USCIS”).
14. In more than 90% of cases, the SAVE Program will determine the immigration status of an individual within 3 to 5 seconds. Ex. C (“Information for Noncitizens Applying for a Public Benefit”).
15. The purpose of the SAVE Program is to “assist[] Federal, state, Tribal, or local government agencies, or contractors acting on the agency’s behalf and licensing bureaus [in] confirm[ing] immigration status information, to the extent that such disclosure is necessary to enable these agencies to make decisions related to: (1) determining [the] eligibility for a Federal, state, or local public benefit; (2) issuing a license or grant; (3) issuing a government credential; (4) conducting a background investigation; or (5) any other lawful purpose.” 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011).
16. In particular, the SAVE Program may be used “for any legal purpose, such as credentials, background investigations, and voter registration.” 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011).
6

17. An agency may participate in the SAVE Program if “(1) [t]he agency is a federal, state, or local government agency or licensing bureau and (2) the agency provides a public benefit, license, or is otherwise authorized by law to engage in an activity for which the verification of immigration status is appropriate.” Ex. A.
18. As of January 2011, 715 federal, state, and local agencies participated in the SAVE Program, including 42 departments of motor vehicles, 30 federal agencies, 240 state agencies, and 403 local agencies. Ex. D (“USCIS: Executive Summary”). By the end of fiscal year 2011, more than 1,000 government agencies were participating in the SAVE Program, including the Social Security Administration, the U.S. Department of Housing and Urban Development, the Department of Education, health and human services agencies, and 47 Department of Motor Vehicle agencies (DMVs). Ex. E (“DHS’ Progress in 2011: Identify Verification”). Multiple states have mandated the use of SAVE for all public benefit granting agencies in the State. Ex. B C. FDOS Sought Access To The SAVE Program To Fulfill Its Obligation To Protect
The Integrity Of The Electoral Process. 19. Both state and federal law vest FDOS with both the authority and the obligation to protect the integrity of elections by maintaining accurate and up-to-date voter registration rolls. 20. In particular, Section 98.075 of the Florida statutory code gives FDOS and Secretary Detzner the affirmative duty and responsibility to “protect the integrity of the electoral process by ensuring the maintenance of accurate and current voter registration records.” Fla. Stat. § 98.075(1). 21. Similarly, 42 U.S.C. § 15483 requires FDOS “to ensure that voter registration records … are accurate and updated regularly.” 42 U.S.C. § 15483(a)(4).
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22. In mid-2011, the Florida Secretary of State’s office received credible and reliable information from the Florida Department of Highway Safety and Motor Vehicles that noncitizens were registered to vote in Florida.
23. While processing this new information, it became clear that the FDOS, through the state resources available, had only a limited ability to validate a person’s citizenship status.
24. FDOS thus determined that the best means of verifying the citizenship of most current and new voters, and thus to fulfill its statutory obligation to protect the integrity of the electoral process, would be to access the information contained in the SAVE Program. D. DHS Has Refused To Provide FDOS Access To The SAVE Program.
25. On August 1, 2011, FDOS held a telephone call with DHS to discuss access to the SAVE Program. FDOS explained that it sought access to the SAVE Program to determine the eligibility of voters to be registered. FDOS requested access to perform a one-time query of all registered voters, to be followed by daily cross-checks of newly-registered voters.
26. On September 1, 2011, FDOS contacted DHS by email to request access to the SAVE Program. In response to DHS’s request, FDOS identified both the use it would make of the immigration-status information and the legal authority for FDOS’s request for access to the SAVE Program. DHS told FDOS that it would engage its legal counsel to prepare a response to FDOS’s request for access to the SAVE Program.
27. DHS’s review of an agency’s legal authority is a process that ordinarily should take no more than “several weeks depending on the type of agency and the complexity of the legal authorities provided.” Ex. F at 9 (“E-Verify and SAVE Overview”).
28. On September 7, 2011, DHS and FDOS agreed to have a teleconference between September 12 and 14, 2011, to discuss obtaining access to the SAVE Program. The teleconference, originally set for September 13, 2011, was rescheduled at the request of DHS to
8

September 15, and then again to September 21, 2011. See Ex. G (email correspondence between Maria Matthews, Assistant General Counsel to the Florida Department of State, and the Department of Homeland Security).
29. On the morning of September 21, 2011, DHS cancelled a teleconference with FDOS scheduled for that afternoon. DHS stated that it “need[ed] to more fully consider issues relating to voter registration before addressing” FDOS’s request and that DHS would “let [FDOS] know when [it was] ready to reschedule a discussion.” Ex. G.
30. On September 28, 2011, after a week with no response from DHS, FDOS contacted DHS to inquire about when DHS would be ready to discuss FDOS’s request to access the SAVE Program. DHS told FDOS that the issue was under review and that DHS might be ready to discuss the request the following week but that it would contact FDOS when it was ready to discuss the request. Ex. G.
31. On October 14, 2011, after more than two weeks with no response from DHS, FDOS contacted DHS to obtain the status of its request to access the SAVE Program. DHS replied that the issue was still under review. Ex. G.
32. On October 24, 2011, after another ten days with no response from DHS, FDOS contacted DHS to inquire about the status of its request to access the SAVE Program. FDOS informed DHS that the Secretary of State was interested in the progress of FDOS’s request. DHS called FDOS later that day and asked for the information Florida was seeking from the SAVE Program and the State’s legal authority for seeking it. Later that same day, FDOS responded to DHS and explained that it was “interested in establishing a systematic/continual process by which the State of Florida can use the SAVE Program database and any other available federal databases to check the legal status of all currently registered voters on the rolls
9

and/or new applicants before they become registered.” FDOS noted that both federal and state law required the State to conduct maintenance of its voter registration lists on a regular basis to determine if a registered voter remains eligible to be registered and to vote. FDOS also asked DHS a number of questions about the types of information it could receive from DHS. DHS has never provided answers to FDOS’s questions. Later that day, DHS asked a follow-up question regarding the documentation required from individuals seeking to register to vote, which FDOS responded to on the same day. Ex. G.
33. On November 3, 2011, having had another week pass without a response from DHS, FDOS contacted DHS to inquire about the progress of the request to access the SAVE Program. DHS did not respond to FDOS’s inquiry. Ex. G.
34. On December 8, 2011, after more than a month with no response from DHS, FDOS contacted DHS to inquire about the progress of the request to access the SAVE Program. DHS did not respond to FDOS’s inquiry. Ex. G.
35. On January 11, 2012, after more than two months with no response from DHS, FDOS contacted DHS to inquire about the progress of the request to access the SAVE Program. FDOS noted that it had left voicemails with multiple individuals at DHS over a period of weeks but that DHS had not returned any of these calls. FDOS stated that if DHS “need[ed] more information or would like to discuss more, [FDOS] will be happy to do so.” FDOS explained that it was “simply trying to fulfill [its] duties under federal and state law to ensure that the [voting] rolls only consist of eligible and qualified voters.” Ex. G.
36. On or about February 21, 2012, after nearly four months with no meaningful response from DHS, DHS contacted FDOS to ask about what information the State collected on its voter registration forms. On February 21, 2012, FDOS provided DHS with this information
10

as well as a link to the Florida Secretary of State’s website where this information was publicly available. FDOS then reiterated that it “firmly believe[d] based on the law cited previously that government agencies are entitled to get access to information such as legal status in order to comply with the law.” FDOS explained that it needed access to the SAVE Program “to ensure[] that only U.S. citizens are registering and/or voting and that those who have already registered are U.S. citizens.” Ex. G.
37. On February 28, 2012, after a week with no response from DHS, FDOS contacted DHS to inquire about its request to access the SAVE Program. FDOS noted a recent study that found that one out of eight voter registrations in the country is inaccurate and no longer valid, and that FDOS had a strong interest in ensuring the accuracy of its voter registration rolls. DHS did not respond to this inquiry. Ex. G.
38. On March 5, 2012, after almost two weeks with no response from DHS, FDOS contacted DHS to inquire about its request to access the SAVE Program. FDOS explained that its Secretary of State and several county Supervisors of Elections were requesting an update about the request. Ex. G.
39. On March 6, 2012, DHS told FDOS that it needed more information about the types of documentation the State would use to identify citizens. That same day, FDOS responded to the inquiry and addressed the issue. Ex. G.
40. On March 8, 2012, FDOS provided additional guidance to DHS about the types of information it could provide to access the SAVE Program. FDOS stated that it “hope[d] to hear very shortly some final decision soon as to what the [federal government] can provide.” FDOS offered to “hold[] a teleconference including with [its] new secretary of state if [DHS]
11

want[ed] to flesh out the details or get a better understanding of what [Florida] want[ed] and/or what the [federal government’s] position is.” Ex. G.
41. On March 14, 2012, after more than a week with no response from DHS, FDOS contacted DHS and stated that it “would like to set up a teleconference with legal, policy advisor, and tech staff for next week to discuss the status of [its] request.” DHS stated that it would get back to FDOS with a date and time for the call. Ex. G.
42. On March 20, 2012, after almost a week with no response from DHS, FDOS contacted DHS to ask whether it had a date and time for the call. DHS did not respond to this inquiry. Ex. G.
43. On March 26, 2012, after almost two weeks with no response from DHS, FDOS contacted DHS to ask about the status of the request and whether DHS would agree to hold a teleconference to discuss the request. FDOS asked if there was anything else DHS needed from the State. Ex. G.
44. On March 26, 2012, DHS told FDOS that it “regret[ted] the slow progress of this matter,” but that there were “many issues surrounding the use of SAVE in the voter registration forum.” DHS then “assure[d] [Florida] that [DHS] will let [FDOS] know as soon as any substantive conclusions are reached, and we can move forward.” Ex. G.
45. On May 31, 2012, Secretary Detzner sent a letter to Secretary Napolitano underscoring DHS’s failure to provide FDOS with access to the SAVE Program despite FDOS’s nine months of requests and DHS’s statutory obligation to respond to those requests. Ex. H (letter from Ken Detzner, Florida Secretary of State, to Janet Napolitano, Secretary of DHS).
12

46. As of June 11, 2012, DHS has failed to provide FDOS with access to the SAVE Program.
IV. CAUSES OF ACTION A. Count One: Declaratory Judgment 47. Paragraphs 1- 46 are incorporated by reference herein. 48. Under the Declaratory Judgment Act, the court “may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.” 28 U.S.C. § 2201(a). 49. Section 1373(c) of Title 8 of the U.S. Code states that Defendants “shall respond to an inquiry by a Federal, State, or local government agency, 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, by providing the requested verification or status information.” 50. Defendants created the SAVE Program in order to fulfill its “obligat[ion] to respond to inquiries ‘by a federal, state, or local government agency 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.’” 76 Fed. Reg. 58525, 58528 (Sept. 21, 2011) (quoting 8 U.S.C. § 1373(c)). 51. An inquiry from a state agency for access to the SAVE Program in order to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for “voter registration” purposes is an inquiry for a purpose authorized by law. 76 Fed. Reg. 58525, 58527 (Sept. 21, 2011). 52. Because Defendants have received an inquiry from Plaintiff for access to the SAVE Program in order to verify or ascertain the citizenship or immigration status of
13

individuals within its jurisdiction for a purpose authorized by law, Plaintiffs are entitled to a declaration that Defendants must “respond” to the inquiry “by providing the requested verification or status information.” 8 U.S.C. § 1373(c). B. Count Two: Administrative Procedure Act
53. Paragraphs 1-46 are incorporated by reference herein. 54. The Administrative Procedure Act (“APA”) provides for judicial review of federal agency actions. 5 U.S.C. §§ 701-706. Under the APA, a court may hold unlawful and set aside federal agency action—including the “failure to act”—when it is “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right” or is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. §§ 551(13), 701(b)(2), 706(2)(A), (C). 55. Defendants’ failure to provide access to the SAVE Program in response to Plaintiff’s inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law, 8 U.S.C. § 1373(c), exceeded Defendants’ statutory authority, and was arbitrary, capricious, and otherwise contrary to law within the meaning of 5 U.S.C. § 706. 56. Defendants’ failure to provide access to the SAVE Program in accordance with its Notice of Revision and Republication of Privacy Act System of Records, 76 Fed. Reg. 58525 (Sept. 21, 2011), was arbitrary, capricious, and otherwise contrary to law within the meaning of 5 U.S.C. § 706. C. Count Three: Administrative Procedure Act 57. Paragraphs 1-46 are incorporated by reference herein.
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58. Under the APA, a court may “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1). The APA further requires that an agency “proceed to conclude a matter presented to it” within “a reasonable time.” 5 U.S.C. § 555(b).
59. Defendants’ failure to timely provide access to the SAVE Program in response to Plaintiff’s inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law, 8 U.S.C. § 1373(c), amounted to agency action unlawfully withheld within the meaning of 5 U.S.C. § 706.
60. Defendants’ failure to timely provide access to the SAVE Program in response to Plaintiff’s inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law, 8 U.S.C. § 1373(c), amounted to agency action unreasonably delayed within the meaning of 5 U.S.C. § 706.
61. Defendants’ failure to timely provide access to the SAVE Program in response to Plaintiff’s inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law, 8 U.S.C. § 1373(c), amounted to a failure to conclude a matter within “a reasonable time” within the meaning of 5 U.S.C. § 555(b). D. Count Four: Writ of Mandamus
62. Paragraphs 1-46 are incorporated by reference herein. 63. Under the Mandamus Act, the court may “compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361. 64. Defendants owed Plaintiff a clear nondiscretionary duty to provide access to the SAVE Program in response to Plaintiff’s inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law. 8 U.S.C. § 1373(c). As a direct and proximate cause of Defendants’ failure to provide the access,
15

Plaintiff has been irreparably harmed and continues to suffer ongoing irreparable harm. Because Plaintiff has “a clear right to the relief sought,” Defendants have “a clear duty to do the particular act requested by the [Plaintiff],” and “no other adequate remedy is available,” mandamus relief is warranted. See In re First Federal Sav. and Loan Ass’n of Durham, 860 F.2d 135, 138 (4th Cir. 1988) (finding writ of mandamus appropriate to order Secretary of Treasury to pay refund to taxpayer); see also Heckler v. Ringer, 466 U.S. 602, 616 (1984) (holding that “common-law writ of mandamus, as codified in 28 U.S.C. § 1361,” is appropriate where plaintiff “has exhausted all other avenues of relief” and “the defendant owes him a clear nondiscretionary duty.”).
65. A writ of mandamus should issue compelling Defendants to provide Plaintiffs access to the SAVE Program pursuant to 8 U.S.C. § 1373(c).
V. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against the Defendants and award Plaintiff the following relief: a. A declaration, pursuant to 28 U.S.C. § 2201, that Plaintiff is entitled to immediate access to the SAVE Program pursuant to 8 U.S.C. § 1373(c); b. An order, pursuant to 5 U.S.C. § 706, holding unlawful Defendants’ failure to provide Plaintiff access to the SAVE Program in response to its inquiry to verify or ascertain the citizenship or immigration status of individuals within its jurisdiction for a purpose authorized by law, 8 U.S.C. § 1373(c), and compelling Defendants to provide Plaintiff immediate access to the SAVE Program; c. Permanent injunctive relief pursuant to Fed. R. Civ. P. 65 ordering Defendants and their officers, employees and agents to immediately provide Plaintiff access to the SAVE
16

Program; d. e.
equitable.

An award of Plaintiff’s costs and reasonable attorneys’ fees, as appropriate; and An award of any further relief to Plaintiff that this Court deems just, proper, and

Respectfully submitted,

Daniel E. Nordby Ashley E. Davis FLORIDA DEPARTMENT OF STATE R.A. Gray Building 500 S. Bronough Street Tallahassee, FL 32399-0250 Tel: (850) 245-6536 Fax: (850) 245-6127
Dated: June 11, 2012

/s/ William S. Consovoy
William S. Consovoy* (D.C. Bar 493423) Thomas R. McCarthy (D.C. Bar 489651) J. Michael Connolly (D.C. Bar 995815) WILEY REIN LLP 1776 K Street, NW Washington, DC 20006 Tel.: (202) 719-7000 Fax: (202) 719-7049
*Counsel of Record

17

Exhibit A

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e112feb9a2ca8210VgnVCM100000082ca60aRCRD...

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About the SAVE Program

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This section provides an overview of the Systematic Alien Verification for Entitlements (SAVE) Program, along with the advantages to using it and the processes you should be aware of when applying for the SAVE Program.
What is the SAVE Program? The SAVE Program is an inter-governmental initiative designed to aid benefitgranting agencies in determining an applicant’s immigration status, thereby ensuring that only entitled applicants receive federal, state, or local public benefits and licenses. The program is an information service for benefit-granting agencies, institutions, licensing bureaus, and other governmental entities.
What is SAVE’s Mission? The SAVE Program will provide timely customer-focused immigration status information to authorized agencies to assist them in maintaining the integrity of their programs. SAVE will promote the use of automated systems to enhance efficiency, customer service and interagency collaboration, while protecting sensitive information.
What are the eligibility requirements to participate in the SAVE Program? An agency is eligible to participate in the SAVE Program if:
The agency is a federal, state, or local government agency or licensing bureau
AND
The agency provides a public benefit, license, or is otherwise authorized by law to engage in an activity for which the verification of immigration status is appropriate.
What are the advantages of using the SAVE Program? The advantages of using the SAVE Program include:

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Verifying immigration status information quickly and efficiently via the online SAVE system
Retrieving information from more than 100 million records including official immigration status data contained in Department of Homeland Security databases
Receiving training and customer service support tailored to an agency’s needs
Complying with legislative mandates to verify applicants’ immigration status and ensure that only entitled applicants receive federal, state, or local public benefits and licenses
What are the costs of participating in the SAVE Program? SAVE assesses certain transaction charges based upon the type of query. To learn more, visit the SAVE Access Methods and Transaction Charges.
How does an agency apply and register? To learn about the application process, visit the Sign-up for the SAVE Program.

Last updated: 04/19/2011

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Exhibit B

http://www.dhs.gov/files/programs/cisomb-telecon-immigration-status-verification.shtm
Telecon Recap: Immigration Status Verification for Drivers' Licenses, Public Benefits, and Social Security Cards: A Conversation with USCIS
On May 25, 2011, the Citizenship and Immigration Services Ombudsman's Office (Ombudsman's Office) hosted a public teleconference regarding the Systematic Alien Verification for Entitlements (SAVE) Program and interviewed two USCIS officials, Chief of the Office of the SAVE Program, John Roessler, and Deputy Chief, Alissar Rahi.
Mr. Roessler and Ms. Rahi provided a brief overview of the SAVE Program, as summarized below.
Why was the SAVE Program created?
Mr. Roessler explained that SAVE was designed to aid benefit-granting agencies in determining an applicant's immigration status to ensure that only entitled applicants receive certain federal, state, and local public benefits and/or licenses. SAVE does not make determinations on any applicant's eligibility for a specific benefit or license, rather, SAVE verifies immigration status data compiled from different U.S. Department of Homeland Security (DHS) data systems.
How does the SAVE Program work?
Mr. Roessler summarized how the SAVE Program uses an online system to check a benefit applicant's immigration status information against records contained in various DHS databases:
• First Step: SAVE begins verifying the legal status of nonimmigrants, immigrants, and naturalized citizens with an initial verification (results generated in 3–5 seconds).
• Second Step: Additional verification is necessary in some instances where status cannot be verified through the first step. This does not necessarily mean that the applicant is not authorized to be in the United States, or is ineligible to receive the benefit. A second verification query will be automated, but may take up to 3 -5 working days to generate a response.
• Third Step: A third query may be necessary where verification is not confirmed through the first and second steps. The benefit agency submits Form G-845, Document Verification Request (PDF - 2 pages, 101 KB), with copies of an applicant's proof of status documentation to the SAVE Program verifiers for review. This process may take 10-20 work days.
Who uses SAVE?
SAVE provides verification services to over 800 federal, state, and local benefit granting and licensing entities. SAVE customers include the Social Security Administration, U.S. Department of Housing and Urban Development, U.S. Department of Education, and state and local agencies such as the California Department of Motor Vehicles. Certain states have mandated the use of SAVE for all public benefit granting agencies in the state.
What data does USCIS use to determine an individual's immigration status that is reported in SAVE to federal, state, and local agencies?
SAVE verifies applicant data contained in DHS databases from USCIS, Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE).

http://www.dhs.gov/files/programs/cisomb-telecon-immigration-status-verification.shtm
What kind of outreach information and training does USCIS provide to agencies that use SAVE?
Mr. Roessler explained that USCIS engages with the public through webinars, conferences, and informational materials. SAVE hosts an annual user forum for customer agencies to discuss program initiatives and improvements as well as to garner customer feedback.
Mr. Roessler noted that SAVE's primary relationship is with the benefit-granting agencies, but also emphasized how the public can access information on SAVE. Most recently, SAVE provided its customer agencies with an information sheet on How to Correct Your Records in 17 different languages for distribution to benefit applicants.
How quickly is a change of status reflected in the SAVE database?
Mr. Roessler noted that SAVE is not a database because it does not own any of the records upon which it queries for verification of legal status. SAVE uses an online system that queries for data from multiple sources, including those that are updated in real-time and others that are updated in daily uploads. Additionally, Ms. Rahi shared that because SAVE relies on records owned and managed by other DHS components; SAVE has no control over process speed.
How may an individual fix an erroneous record that appears in SAVE?
To correct your immigration record, individuals should contact USCIS by scheduling an InfoPass appointment, either at a local USCIS office or at the InfoPass website, or by calling the National Customer Service Center at 1-800-375-5283.
If the error in an individual's immigration document occurred upon entry to the United States, Mr. Roessler suggested contacting CBP by visiting a localDeferred Inspection Site (PDF -10 pages, 28 KB) or a Port of Entry or Admission to have it corrected.
Who staffs the SAVE Help e-mail and 1-888 line and for what purpose can these be used?
The SAVE Help e-mail and 1-888 line are staffed by the Customer Contact Operations (CCO) in USCIS' Verifications Division and are available to SAVE customer agencies to help them with cases they have submitted. Mr. Roessler emphasized that the SAVE Help email and 1-888 line are not for individual applicants to correct erroneous records.
What is the future of SAVE? What is USCIS doing now and where is the program going?
Mr. Roessler shared that the SAVE Program has experienced increased growth as states have begun mandating its use, and anticipates this growth to continue. With this in mind, the SAVE Program is planning initiatives to improve service to customers and enhance program transparency, including:
1. performing independent evaluations of its program requirements and supporting systems to improve SAVE;
2. enhancing the capabilities for customer benefits agencies such as updating the current profile structure, connecting to additional data sources, and providing a photo tool capability; and
3. expansion of current training and outreach materials.
Where can I go for additional information on SAVE?
More information on the SAVE Program is available on the USCIS SAVE website.
Callers also had the opportunity to ask questions, many of which are included below.
A caller noted inconsistencies in SAVE that negatively impact vulnerable populations. When queried, SAVE is not recognizing newly arrived refugees and asylees because their information is not updated in the databases that feed SAVE in a timely manner. As a result, these

http://www.dhs.gov/files/programs/cisomb-telecon-immigration-status-verification.shtm
vulnerable populations cannot access the time-sensitive benefits to which they are entitled. What is SAVE doing to protect this vulnerable population?
Ms. Rahi answered that SAVE is aware of this problem, but does not control the timeliness with which this information appears in the source databases. She did note that SAVE is working with the components who own the source data to improve connectivity and expand real time updates.
Why are foreign students experiencing problems when they try to apply for benefits at the Social Security Administration and driver's licenses at Departments of Motor Vehicles?
The Student and Exchange Visitor Information System (SEVIS) is a web-based system that tracks and monitor schools and programs, students, exchange visitors, and their dependents while approved to participate in the U.S. education system. SAVE works with SEVIS representatives to address issues that arise for foreign students studying in the United States. Mr. Roessler directed questions or issues with benefits eligibility for foreign students to the SEVIS program.
What type of oversight mechanism does SAVE use?
Ms. Rahi explained that each customer agency has a Memorandum of Understanding (MOU) with SAVE outlining the requirements for use of the SAVE business process, which includes the three steps outlined above. Each customer agency is required to use all three steps, if necessary, to complete the verification process. However, it is the agency's responsibility to initiate the additional verification, at its own expense.
SAVE's Office of Monitoring and Compliance utilizes several functions to determine efficiency and ensure compliance by benefits agencies.
What precautions does SAVE take to prevent fraud and protect privacy?
Customer agencies and SAVE both have a responsibility to implement privacy protections on behalf of benefit applicants. Everypiece of information entered into, or received from, the SAVE system is considered Personally Identifiable Information (PII). All PII in the SAVE system is considered sensitive, unclassified information and must be protected to prevent unauthorized use.
What measures can an individual take to prevent the need for additional verification when applying for a benefit?
Mr. Roessler instructed listeners to have erroneous information corrected in the appropriate immigration database before applying for a benefit or license.
How do I prove my legal status in order to qualify for a driver's license in my state?
Each state has different rules for driver's licenses. SAVE does not make public benefits determinations; SAVE merely verifies legal status based on an inquiry from the benefit granting agency. Look to your state's local Department of Motor Vehicles for information on qualifying for a driver's license.
This page was last reviewed / modified on July 27, 2011.

Exhibit C

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d2feb9a2ca8210VgnVCM100000082ca60aRCRD...

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Information for Noncitizens Applying for a Public Benefit

This page provides useful information to noncitizens regarding how the Systematic Alien Verification for Entitlements (SAVE) Program affects your application for public benefits. For foreign language versions of this page, please visit Multilingual Resources for Benefit Applicants.
If you are a noncitizen or naturalized citizen, a benefit-granting agency may verify your immigration status in the United States using the SAVE Program before granting you a state-issued driver’s license, Social Security card, housing assistance, Medicaid, food stamps, or other public benefit. In order to access your immigration information through SAVE, a Federal, state, and local benefit-granting agency must have the legal authority to verify your immigration status and must enter into an agreement with the SAVE Program. SAVE only provides immigration status information to the agency for the purpose of determining whether you meet their eligibility requirements. It is the responsibility of the agency to follow the SAVE verification process and determine your eligibility for the benefit.
How Your Agency Verifies Your Immigration Status by using SAVE
When you apply for a benefit at a government agency, you may be required to present the agency representative with documents that demonstrate your immigration status such as your Arrival/Departure Record (Form I-94), Permanent Resident Card (Form I-551), Employment Authorization Document (Form I-766) or Foreign Passport and Visa. The agency will enter the information from your immigration document into the SAVE verification system. SAVE will then check your information against records in the Department of Homeland Security (DHS) databases and respond electronically to the agency.
In more than 90% of cases, SAVE responds electronically to the agency with your immigration status within 3-5 seconds and no additional information is needed. However, in a few cases SAVE may request that the agency provide more information from you.
Supplying Additional Information
For cases that do not verify immediately, SAVE may need additional information and a copy of your immigration documents. This request does not necessarily mean that you do not have lawful status in the United States or that you are not eligible for the benefit that you are seeking. It is your responsibility to provide the required current documents and information to the agency to ensure timely and accurate immigration status verification. If you have recently updated your information or your immigration status has recently changed, this update may affect the verification processing time.
Once you provide this additional information to the agency, the agency will initiate an additional verification request through the SAVE system. SAVE will conduct a thorough check of your records and provide an electronic response to the benefitgranting agency within 3–5 Federal working days. In instances where a copy of your immigration document is required to complete the record search, the SAVE electronic response may take up to 20 Federal working days. For additional information on the verification process, please visit the “SAVE Verification Process” page.
If the SAVE Program cannot confirm your immigration status after completion of the verification process, you will be given an opportunity to correct your immigration record and reapply for the benefit and/or appeal the benefit-granting agency’s denial of the benefit.
If you believe that the SAVE Program’s response to the benefit-granting agency did not provide accurate information about your immigration status or you need to make corrections to your immigration record, please see the “How to Correct Your Records” page.

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Exhibit D

Office of Public Engagement

Executive Summary

April 21, 2011

Intergovernmental Affairs Stakeholder Engagement

Background On January 12, 2011, the Office of Public Engagement hosted a quarterly national stakeholder engagement for state, local, tribal, and territorial government partners. The Office of Public Engagement, along with the Office of Citizenship, Verification Division and Service Center Operations Directorate provided updates on United States Citizenship Immigration and Services (USCIS) programs and initiatives that impact state and local government stakeholders.
Principal Themes USCIS Initiative to Combat the Unauthorized Practice of Immigration Law (UPIL) The unauthorized practice of immigration law adversely impacts members of the immigrant community and undermines the integrity of our immigration system. The objectives of the UPIL initiative are to:
• Better inform the public on how to find qualified legal advice and representation when seeking
immigration benefits from USCIS; • Increase the number legal representatives that are recognized by the Board of Immigration
Appeals (BIA) via the BIA’s Recognition & Accreditation Program; and • Provide information on how to report individuals and businesses that engage in the unauthorized
practice of immigration law to federal, state, and local agencies.

From December 2010 through February 2011, USCIS hosted meetings with federal, state, and local government partners and stakeholder engagement sessions in seven pilot cities: New York, Baltimore, Atlanta, Detroit, San Antonio, Fresno and Los Angeles. After the completion of the pilot period, USCIS will seek to expand our efforts to other USCIS districts and will launch a nationwide public education campaign.
New and Revised USCIS Forms and Other Documents In October 2010, USCIS released a redesigned naturalization certificate. The old certificates remain valid. Therefore, state benefit granting agencies may use the old or new certificates as proof of citizenship. More information about the features of the new certificate is available at www.uscis.gov.

In November 2010, coinciding with the implementation of a new fee rule, USCIS released its first-ever fee waiver form. Applicants can use this standard form to request waivers on USCIS fees.

In December 2010, USCIS released a revised Form N-648, Medical Certification for Disability Exceptions. This form assists individuals with disabilities who are seeking exceptions from the English

1

and civics requirements for naturalization. The revisions are intended to clarify the requirements and standardize the adjudication process for Form N-648.
New USCIS Mailbox for State and Local Government Stakeholders USCIS is pleased to announce a new mailbox solely for inquiries from state, local, tribal and territorial government stakeholders: USCIS-IGAOutreach@dhs.gov. Please feel free to email the IGA team at USCIS headquarters or your local community relations officer with any questions or concerns you may have.
T/U/VAWA Updates In support of the Department of Homeland Security (DHS) Blue Campaign, USCIS will offer in-person and webinar training for state and local governments, law enforcement and community-based organizations on the immigration options available to victims of trafficking, domestic violence and other crimes, and the role of law enforcement in the visa application process.
If your organization or agency is interested in receiving training on the relief options for victims of human trafficking and others crimes, please send a request to T-U-VAWATraining@dhs.gov.
Systematic Alien Verification for Entitlements (SAVE) Program The Systematic Alien Verification Entitlements (SAVE) Program is an inter-governmental initiative designed to aid benefit-granting agencies in determining an applicant’s immigration status, and thereby ensure that only entitled applicants receive federal, state, or local public benefits and licenses. The SAVE online system verifies a benefit applicant’s immigration status against multiple databases based on the document presented to the benefit-granting agency during the application process.
As of January 2011, 715 federal, state, and local agencies participate in the SAVE Program. These include 42 departments of motor vehicles, 30 federal agencies, 240 state agencies, and 403 local agencies. SAVE processed over 11.7 million queries in FY2010 and, as of January 2011, had processed over 2.9 million queries in FY2011.
The SAVE Program uses an online system to check a benefit applicant’s immigration status information against records contained in the DHS databases. The first step in the process in initial verification, returns results in three to five seconds. If an applicant’s status is not verified on initial verification, the agency should institute additional verification, which may be automated (3-5 federal work days) or paper-based (10-20 federal work days). Throughout FY2010, more than 94% of cases that resolved with an immigration status did so without requiring additional verification.
If the SAVE Program cannot confirm a benefit applicant’s immigration status after completing of the verification process, the individual may need to make corrections to his or her immigration record. More information is available at www.uscis.gov/save on the “How to Correct your Records” page. Individuals needing to correct their records may also schedule an appointment for an in-person interview at a local USCIS office at the InfoPass Web site, http://infopass.uscis.gov, or by calling the National Customer Service Center at (800) 375-5283.
The SAVE Program have several training tools available for customers, including:
• Translated documents for benefit applicants; • Web-3 FAQs with the answers to customer agencies’ frequently asked questions; • Fact Sheet for SAVE customer agencies processing TPS beneficiaries and;
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• New “train the trainer” course providing an in-depth overview of the SAVE Program, information on setting up an agency with the online SAVE system, instructions for running a SAVE query, descriptions of common responses, and privacy responsibilities.
To request a free monthly webinar or customized training, please visit www.uscis.gov/save.
The SAVE Program also provides case status support, additional training opportunities, and technical support. For additional information, please visit www.uscis.gov/save, e-mail the SAVE Help Box (SAVE.help@dhs.gov), or call (888) 464-4218.
E-Verify Updates E-Verify is an online system that allows employers to verify the work authorization of their employees after an offer of employment has been made and accepted. There are currently 830,000 worksites using E-Verify. In January 2011, USCIS published a new Handbook for Employers (M-274), which provides instructions on completing Form I-9, Employment Eligibility Verification. The handbook is available on the E-Verify website, www.dhs.gov/e-verify. In October 2010, the E-Verify system was enhanced to include verification of passport data. Currently, E-Verify allows for verification of photographs from permanent resident (green) cards, employment authorization documents, and passports. To request outreach, training and permission to use the E-Verify logo, state and local governments may contact the E-Verify Outreach Branch at e-verifyoutreach@dhs.gov. All general inquiries may be directed to everify@dhs.gov or (888) 464-4218.
Office of Citizenship Updates The FY2011 Citizenship and Integration Grant Program will offer funding for two direct services and one national capacity building program. One direct service grant will provide funding for citizenship instruction only; the other will provide funding for citizenship instruction and naturalization preparation, including legal services. The national capacity building grant will fund national, regional, and statewide organizations that provide technical assistance for organizations developing new programs. The FY11 grant program totals 8 million dollars with 50 awards and closed on April 1, 2011. State and local governments can apply for any of the grants, but must be directly providing services or have the branch office structure required for the national capacity building grants. The USCIS Citizenship Resource Center includes citizenship preparation resources, videos, information for CBOs and applicants and can be found at www.uscis.gov/citizenship.
Temporary Protected Status The Secretary of Homeland Security may designate a foreign state (or any part of a foreign state) for Temporary Protected Status (TPS) if certain conditions are met that would prevent nationals of that state who are present in the U.S. from returning safely to that foreign state. This includes a threat to personal safety due to ongoing armed conflict, extraordinary and temporary conditions, or a substantial (but temporary) disruption of living conditions in the country due to an environmental disaster. Designations of TPS are initially made for periods of 6 to 18 months and may be extended depending on conditions in the country.
When an individual applies for TPS for the first time, it is called an initial registration. In some cases, a country’s TPS designation is extended. When this occurs, TPS beneficiaries from that country must reregister with USCIS to maintain TPS.
3

TPS beneficiaries are authorized to work while they hold TPS and may obtain an Employment Authorization Document (EAD) from USCIS for purposes of employment or continued employment. Some state and local public benefits may also be available to TPS beneficiaries, as determined by the particular state or local government.
USCIS issues I-797 receipt notices for Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, once the TPS application has been accepted for processing. However, USCIS does not always issue an I-797 approval notice when an I-821 or an I-765 application is approved. Applicants filing for initial registration will always receive an approval notice for Form I-821. If approved, applicants filing for re-registration will receive either an I-797 approval notice, or if they have requested an EAD, the EAD will be delivered as evidence of the TPS re-registration approval. When Form I-765 is approved, the applicant does not receive an approval notice, but will receive his or her EAD.
For Haiti, USCIS is currently sending out an I-797 approval notice for every Form I-821 approval. This is because all individuals filing Form I-821 are seeking initial registration.
Honduras, Nicaragua, El Salvador, Somalia, and Sudan are different from Haiti because they are in extension periods. Please see the chart below for information on when USCIS sends approval notices.

If
The applicant submits Form I-821 for a late initial registration The applicant submits Form I-821 for a reregistration and does not apply for an employment authorization document (EAD) The applicant submits Form I-821 and does apply for an EAD

Then
The applicant will receive an approval notice for Form I-821 The applicant will receive an approval notice for Form I-821
The applicant will not receive an approval notice for Form I-821. Instead, the applicant will receive a mailer that informs the applicant that the I-765 was approved and the EAD is being produced and mailed. The mailer further goes on to state that the EAD is proof that TPS re-registration has been approved by USCIS. Furthermore, the EAD is considered proof of TPS re-registration approval.

In some cases, USCIS automatically extends the validity of EADS for TPS beneficiaries because USCIS is unable to process the re-registration applications and issue new EADs before the original EADs expire. Unless TPS has been denied or withdrawn, TPS beneficiaries will continue to have work authorization during the automatic extension period. For employment purposes, if the EAD has been automatically extended pursuant to a Federal Register notice and if the document appears genuine, the expired but automatically extended EAD is sufficient to prove TPS status.
State and local government agencies can contact SAVE or the Office of Public Engagement (OPE) at USCIS-IGAOutreach@dhs.gov for further assistance or questions. SAVE and OPE will in turn contact the TPS Program when necessary.

4

For more information and assistance, employers may contact the Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practice at (800) 255-8155 or the USCIS TPS hotline at (202) 272-1533. Employers enrolled with E-Verify may also contact the E-Verify hotline at (888) 464-4218.
5

Exhibit E

http://www.dhs.gov/xabout/2011-dhs-accomplishments-identity-verification.shtm
DHS' Progress in 2011: Identity Verification
• U.S. Citizenship and Immigration Services (USCIS) processed more than 17 million E-Verify queries in FY 2011. E-Verify continues to grow rapidly with more than 294,000 employers representing more than 960,000 hiring sites enrolled in the program and an average of more than 1,000 new employers enrolling weekly. USCIS also strengthened the efficiency, accuracy and integrity of E-Verify in FY 2011 by: • Implementing customer focused system enhancements, including improved navigational tools to increase ease-of-use and a streamlined enrollment process to save time. • Launching the Records and Information from DMVs for E-Verify (RIDE) Program in Mississippi to further increase the accuracy of E-Verify and assist in preventing identity theft. RIDE allows E-Verify to confirm the validity and authenticity of Mississippi driver’s licenses. • Issuing more than 39,000 compliance assistance actions (telephone calls, letters and emails) in response to potential system misuse.
• USCIS processed more than 12 million immigration status verification queries submitted by federal, state and local government agencies through its Systematic Alien Verification for Entitlements (SAVE) Program. More than 1,000 government agencies currently participate in the SAVE Program, including the Social Security Administration, the U.S. Department of Housing and Urban Development, health and human services agencies and 47 Department of Motor Vehicle agencies (DMVs). In FY 2011, USCIS further increased the ability of DMVs to effectively and efficiently verify the lawful status of applicants by developing new capabilities, such as a photo matching tool, verification of U.S. Passport information and web-based access to SAVE for DMVs in U.S. territories.
• USCIS announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new security features in order to deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication.
• DHS and USCIS launched E-Verify Self Check—a voluntary, free, fast and secure online service that allows individuals in the U.S. to check their employment eligibility status before formally seeking employment. E-Verify Self Check is now available in 21 states and the District of Columbia and is available in Spanish.
Learn More
Highlighting the Department's Progress in 2011
This page was last reviewed / modified on December 21, 2011.

Exhibit F

E-Verify and SAVE Overview

Washington, D.C.

May 19, 2010

Verification Division
Vision
As the trusted source for reliable, credible, and easy-to-use information, we deliver employment and immigration status verification with innovation and unparalleled customer service.
Mission
To enhance the integrity of our nation’s legal immigration system by providing information resources and services that:
 enable government agencies to verify benefit-seeking applicants’ immigration statuses
 allow employers to verify that their new employees are U.S. work-authorized

E-Verify and SAVE Overview

May 19, 2010

2

Verification Division Programs
E-Verify
Provides electronic employment authorization of newly-hired employees to participating employers. Information is inputted directly from the Form I-9 into the EVerify system.
Systematic Alien Verification for Entitlements (SAVE) Program
Provides electronic immigration status verification information to federal, state, and local benefit-issuing agencies.

*The Verification Information System (VIS) is the underlying technical system supporting both SAVE and E-Verify

E-Verify and SAVE Overview

May 19, 2010

3

SAVE Program

E-Verify and SAVE Overview

May 19, 2010

4

SAVE
 Allows benefit-granting agencies to determine an applicant’s immigration status  Helps to ensure that only entitled applicants receive federal, state, or local public benefits and
licenses  Services benefit-issuing agencies, institutions, licensing bureaus, and other governmental entities  The SAVE Program verifies:
 Non-immigrant status  Immigrant status  U.S. Citizenship for naturalized and derived citizen status Goals  Provide customers with a secure, dependable means of accurately and efficiently verifying immigration status  Enable participants to easily verify immigration status and subsequently determine benefit eligibility
NOTE: The SAVE Program does not make determinations on any applicant's eligibility for a specific benefit or license.

E-Verify and SAVE Overview

May 19, 2010

5

Legislation Governing the use of SAVE
 Immigration Reform and Control Act (IRCA) of 1986—Required that a system to verify immigration status of applicants applying for certain types of federally-funded benefits be created and made available to federal, state, and local benefit-issuing agencies. The law, as amended, mandates that certain federal programs verify an applicant’s immigration status.

 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996—Restricts immigration status eligibility for certain programs funded by federal, state, and local government.

 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996—Requires the U.S. Citizenship and Immigration Services (USCIS) [formerly INS] to respond to inquiries by federal, state, and local benefit-issuing agencies seeking to verify citizenship or immigration status of an individual for any lawful purpose.

 REAL ID Act of 2005—Establishes certain minimum standards for issuing driver’s licenses and state identification cards, and requires states to verify the lawful status of applicants by using the SAVE Program.

E-Verify and SAVE Overview

May 19, 2010

6

SAVE Program Participants
 Examples of Agencies and benefits they administer  Social Security Administration (SSA) – Enumeration and Supplemental Security Income  Department of Health and Human Services (HHS) – Medicaid and Food Stamps  Office of Personnel Management (OPM) - Background Investigations  Department of Motor Vehicles (DMVs) - Driver’s Licenses/Identification Cards  State and Local Agencies – e.g. Professional Occupational Licenses
 As of May 7, 2010, the number of agencies participating in the SAVE Program: 487  Department of Motor Vehicles (DMV)—37  Federal Agencies—28  State Agencies—203  Local Agencies—219

E-Verify and SAVE Overview

May 19, 2010

7

How does SAVE work?
 The SAVE Program offers two methods, electronic and paper, for accessing information to verify an applicant’s status when requesting public benefits.
 The SAVE Program uses an online system that checks a benefit applicant’s immigration status information against millions of Department of Homeland Security database records.
 Agencies that do not have access to an automated system may submit a paper verification request by using Form G-845, Document Verification Request.

E-Verify and SAVE Overview

May 19, 2010

8

SAVE Program Registration Process
The registration process for the program is a three-step process for new agencies
 STEP 1: Apply for SAVE Program  Agency requests to register via the online SAVE system (accessed via www.uscis.gov/SAVE )  If the agency meets the initial eligibility criteria, SAVE will contact the POC requesting the agency’s legal authorization to participate in SAVE  A SAVE policy team member, in coordination with the Office of Chief Counsel, reviews the authorities for legal sufficiency. (This step may take several weeks depending on the type of agency and the complexity of the legal authorities provided.)
 STEP 2: Review and Sign Agreements  SAVE and the agency must sign a Memorandum of Agreement and an Anticipated Collections Addendum  Memorandum of Agreement defines the responsibilities for payment and use of the program  Anticipated Collections Addendum establishes the agency’s financial obligation  Agency Returns Signed MOA and Anticipated Collections Document
 STEP 3: SAVE Access Granted  SAVE sets up agency in the online system  SAVE sends agency a copy of the registration documents and system user ID and password

E-Verify and SAVE Overview

May 19, 2010

9

The Verification Process

Step

Description

System Response

General Response Time

Initial Verification

Agency submits query electronically based upon information provided by the applicant.
System response provides applicant’s immigration status or prompts agency to “Institute Additional Verification”.

Electronic

3-5 seconds

2nd step/ Additional Verification

Agency provides additional information on the applicant and submits electronically.
System response provides applicant’s immigration status or prompts agency to “Resubmit with Docs”.

Electronic

3-5 federal working days

3rd Step Verification

Agency submits electronic request which generates a pre-populated Form G-845, Document Verification Request.
Agency prints Form G-845 and mails it with photocopies of the applicant’s immigration documents to the designated Status Verification Office.

Electronic

10-20 federal working days

E-Verify and SAVE Overview

May 19, 2010

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Electronic Verifications

SAVE Electronic Verifications: as of 05/10/2010

Initial

Additional

FY ‘09

10,909,054

1,025,862

FY ’10 to date

6,041,453

585,273

Third 79,598 75,971

Total 12,014,514 6,929,456

 Over 90% of queries that are resolved as lawful status resolve during the initial verification  97% of automated additional verification requests are resolved within 3 business days
Transaction Charges:  Agencies that access the SAVE Program are charged $0.50 per transaction  Paper-based Requests on Form G-845 (Document Verification Request) are $2.00

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Accomplishments
FY 2009
 Exceeded the SAVE Program revenue goal from customer agency usage by 14.5%  Increased the SAVE Program growth rate by 25% with enrollment reaching over 300 agencies  Piloted with AAMVA to process driver’s license data
- Indiana has successfully used AAMVAnet since June 2009

FY 2010
 Developed high-level requirements for registration reengineering and implemented streamlined registration process for Georgia Municipal Association
 Developed interactive customer training and reference materials  Developed SAVE informational video currently available on website  Improved SAVE website content with program information, additional registration guidance, training
opportunities, and more user-friendly navigation  Nevada successfully became the second AAMVA pilot state in January 2010

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Customer Service and Training Options

Customer Contact Options:
USCIS Information Services: (888) 464-4218
Technical Assistance: (800) 741-5023
SAVE WEBSITE: www.uscis.gov/save
USCIS WEBSITE:
www.uscis.gov

Customer Training Options:
 On-line Tutorials  On-Site Training  Webinar Training  User Guides  Reference Materials

SAVE E-Mail: SAVE.help@dhs.gov

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E-Verify Program

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E-Verify
 Mandated by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
 Partnership between the Department of Homeland Security (DHS), Social Security Administration (SSA) and Department of State (DOS)
 Provides a means for participating employers to verify the employment eligibility status of newly-hired employees
Goals  Reduce unauthorized employment  Minimize verification-related discrimination  Be quick and non-burdensome to employers  Protect civil liberties and employee privacy

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E-Verify: How it Works
 Users submit information provided on the Form I-9
 System queries databases of: Social Security Administration Department of Homeland Security Department of State

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E-Verify: How it Works (continued)
 Initial verification will return one of three results within seconds: Employment Authorized  The employee is authorized to work SSA Tentative Nonconfirmation  There is an information mismatch with SSA DHS Verification in Process  DHS will usually respond within 24 hours with either an Employment Authorized or DHS Tentative Nonconfirmation

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E-Verify: Case Resolution
 If Employment Authorized, the employer records the system-generated verification number on the Form I-9.
 If Tentative Nonconfirmation, the employee can contest the finding and resolve the discrepancy with the appropriate agency.
 If the employee chooses not to contest, it is considered a Final Nonconfirmation and the employer may terminate the employee and resolve the case.

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E-Verify: TNC Case Resolution
 Employee continues to work while the case is being resolved  Once the employee resolves the discrepancy in his or her records, they should inform
the employer.  With both a SSA TNC and a DHS TNC, a response is electronically sent to the
employer through the system. The employer should check E-Verify periodically for the response.  The employer will receive one of four results:
 Employment Authorized  Review and Update Employee Data  Final Nonconfirmation  DHS No Show  The employer then resolves the case in E-Verify.

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E-Verify: Photo Screening Tool
 The E-Verify photo tool enables employers to match the photo on an employee’s Employment Authorization Document (EAD) or Permanent Resident Card (“green card”) to the photo that USCIS has on file for that employee.
 Assist employers to detect instances of document fraud  Photo tool was incorporated into E-Verify for all employers in September 2007

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Employer Responsibilities
 E-Verify must ONLY be used to verify NEW hires, and must be initiated after the employee accepts the position (hire date) and within 3 days of the employee’s actual start date unless you are a Federal Contractor with FAR E-Verify Clause  Federal Contractors with the FAR E-Verify Clause my choose to verify their entire existing workforce, initiating verification within 180 calendar days.
 E-Verify procedures must be applied to ALL new hires, regardless of citizenship status
 Employer must display the E-Verify Poster in an area visible to prospective employees to show that it is an E-Verify Participant (English and Spanish Versions)
 Employer must display an Anti-Discrimination Poster issued by the Office of Special Counsel for Immigration – Related Unfair Employment Practices, Department of Justice (DOJ) in an area visible to prospective employees (English and Spanish Versions)

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E-Verify and DOJ-OSC Posters

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E-Verify Growth
Statistics  Over 200,000 participating employers  So far in FY2010, there have been over 8.8 million queries run  Nearly 3 million queries run in FY 2007; just over 6.6 million in FY 2008; more than 8.7
million in FY09

 Top Industries Using E-Verify  Professional, Scientific, and Technical Services  Administrative and Support Services  Food Services and Drinking Places  Specialty Trade Contractors

 Federal Contractors Total Currently Enrolled  28,047 currently enrolled  16,703 with FAR clause  11,344 without FAR clause

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E-Verify: It Works!
 96.9% of all queries run through the E-Verify program are verified automatically with no further action required by the employer or the employee
 The remaining 3.1% of employees receive TNCs that need to be resolved through SSA  Of this 3.1%, 2.8% eventually receive a Final Nonconformation (FNC) and are consequently not verified as authorized to work through the program  .3% of these TNCs eventually result in an employment authorization

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Accomplishments
FY 2009  Monitoring and Compliance Program: Launched a Compliance Tracking and Management System
(CTMS) which sent 1020 non-compliance letters to employers in FY09  Added U.S. passport data, which has reduced mismatches for naturalized and derivative citizens  Implemented the Federal Contractor Rule: As of September 8th, 2009, Federal contracts containing the
FAR E-Verify Clause must use E-Verify as a condition of its contract FY 2010  Launched Employee Rights Initiative
 Memorandum of Agreement with DOJ Office of Special Counsel which establishes the relationship and process for referrals between agencies regarding discrimination, employer misuse, abuse or fraudulent use of E-Verify.
 Employee Hotline: a toll-free telephone number dedicated to employee inquiries, issues and complaints.
 Collaborated with the Office of Civil Rights and Civil Liberties on the creation of informational videos that provide guidance to employers and employees about the E-Verify program.

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Accomplishments (continued)
FY 2010  Opened the Buffalo Verification Operations Center (BVOC) in Buffalo, NY which focuses on
monitoring and compliance efforts and secondary verifications for the E-Verify and SAVE programs in November 2009  Extended Photo Tool to all Designated Agents in December 2009  As part of Monitoring & Compliance efforts and have conducted over 9,000 compliance activities in FY10  In FY10, M&C provided detection reports that monitors the following compliance behaviors:
 Multiple Use of SSNs  Fails to Use E-Verify  Terminates an Employee who Receives a TNC  Fails to Perform Verification Within 3 Business Days of Hire  Verifies Existing Employees  Verifies Hires Prior to 1986 (Federal Contractor Rule)

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For More Information…
 USCIS Website  http://www.uscis.gov
 E-Verify Website  http://www.uscis.gov/e-verify
 Customer Support  Monday - Friday 8am - 5pm EST  Telephone: 1-888-464-4218  Email: e-verify@dhs.gov
 Employee Hotline  Monday - Friday 8am - 5pm EST  Telephone: 1-888-897-7781
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Disclaimer
 Immigration law can be complex and it is impossible to describe every aspect of the process
 This presentation provides basic information to help you become generally familiar with the rules and procedures. For more information, or the law and regulations please see our website: www.dhs.gov/E-Verify

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Exhibit G

Exhibit H

 
 Case: 1:12-cv-960 As of: 01/17/2013 12:10 PM EST 1 of 3
CLOSED,TYPE−C
U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:12−cv−00960−JDB

FLORIDA DEPARTMENT OF STATE v. HOMELAND SECURITY et al Assigned to: Judge John D. Bates Cause: 05:0706 Judicial Review of Agency Actions
Plaintiff

Date Filed: 06/11/2012 Date Terminated: 09/03/2012 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

FLORIDA DEPARTMENT OF STATE

represented by John Michael Connolly WILEY REIN LLP 1776 K Street, NW Washington, DC 20006 (202) 719−7374 Email: mconnolly@wileyrein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas R. McCarthy WILEY REIN, LLP 1776 K Street, NW Washington, DC 20006 (202) 719−7000 x7476 Email: tmccarthy@wileyrein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

William S. Consovoy WILEY REIN LLP 1776 K Street NW Washington, DC 20006 (202) 719−7434 Email: wconsovoy@wileyrein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant HOMELAND SECURITY
Defendant BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES

represented by Bryan Russell Diederich U.S. DEPARTMENT OF JUSTICE Federal Programs Branch P.O. Box 883 Room 7330 Washington, DC 20530 (202) 305−0198 Fax: (202) 616−8470 Email: bryan.diederich@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bryan Russell Diederich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:12-cv-960 As of: 01/17/2013 12:10 PM EST 2 of 3

Defendant
JANET A. NAPOLITANO in her official capacity as Secretary of the United States Department of Homeland Security

represented by Bryan Russell Diederich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
ALEJANDRO MAYORKAS in his official capacity as Director of the United States Bureau of Citizenship and Immigration Services

represented by Bryan Russell Diederich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/11/2012
06/11/2012 06/12/2012 06/12/2012 06/12/2012 06/25/2012 06/25/2012 06/25/2012
07/03/2012 08/08/2012 08/08/2012
08/22/2012

# Docket Text
1 COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0090−2965843) filed by FLORIDA DEPARTMENT OF STATE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Summons)(Consovoy, William) (Entered: 06/11/2012)
Case Assigned to Judge John D. Bates. (mmh) (Entered: 06/12/2012)
2 ELECTRONIC SUMMONS (6) Issued as to BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Consent Notice)(mmh, ) (Entered: 06/12/2012)
3 NOTICE of Appearance by Thomas R. McCarthy on behalf of FLORIDA DEPARTMENT OF STATE (McCarthy, Thomas) (Entered: 06/12/2012)
4 NOTICE of Appearance by John Michael Connolly on behalf of FLORIDA DEPARTMENT OF STATE (Connolly, John) (Entered: 06/12/2012)
5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/12/2012. (Consovoy, William) (Entered: 06/25/2012)
6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2012. Answer due for ALL FEDERAL DEFENDANTS by 8/11/2012. (Consovoy, William) (Entered: 06/25/2012)
7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES served on 6/12/2012; HOMELAND SECURITY served on 6/12/2012; ALEJANDRO MAYORKAS served on 6/12/2012; JANET NAPOLITANO served on 6/12/2012 (Consovoy, William) (Entered: 06/25/2012)
8 NOTICE of Appearance by Bryan Russell Diederich on behalf of All Defendants (Diederich, Bryan) (Entered: 07/03/2012)
9 Unopposed MOTION for Extension of Time to File Answer by BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO (Attachments: # 1 Text of Proposed Order)(Diederich, Bryan) (Entered: 08/08/2012)
10 MINUTE ORDER: Upon consideration of 9 defendants unopposed motion for extension of time to file an answer or otherwise respond to complaint, and the entire record herein, it is hereby ORDERED that defendants motion is GRANTED; and it is further ORDERED that defendants shall file their answer by not later than August 22, 2012. SO ORDERED. Signed by Judge John D. Bates on 8/8/2012.(lcjdb2) (Entered: 08/08/2012)
11 Consent MOTION for Extension of Time to File Answer by BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, HOMELAND SECURITY, ALEJANDRO MAYORKAS, JANET NAPOLITANO (Attachments: # 1 Text of

Case: 1:12-cv-960 As of: 01/17/2013 12:10 PM EST 3 of 3

08/22/2012
08/22/2012 08/31/2012

Proposed Order)(Diederich, Bryan) (Entered: 08/22/2012)
MINUTE ORDER: Upon consideration of 11 defendants' consent motion for extension of time to answer or otherwise respond to plaintiff's complaint, and the entire record herein, it is hereby ORDERED that defendants' motion is GRANTED; and it is further ORDERED that defendants shall answer or otherwise respond to plaintiff's complaint by not later than September 4, 2012. SO ORDERED. Signed by Judge John D. Bates on 08/22/2012. (lcjdb2) (Entered: 08/22/2012)
Set/Reset Deadlines: Federal Defendants' Answer or otherwise Response to the Complaint is now due by 9/4/2012. (jth) (Entered: 08/22/2012)
12 NOTICE of Voluntary Dismissal by FLORIDA DEPARTMENT OF STATE (Consovoy, William) (Entered: 08/31/2012)