[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Notices]
[Pages 51147-51149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25786]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1864-97]


Pilot Programs To Deny Driver's Licenses and Identification Cards 
to Aliens Who Are Not Lawfully Present in the United States

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice prescribing guidelines under which states may conduct 
pilot programs to deny driver's licenses and identification cards to 
aliens who are not lawfully present in the United States and inviting 
states to contact the Immigration and Naturalization Service (Service) 
to express interest in participating in such a pilot program.

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SUMMARY: The Commissioner of the Service invites each state to contact 
the Service if it is interested in participating in a pilot program to 
deny driver's licenses and identification cards to aliens who are not 
lawfully present in the United States. Guidelines are prescribed for 
the pilot programs. This notice and pilot programs are required by 
section 502 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009 (IIRIRA).

DATES: Written responses must be submitted on or before October 30, 
1997.

ADDRESSES: Please submit your response in triplicate to: John E. Nahan, 
Immigration and Naturalization Service, 425 I Street, NW., ULLICO 
Building, 4th Floor, Washington, DC 20536, Attention: SAVE Program.

FOR FURTHER INFORMATION CONTACT:
John E. Nahan, Immigration and Naturalization Service, 425 I Street, 
NW., ULLICO Building, 4th Floor, Washington, DC 20536, telephone (202) 
514-2317.

[[Page 51148]]

SUPPLEMENTARY INFORMATION: 

Background and Statutory Authority

    Pursuant to the authority contained in section 502 of IIRIRA, all 
states may conduct pilot programs, pursuant to guidelines prescribed by 
the Attorney General, to deny driver's licenses and identification 
cards to aliens who are not lawfully present in the United States. For 
the purpose of these pilot programs, the Service is using the 
definition of ``an alien who is lawfully present in the United States'' 
provided by 8 CFR 103.12(a) for the purposes of applying for Title II 
Social Security benefits. An alien who is ``not lawfully present in the 
United States'' is any alien not included in section 103.12(a). This 
definition is subject to change based upon any definition of lawful 
presence for the purpose of determining eligibility for public benefits 
and services that may be made in the future by the Attorney General. 
The Service construes section 502's reference to ``driver's licenses'' 
also to include identification cards issued by a state in a similar 
manner as driver's licenses, but that do not confer driving privileges. 
The Service is using the definition of ``state'' provided by section 
101(a)(36) of the Immigration and Nationality Act, 8 U.S.C. 
1101(a)(36), as including the District of Columbia, Puerto Rico, Guam, 
and the Virgin Islands of the United States in addition to the 50 
states.

Purpose

    The purpose of these pilot programs is to determine the viability, 
advisability, and cost-effectiveness of states' denying driver's 
licenses and identification cards to aliens who are not lawfully 
present in the United States.

Guidelines

    The Service prescribes the following guidelines applicable to pilot 
programs under authority of section 502 of IIRIRA:
    <bullet> The pilot program must provide for the denial of driver's 
licenses and identification cards to applicants who are not lawfully 
present in the United States, as defined by the Attorney General at 8 
CFR 103.12.
    <bullet> The pilot program must require the accurate verification 
of whether a driver's license or identification care applicant is 
lawfully present in the United States, as defined by the Attorney 
General at 8 CFR 103.12.
    <bullet> The pilot program must not violate Federal law by 
resulting in illegal discrimination on the basis of race, national 
origin, gender, religion, age, or disability, or in any other way 
violate the Constitution and laws of the United States.
    <bullet> The pilot program must not violate any provision of state 
law in the state in which it operates.
    <bullet> The pilot program must be designed to result in a 
determination of the viability, advisability, and cost-effectiveness of 
the state's denying driver's licenses and identification cards to 
aliens who are not lawfully present in the United States, as defined by 
the Attorney General.

Eligibility for Participation

    Any state may participate in a pilot program under section 502 of 
IIRIRA provided it meets the guidelines stated above.

Project Restrictions

    The Service may deny or limit state participation in the pilot 
program depending upon available resources.

Description of Section 502 Pilot Programs

    The purposes of this notice are to provide the basic guidelines 
applicable to all pilot programs conducted under section 502 of IIRIRA, 
and to invite initial statements of interest from states. Further 
details of each pilot program will be determined on the basis of the 
specific needs, desires, and abilities of each state and the Service, 
and will be memorialized in a Memorandum of Understanding between the 
state and the Service, setting forth the terms and conditions of the 
pilot program. All pilot programs must comply with the basic 
guidelines, but the details, duration, and scope of pilot programs may 
differ among participating states. The Service plans to be flexible in 
working with states to formulate pilot programs that best meet their 
needs, and is open to new proposals and ideas from the states. Detailed 
below is one example of a section 502 pilot program approach that 
appears promising to the Service, but is not meant to be exclusive:
    Applicants for driver's licenses or identity cards will state on 
the application under penalty of perjury whether they are citizens, 
non-citizens, or nationals of the United States, and will present 
documentary evidence of their identity and citizenship or immigration 
status to the state. Applicants who are not citizens or nationals of 
the United States must present alien registration documentation or 
other proof of immigration registration from the Service that includes 
the individual's alien registration number or alien admission number. 
The Service will make available and maintain an immigration status 
records system which provides information on aliens' immigration 
status. The system is known as the Alien Status Verification Index 
(ASVI) (Justice/INS 009). The ASVI data base contains information on 
approximately 60 million immigrant and nonimmigrant aliens and is 
updated on a daily basis. The ASVI data base was originally designed as 
an information service for agencies and institutions issuing 
entitlement benefits, and is used by the Systematic Alien Verification 
for Entitlements (SAVE) and Employment Verification Pilot (EVP) 
programs.
    The states will have access to the information contained in the 
ASVI data base via a personal computer with a modem. To perform a 
primary query of ASVI, the user inputs the alien's identification 
number (registration number or admission number) and other limited 
information. When the user accesses the ASVI data base to perform a 
primary query, ASVI will respond within 3-5 seconds of the query. When 
the response from a primary query directs the user to institute a 
secondary verification because it cannot positively verify a particular 
alien's status, the user provides additional information, i.e., full 
name, date of birth, etc., to the Service to assist the Service in 
verifying the immigration status. The ASVI data base has proven to be 
an effective, secure, and economical method of verifying the 
immigration status of aliens.

Information To Be Included in the Response

    Each response should include the complete name of the Department of 
Motor Vehicles or other agency of the responding state that will be 
responsible for implementing the pilot program; headquarters address; 
listing of additional locations, if any; and the name and phone number 
of the contact person for this pilot. Other information that is not 
mandatory, but which will be of assistance to the Service in evaluating 
the response and which may be included is: a description of legal 
authority under state law for denying driver's licenses and 
identification cards to aliens not lawfully present in the United 
States; a description of any current policies or procedures regarding 
verification of identity or citizenship or immigration status of 
applicants; a description of any current policies or procedures 
regarding the issuance of driver's licenses or identification cards to 
aliens; the estimated number of alien applicants annually, and 
proposals or comments regarding the desired scope

[[Page 51149]]

and format of the pilot program within the State.

OMB Reporting Burden

    The public reporting burden for this collection of information is 
estimated to be 2 hours, including gathering the information needed, 
and completing and reviewing the collections of information. Please 
send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden, to the Immigration and Naturalization Service, 425 I Street, 
NW., HQPDI, Room 5307, Washington, DC 20536. These requirements have 
been approved by the Office of Management and Budget under the 
provisions of the Paperwork Reduction Act, and are recorded as OMB 
Control Number 1115-0126, with an expiration date of December 31, 1997.

    Dated: September 21, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-25786 Filed 9-29-97; 8:45 am]
BILLING CODE 4410-10-M