State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 31

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MEMORANDUM OF UNDERSTANDING
Between the
United States Department of Homeland Security,
U.S. Citizenship and Immigration Services
and
USER AGENCY

I.

PARTIES

This Memorandum of Understanding (MOU) constitutes an agreement between the
United States Department of Homeland Security, U.S. Citizenship and Immigration
Services (DHS-USCIS) and the _______ (User Agency).

II.

PURPOSE

A. This MOU allows and governs the participation of the User Agency in the DHSUSCIS Systematic Alien Verification for Entitlements (SAVE) program for the
purpose of verifying immigration status and information of non-citizens and certain
U.S. citizen applicants for {Benefit}. The limited data provided to the User Agency
will include (1) an initial response (initial verification) by SAVE to an online inquiry
by the User Agency and (2) additional verification procedures where applicable.
Initial verification and the additional verification procedures will provide the User
Agency limited access to information contained in the Verification Information
System (VIS) database to verify the alien registration number (A-number),
arrival/departure record (I-94), and other citizenship and immigration status data of
applicants for {Benefit}.

B. This MOU describes the responsibilities of DHS-USCIS and the User Agency for
verifying immigration and certain citizenship status information and properly
safeguarding, using, maintaining, and disclosing data transferred pursuant to the
SAVE procedures set forth in this MOU and other SAVE program policy directives.
The responsibilities of the Authorized employees and/or contractor personnel of
DHS-USCIS and the User Agency will carry out the requirements of the MOU.
C. The User Agency certifies that it cannot procure the immigration status verification
services requested pursuant to this MOU reasonably and expeditiously through
ordinary business channels.
III.

LEGAL AUTHORITIES

The authorities provided for in this MOU include, but are not limited to, the following:

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Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub.
L. No. 104-193, 100 Stat. 2105
Immigration Reform and Control Act of 1986, Pub. L. 99-603, 100 Stat 3359
Homeland Security Act of 2002, Title II-Information Analysis and Infrastructure
Protection
Privacy Act, 5 U.S.C. section 552a
Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231, as amended. DMVs.
User Agency Authorities
IV.

IMPLEMENTATION

A.

DHS-USCIS agrees to:
1. Maintain and make available to the User Agency in limited part and manner
determined by DHS-USCIS after consultation with the User Agency, an immigration
and certain citizenship status information verification system under the SAVE
Program known as the Verification Information System (VIS), as described at 72
Federal Register 17569 (April 9, 2007);
2. Respond through VIS to inquiries from the User Agency by verifying the current
immigration status of each alien applicant to the User Agency, as available;
3. Provide to the User Agency operating instructions necessary to use VIS, a
sufficient number of verification User IDs to assure the effective implementation of
the verification procedures, and instructions for obtaining necessary system access
codes;
4. Provide the User Agency with the names, addresses, and telephone numbers of
contact persons within the SAVE Program and its contractor who can be contacted
regarding any questions or problems which arise in connection with the User
Agency’s participation in SAVE;
5. Process and respond to additional verification requests submitted by the User
Agency through VIS or on Form G-845 (Document Verification Request). Response
time may vary, depending on DHS-USCIS workload, resources available to process
additional verification requests, and the applicant’s specific circumstances;
6. Provide the User Agency a copy of Form G-845, which may be reproduced and/or
computer-generated without prior DHS-USCIS approval; and

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7. Provide to the User Agency training and information regarding initial and
additional verification, relevant DHS-USCIS policy, safeguards regarding data, and
DHS-USCIS administration of status verification.
B.

The User Agency agrees to:
1. Provide to the SAVE Program available information necessary to verify alien
applicants’ immigration status, including (a) the alien registration number for initial
verification, (b) additional information obtained from the alien's immigration
documentation for automated additional verification, and (c) completed Forms G-845,
copies of documents, and other information required for manual additional
verification;

2. Provide the SAVE Program with the names, addresses, and telephone numbers of
contact persons within the User Agency regarding any questions or problems which
may arise in connection with the User Agency’s participation in SAVE;
3. Pay any and all required fees for the provision of access to the SAVE database as
set forth in section VII of this MOU;
4. Address and resolve all lawful requirements and recommendations regarding each
and every finding of waste, fraud, abuse, or any misuse of the system, including but
not limited to non-compliance with this MOU, SAVE Program procedures, or any
applicable law, regulation, or policy;
5. Respond to all findings made by the DHS-USCIS Monitoring and Compliance
Branch and take corrective measures as necessary to comply with all lawful
requirements and recommendations;
6. Notify the SAVE Program immediately whenever there is probable cause to
believe a violation of this MOU has occurred;
7. Notify the SAVE Program immediately whenever there is probable cause to
believe an information breach has occurred as a result of User Agency action or
inaction pursuant to the Office of Management and Budget (OMB) Memorandum M07-16;
8. Become familiar with and comply with the SAVE User Manual & System Tutorials;
and

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9. Ensure each agency representative performing verification procedures completes
the SAVE Web-Based Tutorial.
V.

SAFEGUARDS REGARDING THE USE AND DISCLOSURE OF DATA

A.

Participation of the User Agency in SAVE shall be conducted so as to verify
immigration status without regard to the sex, color, race, religion, or nationality of
the alien involved. DHS-USCIS and the User Agency shall comply with the Privacy
Act, 5 U.S.C. Section 552a, and other applicable laws, regulations, and policies,
including but not limited to all OMB privacy guidance, in conducting verification
procedures pursuant to this MOU, and in the safeguarding, maintaining, and
disclosing of any data provided or received pursuant to the MOU.

B. The User Agency agrees that any information provided by DHS-USCIS under this
MOU may only be used for the purpose of determining the eligibility of persons
applying for Benefit. The User Agency also agrees to limit its use of such
information in accordance with this and all other provisions of this MOU.
C. The User Agency shall not disclose any information provided by DHS-USCIS under
this MOU to any other person or entity without the prior written consent of DHSUSCIS. Each applicant seeking access to information regarding himself/herself may
do so by submitting a written request to DHS-USCIS. The User Agency fully
understands that this MOU does not permit it to use SAVE for the purpose of
complying, or assisting any person or entity to comply, with the employment
eligibility verification requirements of section 274A of the Immigration and
Nationality Act, 8 U.S.C. section 1324a.
D. DHS-USCIS reserves the right to use information received by it from the User
Agency for any purpose permitted by law, including the prosecution of violations of
Federal criminal law.
E. DHS-USCIS will verify the immigration status of alien applicants pursuant to this
MOU, but will make no recommendation to the User Agency whether to issue
{Benefit}. The User Agency has the sole responsibility to determine the applicant’s
eligibility for {Benefit}.
F. The User Agency and DHS-USCIS agree to comply with the requirements of the
Federal Information Security Management Act (FISMA (PL-107-347), Title III,
Section 301) and applicable OMB guidance as applicable to electronic storage,
transport of records between agencies, and the internal processing of records received
by either agency under the terms of this Agreement. The User Agency and DHSUSCIS reserve any right that it may have to conduct onsite inspections to monitor
compliance with FISMA during the lifetime of this agreement and any extension
thereof.

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VI.

MONITORING AND COMPLIANCE

The User Agency agrees to allow DHS-USCIS, authorized agents of DHS-USCIS, and
other DHS-USCIS designees to:
A. Monitor records and documents related to the use or improper use by the User
Agency;
B. Conduct compliance inspections and review User Agency’s SAVE-related policies,
procedures, guidance, records, and associated documents, including, if appropriate,
applicant consent forms relating to the Privacy Act, 5 U.S.C. section 552a, and other
applicable law in conducting verification procedures pursuant to this MOU, and in the
safeguarding, maintaining, and disclosing of any data provided or received pursuant
to this MOU;
C. Interview any and all User Agency system users and any and all contact persons
within the User Agency regarding any and all questions or problems which may arise
in connection with the User Agency’s participation in SAVE;
D.

Perform audits of agency User IDs, SAVE Training Records, SAVE financial
records, SAVE biographical information, system profiles and usage patterns; and

E. Take other steps to monitor and assure that the terms of this MOU are complied with
regarding the use, maintenance and operation relating to SAVE and related to the
payment of required fees to DHS-USCIS and its contractors for the provision of
access to the USCIS-SAVE database by the User Agency.
VII.

COMPENSATION

The User Agency shall pay the standard billing rates to the SAVE Program contractor or,
upon written notice from USCIS, any other entity designated by DHS-USCIS.
The current standard billing rates are attached. The standard billing rates and methods of
payment are subject to change upon prior written notification to the User Agency.
VIII. POINTS OF CONTACT
USCIS SAVE—David H. Bounds, Chief, SAVE Program, 490 L’Enfant Plaza
East SW, Suite 8027, Washington, DC 20024-2135, [phone].
USCIS SAVE Contractor—Computer Sciences Corporation, Attn: Gerard
LaBerge, SAVE Program, 1001 G Street NW, 300 West, Washington, DC 20001,
[phone].
USER AGENCY—Name, Title, Agency, Address, (???) ???-????

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DHS-USCIS and the User Agency will update these points of contact as needed.
IX.

PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION

This agreement shall be effective when, and only when, (1) the DHS-USCIS authorized
official and User Agency authorized official have both signed the agreement, and (2) the
signatures occurred within 14 calendar days of each other. This MOU shall continue in
effect unless (1) modified or terminated in writing by the mutual consent of both parties,
or (2) terminated by either party upon 30 days prior written notice to the other party by
certified or registered mail, return receipt requested.
This MOU and any annexes hereto may be amended or revised at any time upon the
mutual written consent of the parties.
DHS-USCIS may terminate this MOU without prior notice if deemed necessary because
of a requirement of law or policy, upon a determination by DHS-USCIS that there has
been a breach of system integrity or security by the User Agency, or a failure by the User
Agency to comply with established procedures or legal requirements.
Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States,
its agencies, officers, or employees.
This MOU is limited to the provision of verification services. It is not intended to be, and
should not be construed as, an opinion on the part of DHS-USCIS or the United States
regarding any right or benefit under any program administered by the User Agency.
The foregoing constitutes the full agreement on this subject between DHS-USCIS and the
User Agency.
The undersigned represent that they are authorized to enter into this MOU on behalf of
DHS-USCIS and the User Agency, respectively.

________________________________
David H. Bounds

______________________________
User Agency Representative

Chief, SAVE Program
U.S. Citizenship and Immigration Services
Department of Homeland Security

______________
Date

_______________
Date

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VERIFICATION INFORMATION SYSTEM (VIS)
ACCESS METHODS, TRANSACTION CHARGES, AND REQUIRED
EQUIPMENT
EFFECTIVE APRIL 1, 2005

ACCESS

TRANSACTION CHARGES

METHOD

EQUIPMENT
REQUIRED

Web-Based
(Web 1, 2, and 3)

Initial Verification - $0.26
Additional Verification –
Additional $0.48

Personal Computer with
Internet access and a supported
web browser (Internet Explorer
5.5 or newer, or Netscape 6.0
or newer, but not Netscape
7.0).

Computer
Matching
(SFTP Priority
Batch)

Initial Verification - $0.20
Additional Verification –
Additional $0.24

Internet access and Secure File
Transfer Protocol (SFTP)
connectivity. Custom software
needed for formatting queries
and interpreting the output file.

Web Services

Initial Verification - $0.20
Additional Verification –
Additional $0.24

Internet access and commercial
off-the-shelf software that
enables development of a client
web service application.

NOTE: A minimum monthly service fee of $25.00 is automatically billed to user
agencies whose VIS query volume totals do not exceed $25.00. However, if no query of
VIS is completed during the month, there is no charge.

Revised March 23, 2005

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