INS and DOE to Implement Status Verification System
Posted Sep 27, 2002
The U.S. Department of Education (DOE) announced September 19, 2002 the implementation of a "computer matching program." The program is in conjunction with INS, for the purpose of verifying the status of students applying for certain federal aid programs. Through INS' computer system, DOE intends to verify the immigration status of applicants for, and recipients of, federal educational loans and grants. These assistance programs include the relatively well-known Pell Grant and Work-Study programs and six other programs authorized by Title IV, section 484(a)(5), of the Higher Education Act of 1965, as amended.
Under the computer-matching program DOE will be able to access the INS database known as the Alien Status Verification Index (ASVI). The procedure will operate as follows.
1) DOE will utilize special identification codes and passwords to transmit student data to INS.
Presumably, the information will relate only to students who are foreign nationals, although sometimes a person's citizenship status is unclear. DOE has stated that the information will include one's date of birth and alien registration number ("A" number), if any. A list of all data to be transmitted has not yet been provided. Since many foreign nationals in nonimmigrant status (which includes students) do not have "A" or alien numbers, enough additional data on the person would need to be supplied in order that s/he be reasonably identified.
2) The system will search for corresponding data in the ASVI records.
3) If a match is found between the student data and the ASVI information, the system will provide a code identifying the individual's immigration status.
4) If there is no problem with the status, the process may end there. However, should a problem arise, DOE must take further steps before determining whether to deny or discontinue the grant or loan.
5) Those further steps must consist of either independently verifying the information or providing the student with an opportunity to document his/her status, following the procedure described below.
a. DOE issues a notice to the student describing the information found and providing a 30-day window during which s/he should submit proof of immigration status.
b. If DOE is satisfied with the information and the student otherwise is found to be eligible, then the loan or grant could be approved.
c. If, after review of the submitted documentation, the student's status would disqualify him/her from receiving aid, then DOE's Data Integrity Board issues a determination that the information relates only to federal education aid, that DOE has confidence in the accuracy of the information, and that, after having the opportunity to rebut the findings, the student was not able to show a qualifying immigration status.
d. Following such determination, the aid can be denied or discontinued.
The INS-DOE matching program is expected to start 40 days after the two agencies finalize an agreement and send it to the U.S. Congress and the Office of Management and Budget. The duration of the program is expected to be 18 months, after which it can be extended for an additional year. The DOE notice does not indicate whether further extensions would also be possible.
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