Purpose and Overview 448-01-50-55-10

(Revised 3/1/12 ML #3304)  

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The SAVE Program’s mission is to provide government agencies (and other authorized users) with a tool to verify the immigration status of benefit-seeking applicants in a lawful and non-discriminatory manner when necessary to determine eligibility for the benefit. Established in 1987, the SAVE Program allows federal, state, and local benefit-granting government agencies (and other authorized users, including licensing bureaus), to check the immigration status of noncitizen and certain U.S. citizen applicants requesting benefits.

 

SAVE is maintained and operated by the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), Verification Division. The SAVE Program provides the user with information about the immigration status of an applicant for a covered benefit, which may then be used by the user to determine eligibility for the benefit. In other words, the user determines whether or not an applicant is eligible for a specific benefit or license whereas the SAVE program provides the user with information necessary to make that determination.

 

USCIS makes the determination if an individual is an illegal alien. The worker does not make this determination and must not report an individual to USCIS as an illegal alien unless the following has occurred:

 

  1. unlawful presence must be a finding of fact or conclusion of law that is made as part of a formal determination that is subject to administrative review on an alien’s claim, and

 

  1. the finding or conclusion of unlawful presence must be supported by a determination by USCIS or the Executive Office of Immigration Review, such as a Final Order of Deportation.