This month the Department of Homeland Security (DHS) announced a new system of records known as the Compliance Tracking and Monitoring System (CTMS), effective June 22, 2009.

The purpose of CTMS is to collect information that facilitates monitoring of "misuse, abuse, discrimination, breach of privacy, and fraudulent use of U.S. Citizenship and Immigration Services (USCIS) Verification Division's verification programs," specifically the Systematic Alien Verification for Entitlements (SAVE) and E-Verify. CTMS focuses on users of these systems (employers or government agencies), rather than on the individuals being verified.

Activities to be monitored and considered "non-compliant agency or employer categories of behavior" include:

  • fraudulent use of Alien and Social Security Numbers by E-Verify users;
  • termination of employees because of tentative non-confirmations (in other words because E-Verify is unable to match the information provided by the employer with the information in DHS records);
  • failure of an employer to notify DHS when an employee who receives a final non-confirmation nevertheless remains employed
  • verification of existing employees (as opposed to new hires);
  • verification of job applicants, rather than new employees (i.e., pre-screening);
  • selectively using E-Verify or SAVE for verifications based on foreign appearance, race/ethnicity, or citizenship status;
  • failure to post the notice informing employees of participation in E-Verify;
  • failure to use the E-Verify, consistently or at all, once registered.

If it is determined that a user's behavior falls within a non-compliant category, USCIS will further research the non-compliance and notify the user of the non-compliance. USCIS notification will serve as an opportunity for the user to remediate or explain the issue. If the behavior is not remediated and additional investigation shows that the acts are substantiated, the USCIS will take steps to correct the behavior, including "requiring additional training, restricting access to [the systems], or referral to a law enforcement agency for further action." For more detailed information on the CTMS please click here.