History
SAVE’s origin and ongoing work is authorized by legislation. This is a summary of some of the laws that have been important to SAVE’s establishment and expansion.
Immigration Reform and Control Act of 1986 (IRCA)
IRCA (Public Law 99-603 (PDF)) required the former Immigration and Naturalization Service (INS) to create an electronic system for verifying the immigration status of alien applicants for, and recipients of, certain types of federally funded benefits. IRCA also required that the system be made available to federal, state, and local agencies administering these benefits. USCIS now performs this function.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
PRWORA (Public Law 104-193 (PDF)) restructured the welfare system in the United States and restricted immigrant eligibility for public benefits, expanding the need for benefit-granting agencies to verify immigration status. PRWORA also defined “federal public benefits” and “state and local public benefits.”
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
IIRIRA (Public Law 104-208 (PDF)) required that the INS, and now DHS as its successor, respond to inquiries from federal, state, and local agencies seeking to verify or determine the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law. Under this authority, these agencies can use SAVE to help determine an individual’s immigration status or naturalized/acquired citizenship for benefits and licenses.
REAL ID Act of 2005
The REAL ID Act (Public Law 109–13 (PDF)) established certain minimum standards for state-issued driver's licenses and state-issued identification cards for those documents to be acceptable for official purposes. To meet REAL ID Act requirements, state motor vehicle administrations must verify the immigration status of alien applicants for a REAL ID driver’s license or identification card.
Patient Protection and Affordable Care Act of 2010
The Patient Protection and Affordable Care Act (Public Law 111-148 (PDF)) provided for a variety of healthcare reforms, including health insurance benefits and subsidies for qualified aliens lawfully present in the United States. As part of this eligibility determination, health and human services agencies use SAVE to verify a benefit applicant’s immigration status or naturalized/acquired citizenship.
The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (FAA Act)
The FAA Act (Public Law 114-190 (PDF)) directs the DHS Secretary to authorize airport operators to have access to SAVE to determine the eligibility of individuals seeking unescorted access to any security identification display area of an airport. USCIS and the Transportation Security Administration (TSA) coordinate responsibilities concerning implementation of this requirement.