Nonqualified Noncitizens without USCIS Documentation
(01/01/22 - 12/31/22)
A nonqualified noncitizen without United States Citizenship and Immigration Services (USCIS) documentation, also known as an undocumented noncitizen(g), may or may not have entered the U.S. without the knowledge or permission of USCIS.
NOTE Citizens of either the Marshall Islands or the Federated States of Micronesia may work and establish residence in the U.S. These noncitizens do not need USCIS permission to legally enter and live in the U.S. and may not have USCIS documentation.
When it has been determined that a noncitizen participant does not have USCIS documents, do not question the participant further regarding their noncitizen status.
When a noncitizen has no documents, key the following:
DI in the PT field on the SEPA screen
OT in the CI field on the IDCI screen
NS in the STAT field on the NOCS screen
A nonqualified noncitizen who is residing in the U.S. without the knowledge or permission of USCIS, may do one of the following:
Voluntarily self-declare that they are residing in the U.S. illegally
Provide Immigrations and Customs Enforcement (ICE) documents verifying violation of USCIS law
When either of these occurs, complete all of the following:
Obtain an electronic ICE referral e-form at the following link: (Internal use only)
Complete the ICE referral
Send the ICE referral form to ICE by clicking on the submit button at the bottom of the page
NOTE Do not document the case file.
Failure to report confirmed violations of immigration law is a class 2 misdemeanor toward the worker. When the worker's supervisor knows of the failure to report and fails to instruct the worker to make the report, the supervisor is also guilty of a class 2 misdemeanor.
Deferred Action for Childhood Arrivals (DACA) is a U.S. immigration policy that allows children, who are brought to the country as minors and are still residing in the U.S. unlawfully, to apply for a deferral from deportation.
These young men and women, sometimes referred to as Dreamers, are nonqualified noncitizens who are residing with the knowledge of the USCIS. Do not refer these individuals to ICE.