US. Department of Homeland Security US. Cizeaship and Immigration Services Ofc of the Dircetor (MS 2000) ‘Washington, DC 20829-2000 US. Citizenship and Immigration Services [Date Applied by EXSO] PM-602-XXXX Policy Memorandum Subject: US. Citizenship and Immigration Services (USCIS) Policy Governing Use of Social Networking Internet Sites for Verification of Information Related to Applications and Petitions Purpose This Policy Memorandum (PM) governs the uge of social hetWorking Internet sites by authorized USCIS personnel for purposes of verifying information related to applications and petitions. Scope This PM defines the requirements-t0 be foll6Wetl by USCIS personnel when authorized to use social networking Internet sites for purposes of verifying information related to applications and petitions. It does not apply,to'théuse of sotial networking Internet sites for any other purpose. ‘This PM provides a missign-specifi¢ supplement to the established, Federal-wide Online Investigative Principles for Law Enforcement Agents, (Department of Justice, 1999), which Secretary Janet Napjilitano adopted as Department of Homeland Security (DHS) policy on December 16, 2010, and will be subject to any further DHS directives regarding its subject matter. This guidance applies to and is binding on all USCIS employees. Authority The follwing authorities suppOrt issuance of this PM: * Immigitition and Nationality Act (INA), 8 U.S.C. § 1103, as amended. Privacy Act of 1974, 5 U.S.C. § 552a, as amended. Deparitaent of Homeland Security (DHS) Memorandum, subject: Use of Public and Non- Public Online Information for Law Enforcement, Situational Awareness, and Intelligence Purposes, Deveiber 16, 2010. * DHS Homeland Security Delegation No. 0150.1, Delegation to the Bureau of Citizenship © Immigration Services, June 5, 2003. © DHS Privacy Impact Assessment, Fraud Detection and National Security Data System (FDNS-DS), July 29, 2008. «DHS System of Records Notice, Fraud Detection and National Security Data System (FDNS-DS), 73 FR 48231, August 18, 2008. For Official Use Only—Law Enforcement Sensitive wow.usels. govPD-112-XXXX: Policy Governing Use of Social Networking Sites for Verification of Information Related to Applications and Petitions Page 2 For Official Use Only—Law Enforcement Sensitive Background In adjudicating immigration-benefits cases, USCIS personnel perform a variety of inquiries to verify information related to applications and petitions. Review of publicly available information, including information found on the Internet, is one method for verifying such information. Social networking sites are one category of Internet sites that may offer useful, publicly available information for this purpose. In some instances, USCIS personnel may receive an application or petitionlthat presents suspected or confirmed fraud, criminal activity, or egregious public safety or national security concems. When these concerns are articulated, cases are referred to\Fraud Detection and National Security (FDNS) officers who may utilize publicly available information to perform further investigation into the suspected or confirmed fraud, criminal activity, or egregious public safety or national security concerns. Social networking sites, generally speaking, are interaétive websites or serviges thav‘allow participating users to communicate interactively with/each other andipost a range of materials and information, often including personal information about themselves. While many social networking sites require users to establish amagcount or redéive a special grant of access to view information on the site, all users of the public Intémet can aceéss information on certain portions of many social networking sites. ‘The special characteristics of sdbial tetworking sites, including, their interactive features and privacyseontrol settings, faise unique considerations that do not necessarily arise with other publicly available Infernietresources.” DHS and USCIS network-séeurit¥'controls Block access to some Intemet sites, including many social networking sites, for reasons that are not necessarily related to their utility for verifying information. For example, access toveertain sites may be blocked to maintain employee productivity or to réduce seourity risks to agency nletworks. Because of their potential to contain information that could help USCIS verify information related to applications and petition: USCIS may, where appropriate, authorize certain agency personnel to access social networ sites for verification purposes. This PMdéscribes the terms that govern such access when authorized. USCIS petsonnel should direct questions about accessing social networking sites for verification purposes through theinchain of command or to the USCIS Office of Information Technology. Consistent with'existing USCIS regulations at 8 C.F.R. § 103.2(b)(16)(i) and (ii) addressing the use of derogatory information obtained from publicly available sources, an applicant or petitioner will have an appropriate opportunity to explain or refute any derogatory information obtained from social networking sites before a decision is made regarding the benefit requested. Policy Use of social networking Intemet sites by USCIS personnel for official government business must conform to applicable DHS guidance and to the following USCIS-specific requirements: For Official Use Only—I21w Enforcement SensitivePD-112-XXXX: Policy Governing Use of Social Networking Sites for Verification of Information Related to Applications and Petitions 1 Use Only—Law Enforcement Sensitive Page 3 For Of + USCIS personnel may not All official government business use must be limited to available information. USCIS personnel are not # USCIS personnel may use only agency-authorized hardware and other computing resources when accessing social networking sites for official government business. For example, USCIS personnel may not use their personal computers, cellular telephones, or other mobile devices for this purpose. USCIS personnel approved for telework and other alternative work arrangements will follow the same computer-use dnd security practices required at their primary workplace. Addi nal Information This PM is intended solely for the guidance of USCIS personnellin the’performance of their official duties. It is not intended to, does,not, and maynot be relied upon to create any right or benefit, substantive or proceduralyenforceable at law or by,any individual or other party in removal proceedings, in litigation with the, United States, oftin any other form or manner. For Official Use Only—Law Enforcement Sensitive