Reading Room Document

Use in a criminal prosecution of documents filled out by an employee of the Immigration and Naturalization Service in connection with applications by illegal aliens for employment authorization cards

This document is a letter from the Office of Legal Counsel to the United States Attorney in New York, discussing the use of documents filled out by an employee of the Immigration and Naturalization Service (INS) in connection with applications by illegal aliens for employment authorization cards in a criminal prosecution. The conclusion reached is that the documents and the information contained in them are generally not covered by 8 U.S.C. § 1255a(c)(5), and therefore may be used, published, or examined without regard to that provision. The questions presented for review include whether the information furnished by the alien applicant is covered by the confidentiality provision, and how to handle cases where a particular document specifies information furnished by the alien applicant.

August 12, 1993