How can I legally and ethically verify someone's immigration status, and what privacy limits apply?
Executive summary
You can legally verify someone’s U.S. immigration status through federal channels such as USCIS case-status tools and the Systematic Alien Verification for Entitlements (SAVE) program, and by checking visa/priority-date information in the Department of State Visa Bulletin; SAVE is available only to registered government agencies, while USCIS public tools let individuals check cases with a receipt number [1] [2] [3]. Privacy protections limit disclosures: the Privacy Act and USCIS privacy policies restrict unauthorized release of personally identifiable information (PII) and special protections apply for certain vulnerable applicants [4] [5].
1. How government verification channels work — official routes and limits
Federal agencies provide dedicated verification tools. Individuals can view USCIS case status online by entering the receipt number shown on USCIS notices (Case Status Online) and use USCIS landing pages to generate status reports if they control an account [1] [5]. For government programs that need authoritative confirmation (benefits, licenses), agencies use SAVE, a USCIS-administered service restricted to “registered federal, state, territorial, tribal, and local government agencies” that returns immigration-status and citizenship information [2]. The State Department’s Visa Bulletin and USCIS guidance govern visa availability and adjustment-of-status timing; those documents affect whether a status is eligible for a particular benefit but are not direct person-by-person status checks [6] [3].
2. Who may legally request status checks — and who may not
Unauthorized private parties cannot use SAVE; registration is limited to government entities and agencies acting in official capacities [2]. Members of the public can check their own USCIS case status using receipt numbers [1]. Available sources do not mention a public mechanism for private employers or landlords to directly query SAVE; instead, employers typically rely on document inspection and federal programs such as E-Verify (available sources do not mention E-Verify specifics here) [2].
3. Privacy legal framework that constrains disclosures
USCIS and DHS are bound by the Privacy Act and Fair Information Practice Principles (FIPPs), which require protection of PII and limit unauthorized disclosures; violations can carry legal penalties [4]. USCIS policy specifically says the Office of Privacy assesses disclosure requests and that some categories of beneficiaries (e.g., victims eligible for T or U status, certain VAWA applicants) receive statutory confidentiality protections under 8 U.S.C. 1367 [4]. These rules mean agencies must analyze requests before releasing records and cannot indiscriminately share status details [4].
4. State and local legal variations — privacy expansions and sanctuary protections
Several states have expanded privacy and limits on cooperating with federal immigration enforcement. For example, state-level laws have broadened data privacy protections in contexts like schools, libraries, and health clinics, and some states have sanctuary provisions constraining local cooperation with ICE [7]. California amended privacy law to treat information revealing immigration status as sensitive personal information subject to heightened protections under the CCPA framework [8]. These state-level rules create additional legal limits where you operate.
5. Enforcement context and increased data sharing — tensions with privacy
Federal enforcement practices and interagency data sharing have intensified in 2025, including more NTAs and expanded vetting, which increases pressure on privacy safeguards [9] [10]. Civil-rights and privacy advocates warn that repurposing administrative data across agencies can create surveillance risks and safety harms for migrants [11]. USCIS and DHS publicly emphasize privacy compliance, but the same sources show agencies are expanding verification and vetting capabilities [4] [9].
6. Practical, ethical steps for non-government actors
Based on available sources, ethically verify status by: asking to see original immigration documents (passport, visa, green card, work authorization) and recording only what is necessary, using public USCIS case-status tools if the person provides a receipt number for their own case [1], and respecting state privacy laws that may classify immigration status as sensitive information [8] [7]. Available sources do not mention detailed step-by-step employer procedures for private verification beyond SAVE’s restrictions and USCIS tools [2] [1].
7. Where sources disagree or leave gaps — what to watch
Government sources emphasize program controls and legal privacy protections [2] [4]. Advocacy and research sources highlight real-world privacy risks from data-sharing and expanded enforcement tools [11] [12]. Available sources do not provide a single, plain‑language checklist that reconciles federal verification tools with every state privacy law; you must consult local statutes and, where appropriate, legal counsel for compliance (not found in current reporting).
If you need, I can draft a short employer checklist that aligns with these federal tools and flags state-law steps, using only the cited sources above.