Registration and Fingerprinting Requirements for Certain Foreign Nationals

We are continuing to see the aftermath of September 11, as the INS broadens it ability to track non citizens in the U.S. On August 12, 2002, INS published a final rule "to broaden the special registration requirements for nonimmigrant aliens from certain designated countries, and other nonimmigrant aliens whose presence in the United States requires closer monitoring, to require that they provide specific information at regular intervals to ensure their compliance with the terms of their visas and admission, and to ensure that they depart the United States at the end of their authorized stay." The rule is effective September 11, 2002.

The regulation directs certain nonimmigrant aliens from designated foreign countries be registered, fingerprinted, and photographed by the Service at the port of entry at the time the nonimmigrant alien applies for admission. Some visa classifications, including A (ambassador, public minister, career diplomat) or G (representative or employee of international organizations) are exempt from this requirement. Individuals who enter the U.S. before the effective date of the regulations who fall within one of the delineated categories can also be required to register.

The registration requirements can also be applied to individuals who are already in the U.S. According to the Federal Register publication, the final rule applies to only a small percentage of the more than 35 million nonimmigrant aliens who enter the United States each year, including:

• nonimmigrant aliens from selected countries specified in notices published in the Federal Register. Currently all nonimmigrant aliens from Iran, Iraq, Libya and Sudan are listed as individuals automatically subject to special registration and fingerprinting requirements.
• individual nonimmigrant aliens who are designated by a consular officer outside the United States or an inspection officer at the port of entry based on information that indicates the need for closer monitoring of the alien's compliance with the terms of his or her visa or admission because of the national security or law enforcement interests of the United States.

In addition, the regulations require certain nonimmigrant aliens to make specific reports in person to the INS at the following intervals:

• upon arrival at the port of entry.
• between 30 and 40 days after arrival at the INS district office with jurisdiction over the individuals’ place of residence.
• every twelve months after arrival at the INS district office with jurisdiction over the individuals’ place of residence.
• upon certain events, such as a change of address, employment, or school the INS must be notified by mail.
• at the time they leave the United States at the port of departure the individual must notify the an inspecting officer. Any individual who fails to do this, and is required to do so as a designated individual, will be considered inadmissible for future entry to the U.S. This only applies to those who have been registered and have been required to register.

Specifically, if the foreign national in nonimmigrant status remains in the U.S. for 30 days or more, the individual must "appear in person to complete registration by providing additional documentation confirming compliance with the requirements of his or her visa." The proof of compliance can include but is not limited to proof of:

• residence
• employment
• registration and matriculation at an approved school or educational institution

When a foreign national arrives in the U.S., if he/she is from one of the designated countries (listed above), or if the individual is designated by a consular officer outside the United States or an inspection officer at the port of entry that the individual may pose a threat to national security, then the individual is immediately fingerprinted and photographed at the port of entry.

For example, according to a June 5, 2002 Department of Justice Press Release, if the individual has entered the U.S. in H-1B status that is valid for three years, that individual would be subject to the following:

• Secondary inspection at the port of entry where he/she would be fingerprinted and photographed.
• The fingerprints will be run against the IAIFS database of know criminals and a database of known terrorists. They would also run against the INS IDENT database to determine if the individual had previously entered the U.S. under a different name.
• The individual would be asked to provide information regarding his/her plans in the U.S. as well as his/her history and contact information in his/her home country.
• Within 30-40 days of entry the individual would have to report to the INS district office to provide detailed information regarding their stay, residence and employment.
• 12 months after the entry, this information would have to be confirmed at the INS district office.
• Change of address requirements would apply throughout the entire 3 year period the individual is in the U.S.
• When departing the U.S., the individual would have to report to an INS station at the port of departure.

These new requirements have been implemented in an effort to provide the government with a more effective tracking system. As it stands the regulations target individuals who the government deem to pose potential national security risks. The system appears to mirror those already in place in many European countries including Spain, France, and the Netherlands. However, the registration system in these countries do not appear to be geared toward specific populations. While it is important that our entry and exit system be reviewed and revised to ensure our nation’s security, it is also important to be mindful of the practical application of a regulation that may encourage government officials to target individuals solely on the basis of their nationality, religion, physical appearance or name. The rule appears to target specific minority ethnic groups and members of a specific religion, this may in turn further stigmatize innocent individuals do not pose a threat to our security. We will continue to report on these new measures.