INS Proposes New Registration System To Monitor Nonimmigrants

The Department of Justice and the Immigration and Naturalization Service ("INS") have proposed a law that would create a registration system for monitoring certain nonimmigrants entering the United States. This registration system is in response to the terrorist attacks of September 11, 2002 on the World Trade Center and the Pentagon.

The purpose of the registration system is to monitor the activities of certain nonimmigrants from the time they enter the United States until they leave the country. It was determined after September 11, 2001 that the INS did not have a reliable method to ensure that nonimmigrants in the country were complying with the terms of their visas, and departing by the authorized period of stay. The INS also found that it could not locate certain nonimmigrants if necessary once they entered the country. INS believes this system will prove to be a useful tool in monitoring the activities of certain nonimmigrants once they enter the United States and ensuring that these individuals exit the country and do not stay beyond the period of authorized stay granted by INS.

The registration system will not apply to all nonimmigrants. According to the Department of Justice only a "small percentage of nonimmigrant aliens" will be affected by this system. Those individuals who will be required to participate in the registration system are nonimmigrants "from selected countries specified in notices published in the Federal Register; and 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 admission in the national security or law enforcement interests of the United States." The Attorney General and the Secretary of State may add and exempt certain classes or individuals from this list requiring registration. The INS wants to prevent violations of immigration laws and criminal activity by nonimmigrants

Nonimmigrants not subject to the registration system are those who enter as ambassadors, public ministers, career diplomats and those working as representatives or employees of an international organization. These individuals will qualify for either A or G visa status, respectively.

The registration process begins upon entry to the United States. If the proposed stay in the United States is longer than 30 days, the individual will be registered, fingerprinted and photographed at the port of entry. In addition, if the address should change while in the country, the INS must be notified within 10 days of the change.

If an immigration officer at the port of entry believes an individual will violate the terms of the requested status or may present a risk to national security, under the registration system, the individual can be required to register and submit to fingerprinting and photographs. The immigration officers at the ports of entry will be given specific criteria by the Department of Justice. The Department of Justice expects the criteria to change over time, however the specific criteria will be distributed to the immigration officers at the port of entry prior to the officers being able use the criteria. It is unclear at this point, how the criteria will be developed and how often the Attorney General will amend the criteria. The proposed rule is silent on these issues. The proposed rule is also silent on whether the registration system has safeguards in place to ensure a fair and equitable application of the criteria by the immigration officers.

The fingerprinting and photographs will help determine if the individuals have known associations with terrorist organizations or have committed criminal acts in the past. The registration system will also help ensure that if the individual commits an act of terrorism in the United States that they will not be allowed to reenter in the future.

When the registration system goes into effect there will be individuals subject to registration already in the United States. Those individuals will be required to register with INS. When this occurs, the Attorney General will publish a notice in the Federal Register providing guidance as to which individuals must register. The notice will also include the location of the registration and instructions detailing the proper procedure for providing fingerprints and photographs.

Individuals extending their stay in the United States must confirm their status with INS through the registration system if they were required to register upon initial entry. This confirmation of registration must take place at a designated registration site on or after the thirtieth day or before the fortieth day in the country. As the registration is a condition of admission to the United States, if an individual does not want to participate in the initial or confirmation registration they may withdraw the application for admission and depart the country.

Annual registration is required for those individuals who fall under the registration criteria and are issued visas for one year or more. These individuals must reconfirm their registration on the anniversary of their entry in to the United States. There is a ten day period after the anniversary date when the confirmation of registration may also be done. During the annual registration, the individual must confirm their activities in the United States, address, and any other information previously provided to the INS. The ten day rule also applies to these individuals when their address changes during the course of their stay in the country.

In addition to registration while in the country, the affected individuals must adhere to already established regulations requiring INS notification when a nonimmigrant leaves the United States. If the individual does not submit to inspection by the INS upon departure from the country, that individual will be deemed to still be in the country. As the program develops, the ports through which a nonimmigrant may depart may be limited to specified ports of entry that are equipped with departure control offices.

The penalties for failure to register, confirm registration, annual registration or making false statements during the registration process are a fine up to $1,000 or imprisonment up to six months. In addition, providing false statements can lead to detention and removal once convicted.

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