INS Launches Its Registration Program On The one Year Anniversary of The Terrorists Attacks in New York and The Pentagon

On the one-year anniversary of the terrorist attacks on the World Trade Center and the Pentagon, the Immigration and Naturalization Service implemented its special registration system for certain nonimmigrants entering the country. The registration system requires certain nonimmigrants to register with INS when they enter the country. The registration includes being fingerprinted, photographed, and interviewed upon entry to the United States. While in the country, individuals subject to the registration requirements will have to periodically check in with INS.

The original countries subject to the registration system were Iran, Iraq, Sudan, Libya and Syria. Recently, Saudi Arabia, Yemen and Pakistan were added to the list of countries. Registration for these three new countries began on October 1, 2002. All citizens and nationals aged 14 and over from the first five countries are subject to registration (including those who possess dual citizenship); however, only male citizens or nationals aged 16 to 45 from Saudi Arabia, Yemen and Pakistan will be subject to registration.

As nonimmigrants enter the country, they will be given a packet of information that explains the registration requirements and their responsibilities under the registration system.

The INS regulations also required individuals to register when they exit the country. On September 30, 2002, INS published a list of the ports of entry in which nonimmigrants may register as they exit the country. That list became effective on October 1, 2002. Individuals are not permitted to register upon exit at a port of entry not listed by the INS.

  List of approved registration port of entries (PDF/40 kb, 2 pages)

In an effort to address confusion among foreign nationals who had entered the United States before these regulations took effect, on October 9, 2002, INS indicated that "Nonimmigrant visitors who have been admitted into the United States without being registered by INS immigration officials, are not special registrants, and therefore are not required to follow special registration procedures. " There is no requirement to report to an INS office for an interview, and there are no restrictions or requirements related to leaving the United States for these individuals regardless of their nationality. However, when such individuals reentry the U.S., they may be selected for special registration.

The registration system is evolving and receiving mixed reactions. When Saudi Arabia was added to the registration list, their government expressed outrage and indicated that U.S. citizens may be subject to "special registration" when entering Saudi Arabia . At this point, it is unclear what effects adding these three countries to the registration requirement will have on the diplomatic relations between these countries and the United States. In addition, immigration practitioners are unsure of the motives of the INS in adding these countries to the initial list, specially since the addition of the countries was done through a memorandum that was not released to the public. The memorandum became public knowledge only when it was discovered by a media source. However it should be noted that several of the 9/11 hijackers were Saudi Arabian Nationals.

Additional Information on special registration is available at the INS web page. As the registration system develops and expands, Greenberg Traurig will provide updates.

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