DOJ Requires Certain Nonimmigrants Admitted to the U.S. Before 9/11/02 to Appear for "Special Registration" by 12/16/02

IMMIGRATION LAW & POLICY

Removal Procedures and Defenses

DOJ REQUIRES CERTAIN NONIMMIGRANTS ADMITTED TO THE U.S. BEFORE SEPT. 11, 2002, TO APPEAR FOR "SPECIAL REGISTRATION" BY DEC. 16, 2002
Immigrants' Rights Update, Vol. 16, No. 7, November 22, 2002

Citing national security concerns and intelligence considerations, the attorney general has expanded the new special registration program known as the National Security Entry-Exit Registration System (NSEERS). Prior to this announcement, the only individuals who were subject to the special registration requirements were given notice of these requirements at the time they were admitted to the United States. In contrast, the new requirement applies to certain nonimmigrants who were not given any notice concerning the special registration requirements at the time they were admitted to the United States.

The new requirements were announced in two notices published in the Federal Register. The first notice applies to certain nonimmigrants who were admitted to the U.S. on or before Sept. 10, 2002, who now must appear in person at an Immigration and Naturalization Service office by Dec. 16, 2002, or face possible loss of their status and be subject to removal. The second notice applies to certain nonimmigrants admitted on or before Sept. 30, 2002, who must appear for special registration on or before Jan. 10, 2003. (For more on the special registration requirements, see "DOJ Issues Final Rule on Registration of Nonimmigrants," Immigrants' Rights Update, Sept. 10, 2002, p. 3; "DOJ Proposes Rules to Monitor Certain Nonimmigrants," IRU, July 29, 2002, p. 2; and "INS Issues Notices and Guidance to Implement Special Registration Requirements for Certain Nonimmigrants," IRU, Oct. 21, 2002, p. 1.)

The requirements announced in the first notice apply to males born on or before Nov. 15, 1986 (i.e., who are 16 years old or older); who are nationals or citizens of Iran, Iraq, Libya, Sudan, or Syria; who were inspected and last admitted to the U.S. on or before Sept. 10, 2002; and who will remain in the U.S. until at least Dec. 16, 2002. To register, such nonimmigrants must appear before an immigration officer at any of the locations listed in the appendix to the notice on or before Dec. 16, 2002.

The requirements announced in the second notice apply to males born on or before Dec. 2, 1986 who are nationals or citizens of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen; who were inspected and last admitted to the U.S. on or before Sept. 30, 2002; and who will remain in the U.S. until at least Jan. 10, 2003. Such nonimmigrants must appear at one of the designated locations on or before Jan. 10, 2003.

According to the notices, these nonimmigrants must present travel documents, including a passport, a Form I-94 issued upon admission, and any other forms of government-issued identification; proof of residence, including any land title, lease, or rental agreement; proof of matriculation at an educational institution (if applicable), and proof of employment (if they are employed). The notices also state that such individuals must present any other information requested by the immigration officer. Once registered as part of the NSEERS program, registrants must appear before the INS annually, within ten days of the anniversary of their registry date. They must also report any change of address on Form AR-11 within ten days of any move to a new residence or address.

The notices state that the special registration requirements apply to individuals even if they are dual citizens other countries not specified in the notices. The notices exempt lawful permanent residents, asylum applicants who applied for asylum on or before Nov. 6, 2002 (for the first notice) or Nov. 22, 2002 (for the second notice), asylees, and foreign diplomats from the special registration requirements.

67 Fed. Reg. 67,765-68 (Nov. 6, 2002) (first notice); 67 Fed. Reg. 70,525-28 (Nov. 22, 2002) (second notice).