DOJ Expands "Call-In" Special Registration to Additional Nationalities

IMMIGRATION LAW & POLICY

Arrest and Detention

DOJ EXPANDS "CALL-IN" SPECIAL REGISTRATION TO ADDITIONAL NATIONALITIES
Immigrants' Rights Update, Vol. 16, No. 8, December 23, 2002

The attorney general has published a notice in the Federal Register requiring certain nationals of two additional countries, Pakistan and Saudi Arabia, to report to the Immigration and Naturalization Service and be registered under the National Security Entry-Exit Registration System (NSEERS). As was the case with two other such notices issued this fall, the new requirement applies to individuals who were not given any notice concerning the special registration requirements at the time they were admitted to the United States as nonimmigrants. The first call-in notice required nationals of Iran, Iraq, Libya, Sudan, and Syria to register by Dec. 16, 2002; the second required nationals of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, and Yemen to register by Jan. 10, 2003. (For more information on the two prior notices, see "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, Nov. 22, 2002.)

The new "call-in" notice requires certain male citizens or nationals of Pakistan and Saudi Arabia who were admitted to the U.S. as nonimmigrants on or before Sept. 30, 2002, to appear in person at an INS office between Jan. 13 and Feb. 21, 2003, or face the possible loss of their status and be subject to removal. Armenia was also listed on the notice, but the INS issued a press statement stating that the listing was in error. On Dec. 18, 2002, the INS published a revised version of the notice that did not include Armenia as a designated country.

According to reports compiled by the American Immigration Lawyers' Association from attorneys and statements issued by INS offices, experiences of the call-in registration process to date have varied considerably at different offices across the countries. Despite the serious consequences of failing to register for individuals subject to the requirement, the INS has not made any significant national efforts to publicize the requirements in the affected immigrant communities. At some offices persons seeking to register were turned away because the office was not prepared to receive them. At others registrants have been asked to empty their wallets, and INS officers have recorded their credit card, bank account numbers, and other personal information. Waiting times of as long as four or five hours have been reported at some offices. Perhaps most troubling, at some offices the INS has detained and initiated removal proceedings against registrants for technical violations of status, despite the fact that the registrants are pursuing applications for adjustment of status and have been granted employment authorization.

It appears that generally people in this situation are being released on bond, and will be able to seek adjustment in proceedings. However, there have also been reports that individuals who entered the U.S. under the Visa Waiver Program may be subjected to summary removal (although none of the countries designated for call-in special registration are designated for the VWP, individuals from such countries who obtained citizenship in a third country and entered the U.S. under the VWP may be subject to call-in registration if they retained citizenship or nationality in a designated country). Because of the complex issues that such cases may present, individuals subject to the registration requirement should seek advice of counsel prior to registering.

The requirements announced in the most recent notice apply to males born on or before Jan. 13, 1987 (i.e., those who are 16 years old or older); who are nationals or citizens of Pakistan or Saudi Arabia; who were inspected and last admitted to the U.S. as nonimmigrants on or before Sept. 30, 2002; and who will remain in the U.S. until at least Feb. 21, 2003. To register, such individuals must appear before an immigration officer at any of the locations listed in the appendix to the notice at some time during the period starting on Jan. 13 and ending on Feb. 21, 2003.

According to the notice, registrants 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 notice also states that such registrants 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 notice states that the call-in special registration requirements apply to individuals who are nationals or citizens of the designated countries even if they hold dual nationality or citizenship with another country not specified in the notice. The notice exempts lawful permanent residents, asylum applicants who applied for asylum on or before Dec. 16, 2002, asylees, and foreign diplomats from the special registration requirements.

67 Fed. Reg. 77,136-38 (Dec. 16, 2002) (original notice); 67 Fed. Reg. 77,642-44 (Dec. 18, 2002) (revised notice).