DOJ Expands "Call-in" Special Registration, Grants Extensions of the Registration Periods for All Groups

IMMIGRATION LAW & POLICY

Arrest and Detention

DOJ EXPANDS "CALL-IN" SPECIAL REGISTRATION, GRANTS EXTENSIONS OF THE REGISTRATION PERIODS FOR ALL GROUPS
Immigrants' Rights Update, Vol. 17, No. 1, February 21, 2003

The attorney general has published a notice in the Federal Register that applies the "call-in" special registration requirements of the National Security Entry-Exit Registration System (NSEERS) to additional nationalities, as well as two additional notices that grant extensions of the registration periods to individuals who were required to report under each of the four call-in notices that have been issued to date.

The notice designating additional nationalities for the NSEERS is the fourth such notice to be issued. It requires certain male citizens or nationals of Bangladesh, Egypt, Indonesia, Jordan, and Kuwait, who were inspected and admitted to the United States as nonimmigrants on or before Sept. 30, 2002, to report to the Immigration and Naturalization Service to be registered. The notice required such individuals to appear in person at an INS office between Feb. 24 and Mar. 28, 2003, or face the possible loss of their status and be subject to removal; however, as explained below, the Group IV registration deadline has since been extended to Apr. 25, 2003. As was the case with the three prior notices that have been issued since Nov. 2002, 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 U.S. as nonimmigrants.

The other two new notices provide additional registration periods for individuals who were required to register by one of the four call-in notices (i.e., for persons in Groups I , II, III, or IV) designating nationalities for the NSEERS.

The first call-in notice required categories of nationals of Iran, Iraq, Libya, Sudan, and Syria (Group I) 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 (Group II) to register by Jan. 10, 2003. (For more information about the first two 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 third call-in notice required certain nationals of Pakistan and Saudi Arabia (Group III) to register between Jan. 13 and Feb. 21, 2003 (however, as explained below, the Group III deadline has since been extended to Mar. 21, 2003). Although Armenia was initially listed on the third notice, the INS later issued a press statement explaining that the listing was in error. On Dec. 18, 2002, the agency published a revised version of the notice that did not include Armenia as a designated country.

Immigrant communities have experienced substantial confusion and fear concerning the call-in program, particularly in the wake of massive arrests made at some INS offices of people in Group I who came forward to register. Many registrants were detained and placed in removal proceedings for technical violations of status, including individuals who had applied to adjust status and had been granted employment authorization.

In response to widespread criticism of the Group I arrests, INS offices have generally decided against detaining individuals with pending adjustment cases, absent criminal or other adverse factors. The first notice providing for an additional registration period was issued in recognition of the fact that many people required to register in Groups I and II did not get notice of the requirements. Under the notice, such persons now have from Jan. 27 through Feb. 7, 2003, to register. The Federal Register notice announcing the additional period also clarifies that registration during this period "will be considered to have been made in a timely fashion." A subsequent Federal Register notice extends the deadline for Group III to Mar. 21, 2003, and the registration period for Group IV to the period from Feb. 24 through Apr. 25, 2003.

The requirements announced in the fourth call-in notice (Group IV) apply to males born on or before Feb. 24, 1987 (i.e., those who are 16 years old or older); who are nationals or citizens of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait 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 after Mar. 21, 2003.

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, individuals who had asylum applications pending on Jan. 16, 2003, asylees, and foreign diplomats from the special registration requirements. By its terms, the call-in requirement applies only to individuals whose last entry was as a nonimmigrant; therefore, it would not apply to individuals who entered the U.S. without inspection or who were paroled into the country.

To register, such individuals must appear before an immigration officer at one of the locations listed in the appendix to the notice at some time between Feb. 24 and Apr. 25, 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, and when they leave the U.S. they must depart from a specified port of entry and register again upon departure.

68 Fed. Reg. 2,363-66 (Jan. 16, 2003) (Group IV);
68 Fed. Reg. 2,366-67 (Jan. 16, 2003) (new period for Groups I and II);
68 Fed. Reg. 8,046-47 (Feb. 19, 2003) (extending periods for Groups III and IV).