Some Special Registration Requirements Ended, But Program Continues

IMMIGRATION LAW & POLICY

Arrest and Detention

Some special registration requirements ended, but program continues
Immigrants' Rights Update, Vol. 17, No. 8, December 18, 2003

Though it has been widely publicized that the Dept. of Homeland Security has ended the special registration program that requires certain nonimmigrant visitors-particularly those who are male citizens or nationals of predominantly Islamic countries-to report in person to an immigration office to register or reregister, in fact the DHS only has suspended the requirements (1) that all such registrants reregister annually and (2) that those who register at a port of entry report for a follow-up interview within 10 days of having been in the United States for 30 days. According to an advisory issued jointly by the American Immigration Lawyers Association (AILA) and the ACLU Immigrants' Rights Project, all other special registration-related requirements, as well as the program itself, "are not changed and remain in effect."

The consequences for those subject to special registration who fail to comply with all the continuing requirements can be dire. They could be denied admission to the U.S. on a subsequent attempt to enter, or be denied other immigration benefits, or be subject to criminal prosecution and/or removal proceedings.

The DHS interim rule suspending the annual re-registration and the 30-day follow-up interview requirements became effective the day it was published, Dec. 2, 2003. Any special registrant whose personal deadline to register or reregister fell before Dec. 2 and who willfully failed to do so before that deadline is considered to have violated the terms of his or her permission to be in the U.S. (For more on special registration-related deadlines, see "Deadlines Approaching for Re-registration under 'Call-In' Special Registration Program," IMMIGRANTS' RIGHTS UPDATE, Oct. 21, 2003, p. 6, and "DOJ Expands 'Call-In' Special Registration, Grants Extensions of the Registration Periods for All Groups," IRU, Feb. 21, 2003, p. 1.)

Nonimmigrants who were subject to "call-in" registration under the program (i.e., males who are nationals of 25 designated countries who entered the U.S. as nonimmigrants before port-of-entry registration began on Oct. 1, 2002), as well as those who were required to register when they entered the U.S. at a port of entry, must still report in person to a DHS inspecting officer before departing from the U.S. and are still required to depart only through specially designated ports. Though the interim rule provides that the latter requirement may be waived, the AILA-ACLU advisory warns that obtaining such a waiver could be difficult.

Persons who were or are specially registered and who remain in the U.S. for 30 days or more also are required to notify the DHS if they change their address or residence, or their employment, or, if they are on a student visa, where they are studying. Such a notification must be filed on Form AR-11 within 10 days of the change. (The form is available at www.uscis.gov.) However, nonimmigrants with F, J, or M visas whose information is entered in the Student and Exchange Visitor Information System (SEVIS) do not have to notify the DHS of address/residence or educational institution changes, so long as any such change is recorded in the SEVIS within 10 days of the change. Any change in employment, though, must be reported on the AR-11.

Nonimmigrants who are citizens or nationals of Iraq, Iran, Syria Libya, and Sudan are still subject collectively to special registration upon entering the U.S., and inspecting officers at ports of entry may require other nonimmigrant visitors to register on a case-by-case basis. In addition, under the interim rule the DHS may, at any time it chooses, require selected persons who have registered in the past to reregister; and it may, at its discretion, institute a new "call-in" registration for nonimmigrant visitors who have not previously been required to register. The rule provides that notification of any re-registration requirement to registrants or former registrants may be given via publication of a notice in the Federal Register, or through regular mail, or e-mail, or personal service. It is crucial, then, that registrants and former registrants remain carefully on the lookout for any such notices.

Since the rule that provides for the changes described above is an interim one, it also is possible that, when published, the final rule will make further changes in the special registration program. Those seeking to comment on the interim rule with the intent of affecting how the final rule is written must submit their comments in writing by Feb. 2, 2004. 68 Fed. Reg. 67578-84 (Dec. 2, 2003).