Special Registration Timeline

1. Pre-9/11/01 Activity

• 1/16/91: Federal Register Rulemaking: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US [56 FR 1566]

1. DOJ requires certain nonimmigrants bearing Iraqi or Kuwaiti travel documents, seeking entry into US, to be registered and fingerprinted

• 12/23/93: Federal Register Rulemaking: Interim Rule Removes Registration Requirements [58 FR 68024]

1. nonimmigrants seeking entry into US, and bearing Iraqi or Kuwaiti travel documents, no longer required to submit to registration and fingerprinting
2. Attorney General (AG) may require certain nonimmigrants from specific countries to be registered and fingerprinted upon arrival in US, pursuant to section 263(a)(5) of INA; 8 U.S.C. 1303(a)(5)

• countries subject to this requirement will be announced by public notice in Federal Register

• 12/23/93: Public Notice: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US [58 FR 68157]

1. effective 12/23/93, all nonimmigrants bearing Iraqi or Sudanese travel documents who apply for admission to the United States, except those applying for admission under section 101(a)(15)(A) or 101(a)(15)(G) of INA (relating to foreign govt. officials), required to be registered and fingerprinted by INS at US port-of-entry (POE)

• 9/5/96: Public Notice: Registration & Fingerprinting Required of Certain Nonimmigrants Seeking Entry to US [61 FR 46829]

1. effective 9/5/96, all nonimmigrants bearing Iranian or Libyan travel documents who apply for admission to the United States, except those applying for admission under section 101(a)(15)(A) or 101(a)(15)(G) of INA (relating to foreign govt. officials), required to be registered and fingerprinted by INS at US POE

• 7/21/98: Fingerprints & Photographs Required for Nationals of 4 Countries Upon Admission [63 FR 39109]

1. 4 countries designated for Registration:
   1. Iran
   2. Iraq
   3. Libya
   4. d. Sudan

2. 10/26/01: Statute: USA Patriot Act signed into law

• Congress requires that DOJ develop an entry-exit tracking system by 2005, to monitor the whereabouts of all non-immigrant aliens entering the US.

3. 6/6/02: Press Conference: NSEERS Proposed Rule announced

• Without consulting Congress, Attorney General Ashcroft announces the forthcoming implementation of the National Security Entry-Exit Registration System (NSEERS), the first phase in the entry-exit tracking system mandated by Congress
• this “Special Registration” consists of three components:

1. fingerprinting & photographing at the US POE
2. periodic registration of non-immigrant aliens who stay in US 30 days or more
3. “exit controls” to help INS remove aliens who overstay their visas

4. 6/13/02: Federal Register Rulemaking: NSEERS Proposed Rule published [67 FR 40581]

5. 8/12/02: Federal Register Rulemaking: NSEERS Final Rule published [67 FR 52584]

• Special Registration applies only to certain targeted individuals among the 35 million non-immigrant aliens who enter the US annually:

1. aliens from selected countries specified in future FR notices
2. individual non-immigrant aliens designated either by consular officer abroad or inspection officer at POE, based on information such officers believe indicates the need for close monitoring of that alien

• targeted non-immigrant aliens must provide detailed and frequent information to INS “to ensure that they comply with the conditions of their visas and admissions”:

1. upon arrival in US at designated POE
2. in person at an INS Service office, between 30 and 40 days after date of arrival
3. in person at an INS District office, within 10 days before or 10 days after anniversary date of arrival, and every 12 months thereafter
4. in writing, upon changes in address, employment, or school
5. upon departure from US at designated POE

• registration procedures include fingerprinting and photographs, to be taken at designated POE upon arrival in US (pursuant to pre-existing 8 USC 1302(a)). Practice to date has been to follow the general provisions set forth in 8 CFR 264.1(e), waiving these fingerprint requirements, as allowed for by 8 USC 1302(c).
   
• Rule to take effect 9/11/02

6. 8/13/02: Press Conference: AG Ashcroft Announces Partial Implementation of NSEERS

• Syria added to the four countries designated for registration in 1998 (see item #1 above: 63 FR 39109), bringing total to five:

1. Iran
2. Iraq
3. Libya
4. Sudan
5. Syria

• after initial 20 day evaluation period at selected POEs, set to begin 9/11/02, all remaining POEs, including land, air and sea POEs, will have NSEERS in place 10/1/02

7. 9/5/02: INS Memo: “Secret Memo” adds certain persons from 3 countries to Special Registration list

• confidential memo sent by Johnny Williams, Executive Assoc. Commissioner in the Office of Field Operations at INS, instructs Inspecting Officers at US POEs to designate for Special Registration “males between 16 and 45” who the officer “has reason to believe are citizens or national (sic) of Pakistan, Saudi Arabia or Yemen.”
• to date, nationals of two of these three countries (Pakistan & Saudi Arabia) have not yet been officially designated for Special Registration via public notice in FR. Only Yemen has been added to the list as of 11/27/02 (see notice of 11/22/02, published in 67 FR 70526), and was added only to the list of those required to report for “call-in” registration.
• Regardless of nationality, individuals who have “made unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia” may also be designated for Special Registration, at the discretion of the Inspecting Officer at the US POE

8. 9/6/02: Federal Register Notice: Five Countries Designated for Special Registration [67 FR 57032]

1. Iran
2. Iraq
3. Libya
4. Sudan
5. Syria

9. 9. 9/11/02: Federal Register Rulemaking: Final Rule of 8/12/02 (see item #5 above: 67 FR 52584) takes effect
    
10. 10. 9/30/02: Federal Register Notice: Notice of Designated POE [67 FR 61352]

• effective October 1, non-immigrant aliens subject to Special Registration can only leave the US through one of the designated POE listed in FR notice
• as list of POE available for Special Registration expands, notice will be published in FR

11. 10/9/02: INS Announcement: INS issues clarification on Special Registration Interviews

• to dispel erroneous rumors being circulated among foreign students in US, INS reiterates that Special Registration interviews are only required of those non-immigrant aliens who were registered upon arrival at the US POE, and who were notified at that time that they must appear for a subsequent interview

12. 11/6/02: Federal Register Notice: “Call-In” Requirements for Special Registration for Persons Already in US [67 FR 67766]

• effective 11/15/02, the following non-immigrants are required to register and provide additional information to INS on or before 12/16/02:

1. males born on or before 11/15/86

and

2. who are nationals or citizens of one of the five countries designated for Special Registration (see item #8 above: 67 FR 57032)

and

3. who entered US on or before 9/10/02, and will remain in the US at least until 12/16/02

• all aliens designated for such Special Registration are required to appear before an Immigration Officer on or before 12/16/02, at one of the locations listed in the appendix to 11/6/02 notice
• change of address requirements must be fulfilled within 10 days of such change, using Form AR-11SR
• willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
• these Special Registration requirements do not apply to LPRs, asylees or aliens who have applied for asylum on or before 11/6/02

13. 11/22/02: Federal Register Notice: Thirteen Additional Countries Designated for “Call-In” Registration [67 FR 70526]

• effective 12/2/02, the following non-immigrant aliens are required to register and provide additional information to INS on or before 1/10/03:

1. males born on or before 12/2/86

and

2. who are nationals or citizens of one of the thirteen additional countries designated for Special Registration in this notice

and

3. who entered US on or before 9/30/02, and will remain in US at least until 1/10/03

• the 13 additional countries designated for Special Registration are:

1. Afghanistan
2. Algeria
3. Bahrain
4. Eritrea
5. Lebanon
6. Morocco
7. North Korea
8. Oman
9. Qatar
10. Somalia
11. Tunisia
12. United Arab Emirates
13. Yemen

• change of address requirements must be fulfilled within 10 days of such change, using Form AR-11
• willful failure to comply with Special Registration requirements without a reasonable excuse constitutes a failure to maintain non-immigrant status, and may result in deportation and subsequent inadmissibility
• these Special Registration requirements do not apply to LPRs, asylees or aliens who have applied for asylum on or before 11/22/02