The Department of Homeland Security will announce today that it is scrapping key aspects of the controversial National Security Entry/Exit Registration System (NSEERS) program, commonly referred to as “Special Registration.” The program has required male nationals of more than two dozen countries (mostly in the Middle East) to report to Department of Homeland Security offices around the US to be fingerprinted, photographed and interviewed. Of the 70,000+ individuals interviewed, more than 13,000 have been placed in deportation proceedings.

Two aspects of the program will be scrapped.  Those subject to the NSEERS rules must report in for processing within 30 days of entering the US as well as annually at a set time each year. Both of these requirements are being suspended under the new rules.

However, registration at ports of entry, at the time of departing the US and on a “case-by-case” basis, at DHS’s discretion, will continue. 

In place of the previous requirement, the new rule will allow DHS, as a matter of discretion, to notify individual nonimmigrant visitors subject to NSEERS registration to appear for one or more additional continuing registration interviews in those particular cases “where it may be necessary to determine whether the visitor is complying with the conditions of his or her nonimmigrant visa status and admission.”

Individuals who were previously required to re-register will no longer have to register unless they are specifically called in to register as one of the “case-by-case” registrants.

The American Immigration Lawyers Association was pleased by the decision, though complained that it does not go far enough.

“While we are pleased that the Department has suspended some aspects of this failed program, the program in its entirety should be terminated.  AILA long has maintained that NSEERS is a false solution to a real problem and does not make us safer. It was deeply flawed when it was implemented and remains flawed today, more than one year after its implementation.  Furthermore, not one individual has been charged with terrorism as a result of this program,” said Jeanne Butterfield, Executive Director of the American Immigration Lawyers Association (AILA). 

“The changes DHS announced today demonstrate that the program has been a failure,” said Judith Golub, AILA’s Senior Director of Advocacy and Public Affairs. “We hope that DHS’s actions today reflect their willingness to review other failed measures that the Department of Justice had initiated.  These programs have not made us safer. What have they done? They have left immigrant communities feeling besieged, harmed our relations with foreign governments, and wasted precious resources.  In fact, according to the DHS, the changes announced today will allow the agency to reallocate almost 62,000 work hours.  Just think if they never had implemented this program, what a difference that many work hours could have made to a program that really enhanced our security,” continued Golub. 

Other immigration advocates questioned how successful the call in program will be, particularly if one does not receive notification to come in for questioning. The current system is at least predictable, such critics contend.

In its explanation of the new rule, the Department of Homeland Security addressed the issue of whether people required to re-register already who did not do so would be penalized. The answer to the question is yes, according to the DHS. Asked whether this is fair, the agency offered this comment:

“Is it fair that some of the walk-in registrants have to re-register under the threat of breaking the law when others whose one year anniversary that falls later won't have to do so and are not threatened as a result? 

Whenever a law or regulation is changed, it affects the activity required by people to be in compliance with the law; changing registration requirements is not unique in that regard.   DHS will continue to have the ability to require visitors to check in periodically with the department and will need to use that tool on occasion so some visitors who are currently scheduled to re-register in April may still be asked to do so individually even after the new regulation eliminates the group re-registration requirement.”

The DHS claims that NSEERS was a success and believes that the SEVIS program to track foreign students and exchange visitors and the new US-VISIT entry-exit tracking program (which starts up next month), will “take care of most of the NSEERS requirements.”