After the Department of Homeland Security (DHS) released its announcement “ending” Special Registration last week, many individuals with Special Registration requirements assumed that the Special Registration was history.  However, the DHS did not suspend the entire program and immigration advocates are worried that affected individuals will not get the word that they may still be subject to certain registration requirements.  The major change to Special Registration is the end of the annual re-registration for all registrants and the 30/40-day follow-up interviews for port-of-entry applicants.  All other aspects of the program remain unchanged.  Anyone who does not comply with the requirements of Special Registration may be subjected to criminal prosecution, deportation and removal proceedings, denial of immigration benefits or denial of admission to the US.

The new rule implemented on December 2, 2003 applies only to those individuals whose re-registration deadline or 30/40-day deadline is on or after this date.  Anyone who missed the deadline before December 2 is considered to have violated Special Registration.  The new rule does not excuse past failure to comply with call-in deadlines, annual registration deadlines or the follow-up interview.  Also, the new rule does nothing for those individuals who were placed in removal proceedings when they appeared for the call-in.

All Special Registrants are still required to complete their departure registration at a qualified airport and report any change of address, employment or educational institution.  Any nonimmigrants who are citizens or nationals of Iraq, Iran, Libya, Sudan and Syria who enter the country at a port-of-entry will be subject to Special Registration.  Nonimmigrants from other countries may be subject to Special Registration as well, on a case-by-case basis.

DHS may require certain individuals to re-register at any time, with only ten days notice.  Anyone who has ever been registered under Special Registration should watch for information regarding re-registration.

The new rule regarding Special Registration is an interim rule.  It is subject to a 60-day public comment period.  After this period, DHS could publish a final rule or leave the interim rule in place.  If a final rule is published, it may include further changes.  DHS may issue new rules and regulations regarding Special Registration at any time.