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BILL TO MODIFY BORDER ENTRY REGULATIONS BECOMES LAW

One of the most controversial immigration items dealt with by Congress in their most recent session is the implementation of Section 110 of the 1996 Immigration Act. That law required the INS to implement a new entry/exit control system at the nation's border crossing points by October 1st of this year. The measure is intended to keep track of foreign nationals who overstay their visas in the US.

Northern lawmakers were especially weary of the new law fearing it would create gridlock at the US-Canadian border and cost the US economy billions. Under the current system, Canadians can generally enter the US in seconds since they do not normally need a visa. Under the new system, each case at the border could take several minutes and could potentially cause people to wait in lines for several additional hours each way. Americans seeking to reenter the US from Canada would face the same queue.

Congress has been debating this issue all session with the House of Representatives supporting a one-year delay in implementation and the Senate favoring an outright repeal of the section.

The INS decided to hold off starting the program on October 1st since Congress was still debating the question. . The agency also said that it is nowhere close to having the technology ready to implement the law and will issue a report to Congress by January 1st.

Congress was unable to come up with a compromise in the normal legislative process and ultimately resolved the issue with language in the massive omnibus appropriations bill passed at the end of the session. A compromise was reached to allow an additional two and a half years before Section 110 would be implemented. The system now is to be in place by March 2000. Congress also added a provision to the statute that requires that system implemented at land borders would not significantly disrupt trade, tourism or other legitimate cross-border traffic.

Northern lawmakers have already indicated they will attempt to push through an outright repeal next year.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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