More On Special Registration Requirements for NonImmigrants

On September 11, 2002, the Bush Administration rolled out a new special registration system for certain nonimmigrants.  The first phase of the special registration system, dubbed the National Security Entry Exit Registration System (NSEERS), requires that all citizens and nationals of Iran, Iraq, Libya, Sudan and Syria comply with the new monitoring requirements.

The second phase of the special registration system will be implemented on October 1, 2002.  The INS will begin utilizing three additional methods for identifying nonimmigrants who shall be subject to the special registration requirements.  The three new methods will be:

1. Individuals notified during primary inspection by the Interagency Border Inspection System (IBIS)
2. Individuals subject to pre-existing criteria as defined by the Attorney General
3. Officer Discretion

 

Notification during primary inspection by IBIS

While performing primary inspection, INS inspecting officers will receive alert notices from IBIS of certain nonimmigrant aliens who have been identified by the Attorney General or the Secretary of State as being subject to special registration.  Additionally, IBIS will alert INS inspection officers of individuals who have been exempted from special registration by the Attorney General or the Secretary of State.  A Department of State consular officer will place these alerts in IBIS.

Individuals subject to pre-existing criteria

The Attorney General has designated that all males between the ages of 16 and 45 who are citizens or nationals of Pakistan, Saudi Arabia, and Yemen are subject to special registration. This is in addition to nationals of Sudan, Iran, Iraq, Syria and Libya who were identified in Phase I.  INS workers are instructed to remain vigilant and to verify the age of all males from these countries to secure that all individuals subject to special registration are properly identified.

Officer Discretion

Regardless of nationality, an individual may be subject to special registration if an INS inspection officer believes that monitoring the individual’s presence would be in the interest of national security.  This discretionary determination by an INS inspection officer will solely be based on pre-existing criteria established by the Attorney General.  The factors are if the nonimmigrant:

1. Has made unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia, or Malaysia or the alien’s explanation of the trips lacks credibility.
2. Has engaged in other travel, not well explained by the alien’s job or other legitimate circumstances.
3. Has previously overstayed in the United States on a nonimmigrant visa, and monitoring the individual is appropriate in the interest of national security.
4. Meets characteristics established by current intelligence updates and advisories.
5. Is identified by local, state, or federal law enforcement as requiring monitoring in the interest of national security.
6. Behaves or portrays him/herself in a manner that indicates that the alien should be monitored in the interest of national security.
7. Provides information that causes the immigration officer to reasonably determine that the individual requires monitoring in the interest of national security.

 
After an INS inspection officer makes this discretionary determination, the decision to refer a nonimmigrant to special registration must be concurred by a supervisory immigration officer. The INS district director shall determine the level of the supervisory officer who will make this concurring decision.