Responding to the September 11th terrorist attacks, Congress passed the USA PATRIOT Act in October of 2001. Among the many new requirements imposed by the law is a special registration system for nonimmigrants from designated countries. The registration system is designed in part as a substitute for a larger entry-exit system, which many have wanted to impose since 1996, but has, for various reasons, never been fully implemented. The special registration system, in addition to tracking entries and exits of those subject to it, also requires that designated individuals periodically report to the INS, and keep the agency informed of any changes in their situation while in the US.
All nationals of Iran, Iraq, Libya, Sudan and Syria must comply with the new special registration requirements, as must any individual designated to do so by a consular officer or by an INS inspector. Upon entry to the US, they will be photographed, fingerprinted and interviewed and this information will be stored in an INS database. The fingerprints will immediately be run through a database of known criminals and suspected terrorists, which, according to the INS, will take less than two minutes. The INS hopes to have the entire entry procedure completed within five to ten minutes.
Any person subject to special registration who remains in the US for 30 days or longer must appear in person in a designated INS office between 30 and 40 days after their entry for an interview and registration. They must then appear in person each and every year, no later than 10 days from the anniversary of initial arrival date into the U.S. A list of designated INS interviewing offices for special registration will be given to nonimmigrants upon their initial registration at the port of entry. No appointment is needed for the interview; but the INS recommends that the person come in the morning. The following information will need to be provided:
- Proof of tenancy at stated U. address (e.g. rental contact, mortgage); or
- Proof of enrollment at educational institution (for student-visa holders); or
- Proof of employment (for work-visa holders)
Failure to comply with the registration requirements will result in the alien’s name being turned over to law enforcement, and the alien would be subject to a $1,000 fine, incarceration and possible removal from the country.
In addition, if the alien fails to comply, his name would be added to the National Crime Information Center’s “wants and warrants” list. If local police happened to stop him or her because of a traffic violation, upon checking the NCIC list they would discover that the person was in violation of immigration laws. The police would be able to detain him, call an INS Quick Response Team, and transfer him to the custody of the INS.
Registered nonimmigrants that remain in the US for 30 days or longer are required to report any change of address, employment, or educational institution in writing to the INS on Form AR-11 within 10 days of the change. Upon departure, registered nonimmigrants must depart only through one of the designated ports of departure after October 1, 2002. Such exit records are necessary to help identify and apprehend those aliens who overstay their visas. An alien’s failure to report his exit would render him ineligible to return to the United States. Departure includes visits to Mexico, Canada or adjacent Islands. Non-complying aliens will be considered out of status.