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Special Registration Program Update

December 2003

Just as the first group of foreign nationals registered through "Call-in" Special Registration were due for re-registration, the Department of Homeland Security (DHS) announced several significant changes to the program. On December 2, 2003, DHS issued new regulations pertaining to NSEERS (National Security Entry Exit Registration System), which is comprised of both the call-in and port-of-entry registration programs. While immigration advocates welcomed these changes, they also pointed out that a number of troubling provisions remain. For its part, DHS asserted that its new regulations were not a result of public pressure and maintained that NSEERS has yielded valuable information.

DHS's New Interim Rule Makes the Following Changes, Effective 12/2/03:

  • The annual re-registration requirement for both call-in registrants and port-of-entry registrants is suspended.
  • Port-of-entry registrants are no longer required to appear for a 30-day follow-up interview.
  • Students who are monitored through SEVIS (Student and Exchange Visitor Information System) do not have to provide duplicate information to NSEERS.

The Following Provisions Remain in Effect:

  • Registration continues at ports of entry for nationals of Iran, Iraq, Syria, Libya, and Sudan. DHS retains the right to register other foreign nationals on a case-by-case basis. (While US VISIT, expected to be implemented in early 2004, will register visa-holders regardless of country of origin, the details of the program and its relationship to NSEERS are unclear.)
  • Both call-in and port-of-entry registrants are still subject to departure registration. This can only take place at specially designated ports and must be conducted by a DHS Customs and Border Protection (CBP) officer.
  • Persons who have registered and remain in the US for longer than 30 days must notify DHS of any changes in residence, employment, or educational institution within 10 days of such a change.
  • DHS has the authority to require re-registration for selected individuals or to designate new groups for registration in the future. Notification can be sent via mail or, for new groups, posted in the Federal Register.

Persons Who Will Continue to be Affected by NSEERS Include:

  • All persons registered through call-in or port-of-entry programs must go through departure registration. Advocates object to the strict requirements (registration can only be conducted as designated ports by a CBP officer) and are further troubled by the practical difficulties, such as locating the proper official in a timely fashion, facing individuals trying to fulfill this requirement. Failure to comply properly will result in future inadmissibility into the US.
  • 13,799 individuals who registered with NSEERS are subject to deportation proceedings. While some of these individuals were found to be without lawful immigration status, many others had change-of-status applications pending with DHS. Because of lengthy processing delays and poor communication between enforcement and services branches of DHS, individuals with legitimate claims to visas or green cards could be deported.
  • Individuals for whom the 1-year re-registration deadline fell prior to the 12/2/03 DHS revisions were still subject to the re-registration requirement. Some of these individuals may have failed to register because of fear of the implementation problems plaguing the initial program and so now face possible detention, deportation, and criminal penalties.
  • Individuals must notify DHS within 10 days of any change of residency or occupation. Advocates cite this time frame as too narrow for individuals to be required to comply, especially because failure to do so can constitute grounds for removal (although this is rarely enforced).
  • Those individuals selected for re-registration by DHS will be notified via mail and required to present themselves within 10 days. Because of the possibility that mail could be lost, an individual could be out of town, or DHS could have an outdated address (as there is a lengthy backlog in the processing of change-of-address forms), advocates have voiced concerns with this provision.