Copland and Brenner

Table of Contents

1. Special Registration Update: Bangladesh, Egypt, Indonesia, Jordan, Kuwait
2. NSEERS Summar
3. Conclusion
4. Student and Exchange Visitor Information System Deadline Extended
5. Update: The Department of Homeland Security
6. INS Fees Reduced

1. Special Registration Update: Bangladesh, Egypt, Indonesia, Jordan, KuwaitOn January 16, 2003, the Immigration and Naturalization Service (“INS”) published a notice in the Federal Register concerning Group IV of countries affected by the National Security Entry-Exit Registration System (“NSEERS”). The notice applies to any male citizen or national of Bangladesh, Egypt, Indonesia, Jordan or Kuwait, 16 years of age and older, admitted to the U.S.A. as a nonimmigrant on or before September 30, 2002, who will remain in the U.S.A. until after March 28, 2003. Males who meet each of the above criteria must appear for registration at a designated INS office between February 24, 2003 and March 28, 2003.
   
   Exempt from the registration requirement are aliens from the five affected countries who satisfy any one of the following criteria:
   - females of all ages, or a male who:
   - holds lawful permanent resident status, or
   - had an application for asylum pending on the date of publication (i.e., January 16, 2003), or
   - has been granted asylum, or
   -was admitted to the U.S.A. as a government official such as an ambassador, diplomat or consular officer under INA Section 101(a)(1)(15)(A) or a principal resident representative of a foreign government under INA Section 101(a)(1)(15)(G) (i.e., nonimmigrants in the “A” and “G” classifications)
   
   As we have reported previously, the registration process involves appearing at a designated INS office, being photographed and fingerprinted, and providing answers under oath to an INS officer. Risks inherent in complying with the mandate to register including being referred to the INS Investigations Section, being detained, and being placed in removal proceedings.
   
   Ongoing obligations for special registrants include timely notice to the INS of any change of address, employment or educational institution. Such changes must be reported on INS Form AR-11 SR. Failure to report is punishable by fine or imprisonment and/or deportation. In addition, all special registrants who remain in the U.S.A. for one year or longer after the date of initial registration must comply with an annual reporting requirement. This mandates that affected aliens report to a designated INS office within ten days of the anniversary date on which they initially registered.
   
2. NSEERS SummarTwenty-five countries are now covered by NSEERS. For Groups I and II, the registration periods have been reopened as indicated below.
   
   Group I - Iran, Iraq, Libya, Sudan and Syria: The registration period was reopened on January 27 and now expires on February 7, 2003.
   
   Group Two – Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunesia, United Arab Emirates and Yemen: registration period was reopened on January 27 and now expires on February 7, 2003.
   
   Group Three – Pakistan and Saudi Arabia: Registration period expires on February 21, 2003.
   
   It is important to note the following:
   
   - Group I aliens already in the U.S. and who were registered at a port of entry on or after September 11, 2002 are subject not only to the registration procedures mandated upon entry to the U.S.A., but also those applicable during any stay in the U.S.A.
   - aliens subject to special registration must use specially designated ports of departure when they leave the country and must report in person to an INS officer at the port on their departure date. Failure to comply may result in an alien being presumed inadmissible to the U.S.A. on security grounds involving an “unlawful activity”
   - aliens from affected countries who have applied for, but have not been granted, lawful permanent resident status must register
   - according to the INS, “[T]hose who claim citizenship from countries included in the Call-In Groups are required to register even if they are also citizens of another country.”
3. ConclusionUnder the USA PATRIOT Act of 2001, most aliens temporarily in the U.S.A. will eventually be required to register under NSEERS. Therefore, the countries and the sheer number of aliens affected by NSEERS will only increase.
   
   Mindful that failure to register as required carries harsh penalties, aliens must become informed of their obligations under NSEERS and the potential consequences of failing to register. Persons with any concerns regarding their immigration history or status should seek advice from a qualified immigration practitioner.
   
   Since penalties for failure to comply are potentially very harsh, we recommend that readers refer to the INS web site (http://www.ins.gov/graphics/lawenfor/specialreg/index.htm) for ongoing updates regarding requirements and procedures.
4. Student and Exchange Visitor Information System Deadline ExtendedIn late January, the INS web site posted a notice authorizing a grace period until February 15, 2003 for educational institutions to comply with new registration, reporting and record-keeping requirements for under the Student and Exchange Visitor Information System (“SEVIS”). The grace period extends the deadline by which the INS “will continue to accept forms issued under the previous paper system to accommodate schools that may have initial difficulty accessing or using” SEVIS. After February 15, the INS will accept only forms issued through SEVIS for “M-1,” “F-1,” “J-1,” F-3” and “M-3”nonimmigrants at U.S. educational institutions.
   
   Educational institutions, foreign students, exchange visitor sponsors and participant seeking additional information regarding compliance with SEVIS requirements may refer to last month’s edition of Immigration News and the INS web site at www.ins.gov.
   
5. Update: The Department of Homeland SecurityOn January 22, 2003, Tom Ridge was confirmed as the first Secretary of the Department of Homeland Security (“DHS”) by a Senate vote of 94-0. The DHS was established as a new component of the executive branch of the federal government pursuant to the Homeland Security Act (“HSA”), signed into law by President Bush in November 2002. On January 24, 2003, the new Department of Homeland Security became official. Now, as they say, for the hard part – a complete structural overhaul of 22 federal agencies responsible for the security of the U.S.A. at its borders and within the interior.
   
   The DHS is composed of five divisions, or “Directorates” plus several entities which will remain separate components within the Department. The five Directorates are as follows: Border and Transportation Security, Emergency Preparedness and Response, Science and Technology, Information Analysis and Infrastructure Protection, and Management. Entities which will be part of the DHS but outside the five Directorates include the Coast Guard, the Secret Service and the Bureau of Citizenship and Immigration Services (“BCIS”).
   
   Effective March 1, 2003, the INS will be dissolved and its enforcement and benefits functions will be administered by separate components within the DHS. The BCIS will assume responsibility for the benefits side of the equation (naturalization, green cards, nonimmigrant status changes and extensions, etc.). The Director of Citizenship and Immigration Services (not yet appointed) will report directly to the Deputy Secretary of Homeland Defense.
   As to the enforcement side of the equation, immigration functions will be part of the Directorate of Border and Transportation Security (“BTS”). On January 30, Asa Hutchinson was sworn in as the first Undersecretary for BTS. Undersecretary Hutchinson was most recently the Administrator of the Drug Enforcement Administration – another federal agency under criticism. According to a February 5, 2003 New York Times article, the DEA is the subject of “an unusually harsh critique” by the White House Office of Management and Budget, which accused the agency of being “unable to demonstrate progress in reducing the availability of illegal drugs in the United States.”
   
   Also on January 30, the DHS issued a fact sheet regarding “border reorganization,” reflecting structural changes to the Reorganization Plan provided upon enactment of the HSA. Within the Directorate of BTS, the DHS has created two new agencies. One, the Bureau of Customs and Border Protection (“BCBP”), will assume the border protection and inspection functions of INS, Customs and the Animal and Plant Health and Inspection Service. The BCCP is intended to restructure and coordinate all functions involved in securing U.S. borders, facilitating the movement of legitimate trade and travelers. Approximately 30,000 employees of existing agencies are affected by this reorganization. Customs Commissioner Robert C. Bonner has been appointed as head of the BCCP.
   
   The second BTS component, the Bureau of Immigration and Customs Enforcement (“BICE”), will assume the investigative and enforcement duties of Customs, INS and the Federal Protective Service (FPS) to focus exclusively on criminal investigations and enforcement of the nation's immigration and customs laws, including locating and removing aliens who are in the United States illegally. Approximately 14,000 federal employees are affected by the restructuring into the BICE. INS Commissioner Michael Garcia has been appointed to head the BICE.
   
   The Administration has requested a budget of $36.2 billion to fund DHS activities for fiscal year 2004. Of that total, half - $18.1 billion – would be devoted to BTS, “to increase border and transportation security.” That $18.1 million doubles the funding level of 2002. By comparison, the budget request
   “includes $1.8 billion for Citizen and Immigration Services, an increase of $143 million (8.6) percent over the 2003 level, to support further improvements in application processing as well as the projected application volume.” This request “continues the President’s $500 million initiative to reduce the backlog of applications and ensure a six-month processing standard for all applications.” (emphasis added) In other words, a paltry increase for the benefits side of the equation, but plenty for enforcement.
   
   Under the HAS, Secretary Ridge has until January 24, 2004 to bring each of the 22 affected agencies into the new Department. Like the INS, most agencies are expected to move into the DHS by March 1, 2003. For at least several months, however, any changes involving DHS are expected to be largely structural.
   
   We look forward to providing our readers with progress updates and analysis regarding the new Department as it develops. In the meantime, readers seeking to familiarize themselves with the DHS, its components and their responsibilities may point their browser to the Department’s new web site at www.dhs.gov
6. INS Fees ReducedBy interim rule published in the Federal Register on January 24, 2003, the INS reduced many of its filing fees, effective immediately. The changes are the result of language in the Homeland Security Act which, intentionally or otherwise, eliminated the statutory basis for surcharges which funded asylum and refugee services that are provided at no charge. Because the fee changes are the result of a statutory change, Congress must act again if they are to be increased. A list of the revised fee schedule is available online at the INS web site at http://www.ins.gov/graphics/formsfee/forms/index.htm.