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Updated on April 04, 2005 |
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Introduction
The Alien Registration Act of 1940 first established the requirement that foreign nationals in the United States register their whereabouts with the Federal Government. In 1952, these procedures were incorporated into the sweeping Immigration and Nationality Act (INA) (8U.S.C.1101). Under the INA, the government requires that all aliens provide change of address notification within ten days of moving. However, due to logistical and budgetary hurdles, this provision of the law was rarely enforced.
Additionally, the INA allows for the Attorney General to call for "special registration" of certain aliens. This encompasses fingerprinting, photographing and registering non-citizens from countries designated by the Justice Department. Past special registrations include requirements before the first Gulf War that Iraqi and Kuwaiti citizens register because "(it) is necessary to protect and safeguard the interests and security of the United States as a precaution against reprisals…" Additionally, at various times since then, Sudanese, Libyan and Iranian nationals were required to register with the Justice Department under special registration guidelines.
The terms "nonimmigrant" and "alien" apply to legal immigrants who hold B, F-1, F-2, H, L, J, or TN visas.
Post September 11, 2001 special registration
On September 11, 2002, the Immigration and Naturalization Service (now part of the Department of Homeland Security) instituted the National Security Entry-Exit Registration System (NSEERS). NSEERS established requirements that all nonimmigrant seeking entry into the United States who are citizens of Iran, Iraq, Libya, Sudan and Syria must undergo fingerprinting, photographing, give personal and travel information, and be compared to a database of known criminals and terrorists. Additionally, if that person stays in the country for longer than 30 days, they must report to an immigration office to fill out more detailed forms. NSEERS established that reporting to immigration offices would become annual if the person stays longer than one year. Additionally, secret guidelines were established to add anyone else who constituted a national security threat to the required list of registrants.
Subsequent regulations required nonimmigrant males who were citizens of Iran, Iraq, Libya, Sudan and Syria and entered the United States before NSEERS went into effect to also comply with the special registration rules. By November 22, 2002, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE and Yemen were all added to the list of countries whose citizens would be required to be registered with the government. December 18, 2002 saw the addition of Pakistan and Saudi Arabia to the list. January 16, 2003 saw Bangladesh, Egypt, Indonesia, Jordan and Kuwait go onto the special registration list. As of September 30, 2003, the government had registered over 175,000 people.
On December 2, 2003, the Department of Homeland Security (DHS) dropped the requirement for people staying longer than 30 days to report to immigration offices to fill out further forms. Additionally, the annual requirement was also dropped. Under the new regulations, DHS can, at its discretion, require individuals it feels are a security risk to visit immigration offices for a further interview.
Selected Legislation
Senator Jon Kyl (R-AZ) introduced an amendment to the fiscal year 2003 Consolidated Appropriations Resolution (H.J.Res 2) that would have denied all funding for NSEERS, but did provide for a new, unspecified, entry-exit program. S.Amdt.54 was agreed to by unanimous consent in the Senate and was included in the final Senate version of the bill on January 23, 2003. However, the House of Representatives did provide funding for NSEERS. The final bill, signed into law of February 20, 2003 (P.L.108-7) stripped Senator Kyl's amendment and retained funding for NSEERS.
Additionally, Representative J. Gresham Barrett (R-SC) introduced H.R. 3522. This sweeping reform of the INA included a section on registration. Title 3 of the bill would require all aliens who enter the United States to register with the government under the special registration requirements (ie: fingerprints and personal/travel information).
This bill has five cosponsors and has been referred to the House Committee on the Judiciary's Subcommittee on Immigration, Border Security, and Claims. It has not received a hearing.
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Copyright © 2001-2004, Indian American Center for
Political Awareness. All rights reserved.
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