[Federal Register: June 13, 2002 (Volume 67, Number 114)]
[Rules and Regulations]
[Page 40581-40586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn02-1]
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Rules and Regulations
Federal Register
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[[Page 40581]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 214 and 264
[INS No. 2216-02; AG Order No. 2589-2002]
RIN 1115-AG70
Registration and Monitoring of Certain Nonimmigrants
AGENCY: Immigration and Naturalization Service; Justice.
ACTION: Proposed rule.
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SUMMARY: Recent terrorist incidents have underscored the need
to broaden the special registration requirements for nonimmigrant
aliens from certain designated countries, and other nonimmigrant
aliens whose presence in the United States requires closer
monitoring, to require that they provide specific information at
regular intervals to ensure their compliance with the terms of their
visas and admission,
and to ensure that they depart the United States at the end of their
authorized stay. This proposed rule
seeks to modify the existing requirements to require certain
nonimmigrant aliens to make specific
reports to the Immigration and Naturalization Service: upon arrival;
approximately 30 days after arrival; every twelve months after
arrival; upon certain events, such as a change of address,
employment, or
school; and at the time of departure from the United States.
DATES: Written comments must be received on or before July
15, 2002.
ADDRESSES: Please submit written comments to the Director,
Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW, Room 4034, Washington, DC 20536. To ensure proper
handling, please reference INS No. 2216-02 on your correspondence.
Comments may also be submitted electronically to the Service at
insregs@usdoj.gov.
When submitting comments electronically, please
include INS No. 2216-02 in the subject heading. Comments are
available
for public inspection at this location by calling (202) 514-3048 to
arrange for an appointment.
FOR FURTHER INFORMATION CONTACT: Dan Brown, Office of the
General
Counsel, Immigration and Naturalization Service, 425 I Street, NW,
Room
6100, Washington, DC 20536, telephone (202) 514-2895.
SUPPLEMENTARY INFORMATION: This proposed rule will apply only
to a small percentage of nonimmigrant aliens: nonimmigrant aliens
from selected countries specified in notices published in the
Federal
Register; and individual nonimmigrant aliens who are designated by a
consular officer outside the United States or an inspection officer
at the port of entry based on information that indicates the need
for
closer monitoring of the alien's compliance with the terms of his or
her visa or admission in the national security or law enforcement
interests of the United States. This proposed rule expands the
existing
special registration rule to require that these designated
nonimmigrant aliens provide more detailed and frequent information
to ensure that they comply with the conditions of their visas and
admissions, along
with their departures.
Currently, nonimmigrant aliens from Iran, Iraq,
Libya, and Sudan are subject to special fingerprinting requirements.
63 FR 39109 (July 21, 1998).
This proposed rule does not apply to nonimmigrant
aliens applying for admission to the United States under sections
101(a)(15)(A) (ambassador, public minister, career diplomat) or
101(a)(15)(G)
(representative or employees of an international organization) of
the Immigration and Nationality Act (``Act'').
General and Special Registration Requirements
Section 262(a) of the Act provides that all
aliens who have not previously been registered and fingerprinted,
pursuant to section 221(b) of the Act, have a duty to apply for
registration and to be
fingerprinted if they remain in the United States for 30 days or
longer. Under the existing regulations at 8 CFR 264.1(a), the
Immigration and Naturalization Service (``Service'') registers
nonimmigrants using Form I-94 (Arrival-Departure Record). As
authorized by section 262(c) of the Act, however, the Service's
existing regulations at 8 CFR 264.1(e) contain general provisions
waiving the fingerprinting requirement for many nonimmigrants.
Accordingly, most nonimmigrant aliens are admitted to the United
States without being
either fingerprinted or photographed.
Notwithstanding the general registration
requirements, section 263(a) of the Act also authorizes the Attorney
General to prescribe special regulations and forms for the
registration, among other classes, of ``aliens of any other class
not lawfully admitted to the United States for permanent
residence.'' Pursuant to this section, as well as the Attorney
General's general registration authority under section 262 of the
Act, the Attorney General promulgated 8 CFR 264.1(f), which
authorizes the Attorney General, by notice published in the Federal
Register, to direct that certain nonimmigrant aliens from designated
foreign countries be registered, fingerprinted, and photographed by
the Service at the port of entry at the time the
nonimmigrant aliens apply for admission. See 25 FR 10495 (Nov. 2,
1960) (final rule); 58 FR 68024 (Dec. 20, 1993) (interim rule), 63
FR 39109 (July 21, 1998) (notice).
Moreover, the Attorney General is authorized to prescribe
conditions for the admission of nonimmigrant aliens under section
214 of the Act. Section 215 of the Act provides for departure
control from
the United States. In addition, section 265 of the Act requires that
all aliens who remain in the United States for 30 days or more
(other than A or G nonimmigrants) must file a notice of change of
address with
the Attorney General within 10 days of any change of address.
This proposed rule provides for implementation of
these requirements for nonimmigrant aliens subject to special
registration.
However, this Supplementary Information also serves as a reminder
to all aliens (not just those nonimmigrant aliens subject to special
registration) of their legal obligations under section 265 of the
Act to notify the Attorney General, as delegated to the Service,
within 10 days of any change of address by filing the general change
of address form, Form AR-11.
[[Page 40582]]
Need for the Rule
The events of September 11, 2001, highlighted
weaknesses in the current immigration system, which does not provide
for the adequate collection of information on the activities and
whereabouts of
nonimmigrant aliens. Under existing regulations it is difficult to
determine if such aliens follow their stated plans while in the
United States, to determine if they have remained in the United
States beyond
their authorized period of stay, and to locate them when necessary.
Moreover, current procedures do not provide for the collection of
fingerprints at the port of entry from many aliens who present a
heightened risk of involvement in terrorist or criminal activity. In
conjunction with other changes in the regulations, this proposed
rule implements special registration requirements (including
fingerprinting, photographing, etc.) that will allow the Service to
improve
nonimmigrant compliance with the terms of their visas and
admissions.
The difference between the general requirements
and the special requirements is that the United States frequently
acquires information that indicates that a specific alien's or class
of aliens' activities within the United States should be more
closely monitored. Such aliens should be and will be required to
provide more information in their registration than other aliens to
permit their activities to be followed more closely and to ensure
compliance with the terms of their visas, including timely
departure.
In promulgating this proposed rule, the Attorney
General has determined that existing international conditions
require that certain classes of nonimmigrant aliens be required to
follow special registration procedures to better ensure the security
of the United States through closer monitoring of compliance with
the terms of their visas and admissions. The aliens in these classes
are referred to in the proposed rule as ``nonimmigrant aliens
subject to special registration.'' Nonimmigrant aliens subject to
special registration
will include those individual aliens whom the Attorney General or
the Secretary of State, through officials of their departments, have
determined should be monitored within the United States in order to
promote the nation's security or law enforcement interests. Such law
enforcement interests include the enforcement of national
immigration laws as well as the prevention of other criminal
activity. The Attorney General and the Secretary of State may
jointly exempt classes of nonimmigrant aliens subject to special
registration from that
registration. The Attorney General or the Secretary of State may
individually exempt an individual nonimmigrant alien from the
requirements of special registration.
Nonimmigrant Aliens Whom the Inspecting Officer Has Reason To
Believe Present a Heightened National Security or Law Enforcement
Risk
The proposed rule provides for supplemental
registration at the port of entry for any nonimmigrant whom the
inspecting official has reason to believe presents a national
security or law enforcement risk,
including the risk that the alien may violate the terms of his visa
or exceed his authorized period of stay. Accordingly, this proposed
rule would delegate authority to require the registration of a
nonimmigrant
alien whom the inspecting officer has reason to believe presents
such a risk. This determination will be made according to specific
criteria established by the Attorney General, in light of the
observations and
experience of the inspecting officers. The criteria, based on
experience, are expected to change over time, but the criteria must
be established and enunciated to the inspectors prior to their
application.
Form of Registration
In this proposed rule, the Attorney General
specifies that nonimmigrant aliens subject to special registration
must be fingerprinted and photographed, and must provide expanded
information
on a required form. The nonimmigrant alien will be required, under
the informational form being developed by the Service, or an
existing form if that option is undertaken, to provide routine and
readily available
information, which may include: name; passport country of issuance
and number; identification and description of a second form of
positive identification (e.g., driver's license and number); date of
birth;
country of birth, nationality and citizenship; height; weight; color
of hair; color of eyes; address of residence in the United States
and in country of origin; telephone number(s) in the United States
and in country of origin; the names, addresses, and dates of birth
for both parents; points of contact in the alien's country of
origin; name and address of school or employer in the United States
(if applicable); name and address of former school or employer in
country of origin; intended activities in the United States; and any
e-mail addresses. The proposed rule also requires that such
nonimmigrant aliens provide the following information at certain
intervals: an additional form of photographic identification (e.g.,
driver's license); proof of tenancy
at the listed residential address (e.g., rental contract, mortgage);
proof of enrollment at a school or other authorized educational
institution where applicable; and/or proof of employment where
applicable.
In addition, under these proposed procedures,
nonimmigrant aliens subject to special registration will be
fingerprinted and photographed at the port of entry. This will allow
the Service to determine if an
alien's fingerprints match those of known terrorists or criminals,
and to detain the alien if such an identity match is established. It
will also serve important law enforcement and national security
purposes if
the alien is later suspected of taking part in terrorist or criminal
activity in the United States and will ensure that the nonimmigrant
alien cannot reenter the United States in the future using a
different identity.
Relief From Requirements
A nonimmigrant alien subject to special
registration may seek relief from the requirements of special
registration from a Service district director or other official
designated by the Attorney General.
For example, an alien initially required to complete the
requirements of special registration may satisfy the district
director that due to exigent or unusual circumstances such
requirements cannot reasonably be
fulfilled.
Nonimmigrant Aliens From Designated Countries Already in the
United States
Section 265(b) of the Act provides that the
Attorney General may require natives or citizens of a designated
country who are already in the United States, or any subset of such
class, to register pursuant to
this section. In the event the Attorney General determines that it
is necessary to register such nonimmigrant aliens, the Attorney
General will publish a notice in the Federal Register describing the
aliens who
will be required to appear at a Service office for registration. The
Attorney General's notice will describe the class of nonimmigrant
aliens and the locations at which such registration may occur. The
Attorney General's notice will also explain the procedures for
filing a required form and/or providing fingerprints and
photographs, and submitting supplemental information, if needed.
[[Page 40583]]
Initial Registration at Port of Entry and Confirmation of Status
The proposed rule specifies that if a
nonimmigrant alien subject to special registration stays in the
United States for a period of 30 days or more, the alien must report
to a designated office of the Service on
or after the alien's thirtieth day in the United States, but before
the alien's fortieth day in the United States, to confirm the
information provided in the alien's initial registration at the port
of entry.
For those aliens applying for admission to the
United States who are found to be nonimmigrant aliens subject to
special registration, the completion of registration is a condition
of admission under section 214 of the Act. If an alien desires not
to participate in special registration, the alien may withdraw his
or her application for admission.
A nonimmigrant alien subject to special
registration who comes to the United States to work or to study is
required to provide proof of such activity when the alien appears at
the designated Service office.
Documentation such as enrollment forms, actual employment contracts,
or pay statements must be presented to the Service to confirm the
alien's registration statement. All nonimmigrant aliens subject to
special registration must provide proof of residential address in
the United States. These documents will be examined by the Service,
the originals will be returned to the nonimmigrant alien, and a copy
will be retained
by the Service.
Nonimmigrant aliens often arrive at a port of
entry that is distant from their final destination. For example, a
nonimmigrant alien arriving at John F. Kennedy Airport in New York
on an F-1 student visa may be enrolling at a college or university
or other school elsewhere in the United States. This proposed
provision permits a nonimmigrant alien subject to special
registration who does not already have a residential address to
acquire that residential address and provide the Service with an
actual rental agreement or other proof of residence to update or
confirm the information on the alien's initial registration
statement.
Annual Registration
A nonimmigrant alien may hold a visa which allows
him or her to remain in the United States for longer than one year.
For this type of nonimmigrant alien who is also subject to special
registration, the
proposed rule requires him or her to verify his or her activities
and address, and to update any other information provided to the
Service, on an annual basis. The proposed rule requires that the
nonimmigrant
alien reaffirm his or her registration statement on, or within 10
days after, each anniversary of his or her arrival. The anniversary
date is used as a benchmark because of the relative importance of
the
nonimmigrant alien's arrival in the United States to the
nonimmigrant alien. The anniversary date is a natural reminder of
the requirements for registration. Additionally, the fact that
nonimmigrant aliens arrive in the United States on a relatively
steady basis dictates that this reaffirmation process will occur at
Service offices steadily throughout the year, thus avoiding a large
number of re-registrations at any one time that might overload the
Service or inconvenience the nonimmigrant aliens any more than
necessary.
Change of Address or Other Material Condition
As noted above, all aliens are required to
provide the Service with any change of residential address. The
proposed rule reiterates, for this distinct group of nonimmigrant
aliens who are subject to special
registration, the requirement that the nonimmigrant alien provide
the Service with any change of residential address within 10 days of
such change of address. The proposed rule allows a nonimmigrant
alien
subject to special registration to notify the Service by mail, or
such other means as the Attorney General may designate, of a change
of address, employment, or educational institution. Appropriate
forms will
be made available to such aliens at arrival, on the Internet, and at
Service offices.
Departure
The proposed rule requires that a nonimmigrant
alien subject to special registration also report his or her actual
departure from the United States through inspection by an already
existing departure control officer established under 8 CFR part 215.
This requirement means that the alien must appear before a departure
control officer, i.e., an immigration inspector, at the time he or
she departs the United States to close his or her registration. This
notification will ensure that all special registrations are properly
closed.
The proposed rule does not alter any of the
requirements of part 215, or otherwise authorize a departure control
officer to prohibit departure, but complements them with
requirements that the nonimmigrant
aliens subject to special registration report to the departure
control officer in conjunction with his or her special registration
under this Part.
The requirement that an alien appear before a
departure control officer at the time of departure from the United
States is not new, but has been used sparingly in the past. Under
this proposed rule, it will be necessary to expand the use of the
departure control officer to ensure that the nonimmigrant aliens
subject to special registration have complete records of their
status. If actual departure control were not utilized, special
registrations for the nonimmigrant aliens subject to special
registration would simply stop without explanation sometime after
their departure.
Departure will now be confirmed by actual
presentation by the nonimmigrant aliens subject to special
registration. This departure notification can then be confirmed by
reference to other records, such
as the actual electronic flight manifests provided by carriers.
Departure control has not been used in a substantial way in the past
and facility work will take substantial time to develop with
airports,
even for the small number of aliens covered by this proposed rule.
Therefore, the Service is authorized to restrict ports of
departure as facilities are developed. The nonimmigrant aliens
subject to special registration will be advised of available ports
of departure as they
register. Accordingly, the Service is authorized to prohibit
nonimmigrant aliens subject to special regulation from exiting at
ports of entry that lack departure control officers and facilities.
The Department notes that departure control
procedures have been demanded by Congress as a part of a complete
entry-exit management system. Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, Div. C, Sec. 110, Pub. L.
104-208, 110 Stat. 3009-558 (Sept. 30, 1996); Immigration and
Naturalization Service Data Management Improvement Act of 2000, Sec.
3, Pub. L. 106-215, 114 Stat. 337 (June 15, 2000); United and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001, tit.
IV, subtit. B, Sec. 414(b), Pub. L. 107-56, 115 Stat. 272, 353-354
(Oct. 26, 2001); Enhanced Border Security and Visa Entry
Reform Act of 2002, tit. III, Sec. 302, Pub. L. 107-173, 116 Stat.
543, 552 (May 14, 2002). Congress has required that such a system be
implemented by December 31, 2003. 8 U.S.C. 1365a(d)(1). Accordingly,
as the Department develops the larger system mandated by Congress,
the Department will ensure appropriate integration of
[[Page 40584]]
the special registration system proposed in this rule.
To ensure that nonimmigrant aliens subject to
special registration provide this notification of departure and to
ensure actual departure, this rule proposes that substantial
penalties be attached to failure to notify the Service of departure.
Paragraph (f)(8) provides that failure to notify the Service of
departure in this way is a failure to complete registration under
section 263(a) of the Act.
Because failure to complete registration is an
unlawful activity, the alien shall thereafter be presumed to be
inadmissible to the United States under section 212(a)(3)(A)(ii) of
the Act. This presumption may
be overcome by making a showing that satisfies conditions set by the
Attorney General and the Secretary of State. Other grounds of
inadmissibility may also apply.
Application of the Act and Penalties
The proposed rule is an exercise of the Attorney
General's authority under sections 214, 215, 262, 263, and 265 of
the Act to impose conditions on admission, register aliens and
special groups of aliens, and manage departure of aliens. Each
registration required by the proposed rule is, therefore, a
registration under sections 262 and 263 of the Act. The Act provides
that a willful failure to register, or making a false statement on
the registration, is punishable under section 266(a) and (c),
respectively, of the Act by a fine of up to $1,000 or by
imprisonment for up to 6 months. Providing a false statement would
also subject the nonimmigrant alien subject to special registration,
upon conviction, to detention and removal.
The proposed rule is also an exercise of the
Attorney General's authority under section 265 of the Act to provide
for aliens to file changes of address and provide other required
information. The Act provides that a failure to provide a change of
address or provide other information would be punishable under
section 266(b) of the Act by a fine of up to $200 and imprisonment
for 30 days. The Attorney General
may also remove nonimmigrant aliens who violate the provisions of
section 265 of the Act and the implementing regulations, even if the
alien has not been subject to criminal prosecution.
Conditions of Admission
Under section 214(a) of the Act the admission of
all nonimmigrant aliens to the United States ``shall be for such
time and under such conditions as the Attorney General may by
regulations prescribe.'' The
Attorney General may impose conditions on admission that are
rationally related to the maintenance of nonimmigrant status. See,
e.g., Narenji v. Civiletti, 617 F.2d 745, 747 (D.C. Cir. 1980)
(upholding regulation requiring Iranians on student visas to report
and ``provide information as to residence and maintenance of
nonimmigrant status'' or be subject to deportation proceedings). The
regulations that currently implement section 214 provide in part
that a condition of a nonimmigrant's continued stay in the country
``is the full and truthful disclosure of all information requested
by the Service.'' 8 CFR 214.1(f). The special registration
requirements imposed by this proposed rule are intended in part to
ensure that nonimmigrant aliens are complying with their
nonimmigrant status (e.g., by continuing to be students or
employees, as contemplated at the time of the issuance of their
visas). This rule also proposes to amend 8 CFR 214.1(f) to impose an
additional condition on the admission of a nonimmigrant. The
regulation requires that an alien, if chosen for special
registration, must report to the INS at certain intervals to prove
that he or she is maintaining nonimmigrant status. Thus, a
nonimmigrant alien's wholesale failure to appear for
registration at the 30-day mark, or for the annual reregistration,
for example, will be deemed a failure to maintain the relevant
nonimmigrant status, and will render the alien removable under
section 237(a)(1)(C)(i) of the Act.
Regulatory Procedures
Regulatory Flexibility Act
The Department of Justice, in accordance with the
Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this
regulation and by approving it certifies that this regulation will
not have a significant
economic impact on a substantial number of small entities. This rule
will affect individual nonimmigrant aliens who are not considered
small entities as that term is defined in 5 U.S.C. 601(6).
Executive Order 12866
This regulation has been drafted and reviewed in
accordance with Executive Order 12866, Regulatory Planning and
Review, section 1(b), Principles of Regulation. The Department of
Justice has determined that
this rule is a ``significant regulatory action'' under Executive
Order 12866, section 3(f), Regulatory Planning and Review, and
accordingly this rule has been reviewed by the Office of Management
and Budget.
Executive Order 13132
This regulation will not have substantial
direct effects on the States, on the relationship between the
national government and the States, or on the distribution of power
and responsibilities among the
various levels of government. Therefore, in accordance with
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism
Assessment.
Executive Order 12988
This regulation meets the applicable standards
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by
State, local and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more in any one year, and it will
not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by
section 251 of the Small Business Regulatory Enforcement Fairness
Act of 1996. 5 U.S.C. 804. This rule will not result in an annual
effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act
This rule modifies existing requirements to
require certain nonimmigrant aliens to make specific reports to the
Immigration and Naturalization Service: upon arrival; approximately
30 days after arrival; every twelve months after arrival; upon
certain events, such as a change of address, employment, or school;
and at the time of departure from the United States. The Service is
requiring this information to ensure such aliens comply with the
terms of their visas and admission, and to ensure that they depart
the United States at the
end of their authorized stay.
[[Page 40585]]
This rule contains a new information collection
which is currently under development. This information collection
will be submitted to the Office of Management and Budget (OMB) for
emergency approval and
comments will be solicited from the public, in accordance with the
Paperwork Reduction Act of 1995.
Comments on the collection of information should
be sent to Brenda Dyer, Clearance Officer, United States Department
of Justice, Information Management and Security Staff, Justice
Management Division,
Patrick Henry Building, 601 D Street, NW, Rm. 1600, Washington, DC
20530.
List of Subjects
8 CFR Part 214
Aliens, Immigration, Registration, Reporting and
recordkeeping requirements.
8 CFR Part 264
Aliens, Immigration, Registration, Reporting and
recordkeeping requirements.
Accordingly, the Department of Justice proposes
to amend chapter 1 of title 8 of the Code of Federal Regulations as
follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 is revised
to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1184,
1186a, 1187, 1221, 1281, 1282, 1301-1305; sec. 643, Pub. L. 104-208,
110 Stat. 3009-708; section 141 of the Compacts of Free Association
with the
Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and
1931 note, respectively; 8 CFR part 2.
2. Amend Sec. 214.1 by revising paragraph (f) to
read as follows:
Sec. 214.1 Requirements for admission, extension, and
maintenance of status.
* * * * *
(f) Registration and false information. A
nonimmigrant's admission and continued stay in the United States is
conditioned on compliance with any registration, photographing, and
fingerprinting requirements
under Sec. 264.1(f) of this chapter that relate to the maintenance
of nonimmigrant status and also on the full and truthful disclosure
of all information requested by the Service. Willful failure by a
nonimmigrant
to register or to provide full and truthful information requested by
the Service (regardless of whether or not the information requested
was material) constitutes a failure to maintain nonimmigrant status
under
section 237(a)(1)(C)(i) of the Act.
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
3. The authority citation for part 264 is revised
to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1184, 1201,
1301-1305.
4. Amend Sec. 264.1 by revising paragraph (f) to
read as follows:
Sec. 264.1 Registration and fingerprinting.
* * * * *
(f) Registration, fingerprinting, and
photographing of certain nonimmigrants.
(1) Notwithstanding the provisions in paragraph
(e) of this section, nonimmigrant aliens identified in paragraph
(f)(2) of this section are subject to special registration,
fingerprinting and photographing requirements upon arrival in the
United States. This requirement shall not apply to those
nonimmigrant aliens applying for admission to the United States
under sections 101(a)(15)(A) or 101(a)(15)(G) of the Act. In
addition, this requirement shall not apply to those classes of
nonimmigrant aliens to whom the Attorney General and the Secretary
of State jointly determine it shall not apply, or to any individual
nonimmigrant alien to whom the Attorney General or the Secretary of
State determines it shall not apply. Completion of special
registration pursuant to this paragraph (f) is a condition of
admission under section 214 of the Act if the inspecting officer
determines that the alien is subject to registration under this
paragraph (f) (hereinafter ``nonimmigrant alien subject to special
registration'').
(2) Nonimmigrant aliens in the following
categories are subject to the requirements of paragraph (f)(3) of
this section:
(i) Nonimmigrant aliens who are natives or
citizens of a country designated by the Attorney General, in
consultation with the Secretary of State, by a notice in the Federal
Register,
(ii) Nonimmigrant aliens whom a consular officer
or an inspecting officer has reason to believe are natives or
citizens of a country designated by the Attorney General, in
consultation with the Secretary of State, by a notice in the Federal
Register, or
(iii) Nonimmigrant aliens who meet pre-existing
criteria, or whom a consular officer or the inspecting officer has
reason to believe meet pre-existing criteria, determined by the
Attorney General or the
Secretary of State to indicate that such aliens' presence in the
United States warrants monitoring in the national security
interests, as defined in section 219 of the Act, or law enforcement
interests of the
United States.
(3)(i) Any nonimmigrant alien who is included in
paragraph (f)(2) of this section, and who applies for admission to
the United States, shall be specially registered on a form required
by the Service, shall
be fingerprinted, and shall be photographed, by the Service, at the
port-of-entry at such time the nonimmigrant alien applies for
admission to the United States. The Service shall advise the
nonimmigrant alien subject to special registration that, if the
alien remains in the United States for 30 days or more, the
nonimmigrant alien subject to special registration must appear at a
Service office in person to complete registration by providing
additional documentation confirming compliance with the requirements
of his or her visa. The nonimmigrant alien subject to special
registration must appear at such office between 30 and 40 days after
the date on which the nonimmigrant alien subject to special
registration was admitted into the United States.
(ii) At the time of verification of information for registration
pursuant to paragraph (f)(3)(i) of this section, the nonimmigrant
alien subject to special registration shall provide the Service with
proof of
compliance with the conditions of his or her nonimmigrant visa
status and admission, including, but not limited to, proof of
residence, employment, or registration and matriculation at an
approved school or
educational institution. The nonimmigrant alien subject to special
registration shall provide any additional information required by
the Service.
(4) The Attorney General, by publication of a notice in the Federal
Register, also may impose such special registration, fingerprinting,
and photographing requirements upon nonimmigrant aliens who are
natives, citizens, or residents of specified countries or
territories (or a designated subset of such natives, citizens, or
residents) who have already been admitted to the United States or
who are otherwise in
the United States. A notice under this paragraph shall explain the
procedures for appearing in person and filing the forms required by
the Service, providing fingerprints, photographs, and/or submitting
supplemental information or documentation.
(5) A nonimmigrant alien subject to special registration shall
annually reregister in person with the Service at
[[Page 40586]]
the district office for the district in which the nonimmigrant alien
subject to special registration's residence is located. Annual
reregistration shall be in the same manner as provided in paragraph
(f)(3), and shall occur within 10 days of the month and day of the
anniversary of his or her original admission to the United States.
Annual reregistration of a nonimmigrant alien subject to special
registration under paragraph (f)(4) shall be in the manner
prescribed in the applicable notice, subject to any modifications or
changes included in any applicable intervening notice.
(6) In addition to the 30-day and annual reregistrations pursuant to
paragraphs (f)(3) and (f)(5) of this section, any nonimmigrant alien
subject to special registration who remains in the United States for
30
days or more shall notify the Service by mail or other such means as
determined by the Attorney General, using a notification form
designated by the Service, of any change of address of residence,
change of employment, or change of educational institution, within
10 days of such change.
(7) A nonimmigrant alien subject to special registration may apply
to the district director, or such other official as the Attorney
General may designate, at the Service's district office in which the
nonimmigrant alien subject to special registration's residence
address is located and registered, for relief from the requirements
of this paragraph (f). The decision of the district director or such
other official is final and not appealable.
(8) When a nonimmigrant alien subject to special registration
departs from the United States, he or she shall report to a
departure control officer of the Service, at such port of entry as
the Service may specify. Any nonimmigrant alien subject to special
registration who fails, without good cause, to be examined by a
departure control officer at the time of his or her departure, and
to have his or her departure endorsed upon his or her special
registration, shall thereafter be presumed to be inadmissible under,
but not limited to, section 212(a)(3)(A)(ii) of the Act, as an alien
whom the Attorney General has reasonable grounds to believe, based
on the alien's past failure to conform with the requirements for
special registration,
seeks to enter the United States to engage in unlawful activity. An
alien may overcome this presumption by making a showing that he or
she satisfies conditions set by the Attorney General and the
Secretary of
State.
(9) Registration under this paragraph (f) is not deemed to be
complete unless all of the information requested on the forms
required by the Service, and all requested documents, are provided
in a timely
manner. Each annual reregistration and each change of material fact
is a registration that is required under sections 262 and 263 of the
Act. Each change of address required under this paragraph (f) is a
change of
address required under section 265 of the Act.
* * * * *
Dated: June 10, 2002.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 02-15037 Filed 6-11-02; 10:45 am]
BILLING CODE 4410-10-P
