Department of Justice Proposes Alien Registration
Posted Jun 14, 2002

Attorney General John Ashcroft announced on June 5, 2002 that the U.S. Department of Justice (DOJ) plans to issue a proposed regulation that would require some foreign nationals to register upon arrival to the U.S. and submit to periodic monitoring thereafter. Failure to comply would prompt the person’s information being entered into a criminal database and his or her becoming subject to removal (deportation) from the country. Criminal prosecution is also possible.

Authority for this regulation is covered by the existing Immigration and Nationality Act. These provisions have been dormant for decades, however. The proposed regulation would require selected nonimmigrants (persons coming temporarily to the U.S., not permanent residents or foreign-born U.S. citizens) to be fingerprinted upon arrival and to register periodically throughout their stays. Registration will be required 30 days after arrival and, subsequently, once a year. Foreign nationals already in the U.S. who fall within the DOJ’s “elevated national security concern” will also be asked to register.

Who Will Have to Register?

Currently, only persons from Iran, Iraq, Sudan, and Libya have to be fingerprinted at the Port of Entry (POE). The new regulation would apply to all nonimmigrant nationals of Iran, Iraq, Libya, Sudan, and Syria. According to a DOJ press release, the regulation would also apply to “certain nationals of other countries whom the State Department and the INS determine to be an elevated national security risk” as well as “[a]liens identified by INS inspectors at the point of entry upon specific criteria to be established by the Department of Justice.”

What is Required?

After the affected person is fingerprinted at the POE, s/he will have to appear at an INS office after 30 days to register. At that point, the individual will have to show proof of tenancy at a stated U.S. address. This could be in the form of a rental contract or mortgage; proof of enrollment in school, if a student; and proof of employment, if in a working visa status. Thereafter, the individual will have to re-register every 12 months. S/He will also be advised of the requirement to provide change of address notification within 10 days. As reported in the MurthyBulletin on May 24, 2002, the address change requirement has been rarely enforced. Under the proposed regulation, however, it would be particularly important for those covered individuals to comply with that requirement. See, Promptly Notify INS of Change of Address, available on MurthyDotCom.

Exit Notification

The affected person will also have to notify the INS at the time of departure from the U.S. In a very harsh provision, the proposed regulation would make the person ineligible to return to the U.S. for failing to report the departure. According to the DOJ, exit records are needed in order to identify those persons who stay in the U.S. beyond their authorization.

Persons Already Present in the U.S.

The regulation will require foreign nationals already in the U.S. who are from the designated countries to provide proof of their current addresses and such additional information “as the Attorney General may require.” It is unclear how such people will become aware of the requirement and how aggressively the INS will be pursuing penalties for failure to comply.

Penalties

Should one fail to register at either the 30-day point or annually, his/her name will be provided to law enforcement and the person will be subject to a $1,000 fine, incarceration, and potential removal (deportation) from the U.S.

The U.S. Department of State points out that many European countries have systems of tracking that are similar or even more rigorous. They also report that they already have fingerprint-scanning capability at all POEs. They are currently matching the fingerprints of foreign nationals who undergo secondary inspection at the POE against the database of wanted felons. The process takes less than two minutes. The INS reports that the results are promising, since over 1,400 individuals were successfully apprehended between January and May 2002.

One important concern with the registration requirement is whether it is an appropriate use of resources, considering the individuals should have already undergone sufficient screening prior to issuance of a visa. In the current political climate, policies that would have been unheard of before September 11, 2001 become possible for the sake of security. There is a line that should not be crossed in any free society: a line between genuine security concerns and harassment or racial profiling. This should be especially safeguarded in our country, considered by the world to champion liberties and freedom.