First Phase of Entry-Exit Registration to Begin
Posted Aug 16, 2002

Attorney General John Ashcroft announced that the first phase of the National Security Entry-Exit Registration System (NSEERS) will begin September 11, 2002. The INS will implement the system at selected ports of entry (POE) throughout the U.S. This system will undergo a 20-day test and evaluation period after which it will be put in place at all POEs - land, air, and sea. Thus, it will be in operation throughout the U.S. by October 1, 2002. More details regarding this matter are available in our June 12, 2002 MurthyBulletin article, Department of Justice Proposes Alien Registration, available on MurthyDotCom.

Fingerprinting Required for Certain Nationals

The NSEERS program will match the fingerprints of selected nonimmigrant, foreign nationals at the POE against a database of known terrorists and criminals. The regulation requires the fingerprinting of all entering nonimmigrants from certain designated countries. The currently designated countries are Iran, Iraq, Libya, Sudan, and Syria. The POEs will fingerprint and check other, selected non-immigrants who appear to present a security risk based on pre-determined criteria related to patterns of terrorist activity.

The NSEERS program will require the selected individuals to provide additional follow-up tracking information, should they be allowed to enter the U.S. These persons will have to provide periodic confirmation of their residences and activities. They will also have to confirm their exits from the U.S. by reporting to the POE before leaving. These provisions seem administratively burdensome for an agency with substantial work backlogs and this issue, as well as many others, was raised in comments submitted to the DOJ following the publication of the proposed rule.

Will these Rules Apply to Those Already in the U.S.?

The regulation contains provisions that allow the Attorney General to publish a notice in the Federal Register in order to impose special registration, fingerprinting, and photograph requirements on nationals, citizens, or residents of selected, designated countries (or a selected subset of those individuals) who are already present in the U.S. There is a long-standing law requiring foreign nationals who are in the U.S. for more than 30-days to be registered and fingerprinted. However, this law has not been utilized for decades with respect to most foreign nationals.

Reason for the Implementation of Registration Program

The NSEERS system is part of a mandate contained in the USA PATRIOT Act. That law requires the U.S. Department of Justice (DOJ) to develop an entry-exit system. The ultimate scope of the regulation may extend to selected non-immigrants who are already in the U.S.