November 13, 2002: Expansion of Expedited Removal

DOJ published a Notice in the Federal Register authorizing INS to place in expedited removal proceedings certain aliens who arrive in the United States by sea, either by boat or other means, who are not admitted or paroled, and who have not been physically present in the United States continuously for the two-year period prior to the determination of inadmissibility. [67 FR 68924 11/13/02]

November 6, 2002: Call-In Special Registration Implemented

DOJ published a Notice in the Federal Register requiring certain nonimmigrants from five countries - Iran, Iraq, Libya, Sudan, or Syria – who are already in the U.S. to appear for fingerprinting and photographing, answer questions, present documentation, and register before an immigration officer. The Notice requires all nonimmigrant males aged 16 or over who are citizens or nationals of one of the five countries and who entered the U.S. on or before September 10, 2002, to appear for call-in registration on or before December 16, 2002.

The Notice advises that a willful failure to comply with the call-in special registration requirements constitutes a failure to maintain nonimmigrant status under section 237(a)(1)(C)(i) of the Immigration and Nationality Act, rendering the individual removable unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful. It further advises that if an alien subject to the registration requirements fails to comply with the requirement that the alien report to an inspecting immigration officer when departing the U.S., the alien shall thereafter be presumed to be inadmissible under section 212(a)(3)(A)(ii) of the Act.

September 30, 2002: 26 Exit Ports Designated

DOJ published a Notice in the Federal Register advising the public of the list of ports through which nonimmigrants who have been specially registered must depart from the United States. The list includes 26 land and air ports of entry/exit. [67 FR 61352, 9-3002. Notice]

September 24, 2002: Special Registration Expanded

A special memo from INS Executive Associate Commissioner, Office of Field Operations, was leaked to the press and published by WorldNetDaily.com. The memo indicates that nationals of five countries—Iraq, Iran, Sudan, Syria and Libya—are subject to special registration as of September 11, 2002. The memo further indicates that as of October 1, 2002, national from Pakistan, Saudi Arabia and Yemen who are males between 16 and 45 will also be subject to "registration". The memo also instructs inspecting officers to order "registration" based on 7 criteria, including previous visa overstays, "demeanor”, and unexplained travel.

The Attorney General published a final rule that is substantially the same as the proposed regulation published in February. The new regulation will restructure the Board of

Immigration Appeals. The BIA "reform” will institute one-judge review, streamlined procedures, and will reduce the Board itself to 11 members (from the current complement of 21 positions.) Effective September 26, 2002. [67 FR 165 at 54877, 8-26-02]

August 13, 2002: “St. Cyr” Relief Regulation

The Attorney General published a proposed rule, purportedly implementing the Supreme Court decision in the St. Cyr case, which makes certain immigrants with criminal convictions eligible to apply for a waiver of deportation. The rule fails to make provisions for those who were deported from the country while the litigation resulting in the Supreme Court case was pending. On August 22, 2002, the Attorney General published a technical correction to the proposed rule. Comments are due October 15, 2002. [67 FR 156 at 52627, &13-02: 67 FR 163 54360, 8-22-2002]

August 12, 2002: Registration and Monitoring of Certain Nonimmigrants [Final Rule]

Attorney General John Ashcroft announced that the first phase of the National Security Entry-Exit Registration System (NSEERS) will be implemented by the Immigration and Naturalization Service (INS) at selected ports of entry throughout the United States on September 11, 2002. After an initial 20-day period for testing and evaluating the system at selected ports of entry, all remaining ports of entry -- including land, air and sea - will have the new system in place on October 1, 2002. The final rule adopted the proposed rule "without substantial change".

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The registration requirements may be applied to certain named nation groups already within the United States whenever the Attorney General so orders. The new registration requirements will first apply to nationals from Syria, Libya, Iraq, Iran and Sudan. The list is contemplated to expand to all 26 countries now subject to heightened security checks at visa posts (Afghanistan, Algeria, Bahrain, Dijbouti, Egypt, Eritrea, Indonesia. Iran. Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen.) [67 FR 155 at 52584. 8-12-2002]

July 26, 2002: Address Notification to be Filed with Designated Applications The Attorney General proposed a rule clarifying the alien's obligation to provide an address to the Service, including a change of address within 10 days. The rule will require every alien to acknowledge having received notice that he or she is obliged to provide a valid address to the Service. The rules clarify that a "willful" failure to register with the INS, or a failure to give written notice of a change in address, is a criminal violation. This proposed regulation is accompanied by a statement by DOJ.

The proposed regulations will allow the Service to mail a “Notice to Appear" to the most recent address reported by the alien. Upon such mailing, the Service will have met its burden of the "advanced notice" an alien must receive before an Immigration Judge issues an in absentia order of removal. See, Matter of G-Y-R. This expanded definition of "notice" increases the likelihood for in absentia orders to be issued against noncriminal aliens who fail to report an address change.

The stated intent of this rule is to provide clear notice to aliens of their obligation to report their address, and to punish those who fail to do so. [67 FR 144 at 48818, 7-26021

July 24, 2002: Powers of State or Local Law Enforcement Officers To
Exercise Federal Immigration Enforcement [Final Rule]

DOJ issued a final rule which implements INA 103(a)(8), which allows the Attorney General to authorize any state or local law enforcement officer, with the consent of the head of the department whose geographic boundary the officer is serving, to exercise and enforce immigration laws during the period of a declared "mass influx of aliens."

The rules authorize the Attorney General to consider the definitions of “immigration emergency” and “other circumstances" under 28 C.F.R. 65.81 when making a declaration of “mass influx of aliens". The rules purport that civil liberties and civil rights will be protected with officer training, and a complaint reporting procedure. The final rule is effective August 23, 2002. [67 FR 142 at 48354, 07-24-02]

July 2, 2002: DOJ and State of Florida sign MOU

DOJ and the State of Florida executed a Memorandum of Understanding authorizing 35 state and local law enforcement officers working specifically as part of the State of Florida's Regional Domestic Security Task Forces (RDSTFs) to perform certain immigration officer enforcement functions. It gives such officers the power to interrogate any person believed to be an alien as to his right to be in the United States and to arrest those believed to be in violation of the law.

June 13, 2002: Registration and Monitoring of Certain Nonimmigrants The Attorney General issued a proposed rule requiring certain yet-to-be-designated aliens to register (fingerprints and photographs and other information) at entry, at 30 days after entry, at one-year intervals thereafter, and at exit, which must be through designated exit points. The registration requirements may be applied to certain named nation groups already within the United States whenever the Attorney General so orders.

Failure to satisfy any of the required reporting results in criminal penalties, and in the entering of the person's name in the NCIC database. The regulation is accompanied by a statement by the Attorney General indicating that local law enforcement officers will be requested to check the names of any persons they encounter against the NCIC data base, and arrest and detain not only those who have violated the registration requirement, but also those who have overstayed a visa whose names will also be entered into the database.

The power of local law enforcement to arrest people for mere civil violations of immigration laws is stated to derive from a new DOJ Office of Legal Counsel opinion which has not been made public, which states that local law enforcement officers have "inherent authority" to enforce not only criminal violations of immigration law, but civil violations as well. [67 FR 114 at 40581, 6-13-02]

Wao 14 2002. Soutent Reporting Required The Stones Omeral issued a proposed regulation ta pieners a new student The stem will become voluntary on by 1. 2002 and nauzer ku me school on 1-30-03 The new SEVIS system will rece sejoring of mutant or net wat late of text term failure to ero docong below jussure nad Sacrimary action by school, early graduador, etc. Comments cae

May 14, 2142: New Security Checks Required

vý sones i mene teasing District Offices and Service Centers to run B.S wanag beter msceen on System security checks for all applications and petitions. ugun zaion The checks are to be run not only on foreign nationals, but also * ; name on the application, including US citizen petitioners and anomeys. IBS de when daran z "spect individuals and can also be used to access NCIC 9 med sy INS Customs, and 20 other federal agencies FBL Interpol, DEA, Coat Corá, FAA Secret Service, etc.) (INS Memorandum from Mitsum trotequal irrator Service Center Directors, and District Directors. 5-19-023

May 9, 2002: Aliens Ordered to Surrender within 30 days

ony General issued a proposed regulation that requires that aliens subject to 4 su orter of removal surrender to INS within 30 days of the final order or be barred forma from my 1 vcretionary relief from deportation, including asylum relief, while te she rara as in the US. or for 10 years after departing from the U.S. Comments due 6 642 167 FP 90 at 31157 5-9-02}

April 22, 2002: States Forbidden to Release Detainee Information The Sttomey General issued an interim regulation that forbids any state or county jai. from releasing information about INS detainees housed in their facilities. This regulation f on the face of a New Jersey state court decision ordering the release of information regarding detainees in New Jersey facilities. The rule is made effective 4-17-02, a week prior to publication. Comments due 6-21-02. [67 FR 19508, 4-22-02]

April 12, 2002: New Limitations on Student Change of Status

INS issued an interim rule prohibiting a visitor from attending school while an application for a change to student status is pending. The rule is made effective 4-12-02. Comments due 6-11-02. [67 FR 71 at 18062, 4-12-02]

April 12, 2002: New Limitations on Visitors/Students

INS issued a proposed regulation establishing a presumptive limitation on visitors to the US of 30 days, or a “fair and reasonable period” to accomplish the purpose of the visit. The regulation also prohibits a change of status from visitor to student, unless student intent is declared at time of initial entry. Comments due 5-13-02. [67 FR 71 at 18065, 4-12-02]

April 10, 2002: Local Law Enforcement Powers

News of a new DOJ legal opinion that states that local law enforcement personnel have "inherent" power to enforce the nation's immigration laws is leaked to the press. [Various news reports]

March 19, 2002: Additional Interviews

DOJ announced another round of interviews of 3000 Arab/Muslim men. Memorandum from U.S. Department of Justice. Executive Office for U.S. Attorneys, TO: All US Attorneys, from Kenneth L. Wainstein. Director, entitled "Interview Report", dated 3-1902.

February 26, 2002: Interview Report

DOJ issued a final report on its project of interviewing the 5,000 Arab/Muslim men. The Report states that approximately half (2261) of those on the list were actually interviewed and that fewer than twenty interview subjects were taken into custody. Most of these were charged with immigration violations; only three were arrested on criminal charges. [Report from U.S. Department of Justice, Executive Office for U.S. Attorneys, Memorandum for the Attorney General, from Kenneth L. Wainstein, Director, entitled "Final Report on Interview Project, dated 2-26-02]

February 19, 2002: BIA "Reforms"

The Attorney General published a new regulation proposing to restructure the Board of Immigration Appeals. The BIA "reform” would institute one-judge review, streamlined procedures, and would reduce the Board itself to 11 members (from the current complement of 21 positions.) Comment due 3-21-02. [67 FR 33 at 7309, 2-19-02]

The Deputy Attorney General issued a memo of instructions for the "Absconder Apprehension Initiative”, announced by INS Commissioner Ziglar in December, to locate 314,000 people who have a final deportation or removal order against them. 6,000 men from "al Qaeda-harboring countries will be first to be entered in the National Crime Information Center (NCIC) database. DOJ uses country, age, and gender criteria to prioritize this selective enforcement list. [Office of Deputy Attorney General. Subject: Guidance for Absconder Apprehension Initiative, dated 1-25-02]

December 4, 2001: Senate Hearings

Senator Feingold held hearings on the status of 9-11 detainees. The Attorney General stated that those who question his policies are "aiding and abetting terrorism."