IMPORTANT ADVISORY
Special Registration Has NOT Ended – Many
Requirements Continue
By: Allen E. Kaye
The reports that Special Registration has "ended" are NOT
correct. The ONLY significant change in Special Registration
that the Department of Homeland Security (DHS) announced at
the beginning of December, 2003 is that it is "suspending"
the requirement of (1) annual re-registration applicable to
all registrants and (2) 30/40-day follow-up interviews applicable
to port-of-entry registrants. All other requirements and the
Special Registration program itself are NOT changed and remain
in effect. Anyone who does not comply with all the continuing
requirements of Special Registration could be subjected to
denial of admission to the U.S., denial of immigration benefits,
possible criminal prosecution, and/or removal proceedings.
What Did DHS's New Interim Rule for Special
Registration Do?
The ONLY major changes in Special Registration requirements
are the following:
- The annual re-registration requirement is suspended for
all Special Registrants, i.e., for both those who registered
under the "Call-In" and those who were registered at a port-of-entry
(POE).
- The 30/40-day follow-up interview requirement (applicable
only to POE Registrants) is also suspended.
The new rule applies ONLY to registrants whose re-registration
deadline or 30/40-day deadline is on or after December 2,
2003. Anyone who willfully missed a deadline before that date
is still considered to have violated Special Registration.
All other requirements for Special Registrants remain in effect.
Are Special Registrants Still Subject to
Other Requirements?
YES. All Special Registrants
continue to be subject to the following requirements.
- Departure Registration. Every person who was specially
registered at either Call-In or POE (Port of Entry) continues
to be subject to "departure registration." This has NOT
changed. Special Registrants must (1) depart only from specially
designated ports and (2) comply with special departure processing,
which involves an appearance before a Customs and Border
Protection (CBP) officer. Turning in the I-94 or being processed
by airline personnel does NOT satisfy this requirement.
Processes for having this requirement waived were added
by the interim rule, but the standards for the waivers are
quite high.
- Reporting Changes of Address, Employment, or Educational
Institution. Persons who were or are registered and
who remain in the U.S. for 30 days or more must notify DHS
of any change of address/residence, employment, or educational
institution within 10 days of the change. The notification
must be in writing on the form, AR-11, designated for reporting
these changes. The form is available at www.uscis.gov. The
new rule provides that F, J or M nonimmigrants entered into
the SEVIS system no longer have to comply with this requirement
if the change of address/residence or educational institution
is reported through SEVIS within 10 days of such change.
This exception does NOT apply to changes of employment.
Does the Rule Affect Past or Existing Violations
of Special Registration?
NO. The new Federal Register
announcement specifically states that the new rule does not
excuse past failure to comply with the Call-In deadlines or
the 30-40 day follow-up interview or annual re-registration
deadlines. In addition, the new rule does nothing for the
thousands of people who were placed in removal proceedings
when they appeared for Call-In.
Are Nonimmigrants Entering the Country Still
Subject to Special Registration?
YES. Port-of-Entry (POE) Registration
continues. Nonimmigrants who are citizens or nationals of
Iraq, Iran, Syria, Libya and Sudan will be subject to Special
Registration upon entry to the United States. Others can be
designated for Special Registration on a case-by-case basis.
What is the Effect of USVISIT on Special
Registration?
It is unclear when, if or how the upcoming USVISIT program
will affect Special Registration and whether Special Registration
will be subsumed into USVISIT. People who were registered
under Special Registration continue to be governed by the
Special Registration rules and must comply with those requirements.
Further announcements about USVISIT are likely and may clarify
the relationship between Special Registration and USVISIT.
Could Re-Registration Still Be Required
for Some Special Registrants?
YES. The interim rule says
that DHS can require selected individuals to re-register at
any time, with notice of only 10 days. The interim rule provides
that notice of the re-registration requirement may be given
by any means, including regular mail, e-mail or publication
of a notice in the Federal Register. It is very important
for anyone who has ever been registered under Special Registration
to be vigilant and watch for information about such a requirement.
The interim rule also says that DHS can announce another
Call-In Registration at any time.
Can There Be Further Changes in Special
Registration?
YES. The interim rule was published
on December 2, 2003, at 68 FR 67578. It goes into effect immediately
but is subject to a 60-day public comment period. After that,
the DHS could publish a final rule or leave the current interim
rule in place. A final rule could include further changes.
In addition, DHS may issue new rules and regulations at any
time.
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