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'Special Registration' Program
By Maia Jachimowicz and Ramah McKay
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April 2003
In November 2002, US Attorney General John Ashcroft announced the implementation
of a new "Special Registration" program designed to register foreign visitors
from designated countries, in the United States at the time. This program, a
component of a larger National Security Entry-Exit Registration System
(NSEERS), has passed from the administration of the Immigration and
Naturalization Service (INS) to the Department of Homeland Security (DHS).
Although a significant amount of technical language is required to accurately
convey the complexity of Special Registration, this Spotlight aims to map out
the crucial aspects of the program, along with some of the reactions it has
elicited from proponents and critics.
Click on the bullet points below for more
information:
The Special Registration program (also
known as "Domestic Call-in Registration") is
part of a larger National Security Entry-Exit Registration System (NSEERS).
The National Security Entry-Exit Registration System (NSEERS) consists
of: registration through various ports-of-entry and registration through the
Special Registration program. By 2005, the plan is for NSEERS to function as a
comprehensive entry-exit system that applies to almost all foreigner visitors.
As of March 25, 2003, 110,534 individuals from 149 countries had been
registered through both of these components of NSEERS. According to Attorney General John Ashcroft, through both components of NSEERS, US authorities have apprehended eight
people they suspect are terrorists, including one known member of Al Qaeda.
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Port-of-Entry Registration.
Port-of-entry registration began as a pilot program in September 2002 and has
been implemented at all ports of entry (e.g., border crossings, sea ports, and
airports) since October 2002. Port-of-entry registration applies to all
foreign visitors entering the US since October 2002 who are identified as
presenting an elevated national security concern or who are from Iran, Iraq,
Libya, Sudan and Syria. The criteria for identifying these individuals is based
on intelligence information provided to immigration officers at ports of entry
or to visa-issuing officials abroad. Upon entry to the US, foreign visitors
are fingerprinted, photographed, and asked detailed background information.
Some 49,712 foreign visitors had registered through port-of-entry registration
as of March 25, 2003. In addition to the initial registration, foreign
visitors must also appear at a US immigration office if they plan on staying in
the country for more than 30 days, and all are required to complete a departure
check only at a designated departure port (of which there are approximately 100
nationwide) on the same day that they intend to leave the country. For more
information, see:
http://www.immigration.gov/graphics/shared/lawenfor/specialreg/BLISTOFP.pdf
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Special Registration. The Special
Registration program, which was announced in November 2002 and officially
launched in December 2002, requires all male foreign visitors, already in the
US, aged 16 and older from specified countries to register at designated
immigration offices within a given time period. This program, unlike the
port-of-entry program that requires registration based on an elevated national
security concern, depends on nationality-based criteria. To date, nationals
from 25 countries have been identified to report to designated US immigration
offices to register. Except for North Korea, nearly all of the countries designated
in Special Registration are predominantly Arab and Muslim. As of March 25,
2003, some 60,822 foreign visitors had registered through Special Registration.
Special Registration does NOT apply to those with asylum applications
pending as of November 2002, nor to foreign diplomats. It also does not apply
to permanent residents or naturalized citizens from the specified countries.
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Special Registration applies to nationals
of 25
countries, divided among four "Call-in" groups.
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Table 1
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| Call-in Group |
Countries |
Required to register with DHS
between: |
| #1 |
Iran, Iraq, Libya, Sudan & Syria |
November 15, 2002 and December 16, 2002* |
| #2 |
Afghanistan, Algeria, Bahrain, Eritrea, Lebanon,
Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates &
Yemen |
December 2, 2002 and January 10, 2003* |
| #3 |
Pakistan & Saudi Arabia |
January 13, 2003 and March 21, 2003** |
| #4 |
Bangladesh, Egypt, Indonesia, Jordan &
Kuwait |
February 24, 2003 and April 25, 2003** |
* Note: Countries from Call-in Groups #1 and #2 had a two-week reopening of
their registration period -- beginning January 27, and ending February 7, 2003.
** Note: Countries from Call-in Groups #3 and #4 had a one-month extension
on their registration deadline. The deadline for Group #3 was extended from
February 21 to March 21, 2003 and the deadline for Group #4 was extended from
March 28 to April 25, 2003.
For more information, see: http://www.immigration.gov/graphics/shared/lawenfor/specialreg/
index.htm
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Special Registration requires multiple
encounters with immigration officials.
Registration includes a meeting with an immigration official where the
interviewees are fingerprinted (both digitally and with ink), photographed, and
asked a series of questions under oath. In addition to the initial
registration, foreign visitors must also appear at a US immigration office
within 10 days of the one-year anniversary date of initial registration. All
of these foreign visitors are required to complete a departure check only at a
designated departure port (of which there are approximately 100 nationwide) on
the same day that they intend to leave the country. Willful refusal to register
is a criminal violation; overstaying a visa is a civil violation.
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As of March 25, 2003, a total of 60,822 male
foreign visitors had registered through Special Registration.
As of March 25, 2003, a total of 60,822 men had registered through
Special Registration. Department of Homeland Security (DHS) officials estimate that an average of 1,184
individuals register daily, although this number does not reflect the rush of
registrants that is experienced at the end of every registration period. Some
2,034 male foreign visitors have been temporarily detained through the program
for various violations of immigration law. Of those detained, 165 remain in
custody, though according to a Bureau of Immigraation and Customs Enforcement official, many are eligible for release on bond.
Forty-six felons have been identified through Special Registration, including
cocaine traffickers, child molesters, and individuals convicted of assault with
a deadly weapon.
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Graph 1
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110,534 total individuals registered |
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Back to the top
Public criticism exists regarding the
Special Registration program's scope and efficacy.
As a result of what critics perceive as inefficiency and bias in the
Special Registration program, immigration advocates, ethnic community members,
and civil rights activists have strongly voiced the need for a review of the
implementation of the Special Registration program. Public criticism of the
program has focused on the following issues:
- Programmatic Bias
The Special Registration program is modeled using nationality-based criteria.
Unlike port-of-entry registration, which registers foreign visitors based on an
elevated security concern, critics say that Special Registration implicitly assumes that all
citizens of the stated countries are suspected of participating in terrorist
activities.
- Lack of Community Outreach
The US government conducted virtually no outreach to the Middle Eastern
community in order to inform foreign immigrants about the registration
initiative; critics maintain that many communities also feel subject to ethnic profiling.
- Insufficient Staffing
Immigration officials have not been adequately trained in the registration
procedures, according to critics, and therefore are ill prepared to handle the number of individuals
who have come to register, especially in districts with high concentrations of
these nationals.
- Flawed Foreign Visitor Database
Critics call the foreign visitor database incomplete and flawed because it is
not up-to-date. These errors have led to a number of individuals being
detained on immigration violations at the time of registration, although they
had pending visa applications.
- Negative Impact on all DHS Functions
According to critics, the program has diverted resources from other, more
effective programs, while increasing visa application backlogs.
- Ineffective Strategy for Apprehending Terrorists
Critics of the program also assert that Special Registration is simply a public relations strategy of the Bush administration designed to placate
the fears of the American public, rather than as a credible means of
apprehending terrorists.
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Congress has acted in response to requests
for a review of the Special Registration program.
The Senate has raised its own concerns about the program; lawmakers
amended the Omnibus budget bill on January 24, 2003 to cut funding for Special
Registration. House representatives blocked the Senate provision in the final
bill, but have demanded details regarding the development and efficacy of the
program. They also have asked for a fuller explanation of the detentions that
followed the registration of some men in the various call-in groups,
particularly the detention of Iranians in California following Group #1 call-in
registration. The Senate and House Appropriations Committees asked for
documentation, including a demonstration of the program's efficacy, to be
delivered from the Justice Department by March 1. As of April 1, no such documents had been
submitted.
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