NSEERS

-taken from http://www.issso.grads.vt.edu/NSEERS.htm

Special Registration under NSEERS

For citizens or nationals of Afghanistan, Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Tunisia, United Arab Emirates, Sudan, Syria, or Yemen

Non-immigrants from certain countries, as well as other individuals whom the Immigration and Naturalization Service (INS) or Department of State (DOS) designate on a discretionary basis, are required to be processed under "special registration" procedures, as part of the National Security Entry-Exit Registration System (NSEERS). [Source: 67 Fed.Reg. 52583 (August 12, 2002)]

Who is subject to the special registration requirements?

The special registration procedures currently apply to:

1. Group I. Nonimmigrant aliens who are citizens or nationals of countries specified in notices published in the Federal Register.

Group I.a. [source: 67 Fed.Reg. 57032 (September 6, 2002)]
All nonimmigrant aliens who are nationals or citizens of Iran, Iraq, Libya, Sudan, or Syria, or who a consular officer or an inspecting officer has reason to believe are nationals or citizens of such countries, and who are applying for admission to the United States on or after September 11, 2002 in a nonimmigrant category other than A (diplomatic) or G (international organization). Aliens in this group begin the special registration process at the time of admission to the U.S.

Group I.b. [source: 67 Fed.Reg. 66765 (November 6, 2002)]
Any nonimmigrant except A (diplomatic) and G (international organization) nonimmigrants who:
1.Is a male who is 16 years of age or older;
2.Is a national or citizen (applicable to dual citizens as well) of Iran, Iraq, Libya, Sudan, or Syria;
3.Was inspected by the Immigration and Naturalization Service and was last admitted to the United States as a nonimmigrant on or before September 10, 2002; and
4.Will remain in the United States at least until December 16, 2002.

Nonimmigrant aliens in this group must report to a designated INS District Office for special registration no later than December 16, 2002. The requirement does not apply to lawful permanent residents, to non-immigrants who have applied for asylum before November 6, 2002 or who have been granted asylum, or to G (international organization) and A (diplomatic) non-immigrants.

Group I.c. [source: 67 Fed.Reg. 70525 (November 22, 2002)]
Any nonimmigrant except A (diplomatic) and G (international organization) non-immigrants who:
1.Is a male who was born on or before December 2, 1986;
2.Is a national or citizen (applicable to dual citizens as well) of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen;
3.Was inspected by the Immigration and Naturalization Service and was last admitted to the United States as a nonimmigrant on or before September 30, 2002; and
4.Will remain in the United States at least until January 10, 2003.

Nonimmigrant aliens in this group must report to a designated INS District Office for special registration no later than January 10, 2003. This special registration requirement does not apply to lawful permanent residents, to individuals that have applied for asylum on or before November 22, 2002, or have been granted asylum, or to A and G non-immigrants.

Group I.d. [source: 67 Fed.Reg. 77135 (December 16, 2002)]
Any nonimmigrant except A (diplomatic) and G (international organization) non-immigrants who:
1.Is a male who was born on or before January 13, 1987 (i.e., is age 16 or older as of that date);
2.Is a national or citizen (applicable to dual citizens as well) of Saudi Arabia and Pakistan;
3.Was inspected by the Immigration and Naturalization Service and was last admitted to the United States as a nonimmigrant on or before September 30, 2002; and
4.Will remain in the United States after February 21, 2003.

Nonimmigrant aliens in this group must report to a designated INS District Office for special registration beginning on January 13, 2003, and no later than January 10, 2003. This special registration requirement does not apply to lawful permanent residents, to individuals that have applied for asylum on or before December 16, 2002, or have been
granted asylum, or to A and G nonimmigrants.

2.Group II. Nonimmigrant aliens who a consular officer or an inspecting officer has reason to believe are nationals or citizens of a country designated by the Attorney General, in consultation with the Secretary of State, by a notice in the Federal Register; or

3.Group III. Nonimmigrant aliens who meet pre-existing criteria, or who is a consular officer or the inspecting officer has reason to believe meet pre-existing criteria, determined by the Attorney General or the Secretary of State to indicate that such aliens.
presence in the United States warrants monitoring in the national security interests or law enforcement interests of the United States.

Group I subjectivity requires notice to be published in the Federal Register. Group I.a. is processed immediately upon entry to the United States. Groups I.b., I.c., and I.d. are part of a "call-up" program to register certain groups already in the United States as of a certain date.

Group II allows a consular officer or an inspecting INS officer to process someone for special registration if the officer "has reason to believe" an individual may be in a group identified in a Federal Register notice. This group would be processed at the time of entry to the U.S.

Group III gives discretion to the Attorney General and the Secretary of State to establish pre-existing criteria that do not have to be published in the Federal Register, and which might not be made public. It is likely that the Attorney General has already established a set of Group III "pre-existing criteria," according to an internal INS memo dated September 5, 2002 circulated by some news agencies. Please note: this is not a "call-up" list like Groups I.b. and I.c. Aliens that fit these criteria may be registered by INS on a case-by-case basis, but only when they come into contact with INS either at the time of entry to the United States, or when they otherwise come into contact with INS. There is no affirmative obligation on the part of such aliens to report to INS, unless of course they also fall into Group I.b. or I.c.

The September 5 INS memo identified the following individuals who may be registered for special registration in NSEERS at the port of entry when they enter the U.S. Once again, this list is from an internal INS memo that INS has not made public. This list is reproduced here for informational purposes only.

September 5 INS memo list:

Male citizens of Pakistan, Saudi Arabia and Yemen, who are between the ages of 16 and 45.
Additional factors that INS officers might use to decide whether an alien from any country should be subject to special registration, regardless of citizenship.

  • "The nonimmigrant alien has made unexplained trips to Iran, Iraq, Libya, Sudan, Syria, North Korea, Cuba, Saudi Arabia, Afghanistan, Yemen, Egypt, Somalia, Pakistan, Indonesia or Malaysia, or the alien's explanation of such trips lacks credibility."
  • "The nonimmigrant alien has engaged in other travel, not well explained by the alien's job or other legitimate circumstances."
  • "The nonimmigrant alien has previously overstayed in the United States on a nonimmigrant visa, and monitoring is now appropriate in the interest of national security."
  • "The nonimmigrant alien meets characteristics established by current intelligence updates and advisories."
  • "The nonimmigrant alien is identified by local, state or federal law enforcement as requiring monitoring in the interest of national security."
  • "The nonimmigrant alien's behavior, demeanor or answers indicate that [the] alien should be monitored in the interest of national security."
  • "The nonimmigrant alien provides information that causes the immigration officer to reasonably determine that the individual requires monitoring in the interest of national security."

What are the special registration requirements?
Individuals subject to special registration requirements must:

  • Register with INS, which includes INS taking the individual's fingerprints and photograph;
  • Be interviewed by INS within 30 . 40 days of entering the United States;
  • Be interviewed again by INS one year after entering the United States;
  • Continue to be interviewed by INS on the annul anniversary date of their last admission to the United States
  • Inform INS within 10 days of any change of address, change of employer or change of school, using Form AR-11SR.
  • Depart the United States from an officially-designated port of departure only and report to an INS officer at such airport prior to departure.

INS special registration information Web site:

INS has made detailed information regarding the special registration requirements available on its Web site at:
http://www.ins.usdoj.gov/graphics/lawenfor/specialreg/index.htm

January 7, 2003