[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Notices]
[Pages 67766-67768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28381]
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Part V
Department of Justice
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Immigration and Naturalization Service
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Registration of Certain Nonimmigrant Aliens From Designated Countries;
Notice
Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 /
Notices
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[AG Order No. 2626-2002]
Registration of Certain Nonimmigrant Aliens From Designated
Countries
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This Notice requires certain nonimmigrant aliens to appear
before, register with, and provide requested information to the
Immigration and Naturalization Service on or before December 16, 2002.
It applies to certain nonimmigrant aliens from one of the countries
designated in this Notice who were last admitted to the United States
on or before September 10, 2002, and who will remain in the United
States until at least December 16, 2002. The specific requirements are
set forth in the Notice.
EFFECTIVE DATES: This Notice is effective on November 15, 2002. Aliens
described in this Notice are required to register and provide
additional information to the Immigration and Naturalization Service on
or before December 16, 2002.
FOR FURTHER INFORMATION CONTACT: Dan Brown, Office of the General
Counsel, Immigration and Naturalization Service, 425 I Street, NW.,
Room 6100, Washington, DC 20536, telephone (202) 514-2895.
SUPPLEMENTARY INFORMATION: Section 265(b) of the Immigration and
Nationality Act (``Act''), as amended, 8 U.S.C. 1305(b), provides that
[t]he Attorney General may in his discretion, upon ten days notice,
require the natives of any one or more foreign states, or any class
or group thereof, who are within the United States and who are
required to be registered under this subchapter, to notify the
Attorney General of their current addresses and furnish such
additional information as the Attorney General may require.
Additionally, section 263(a) of the Act, 8 U.S.C. 1303(a), provides
that the Attorney General may ``prescribe special regulations and forms
for the registration and fingerprinting of * * * aliens of any other
class not lawfully admitted to the United States for permanent
residence.''
The Attorney General has previously exercised his authority under
these and other provisions of the Act to establish special registration
procedures under 8 CFR 264.1(f). 67 FR 52584 (Aug. 12, 2002). These
requirements are known as the National Security Entry--Exit
Registration System. In accordance with the authority set forth in 8
CFR 264.1(f)(4), the Attorney General has determined that certain
nonimmigrant aliens specified in this Notice shall be registered and
required to provide specific information. The Attorney General has the
sole discretion to make this determination.
In light of recent events, and based on intelligence information
available to the Attorney General, the Attorney General has determined
that the aliens described in paragraph (a) of this Notice must appear
before the Immigration and Naturalization Service (``Service'') and
provide certain information. This Notice applies only to certain
nonimmigrant aliens from one of the countries designated in this Notice
who were last admitted to the United States on or before September 10,
2002, and who will remain until at least December 16, 2002. Based on
intelligence information available to the Attorney General, the
Attorney General has determined that registering all nonimmigrant
aliens from the covered countries would not enhance national security.
Moreover, the Attorney General has determined that it would not be
administratively feasible at the present time to register all of the
nonimmigrants from the specific countries covered by this Notice, and
that the delay occasioned by registering all nonimmigrants from the
countries covered by this Notice would jeopardize the national
security. Accordingly, the Attorney General has determined that only
males aged 16 years or older need to be registered at this time.
Furthermore, the Attorney General has determined that aliens who have,
prior to the date of publication of this Notice, applied for asylum,
have already provided sufficient information in their applications for
asylum, along with their fingerprints, to warrant exclusion from this
Notice.
Although section 265(b) of the Act, 8 U.S.C. 1305(b), provides a
minimum period of 10 days notice for covered aliens to provide their
current address and other required information, this Notice allows an
alien described by the Notice a period of more than 30 days to
register. The Attorney General has determined that such additional time
to register is in the best interests of the United States and has
extended this time to register solely as a matter of discretion.
Finally, until further notice, once enrolled within the National
Security Entry--Exit Registration System by registration under this
Notice, an alien described in paragraph (a) of the Notice is required
to register annually with the Service. All aliens described in
paragraph (a) shall comply with all other provisions of 8 CFR
264.1(f)(5) through (f)(9).
A willful failure to comply with the requirements of this Notice
constitutes a failure to maintain nonimmigrant status under section
237(a)(1)(C)(i) of the Act, 8 U.S.C. 1227(a)(1)(C)(i). See 8 CFR
214.1(f). Pursuant to section 237(a)(3)(A) of the Act, 8 U.S.C.
1227(a)(3)(A), an alien who fails to comply with the provisions of this
Notice is deportable, unless the alien establishes to the satisfaction
of the Attorney General that such failure was reasonably excusable or
was not willful. Finally, if an alien subject to this Notice fails,
without good cause, to comply with the requirement in 8 CFR 264.1(f)(8)
that the alien must report to an inspecting officer of the Service when
departing the United States, the alien shall thereafter be presumed to
be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of
the Act, 8 U.S.C. 1182(a)(3)(A)(ii). See 8 CFR 264.1(f)(8).
Notice of Requirements for Registration of Certain Nonimmigrant Aliens
From Designated Countries
Pursuant to sections 261 through 266 of the Immigration and
Nationality Act (``Act''), as amended, 8 U.S.C. 1302 through 1306, and
particularly sections 263(a) and 265(b) of the Act, 8 U.S.C. 1303(a)
and 8 U.S.C. 1305(b), and 8 CFR 264.1(f), I hereby order as follows:
(a) Scope. Except as provided in paragraph (g), an alien is
required to register pursuant to this Notice if the alien:
(1) Is a male who was born on or before November 15, 1986;
(2) Is a national or citizen of one of the countries listed in
paragraph (b) who was inspected by the Immigration and Naturalization
Service and was last admitted to the United States as a nonimmigrant on
or before the relevant date specified in paragraph (b); and
(3) Will remain in the United States at least until December 16,
2002.
(b) Designated countries. This Notice is applicable to nationals or
citizens of Iran, Iraq, Libya, Sudan, or Syria who were inspected and
last admitted to the United States on or before September 10, 2002.
This Notice is applicable to any alien who is a national or citizen of
a designated country, notwithstanding any dual nationality or
citizenship.
(c) Requirement to appear before an immigration officer. All aliens
described in paragraph (a) shall, on or before December 16, 2002,
appear before an immigration officer at any of the locations listed in
the appendix to this Notice.
(d) Information to be provided. All aliens described in paragraph
(a) shall:
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(1) Answer questions under oath before an immigration officer,
which answers shall be recorded by the immigration officer;
(2) Present to such immigration officer:
(i) The alien's travel documents, including passport and the Form
I-94 issued upon admission, and any other forms of government-issued
identification;
(ii) Proof of residence, such as, but not limited to, title to land
or a lease or a rental agreement, proof of matriculation at an
educational institution, and proof of employment; and
(iii) Such other information as is requested by the immigration
officer; and
(3) Shall be fingerprinted and photographed by the immigration
officer.
(e) Annual reporting obligations. All aliens described in paragraph
(a) shall appear, within 10 days of each anniversary of the date on
which they were registered under this Notice, before an immigration
officer at any of the locations listed in the appendix to this Notice
and answer questions under oath. All aliens described in paragraph (a)
shall comply with all other provisions of 8 CFR 264.1(f)(5)-(9).
(f) Notice of Change of Address. All aliens described in paragraph
(a) shall advise the Immigration and Naturalization Service, through
the filing of Form AR-11, of any change of address within 10 days of
such change of address. If an alien fails to notify the Immigration and
Naturalization Service in writing of a change of address and the new
address, as required by section 265(a) of the Act, 8 U.S.C. 1305(a),
the alien may be subject to prosecution under section 266(b) of the
Act, 8 U.S.C. 1306(b), and may be deportable as provided in section
237(a)(3)(A) of the Act, 8 U.S.C. 1227(a)(3)(A). If it becomes
necessary to place the alien in removal proceedings, the Immigration
and Naturalization Service may use the most recent address provided by
the alien for service of the Notice to Appear.
(g) Inapplicability. The requirements of this Notice do not apply
to any alien who:
(1) Is presently in a nonimmigrant classification under section
101(a)(15)(A) or 101(a)(15)(G) of the Act, 8 U.S.C. 1101(a)(15)(A) or 8
U.S.C. 1101(a)(15)(G);
(2) Is lawfully admitted to the United States for permanent
residence; or
(3) Has applied for asylum on or before November 6, 2002, or has
been granted asylum, under section 208 of the Act, 8 U.S.C. 1158.
Dated: November 4, 2002.
John Ashcroft,
Attorney General.
Appendix
Designated INS Interviewing Offices for Special Registration
ALASKA--Anchorage, 620 East 10th Avenue, Anchorage, Alaska 99501
ARIZONA--Phoenix, 2035 North Central Avenue, Phoenix, Arizona 85004
ARIZONA--Tucson, 6431 South Country Club Road, Tucson, Arizona
85706-5907
ARKANSAS--Fort Smith, 4991 Old Greenwood Road, Fort Smith, Arkansas
72903
CALIFORNIA--Fresno, 865 Fulton Mall, Fresno, California 93721
CALIFORNIA--Los Angeles, 300 North Los Angeles Street, Room 2024,
Los Angeles, California 90012
CALIFORNIA--Sacramento, 650 Capitol Mall, Sacramento, CA 95814
CALIFORNIA--San Bernardino, 655 West Rialto Avenue, San
Bernardino,California 92410
CALIFORNIA--San Diego, 880 Front Street, Suite 1209, San
Diego,California 92101
CALIFORNIA--San Francisco, 444 Washington Street, San
Francisco,California 94111
CALIFORNIA--San Jose, 1887 Monterey Road, San Jose, California 95112
CALIFORNIA--Santa Ana, 34 Civic Center Plaza, Santa Ana, California
92701
COLORADO--Denver, 4730 Paris Street, Denver, CO 80239
CONNECTICUT--Hartford, 450 Main Street, 4th Floor, Hartford,
Connecticut 06103
FLORIDA--Jacksonville, 4121 Southpoint Boulevard, Jacksonville,
Florida 32216
FLORIDA--Miami, 7880 Biscayne Boulevard, Miami, Florida 33138
FLORIDA--Orlando, 9403 Tradeport Drive, Orlando, Florida 32827
FLORIDA--Tampa, 5524 West Cypress Street, Tampa, Florida 33607-1708
FLORIDA--West Palm Beach, 301 Broadway, Riviera Beach, Florida 33401
GEORGIA--Atlanta, 77 Forsyth Street, SW., Atlanta, Georgia 30303
GUAM--Agana, Sirena Plaza, Suite 100, 108 Hernan Cortez
Avenue,Hagatna, Guam 96910
HAWAII--Honolulu, 595 Ala Moana Boulevard, Honolulu, Hawaii 96813
IDAHO--Boise, 1185 South Vinnell Way, Boise, Idaho 83709
ILLINOIS--Chicago, 230 South Dearborn, 2nd Floor, Chicago, Illinois
60604
INDIANA--Indianapolis, 950 N. Meridian Street, Room 400,
Indianapolis, Indiana 46204
IOWA--Des Moines, 210 Walnut Street, Room 369, Des Moines, Iowa
50309
KANSAS--Wichita, 271 West 3rd Street North, Suite 1050, Wichita,
Kansas 67202-1212
KENTUCKY--Louisville, 601 West Broadway, Room 390, Louisville,
Kentucky 40202
LOUISIANA--New Orleans, 701 Loyola Avenue, New Orleans, Louisiana
70113
MAINE--Portland, 176 Gannet Drive, South Portland, Maine 04106
MARYLAND--Baltimore, 31 Hopkins Place, Baltimore, Maryland 21201
MASSACHUSETTS--Boston, Government Center, JFK Federal Building,
Boston, Massachusetts 02203
MICHIGAN--Detroit, 333 Mount Elliot Street, Detroit, Michigan 48207-
4381
MINNESOTA--Minneapolis, 2901 Metro Drive, Suite 100, Bloomington,
Minnesota 55425
MISSOURI--Kansas City, 9747 Northwest Conant Avenue, Kansas City,
Missouri 64153
MISSOURI--St. Louis, 1222 Spruce Street, St. Louis, Missouri 63103
MONTANA--Helena, 2800 Skyway Drive, Helena, Montana 59601
NEBRASKA--Omaha, 3736 South 132nd Street, Omaha, Nebraska 68144
NEVADA--Las Vegas, 3373 Pepper Lane, Las Vegas, NV 89120-2739
NEVADA--Reno, 1352 Corporate Boulevard, Reno, Nevada 85902
NEW HAMPSHIRE--Manchester, 803 Canal Street, Manchester, New
Hampshire 03101
NEW JERSEY--Cherry Hill, 1886 Greentree Road, Cherry Hill, New
Jersey 08003
NEW JERSEY--Newark, 970 Broad Street, Newark, New Jersey 07102
NEW MEXICO--Albuquerque, 1720 Randolph Road SE, Albuquerque, New
Mexico 87106
NEW YORK--Albany, 1086 Troy-Schenectady Road, Latham, New York 12110
NEW YORK--Buffalo, 130 Delaware Avenue, Buffalo, New York 14202
NEW YORK--Garden City, 711 Stewart Avenue, Garden City, New York
11530
NEW YORK--New York City, 26 Federal Plaza, New York, New York 10278
NORTH CAROLINA--Charlotte, 210 E. Woodlawn Road, Building 6, Suite
138, Charlotte, North Carolina 28217
OHIO--Cincinnati, 550 Main Street, Room 4001, Cincinnati, Ohio 45202
OHIO--Cleveland, 1240 East Ninth Street, Cleveland, Ohio 44199
OHIO--Columbus, 50 West Broad Street, Suite 304D, Columbus, Ohio
43215
OKLAHOMA--Oklahoma City, 4149 Highline Boulevard, Suite 300,
Oklahoma City, Oklahoma 73108
OREGON--Portland, 511 Northwest Broadway, Portland, Oregon 97209
PENNSYLVANIA--Philadelphia, 1600 Callowhill Street, Philadelphia,
Pennsylvania 19130
PENNSYLVANIA--Pittsburgh, 1000 Liberty Avenue, Room 214, Pittsburgh,
Pennsylvania 15222
PUERTO RICO--San Juan, 7 Tabonuco Street, Guaynabo, Puerto Rico
00968
RHODE ISLAND--Providence, 200 Dyer Street, Providence, Rhode Island
02903
ST. CROIX--Christiansted, Sunny Isle Shopping Center, Christiansted,
St. Croix, U.S. Virgin Islands 00820
ST. THOMAS--Charlotte Amalie, Nisky Center, Suite 1A, First Floor
South, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00802
SOUTH CAROLINA--Charleston, 170 Meeting Street, Fifth Floor,
Charleston, South Carolina 29401
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SOUTH CAROLINA--Greer, 142-D West Philips Road, Greer, South
Carolina 29650
TENNESSEE--Memphis, 1314 Sycamore View Road, Suite 100, Memphis,
Tennessee 38134
TEXAS--Dallas, 8101 North Stemmons Freeway, Dallas, Texas 75247
TEXAS--El Paso, 1545 Hawkins Boulevard, El Paso, Texas 79925
TEXAS--Harlingen, 2102 Teege Avenue, Harlingen, Texas 78550-4667
TEXAS--Houston 126 Northpoint Drive, Houston, Texas 77060
TEXAS--San Antonio, 8904 Fourwinds Drive, San Antonio, Texas 78239
UTAH--Salt Lake City, 5272 South College Drive, 100,
Murray, Utah 84123
VERMONT--St. Albans, 64 Gricebrook Road, St. Albans, Vermont 05478
VIRGINIA--Norfolk, 5280 Henneman Drive, Norfolk, Virginia 23513
WASHINGTON, D.C., 4420 North Fairfax Drive, Arlington, Virginia
22203
WASHINGTON--Seattle, 815 Airport Way, South Seattle, Washington
98134
WASHINGTON--Spokane, 920 W. Riverside Room 691, Spokane, Washington
99201
WASHINGTON--Yakima, 417 E. Chestnut, Yakima, Washington 98901
WEST VIRGINIA--Charleston, 210 Kanawha Boulevard West, Charleston,
West Virginia 25302
WISCONSIN--Milwaukee, 310 East Knapp Street, Milwaukee, Wisconsin
53202
[FR Doc. 02-28381 Filed 11-5-02; 11:36 am]
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