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SPECIAL REGISTRATION - NSEERS
One of the
more egregious abuses of the Bush Administration was Special Registration (The
National Security Entry - Exit Registration System). This is a database of
certain (mostly Muslim) non-citizens residing within the U.S. This system was enacted
in September, 2002 as part of the "War on Terror". What these laws have to do
with national security is far from clear. It is hard to believe that
fingerprinting the next Mohamed Atta upon entry and requiring him to register
will prevent the next September 11th. Terrorists are unlikely to be
deterred by registration requirements. Registration did lead to harassment and
unnecessary inconvenience for the innocent immigrant falling into the "wrong"
category. Their travails, well covered by the media, created the illusion that
the Federal Government is actually doing something to prevent the next
disaster.
NSEERS
has two components: port-of-entry registration, and domestic registration.
Either way, the individual being registered is fingerprinted, photographed,
interrogated, and required to provide detailed information about his planned
stay in the U.S.
They are required to provide U.S. Immigration and Customs Enforcement (ICE)
with updates if they change plans.
PORT-OF-ENTRY
REGISTRATION is required of all nationals of Iran, Iraq, Libya, Sudan, Syria, and anyone else determined
to be of interest to ICE, The Department of State, etc.
DOMESTIC
REGISTRATION was required of male nationals of Iran, Iraq, Libya, Sudan, Syria,
Afghanistan, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar,
Somalia, Tunisia, the UAE, Yemen, Pakistan, Saudi Arabia, Bangladesh, Egypt,
Indonesia, Jordan, and Kuwait.
It is obvious that North Korea was tossed in to assuage those in the U.S. who may have
suspected racism or religious discrimination since there is virtually
no immigration from that country.
Interestingly,
the program applied only to men who had made a legal entry into the U.S. Those who had entered without inspection were not required to register.
When
the program was announced, a shiver of (entirely justified) fear ran through
Muslim communities all over the U.S.
For many, Special Registration seemed just a step away from being rounded up and
interned. Some left the U.S.
for Canada
where their applications for political asylum were denied. Many went and
registered, enduring long lines and delays. About 13,000 of these people were
put into removal (deportation) proceedings.
Others,
fearful or ignorant of the new laws, failed to register at all. Therein lies a
big problem. What happens if they become adjustment eligible? Failure to
register creates a presumption of inadmissibility. Early on it was
possible to arrange an appointment with the local ICE office and register late.
This is no longer an option. So what to do?
Only
one approach seems to work. Go ahead and file the adjustment application. The
Service will respond with a request for proof of NSEERS compliance. Our office
will submit an immediate response providing evidence that the failure to
register was reasonably excusable and not willful. We will further state that
the applicant wishes to be in compliance with the law and ask that the National Benefits Center
transfer his file to the local office and set up an appointment for
registration. This strategy is not guaranteed, but is known to have worked.
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