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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: September 6, 2002 (Volume 67, Number 173)]
[Notices]               
[Page 57032-57033]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se02-86]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2232-02; AG Order No. 2612-2002]

 
Registration and Monitoring of Certain Nonimmigrants From 
Designated Countries

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Attorney General is authorized by regulation to require, 
by notice in the Federal Register, and after consultation with the 
Secretary of State, that certain nonimmigrant aliens from specified 
countries be subject to special registration requirements (including 
fingerprinting and photographing by the Immigration and Naturalization 
Service) at the time they apply for admission to the United States. 
Under the most recent public Notice published in 1998, a special 
registration requirement applies to certain nonimmigrant aliens from 
Iran, Iraq, Libya, and Sudan. The requirements of special registration 
have recently been expanded and those new requirements will become 
effective on September 11, 2002. This Notice applies the expanded 
requirements to nonimmigrant aliens from the existing list of 
designated countries and expands the list of designated countries whose 
nationals or citizens will be required to comply with these special 
procedures to include nonimmigrant aliens from Syria.

DATES: This Notice is effective September 11, 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 262(a) of the Immigration and 
Nationality Act (``INA'') (8 U.S.C. 1302(a)) provides that all aliens 
who are age 14 or older and who have not previously been registered and 
fingerprinted at a consular office abroad, pursuant to section 221(b) 
of the INA (8 U.S.C. 1201(b)) or sections 30 or 31 of the Alien 
Registration Act, 1940, have a duty to apply for registration and to be 
fingerprinted if they remain in the United States for 30 days or 
longer. As authorized by section 262(c) of the INA (8 U.S.C. 1302(c)), 
however, the regulations at 8 CFR 264.1(e) contain general provisions 
waiving the requirement of fingerprinting for many nonimmigrant aliens. 
Accordingly, most nonimmigrant aliens are admitted to the

[[Page 57033]]

United States without being either fingerprinted or photographed.
    In addition to those general registration requirements, section 
263(a) of the INA (8 U.S.C. 1303(a)) authorizes the Attorney General to 
prescribe special registration for, among other classes, ``aliens of 
any other class not lawfully admitted to the United States for 
permanent residence.'' Pursuant to this section, as well as the 
Attorney General's authority under sections 214 and 262 of the INA (8 
U.S.C. 1184, 1302), the Attorney General has promulgated regulations, 
to be effective September 11, 2002, and to be codified at 8 CFR 
264.1(f)(2)(i) and (ii), that authorize the Attorney General, by notice 
published in the Federal Register, to direct that certain nonimmigrant 
aliens from designated foreign countries be subject to special 
registration requirements. See 67 FR 52584, 52592 (Aug. 12, 2002). This 
Notice will be effective under those new regulations, which require not 
only fingerprinting and photographing upon arrival, but also in-person 
registration after 30 days, annual reregistration, and final 
registration when leaving the country.
    The most recent Notice published by the Attorney General pursuant 
to the authority of existing 8 CFR 264.1(f) provides for the 
Immigration and Naturalization Service, at the port-of-entry, to 
register, fingerprint, and photograph arriving aliens from Iran, Iraq, 
Libya, and Sudan who are applying for admission to the United States in 
nonimmigrant status. See 63 FR 39109 (July 21, 1998).
    This Notice supplants the July 21, 1998, Notice and designates 
Iran, Iraq, Libya, Sudan, and Syria as the countries whose nationals or 
citizens will be subject to the expanded special registration 
requirements in 8 CFR 264.1(f), as amended. The Attorney General has 
consulted the Secretary of State in designating these countries. In 
addition, all the countries covered by this Notice have been designated 
by the Department of State as state sponsors of terrorism. Certain 
nonimmigrant alien who are nationals or citizens of one of the 
countries designated in this Notice will be subject to the special 
registration requirements of 8 CFR 264.1(f), as amended. As set forth 
in 8 CFR 264.1(f)(1), as amended, the special registration requirements 
of 8 CFR 264.1(f), as amended, do not apply to nonimmigrant aliens 
applying for admission to the United States under sections 
101(a)(15)(A) or 101(a)(15)(G) of the INA (8 U.S.C. 1101(a)(15)(A) or 
(G)). In accordance with 8 CFR 264.1(f)(2)(ii), the special 
registration requirements also will apply to any nonimmigrant aliens 
who a consular officer or an inspecting officer has reason to believe 
are nationals or citizens of one of the five designated countries. This 
authority is necessary because a review of travel documentation 
occasionally raises questions regarding the actual nationality or 
citizenship of a particular nonimmigrant alien. For example, an alien 
may be a dual national or citizen of one of the designated countries as 
well as another country for which he or she presents documents.
    The July 21, 1998, Notice also provided that the Attorney General, 
after consultation with the Secretary of State, could exempt certain 
nonimmigrant aliens from the registering, fingerprinting, and 
photographing requirements when such action was deemed to be in the 
interest of foreign policy or national security. The process for 
granting relief from the requirements of 8 CFR 264.1(f) to nonimmigrant 
aliens subject to special registration requirements is addressed in 8 
CFR 264.1(f)(7), as amended, and is therefore not included in this 
Notice.

Notice of Designated Countries Whose Nationals and Citizens Will 
Generally Be Subject to Special Registration Requirements Upon Arrival 
as Nonimmigrant Aliens

    Pursuant to 8 CFR 264.1(f), and 8 CFR 264.1(f)(2)(i) and (ii) as 
amended at 67 FR 52584, 52592, and after consultation with the 
Secretary of State, I hereby order:
    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 
in a nonimmigrant category other than under section 101(a)(15)(A) or 
101(a)(15)(G) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(A) or (G)), shall be subject to the registration 
requirements in 8 CFR 264.1(f)(3), (5), (6), (8), and (9), as amended. 
All such nonimmigrant aliens subject to special registration shall be 
advised of the provisions of 8 CFR 264.1(f), and their obligations to 
comply with those provisions, when admission is granted.

    Dated: September 3, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-22791 Filed 9-4-02; 12:53 pm]
BILLING CODE 4410-10-P



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