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[Federal Register: January 16, 2009 (Volume 74, Number 11)]
[Rules and Regulations]               
[Page 2837-2838]
From the Federal Register Online via GPO Access []



8 CFR Part 235

RIN 1601-AA35; RIN 1600-AA00

United States Visitor and Immigrant Status Indicator Technology 
Program (``US-VISIT''); Enrollment of Additional Aliens in US-VISIT; 
Authority To Collect Biometric Data from Additional Travelers and 
Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry

AGENCY: National Protection and Programs Directorate, DHS.

ACTION: Final rule; correction.


SUMMARY: This document contains corrections to the final rule which was 
published in the Federal Register on December 19, 2008. 73 FR 77473. 
The pertinent regulations relate to the collection of biometric 
identifiers during the inspection of aliens at United States ports of 

DATES: Effective on January 18, 2009.

FOR FURTHER INFORMATION, CONTACT: Helen deThomas, Senior Policy 
Analyst, US-VISIT, Department of Homeland Security, 1616 Fort Myer 
Drive, 18th Floor, Arlington, Virginia 22209, (202) 298-5200.

SUPPLEMENTARY INFORMATION: On December 19, 2008, the Department of 
Homeland Security (DHS) published a final rule amending 8 CFR 
235.1(f)(1)(ii) to expand the population of aliens subject to US-VISIT 
requirements to include, among others, lawful permanent residents. That 
final rule becomes effective January 18, 2009. 73 FR 77473.
    As discussed in the preamble to the final rule, DHS will require 
additional aliens to provide fingerprints ``at the time of inspection'' 
at the United States border ports of entry, including lawful permanent 
residents. 73 FR at 77474-75.
    As discussed in the preamble to the final rule,

    LPRs are still subject to entry, documentation, and removability 
requirements to the United States. LPRs are aliens. See sections 
101, 212, 237 of the INA (8 U.S.C. 1101, 1182, 1227) and 8 CFR 
235.1(b), (f)(1)(i). Although LPRs are not technically regarded as 
seeking admission to the United States if they are returning from a 
stay of less than 180 days under section 101(a)(13)(C)(ii) of the 
INA (8 U.S.C. 1101(a)(13)(C)(ii)), they remain subject to the 
admissibility requirements of section 212 of the INA (8 U.S.C. 1182) 
because of their status as an alien and not a United States citizen. 
Accordingly, DHS must determine whether an LPR is admissible to the 
United States whenever the LPR arrives at a port of entry, as well 
as determine whether an LPR is removable from the United States 
based on intervening facts since the time LPR status was granted, 
and initial background checks conducted, which may have been many 
years ago.

73 FR at 77475.
    Through technical drafting oversight, DHS did not amend the 
regulatory text of section 235.1(f)(1)(ii) in the final rule to remove 
references to aliens seeking admission. This correction is intended to 
ensure that the regulatory language mirrors the intent of the 
preamble--that DHS may require lawful permanent residents to provide 
biometrics in order to determine, among other things, that alien's 
identity and whether he or she has properly maintained his or her 
permanent resident status while in the United States.
    Accordingly, in FR Doc. E8-30095, published on December 19, 2008, 
make the following correction. On page 77491, in the second column, 
revise the regulatory text under instruction 4 to read:

Sec.  235.1  Scope of examination.

* * * * *
    (f) * * *
    (1) * * *
    (ii) The Secretary of Homeland Security or his designee may require 
any alien, other than aliens exempted under paragraph (iv) of this 
section or Canadian citizens under section 101(a)(15)(B) of the Act who 
are not otherwise required to present a visa or be issued Form I-94 or 
Form I-95 for admission or parole into the United

[[Page 2838]]

States, to provide fingerprints, photograph(s) or other specified 
biometric identifiers, documentation of his or her immigration status 
in the United States, and such other evidence as may be requested to 
determine the alien's identity and whether he or she has properly 
maintained his or her status while in the United States and/or whether 
he or she is admissible. The failure of an alien at the time of 
inspection to comply with any requirement to provide biometric 
identifiers may result in a determination that the alien is 
inadmissible under section 212(a) of the Immigration and Nationality 
Act or any other law.
* * * * *

Paul A. Schneider,
Deputy Secretary.
[FR Doc. E9-988 Filed 1-15-09 8:45 am]