[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Notices]
[Pages 18653-18654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9815]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1841-97]


Notice of Requirement of Carriers To Present for Inspection In-
Transit Passengers

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice informs carriers that effective April 1, 1997, 
carriers are required to present for inspection, in accordance with the 
special procedures outlined in the notice, all international-to-
international (ITI) passengers, formerly known as in-transit lounge 
(ITL) passengers, transiting through the United States from one foreign 
country to another foreign country with one stop in the United States. 
This change is necessary to comply with the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (the Act of 1996) which 
amended section 235 of the Immigration and Nationality Act (the Act) to 
statutorily require the Service to inspect aliens transiting through 
the United States. It is anticipated that further modifications to the 
ITI program and procedures to conform to the change in law will be 
accomplished through promulgation of rules in accordance with the 
notice and comment provisions of the Administrative Procedures Act.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT:
Robert F. Hutnick, Assistant Chief Inspector, Immigration and 
Naturalization Service, 425 I Street, NW., Room 4064, Washington, DC 
20536, telephone number (202) 616-7499.

SUPPLEMENTARY INFORMATION: Prior to the enactment of the Act of 1996, 
the Service employed its discretionary authority under section 235 of 
the Act to exempt ITI passengers from inspection under certain 
circumstances. However, section 235(a)(3) of the Act, as amended by the 
Act of 1996 and effective April 1, 1997, now provides:
    (3) INSPECTION.--All aliens (including alien crewmen) who are 
applicants for admission or otherwise seeking admission or readmission 
to or transit through the United States shall be inspected by 
immigration officers [emphasis added].
    To give effect to the legal mandate to inspect ITI passengers, on 
March 26, 1997, the Service issued the following instructions to the 
appropriate field offices which take effect on April, 1, 1997:
    ``New Procedures:
    (1) International-to-international passengers shall be inspected 
but not admitted to the United States. This inspection should be 
conducted at the ITL. If this is not feasible, the port director or 
district office manager shall contact the appropriate deputy assistant 
regional director for inspections to provide justification for not 
using the ITL and to make alternative arrangements in keeping with the

[[Page 18654]]

overall goal of facilitation or the ITI operations.
    (2) The transit passenger inspection (TPI) shall consist of a 
visual examination of ITI passengers during the transfer process at the 
Port-of-Entry. Questioning of ITI passengers and examination of travel 
documents shall be done selectively and on a random basis but should 
not interfere with the overall facilitation of the ITI operation.
    (3) The Ports-of-Entry shall dedicate sufficient resources at the 
ITI inspection locations to maximize facilitation and law enforcement 
while ensuring inspector safety and security without adversely 
affecting the inspection of passengers seeking admission to the United 
States.
    (4) Pending further notice, carriers are not required to present 
for inspection ITI passengers and crewmen who remain on board aircraft.

Carrier Responsibilities

    (1) Carriers signatory to Immediate and Continuous Transit 
Agreements (with provisions for control of uninspected passengers and 
In-Transit Lounge Use), also known as ITL agreements, will be allowed 
continued transit privileges of ITI passengers until further notice.

Implementation

    (1) The inspection of ITI passengers will take effect on April 1, 
1997. The TPI procedures enumerated are issued for an initial 
transition period. Further instructions will be issued as procedures 
are developed.
    (2) Ports-of-Entry shall endeavor to maintain a flexible approach 
to the inspection of ITI passengers during this transition period to 
maximize facilitation while not subverting the inspection requirements 
mandated.
    (3) Ports-of-Entry shall report to the Office of Programs, through 
channels, any significant implementation problems, including adverse 
effects on the 45 minute inspection requirement and/or on resources, 
with any of the above inspection requirements.
    (4) Ports-of-Entry are reminded of the critical need to obtain and 
record accurate ITI passenger counts. Carrier representatives should be 
questioned regarding ITI passengers counts upon presentation of the 
Aircraft/Vessel Report, Form I-92. For the interim, this refers to 
passenger counts only and not to biographical data. The figures 
reported on the G-22.1 are for planning purposes and for use in 
discussions with the carriers.''
    Carriers interested in utilizing in-transit lounge facilities at 
individual Ports-of-Entry for the temporary holding of inspected in-
transit passengers who are departing the United States for a foreign 
country on a direct flight without stopover in the United States should 
contact local Service Port Directors for information concerning new ITI 
agreements. Though they will be negotiated at the port level, these 
agreements will be approved by the Assistant Commissioner for 
Inspections. Until further notice, however, the present Immediate and 
Continuous Transit Agreements (with provision for control of 
uninspected passengers and In-Transit Lounge Use) will remain in 
effect. However, the Service has notified carriers signatory to ITL 
Agreements that beginning April 1, 1997, the Service will invoke its 
contractual right under these agreements to require signatory carriers 
to present all in-transit passengers for inspection in accordance with 
the procedures outlined in this notice. Any rights or liabilities 
already accrued under the present agreement(s) are not terminated by 
operation of this notice.
    It is anticipated that further modifications to the ITI program and 
procedures to conform to the change in law will be accomplished through 
promulgation of rules in accordance with the notice and comment 
provisions of the Administrative Procedures Act.

    Dated: March 31, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-9815 Filed 4-15-97; 8:45 am]
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