[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64284-64285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30951]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1889-97]


Imposition of Fines Under Section 231 of the Immigration and 
Nationality Act

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice serves to clarify the Immigration and 
Naturalization Service (Service) policy involving the imposition of 
fines under section 231 of the Immigration and Nationality Act (Act). 
The Service will, in the future publicize criteria and implement 
procedures that will impose fines for violations of section 231(a) and 
(b), of the Act, in a more comprehensive manner. However, fines will 
not be imposed until the Service has notified the carriers of 
procedures and criteria that will be used in this process.

DATES: This notice is effective November 19, 1998.

FOR FURTHER INFORMATION CONTACT: Una Brien, National Fines Office, 
Immigration and Naturalization Service, 1400 Wilson Blvd., Suite 210, 
Washington, DC 22209, telephone (202) 305-7018.

SUPPLEMENTARY INFORMATION: This notice announces the Service's plans to 
adopt new procedures to impose fine liability under section 231(a) and 
(b) of the act. Specifically the Service intends to begin to fine 
carriers for violations in accordance with procedures in section 231(a) 
and expand fine liability under 231(b) of the Act in accordance with 
procedures and criteria that are being developed. The Service will 
inform carriers of the procedures and criteria under which such fines 
may be levied via further publication in the Federal Register. These 
fines will not be imposed until the Service has informed the interested 
parties through publication in the Federal Register of the procedures 
and criteria. When these procedures and criteria are published as a 
notice of proposed rulemaking, carriers and others will have an 
opportunity for comment.
    The collection of arrival and departure information for airport and 
seaport activity is addressed in section 231 of the Act and expanded 
upon in 8 CFR part 231. This section delineates the transportation 
company's responsibility to provide manifests for arriving and 
departing passengers.
    Presently, the Service only imposes fines for violations of section 
231(b) of the act, with respect to the proper submission of departure 
manifests, Form I-94T. The Service plans to expand the imposition of 
section 231(a) and (b) fines for failure to present properly completed 
arrival and departure manifests, as required on Form I-94, Arrival-
Departure Record; Form I-94T, Arrival-Departure Record (Transit Without 
Visa); and Form I-94W, Visa Waiver Nonimmigrant Arrival/Departure 
Document.
    Section 110 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3009 
(Sept. 30, 1996) requires the Service to develop an automated entry and 
exit control system that will collect a record of departure for every 
alien departing the United States and match these records of departure 
with the record of the alien's arrival in the United States. This will 
enable the Attorney General to identify, through on-line searching 
procedures, lawfully admitted nonimmigrants who remain in the United 
States beyond the authorized period of stay. Forms I-94 are used to 
record the arrival and departure of nonimmigrant aliens into and from 
the United States. Imposing fines under section 231 of the Act will 
encourage air and sea carriers to comply with regulations concerning 
the proper submission of Form I-94, I-94T, and I-94W.

[[Page 64285]]

    The Service has defined the Form I-94 as the document which meets 
the manifest requirements. 8 CFR 231.1(a) The Form I-94 information is 
maintained in the Nonimmigrant Information System (NIIS). The 
reliability and timeliness of the information contained within NIIS has 
been a matter of concern and has been questioned by the General 
Accounting Office, the Department of Justice, Office of the Inspector 
General (OIG), and internally by the Service. At present, the Service 
is reviewing NIIS to identify problems and develop solutions for its 
deficiencies. In a recent OIG inspection report on overstays (Report 
Number I-97-08) the OIG stated that the Service needs to improve its 
departure data, particularly the collection of departure Forms I-94. 
``Given the long-standing failure to receive all departure records, INS 
should take immediate action to improve collection of these forms. * * 
*''
    Implementing a more comprehensive program to impose section 231 
fines will be part of a multi-pronged approach (which includes training 
carriers and Service personnel on proper I-94 processing procedures and 
monitoring compliance) to improve data collection as required by 
Congress and the OIG.

    Dated: November 10, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-30951 Filed 11-18-98; 8:45 am]
BILLING CODE 4410-10-M