[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40581-40586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15037]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 114 / Thursday, June 13, 2002 / Rules 
and Regulations  

[[Page 40581]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 214 and 264

[INS No. 2216-02; AG Order No. 2589-2002]
RIN 1115-AG70


Registration and Monitoring of Certain Nonimmigrants

AGENCY: Immigration and Naturalization Service; Justice.

ACTION: Proposed rule.

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

SUMMARY: Recent terrorist incidents have underscored the need to 
broaden the special registration requirements for nonimmigrant aliens 
from certain designated countries, and other nonimmigrant aliens whose 
presence in the United States requires closer monitoring, to require 
that they provide specific information at regular intervals to ensure 
their compliance with the terms of their visas and admission, and to 
ensure that they depart the United States at the end of their 
authorized stay. This proposed rule seeks to modify the existing 
requirements to require certain nonimmigrant aliens to make specific 
reports to the Immigration and Naturalization Service: upon arrival; 
approximately 30 days after arrival; every twelve months after arrival; 
upon certain events, such as a change of address, employment, or 
school; and at the time of departure from the United States.

DATES: Written comments must be received on or before July 15, 2002.

ADDRESSES: Please submit written comments to the Director, Regulations 
and Forms Services Division, Immigration and Naturalization Service, 
425 I Street, NW, Room 4034, Washington, DC 20536. To ensure proper 
handling, please reference INS No. 2216-02 on your correspondence. 
Comments may also be submitted electronically to the Service at 
[email protected]. When submitting comments electronically, please 
include INS No. 2216-02 in the subject heading. Comments are available 
for public inspection at this location by calling (202) 514-3048 to 
arrange for an appointment.

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: This proposed rule will apply only to a 
small percentage of nonimmigrant aliens: nonimmigrant aliens from 
selected countries specified in notices published in the Federal 
Register; and individual nonimmigrant aliens who are designated by a 
consular officer outside the United States or an inspection officer at 
the port of entry based on information that indicates the need for 
closer monitoring of the alien's compliance with the terms of his or 
her visa or admission in the national security or law enforcement 
interests of the United States. This proposed rule expands the existing 
special registration rule to require that these designated nonimmigrant 
aliens provide more detailed and frequent information to ensure that 
they comply with the conditions of their visas and admissions, along 
with their departures.
    Currently, nonimmigrant aliens from Iran, Iraq, Libya, and Sudan 
are subject to special fingerprinting requirements. 63 FR 39109 (July 
21, 1998).
    This proposed rule does not apply to nonimmigrant aliens applying 
for admission to the United States under sections 101(a)(15)(A) 
(ambassador, public minister, career diplomat) or 101(a)(15)(G) 
(representative or employees of an international organization) of the 
Immigration and Nationality Act (``Act'').

General and Special Registration Requirements

    Section 262(a) of the Act provides that all aliens who have not 
previously been registered and fingerprinted, pursuant to section 
221(b) of the Act, have a duty to apply for registration and to be 
fingerprinted if they remain in the United States for 30 days or 
longer. Under the existing regulations at 8 CFR 264.1(a), the 
Immigration and Naturalization Service (``Service'') registers 
nonimmigrants using Form I-94 (Arrival-Departure Record). As authorized 
by section 262(c) of the Act, however, the Service's existing 
regulations at 8 CFR 264.1(e) contain general provisions waiving the 
fingerprinting requirement for many nonimmigrants. Accordingly, most 
nonimmigrant aliens are admitted to the United States without being 
either fingerprinted or photographed.
    Notwithstanding the general registration requirements, section 
263(a) of the Act also authorizes the Attorney General to prescribe 
special regulations and forms for the registration, among other 
classes, of ``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 general registration authority under 
section 262 of the Act, the Attorney General promulgated 8 CFR 
264.1(f), which authorizes the Attorney General, by notice published in 
the Federal Register, to direct that certain nonimmigrant aliens from 
designated foreign countries be registered, fingerprinted, and 
photographed by the Service at the port of entry at the time the 
nonimmigrant aliens apply for admission. See 25 FR 10495 (Nov. 2, 1960) 
(final rule); 58 FR 68024 (Dec. 20, 1993) (interim rule), 63 FR 39109 
(July 21, 1998) (notice).
    Moreover, the Attorney General is authorized to prescribe 
conditions for the admission of nonimmigrant aliens under section 214 
of the Act. Section 215 of the Act provides for departure control from 
the United States. In addition, section 265 of the Act requires that 
all aliens who remain in the United States for 30 days or more (other 
than A or G nonimmigrants) must file a notice of change of address with 
the Attorney General within 10 days of any change of address.
    This proposed rule provides for implementation of these 
requirements for nonimmigrant aliens subject to special registration. 
However, this Supplementary Information also serves as a reminder to 
all aliens (not just those nonimmigrant aliens subject to special 
registration) of their legal obligations under section 265 of the Act 
to notify the Attorney General, as delegated to the Service, within 10 
days of any change of address by filing the general change of address 
form, Form AR-11.

[[Page 40582]]

Need for the Rule

    The events of September 11, 2001, highlighted weaknesses in the 
current immigration system, which does not provide for the adequate 
collection of information on the activities and whereabouts of 
nonimmigrant aliens. Under existing regulations it is difficult to 
determine if such aliens follow their stated plans while in the United 
States, to determine if they have remained in the United States beyond 
their authorized period of stay, and to locate them when necessary. 
Moreover, current procedures do not provide for the collection of 
fingerprints at the port of entry from many aliens who present a 
heightened risk of involvement in terrorist or criminal activity. In 
conjunction with other changes in the regulations, this proposed rule 
implements special registration requirements (including fingerprinting, 
photographing, etc.) that will allow the Service to improve 
nonimmigrant compliance with the terms of their visas and admissions.
    The difference between the general requirements and the special 
requirements is that the United States frequently acquires information 
that indicates that a specific alien's or class of aliens' activities 
within the United States should be more closely monitored. Such aliens 
should be and will be required to provide more information in their 
registration than other aliens to permit their activities to be 
followed more closely and to ensure compliance with the terms of their 
visas, including timely departure.
    In promulgating this proposed rule, the Attorney General has 
determined that existing international conditions require that certain 
classes of nonimmigrant aliens be required to follow special 
registration procedures to better ensure the security of the United 
States through closer monitoring of compliance with the terms of their 
visas and admissions. The aliens in these classes are referred to in 
the proposed rule as ``nonimmigrant aliens subject to special 
registration.'' Nonimmigrant aliens subject to special registration 
will include those individual aliens whom the Attorney General or the 
Secretary of State, through officials of their departments, have 
determined should be monitored within the United States in order to 
promote the nation's security or law enforcement interests. Such law 
enforcement interests include the enforcement of national immigration 
laws as well as the prevention of other criminal activity. The Attorney 
General and the Secretary of State may jointly exempt classes of 
nonimmigrant aliens subject to special registration from that 
registration. The Attorney General or the Secretary of State may 
individually exempt an individual nonimmigrant alien from the 
requirements of special registration.

Nonimmigrant Aliens Whom the Inspecting Officer Has Reason To Believe 
Present a Heightened National Security or Law Enforcement Risk

    The proposed rule provides for supplemental registration at the 
port of entry for any nonimmigrant whom the inspecting official has 
reason to believe presents a national security or law enforcement risk, 
including the risk that the alien may violate the terms of his visa or 
exceed his authorized period of stay. Accordingly, this proposed rule 
would delegate authority to require the registration of a nonimmigrant 
alien whom the inspecting officer has reason to believe presents such a 
risk. This determination will be made according to specific criteria 
established by the Attorney General, in light of the observations and 
experience of the inspecting officers. The criteria, based on 
experience, are expected to change over time, but the criteria must be 
established and enunciated to the inspectors prior to their 
application.

Form of Registration

    In this proposed rule, the Attorney General specifies that 
nonimmigrant aliens subject to special registration must be 
fingerprinted and photographed, and must provide expanded information 
on a required form. The nonimmigrant alien will be required, under the 
informational form being developed by the Service, or an existing form 
if that option is undertaken, to provide routine and readily available 
information, which may include: name; passport country of issuance and 
number; identification and description of a second form of positive 
identification (e.g., driver's license and number); date of birth; 
country of birth, nationality and citizenship; height; weight; color of 
hair; color of eyes; address of residence in the United States and in 
country of origin; telephone number(s) in the United States and in 
country of origin; the names, addresses, and dates of birth for both 
parents; points of contact in the alien's country of origin; name and 
address of school or employer in the United States (if applicable); 
name and address of former school or employer in country of origin; 
intended activities in the United States; and any e-mail addresses. The 
proposed rule also requires that such nonimmigrant aliens provide the 
following information at certain intervals: an additional form of 
photographic identification (e.g., driver's license); proof of tenancy 
at the listed residential address (e.g., rental contract, mortgage); 
proof of enrollment at a school or other authorized educational 
institution where applicable; and/or proof of employment where 
applicable.
    In addition, under these proposed procedures, nonimmigrant aliens 
subject to special registration will be fingerprinted and photographed 
at the port of entry. This will allow the Service to determine if an 
alien's fingerprints match those of known terrorists or criminals, and 
to detain the alien if such an identity match is established. It will 
also serve important law enforcement and national security purposes if 
the alien is later suspected of taking part in terrorist or criminal 
activity in the United States and will ensure that the nonimmigrant 
alien cannot reenter the United States in the future using a different 
identity.

Relief From Requirements

    A nonimmigrant alien subject to special registration may seek 
relief from the requirements of special registration from a Service 
district director or other official designated by the Attorney General. 
For example, an alien initially required to complete the requirements 
of special registration may satisfy the district director that due to 
exigent or unusual circumstances such requirements cannot reasonably be 
fulfilled.

Nonimmigrant Aliens From Designated Countries Already in the United 
States

    Section 265(b) of the Act provides that the Attorney General may 
require natives or citizens of a designated country who are already in 
the United States, or any subset of such class, to register pursuant to 
this section. In the event the Attorney General determines that it is 
necessary to register such nonimmigrant aliens, the Attorney General 
will publish a notice in the Federal Register describing the aliens who 
will be required to appear at a Service office for registration. The 
Attorney General's notice will describe the class of nonimmigrant 
aliens and the locations at which such registration may occur. The 
Attorney General's notice will also explain the procedures for filing a 
required form and/or providing fingerprints and photographs, and 
submitting supplemental information, if needed.

[[Page 40583]]

Initial Registration at Port of Entry and Confirmation of Status

    The proposed rule specifies that if a nonimmigrant alien subject to 
special registration stays in the United States for a period of 30 days 
or more, the alien must report to a designated office of the Service on 
or after the alien's thirtieth day in the United States, but before the 
alien's fortieth day in the United States, to confirm the information 
provided in the alien's initial registration at the port of entry.
    For those aliens applying for admission to the United States who 
are found to be nonimmigrant aliens subject to special registration, 
the completion of registration is a condition of admission under 
section 214 of the Act. If an alien desires not to participate in 
special registration, the alien may withdraw his or her application for 
admission.
    A nonimmigrant alien subject to special registration who comes to 
the United States to work or to study is required to provide proof of 
such activity when the alien appears at the designated Service office. 
Documentation such as enrollment forms, actual employment contracts, or 
pay statements must be presented to the Service to confirm the alien's 
registration statement. All nonimmigrant aliens subject to special 
registration must provide proof of residential address in the United 
States. These documents will be examined by the Service, the originals 
will be returned to the nonimmigrant alien, and a copy will be retained 
by the Service.
    Nonimmigrant aliens often arrive at a port of entry that is distant 
from their final destination. For example, a nonimmigrant alien 
arriving at John F. Kennedy Airport in New York on an F-1 student visa 
may be enrolling at a college or university or other school elsewhere 
in the United States. This proposed provision permits a nonimmigrant 
alien subject to special registration who does not already have a 
residential address to acquire that residential address and provide the 
Service with an actual rental agreement or other proof of residence to 
update or confirm the information on the alien's initial registration 
statement.

Annual Registration

    A nonimmigrant alien may hold a visa which allows him or her to 
remain in the United States for longer than one year. For this type of 
nonimmigrant alien who is also subject to special registration, the 
proposed rule requires him or her to verify his or her activities and 
address, and to update any other information provided to the Service, 
on an annual basis. The proposed rule requires that the nonimmigrant 
alien reaffirm his or her registration statement on, or within 10 days 
after, each anniversary of his or her arrival. The anniversary date is 
used as a benchmark because of the relative importance of the 
nonimmigrant alien's arrival in the United States to the nonimmigrant 
alien. The anniversary date is a natural reminder of the requirements 
for registration. Additionally, the fact that nonimmigrant aliens 
arrive in the United States on a relatively steady basis dictates that 
this reaffirmation process will occur at Service offices steadily 
throughout the year, thus avoiding a large number of re-registrations 
at any one time that might overload the Service or inconvenience the 
nonimmigrant aliens any more than necessary.

Change of Address or Other Material Condition

    As noted above, all aliens are required to provide the Service with 
any change of residential address. The proposed rule reiterates, for 
this distinct group of nonimmigrant aliens who are subject to special 
registration, the requirement that the nonimmigrant alien provide the 
Service with any change of residential address within 10 days of such 
change of address. The proposed rule allows a nonimmigrant alien 
subject to special registration to notify the Service by mail, or such 
other means as the Attorney General may designate, of a change of 
address, employment, or educational institution. Appropriate forms will 
be made available to such aliens at arrival, on the Internet, and at 
Service offices.

Departure

    The proposed rule requires that a nonimmigrant alien subject to 
special registration also report his or her actual departure from the 
United States through inspection by an already existing departure 
control officer established under 8 CFR part 215. This requirement 
means that the alien must appear before a departure control officer, 
i.e., an immigration inspector, at the time he or she departs the 
United States to close his or her registration. This notification will 
ensure that all special registrations are properly closed.
    The proposed rule does not alter any of the requirements of part 
215, or otherwise authorize a departure control officer to prohibit 
departure, but complements them with requirements that the nonimmigrant 
aliens subject to special registration report to the departure control 
officer in conjunction with his or her special registration under this 
Part.
    The requirement that an alien appear before a departure control 
officer at the time of departure from the United States is not new, but 
has been used sparingly in the past. Under this proposed rule, it will 
be necessary to expand the use of the departure control officer to 
ensure that the nonimmigrant aliens subject to special registration 
have complete records of their status. If actual departure control were 
not utilized, special registrations for the nonimmigrant aliens subject 
to special registration would simply stop without explanation sometime 
after their departure.
    Departure will now be confirmed by actual presentation by the 
nonimmigrant aliens subject to special registration. This departure 
notification can then be confirmed by reference to other records, such 
as the actual electronic flight manifests provided by carriers. 
Departure control has not been used in a substantial way in the past 
and facility work will take substantial time to develop with airports, 
even for the small number of aliens covered by this proposed rule. 
Therefore, the Service is authorized to restrict ports of departure as 
facilities are developed. The nonimmigrant aliens subject to special 
registration will be advised of available ports of departure as they 
register. Accordingly, the Service is authorized to prohibit 
nonimmigrant aliens subject to special regulation from exiting at ports 
of entry that lack departure control officers and facilities.
    The Department notes that departure control procedures have been 
demanded by Congress as a part of a complete entry-exit management 
system. Illegal Immigration Reform and Immigrant Responsibility Act of 
1996, Div. C, Sec. 110, Pub. L. 104-208, 110 Stat. 3009-558 (Sept. 30, 
1996); Immigration and Naturalization Service Data Management 
Improvement Act of 2000, Sec. 3, Pub. L. 106-215, 114 Stat. 337 (June 
15, 2000); United and Strengthening America by Providing Appropriate 
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) 
Act of 2001, tit. IV, subtit. B, Sec. 414(b), Pub. L. 107-56, 115 Stat. 
272, 353-354 (Oct. 26, 2001); Enhanced Border Security and Visa Entry 
Reform Act of 2002, tit. III, Sec. 302, Pub. L. 107-173, 116 Stat. 543, 
552 (May 14, 2002). Congress has required that such a system be 
implemented by December 31, 2003. 8 U.S.C. 1365a(d)(1). Accordingly, as 
the Department develops the larger system mandated by Congress, the 
Department will ensure appropriate integration of

[[Page 40584]]

the special registration system proposed in this rule.
    To ensure that nonimmigrant aliens subject to special registration 
provide this notification of departure and to ensure actual departure, 
this rule proposes that substantial penalties be attached to failure to 
notify the Service of departure. Paragraph (f)(8) provides that failure 
to notify the Service of departure in this way is a failure to complete 
registration under section 263(a) of the Act.
    Because failure to complete registration is an unlawful activity, 
the alien shall thereafter be presumed to be inadmissible to the United 
States under section 212(a)(3)(A)(ii) of the Act. This presumption may 
be overcome by making a showing that satisfies conditions set by the 
Attorney General and the Secretary of State. Other grounds of 
inadmissibility may also apply.

Application of the Act and Penalties

    The proposed rule is an exercise of the Attorney General's 
authority under sections 214, 215, 262, 263, and 265 of the Act to 
impose conditions on admission, register aliens and special groups of 
aliens, and manage departure of aliens. Each registration required by 
the proposed rule is, therefore, a registration under sections 262 and 
263 of the Act. The Act provides that a willful failure to register, or 
making a false statement on the registration, is punishable under 
section 266(a) and (c), respectively, of the Act by a fine of up to 
$1,000 or by imprisonment for up to 6 months. Providing a false 
statement would also subject the nonimmigrant alien subject to special 
registration, upon conviction, to detention and removal.
    The proposed rule is also an exercise of the Attorney General's 
authority under section 265 of the Act to provide for aliens to file 
changes of address and provide other required information. The Act 
provides that a failure to provide a change of address or provide other 
information would be punishable under section 266(b) of the Act by a 
fine of up to $200 and imprisonment for 30 days. The Attorney General 
may also remove nonimmigrant aliens who violate the provisions of 
section 265 of the Act and the implementing regulations, even if the 
alien has not been subject to criminal prosecution.

Conditions of Admission

    Under section 214(a) of the Act the admission of all nonimmigrant 
aliens to the United States ``shall be for such time and under such 
conditions as the Attorney General may by regulations prescribe.'' The 
Attorney General may impose conditions on admission that are rationally 
related to the maintenance of nonimmigrant status. See, e.g., Narenji 
v. Civiletti, 617 F.2d 745, 747 (D.C. Cir. 1980) (upholding regulation 
requiring Iranians on student visas to report and ``provide information 
as to residence and maintenance of nonimmigrant status'' or be subject 
to deportation proceedings). The regulations that currently implement 
section 214 provide in part that a condition of a nonimmigrant's 
continued stay in the country ``is the full and truthful disclosure of 
all information requested by the Service.'' 8 CFR 214.1(f). The special 
registration requirements imposed by this proposed rule are intended in 
part to ensure that nonimmigrant aliens are complying with their 
nonimmigrant status (e.g., by continuing to be students or employees, 
as contemplated at the time of the issuance of their visas). This rule 
also proposes to amend 8 CFR 214.1(f) to impose an additional condition 
on the admission of a nonimmigrant. The regulation requires that an 
alien, if chosen for special registration, must report to the INS at 
certain intervals to prove that he or she is maintaining nonimmigrant 
status. Thus, a nonimmigrant alien's wholesale failure to appear for 
registration at the 30-day mark, or for the annual reregistration, for 
example, will be deemed a failure to maintain the relevant nonimmigrant 
status, and will render the alien removable under section 
237(a)(1)(C)(i) of the Act.

Regulatory Procedures

Regulatory Flexibility Act

    The Department of Justice, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. This rule 
will affect individual nonimmigrant aliens who are not considered small 
entities as that term is defined in 5 U.S.C. 601(6).

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. The Department of Justice has determined that 
this rule is a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly 
this rule has been reviewed by the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Paperwork Reduction Act

    This rule modifies existing requirements to require certain 
nonimmigrant aliens to make specific reports to the Immigration and 
Naturalization Service: upon arrival; approximately 30 days after 
arrival; every twelve months after arrival; upon certain events, such 
as a change of address, employment, or school; and at the time of 
departure from the United States. The Service is requiring this 
information to ensure such aliens comply with the terms of their visas 
and admission, and to ensure that they depart the United States at the 
end of their authorized stay.

[[Page 40585]]

    This rule contains a new information collection which is currently 
under development. This information collection will be submitted to the 
Office of Management and Budget (OMB) for emergency approval and 
comments will be solicited from the public, in accordance with the 
Paperwork Reduction Act of 1995.
    Comments on the collection of information should be sent to Brenda 
Dyer, Clearance Officer, United States Department of Justice, 
Information Management and Security Staff, Justice Management Division, 
Patrick Henry Building, 601 D Street, NW, Rm. 1600, Washington, DC 
20530.

List of Subjects

8 CFR Part 214

    Aliens, Immigration, Registration, Reporting and recordkeeping 
requirements.

8 CFR Part 264

    Aliens, Immigration, Registration, Reporting and recordkeeping 
requirements.


    Accordingly, the Department of Justice proposes to amend chapter 1 
of title 8 of the Code of Federal Regulations as follows:

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 
1281, 1282, 1301-1305; sec. 643, Pub. L. 104-208, 110 Stat. 3009-
708; section 141 of the Compacts of Free Association with the 
Federated States of Micronesia and the Republic of the Marshall 
Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and 
1931 note, respectively; 8 CFR part 2.


    2. Amend Sec. 214.1 by revising paragraph (f) to read as follows:


Sec. 214.1  Requirements for admission, extension, and maintenance of 
status.

* * * * *
    (f) Registration and false information. A nonimmigrant's admission 
and continued stay in the United States is conditioned on compliance 
with any registration, photographing, and fingerprinting requirements 
under Sec. 264.1(f) of this chapter that relate to the maintenance of 
nonimmigrant status and also on the full and truthful disclosure of all 
information requested by the Service. Willful failure by a nonimmigrant 
to register or to provide full and truthful information requested by 
the Service (regardless of whether or not the information requested was 
material) constitutes a failure to maintain nonimmigrant status under 
section 237(a)(1)(C)(i) of the Act.

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
STATES

    3. The authority citation for part 264 is revised to read as 
follows:

    Authority: 8 U.S.C. 1103, 1182, 1184, 1201, 1301-1305.


    4. Amend Sec. 264.1 by revising paragraph (f) to read as follows:


Sec. 264.1  Registration and fingerprinting.

* * * * *
    (f) Registration, fingerprinting, and photographing of certain 
nonimmigrants.
    (1) Notwithstanding the provisions in paragraph (e) of this 
section, nonimmigrant aliens identified in paragraph (f)(2) of this 
section are subject to special registration, fingerprinting and 
photographing requirements upon arrival in the United States. This 
requirement shall not apply to those nonimmigrant aliens applying for 
admission to the United States under sections 101(a)(15)(A) or 
101(a)(15)(G) of the Act. In addition, this requirement shall not apply 
to those classes of nonimmigrant aliens to whom the Attorney General 
and the Secretary of State jointly determine it shall not apply, or to 
any individual nonimmigrant alien to whom the Attorney General or the 
Secretary of State determines it shall not apply. Completion of special 
registration pursuant to this paragraph (f) is a condition of admission 
under section 214 of the Act if the inspecting officer determines that 
the alien is subject to registration under this paragraph (f) 
(hereinafter ``nonimmigrant alien subject to special registration'').
    (2) Nonimmigrant aliens in the following categories are subject to 
the requirements of paragraph (f)(3) of this section:
    (i) Nonimmigrant aliens who are natives or citizens of a country 
designated by the Attorney General, in consultation with the Secretary 
of State, by a notice in the Federal Register,
    (ii) Nonimmigrant aliens whom a consular officer or an inspecting 
officer has reason to believe are natives or citizens of a country 
designated by the Attorney General, in consultation with the Secretary 
of State, by a notice in the Federal Register, or
    (iii) Nonimmigrant aliens who meet pre-existing criteria, or whom a 
consular officer or the inspecting officer has reason to believe meet 
pre-existing criteria, determined by the Attorney General or the 
Secretary of State to indicate that such aliens' presence in the United 
States warrants monitoring in the national security interests, as 
defined in section 219 of the Act, or law enforcement interests of the 
United States.
    (3)(i) Any nonimmigrant alien who is included in paragraph (f)(2) 
of this section, and who applies for admission to the United States, 
shall be specially registered on a form required by the Service, shall 
be fingerprinted, and shall be photographed, by the Service, at the 
port-of-entry at such time the nonimmigrant alien applies for admission 
to the United States. The Service shall advise the nonimmigrant alien 
subject to special registration that, if the alien remains in the 
United States for 30 days or more, the nonimmigrant alien subject to 
special registration must appear at a Service office in person to 
complete registration by providing additional documentation confirming 
compliance with the requirements of his or her visa. The nonimmigrant 
alien subject to special registration must appear at such office 
between 30 and 40 days after the date on which the nonimmigrant alien 
subject to special registration was admitted into the United States.
    (ii) At the time of verification of information for registration 
pursuant to paragraph (f)(3)(i) of this section, the nonimmigrant alien 
subject to special registration shall provide the Service with proof of 
compliance with the conditions of his or her nonimmigrant visa status 
and admission, including, but not limited to, proof of residence, 
employment, or registration and matriculation at an approved school or 
educational institution. The nonimmigrant alien subject to special 
registration shall provide any additional information required by the 
Service.
    (4) The Attorney General, by publication of a notice in the Federal 
Register, also may impose such special registration, fingerprinting, 
and photographing requirements upon nonimmigrant aliens who are 
natives, citizens, or residents of specified countries or territories 
(or a designated subset of such natives, citizens, or residents) who 
have already been admitted to the United States or who are otherwise in 
the United States. A notice under this paragraph shall explain the 
procedures for appearing in person and filing the forms required by the 
Service, providing fingerprints, photographs, and/or submitting 
supplemental information or documentation.
    (5) A nonimmigrant alien subject to special registration shall 
annually reregister in person with the Service at

[[Page 40586]]

the district office for the district in which the nonimmigrant alien 
subject to special registration's residence is located. Annual 
reregistration shall be in the same manner as provided in paragraph 
(f)(3), and shall occur within 10 days of the month and day of the 
anniversary of his or her original admission to the United States. 
Annual reregistration of a nonimmigrant alien subject to special 
registration under paragraph (f)(4) shall be in the manner prescribed 
in the applicable notice, subject to any modifications or changes 
included in any applicable intervening notice.
    (6) In addition to the 30-day and annual reregistrations pursuant 
to paragraphs (f)(3) and (f)(5) of this section, any nonimmigrant alien 
subject to special registration who remains in the United States for 30 
days or more shall notify the Service by mail or other such means as 
determined by the Attorney General, using a notification form 
designated by the Service, of any change of address of residence, 
change of employment, or change of educational institution, within 10 
days of such change.
    (7) A nonimmigrant alien subject to special registration may apply 
to the district director, or such other official as the Attorney 
General may designate, at the Service's district office in which the 
nonimmigrant alien subject to special registration's residence address 
is located and registered, for relief from the requirements of this 
paragraph (f). The decision of the district director or such other 
official is final and not appealable.
    (8) When a nonimmigrant alien subject to special registration 
departs from the United States, he or she shall report to a departure 
control officer of the Service, at such port of entry as the Service 
may specify. Any nonimmigrant alien subject to special registration who 
fails, without good cause, to be examined by a departure control 
officer at the time of his or her departure, and to have his or her 
departure endorsed upon his or her special registration, shall 
thereafter be presumed to be inadmissible under, but not limited to, 
section 212(a)(3)(A)(ii) of the Act, as an alien whom the Attorney 
General has reasonable grounds to believe, based on the alien's past 
failure to conform with the requirements for special registration, 
seeks to enter the United States to engage in unlawful activity. An 
alien may overcome this presumption by making a showing that he or she 
satisfies conditions set by the Attorney General and the Secretary of 
State.
    (9) Registration under this paragraph (f) is not deemed to be 
complete unless all of the information requested on the forms required 
by the Service, and all requested documents, are provided in a timely 
manner. Each annual reregistration and each change of material fact is 
a registration that is required under sections 262 and 263 of the Act. 
Each change of address required under this paragraph (f) is a change of 
address required under section 265 of the Act.
* * * * *

    Dated: June 10, 2002.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 02-15037 Filed 6-11-02; 10:45 am]
BILLING CODE 4410-10-P