April 08, 2002

WASHINGTON, DC - In its continuing effort to enhance homeland security and strengthen and control immigration in the United States, the Immigration and Naturalization Service (INS) is immediately implementing rule changes governing an alien's ability to begin a course of study and proposing significant changes to the rules governing the period of time visitors are permitted to remain in the United States. Additionally, INS is proposing procedures that would require an alien with a final order of removal to surrender to the Service within 30 days of the issuance of that order. Under the new proposed rule, aliens disregarding this duty will be prohibited from acquiring future immigration benefits. INS is forwarding all three rules to the Federal Register for publication and public comment.

The interim rule prohibiting non-immigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to student status takes effect immediately upon publication in the Federal Register. The change ensures that those aliens seeking to remain in the United States in student status will have received the appropriate security checks before beginning a course of study.

The proposed rule governing B non-immigrant visitors will:

1. Eliminate the minimum 6-month admission period for B-2 non-immigrant visitors, and instead base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days);

2. Reduce the maximum initial admission period for all B non-immigrant visitors from one year to six months;

3. Limit the conditions for which an extension of stay in B non-immigrant visitor status can be granted and reduce the maximum length of that extension;

4. Prohibit non-immigrants admitted in B visitor status from changing to student status unless they state an intention to study at the time of admission; and

5. Deny discretionary relief to persons with a final order of removal who fail to surrender for removal within 30 days of the final order.

"These new rules strike the appropriate balance between INS' mission to ensure that our nation's immigration laws are followed and stop illegal immigration and our desire to welcome legitimate visitors to the United States," said INS Commissioner James Ziglar. "While we recognize that the overwhelming majority of people who come to the United States as visitors are honest and law abiding, the events of September 11 remind us that there will always be those who seek to cause us harm."

April 08, 2002

The U.S. Department of Justice (DOJ)'s Office of Legal Counsel (OLC) reportedly is poised to release a legal opinion recognizing the inherent authority of states and localities to enforce civil violations of federal immigration laws. While not yet released publicly, the opinion apparently would reverse a 1996 DOJ opinion, which found that the law expressly precluded the use of state or local law enforcement personnel in the arrest or detention of aliens for civil deportation proceedings. The DOJ issued a press statement following reports of the new legal opinion's imminent release, stating that many state and local law enforcement agencies have asked the DOJ to review the restrictive 1996 DOJ opinion in the aftermath of the September 11, 2001, terrorist attacks on the U.S.

April 09, 2002

The Immigration and Naturalization Service (INS) is proposing a rule that will require aliens who are subject to final orders of removal to surrender himself or herself within 30 days to INS once those orders become final. Anyone who fails to surrender as required will be denied discretionary relief from removal-including asylum, adjustment to permanent resident status, change of status, waivers of inadmissibility for immigrants, cancellation of removal, voluntary removal, registration of LPR status-at any time while he or she remains in the United States, and for a period of ten years after the alien's departure from the United States. This rule also establishes procedures for surrender to INS.

In the past, 89 percent of non-detained individuals with final orders of removal failed to surrender for deportation when ordered to do so. Under this rule, persons not detained at the time an order of removal becomes final will have a legal obligation to surrender to INS within 30 days of the issuance of an administratively final order of removal.

The proposed rule will be published in the Federal Register for public comment. This rule is substantially the same as a proposed rule published by former Attorney General Janet Reno on September 4, 1998. However, that rule only would have applied to individuals facing removal orders in the future, after publication of the final rule. It consequently would have exempted hundreds of thousands of individuals currently in removal proceedings, even though there would be many opportunities to provide the necessary notice to the alien. The new proposed rule includes aliens already in proceedings because they will receive legally adequate notice.

April 10, 2002

The Immigration and Naturalization Service (INS) has received numerous requests to clarify the following two provisions of the proposed regulations announced by Commissioner James Ziglar yesterday. To ensure that these provisions are properly being interpreted and that the public has an accurate understanding of these proposals, the following summary is being provided. The INS again notes that these are proposed rules and are subject to a public comment period prior to becoming final.

Minimum Admission Period Eliminated

The proposed rule will not automatically limit B-2 visitors for pleasure to a 30-day admission. The rule will place the burden on the visitor to explain to an INS Immigration Inspector the nature and purpose of the visit in order for the Inspector to determine "a period of time that is fair and reasonable for the completion of the purpose of the visit." When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission.

New Requirements for Change of Status

The proposed rule will not bar all B non-immigrants from changing status. The proposed rule will require B non-immigrant visitors to notify INS upon initial entry of their intent to begin a course of study in the United States. INS recognizes that some prospective students will seek admission to the United States as B-2 visitors for pleasure in order to tour an educational institution's campus or interview for admission. In order for persons admitted as B non-immigrant visitors to change their status to that of a student, they will have to clearly state their intent to study in the United States when they initially apply for admission. INS Immigration Inspectors will note that the alien is a prospective student and make the proper notation on the alien's I-94 form (Arrival/Departure Record). This rule will not apply to those already in the United States in B non-immigrant visitor status, since they may have already started a course of study in reliance upon existing rules. Additionally, this rule does not bar individuals admitted under other non-immigrant visa categories from changing status.

April 17, 2002

The Immigration and Naturalization Service (INS) announced today the establishment of stronger, more direct chains of command for the U.S. Border Patrol and agency-owned detention facilities, as well as the establishment of the Office of Juvenile Affairs that will report directly to the Commissioner. These changes, effective today, and other new initiatives are the first steps in an ongoing effort designed to fulfill President Bush's pledge to fundamentally reform the agency by creating a clear division between its service and enforcement missions.

INS is also launching a search for a Chief Financial Officer and a Chief Information Officer, and establishing a Field Advisory Board to act as a liaison between the Headquarters Office of Restructuring and field components.

"Recent events underscore the urgent need to restructure INS as quickly and efficiently as possible, and with the appropriate degree of administrative flexibility," said Attorney General John Ashcroft. "The new initiatives I am announcing today underscore the Administration's deep commitment to enhance the efficiency and effectiveness of America's immigration system."

The current Border Patrol reporting structure is being replaced by one that gives the Chief of the Border Patrol, who is based at Headquarters, direct responsibility for all aspects of Border Patrol field operations, including line authority over the 21 Sector Chiefs.

"A direct chain of command for the Border Patrol will help enhance national security by enabling the Chief to rapidly deploy personnel and other resources in response to crises arising anywhere in the United States," INS Commissioner James W. Ziglar said, noting how the current structure had to be circumvented following September 11th in order to deploy 318 Border Patrol Agents to airports around the country within 36 hours of the attacks.

"The Border Patrol is just the beginning. Restructuring will result in better defined chains of command for all agency programs, in both service and enforcement," Commissioner Ziglar added. "By aligning expertise with the function being managed, we will be able to achieve greater efficiency and greater accountability."

The chain of command in the Detention and Removals Program is being strengthened by shifting some responsibility for managing agency-operated detention facilities from the field to Headquarters, which will now oversee facility management, the care of detainees and implementation of INS' detention standards at its service processing centers.

This transfer of control is the first step of a larger plan to shift control of all District detention functions to the Headquarters Detention and Removal Program to help ensure that detention policies and procedures are executed uniformly throughout the INS. Later this month, the El Paso District will serve as the first site covered by the new reporting structure. At that time, all detention and removal functions at El Paso District will begin reporting directly to Headquarters.

To ensure the proper care of juveniles in INS custody, the agency has created an Office of Juvenile Affairs that reports directly to the Commissioner. INS is appointing Steve Farquharson, District Director in Boston, as interim head of the Office of Juvenile Affairs. Steve Farquharson will bring over 25 years of INS experience to the effort of establishing the Office of Juvenile Affairs. The office will have direct line authority over officers in the field and will lead and direct national programs that meet the needs of unaccompanied minors in INS custody.

Additionally, INS is in the early stages of searching for persons to fill two key restructuring positions - a Chief Financial Officer, responsible for ensuring sound fiscal management, and a Chief Information Officer, charged with improving and integrating data systems used in enforcement and service, as well as interagency information sharing.

Finally, an 11-member Field Advisory Board has been established to provide leadership and subject-matter expertise to the Office of Restructuring. Comprised of senior district, sector, and regional managers, the board will also serve as a liaison between Headquarters and the field.

April 12, 2002

The Immigration and Naturalization Service is proposing to amend its regulations by eliminating the minimum admission period of B-2 visitors for pleasure, reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months, and establishing greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student. These changes will enhance the Service's ability to support the national security needs of the United States. These regulatory modifications are within the Service's authority under sections 214(a) and 248 of the Immigration and Nationality Act (Act) and will help lessen the probability that alien visitors will establish permanent ties in the United States and thus remain in the country illegally.

April 12, 2002

This interim rule amends the Immigration and Naturalization Service regulations by eliminating the current provision allowing a B-1 or B-2 nonimmigrant visitor for business or pleasure to begin attending school without first obtaining approval of a change of nonimmigrant status request from the Service. This change will enhance the Service's ability to support the national security needs of the United States and is within the Service's authority under section 248 of the Immigration and Nationality Act. The amendment will ensure that no B nonimmigrant is allowed to enroll in school until the alien has applied for, and the Service has approved, a change of nonimmigrant status to that of F-1 or M-1 nonimmigrant student.