National Security Entry Exit Registration System (NSEERS) Discretionary Waivers

EMAIL to American Patrol, October 5, 2002.

CONFIDENTIAL

I work for INS and I cannot believe that now INS District Directors are empowered to WAIVE every interview for Arab non-immigrants - they just don't get the picture. See attached HQ memo..... Ooops one of 'em must have complained!! Can't have that, now can we? What horse-shit.

They are saying that once an Arab is entered into the system, they can waive all further interviews. But the glaring problem is that once Mustafa Jihad is entered, he goes back to his hut, meets Osama, gets himself organized and just floats back into the US just like 9/11 never happened. Unbelievable.

PLEASE DO NOT PUBLISH MY NAME OR I WOULD BE FIRED THE SAME DAY. Keep up the good work!!

EMPHASIS ADDED BY AMERICAN PATROL

How many phony documents are out there? Plenty. How many INS employees look the other way? Plenty.

U.S. Department of Justice
Immigration and Naturalization Service

HQINS 70/28

Office of the Executive Associate Commissioner 4
25 I Street NW
Washington, DC 20536

September 30, 2002

MEMORANDUM FOR REGIONAL DIRECTORS
CHIEF, US BORDER PATROL
DEPUTY EXECUTIVE ASSOCIATE COMMISSIONER,
OFFICE OF DETENTION AND REMOVAL

DIRECTOR OF INTERNATIONAL AFFAIRS
OFFICER DEVELOPMENT AND TRAINING,
GLYNCO AND ARTESIA FACILITIES
SERVICE CENTER DIRECTORS
DIRECTOR, LAW ENFORCEMENT SUPPORT CENTER

FROM: Johnny N. Williams /S/
Executive Associate Commissioner
Office of Field Operations

SUBJECT:

Guidance for Special Registration, or National Security Entry Exit Registration System (NSEERS) Discretionary Waivers

This memorandum serves to give general guidance to district directors who receive waiver requests from nonimmigrant aliens who are subject to special registration, or NSEERS. The issuance of waivers of special registration requirements should be handled in a judicious and expeditious manner. We predict that there may be a significant number of requests from nonimmigrant aliens residing in Canada who are employed along the northern border.
Recent changes to Title 8 of the Code of Federal Regulations, part 264.1(f)(7) now provide district directors with the authority to grant relief from the special registration requirements to nonimmigrant aliens. When granted, this relief (or waiver) can encompass all or part of the registration requirements. Prior to granting such a waiver, the district director must confirm that the nonimmigrant alien requesting relief has been specially registered and their registration information is contained in the automated NSEERS database (ENFORCE). In addition, record checks through the Foreign Terrorist Tracking Task Force (FTTTF), as well as local indices, must be performed and confirmed before granting a waiver. The district investigations program must coordinate with the Headquarters National Security Unit (NSU) to insure that the FTTTF checks are completed expeditiously for registrants requesting waivers. For this reason, nonimmigrant aliens making a waiver request at a port-of-entry (POE) must be made aware that waiver requests are not adjudicated immediately. While the waiver request is pending, the registrant must continue to comply with all of the special registration requirements until such time as a waiver is granted.
The validity of any waiver granted may not exceed one year. Special registrants may apply for, and if eligible, be granted an extension of the waiver for a period not to exceed one year per extension. At their discretion, district directors may delegate this authority to deputy district directors, assistant district directors, officers-in-charge, or anyone acting in these capacities. The district directors should determine where waiver requests may be considered, i.e. at the POE, district or sub offices. Local district written instructions regarding the issuance of special registration waivers should be prepared. Waiver requests must be made in writing to the district director. At this time, there is no form prescribed for this purpose and therefore no associated processing fee. However, each waiver request must be accompanied by appropriate supporting documents, based on the request that is being made. Some examples might include:
1) A registered alien who is seeking an exemption from the 30-day interview for medical reasons should submit medical records, letters, or other appropriate documentation from his or her physician. The documents described in this example must support the claim that the alien cannot appear before the Service for the 30-day interview.
2) A registered truck driver who makes frequent entries into the United States. Such a registered alien should provide supporting documents indicating that his or her entries are frequent enough to warrant a wavier, such as log books, invoices or delivery schedules, and a letter from his or her employer indicating that the entry into the United States is required given the nature of their employment. The documents described in this example must support the claim that the registration requirements would cause such a hardship to the alien that he or she could no longer continue employment if registered. This type of waiver would not be appropriate if the alien's entries into the United States are so infrequent that registration would not impose an undue hardship.
3) A registered student requesting a waiver of the departure reporting requirements should provide a letter from the designated school official certifying that departure from a designated port-of-departure would cause economic or other hardship for the student, a certification that the student is maintaining status, proof of enrollment, or other evidence that the alien is a bona fide student. The documents described in this example must support the claim that the alien cannot depart from an authorized port-of-departure.
The type and amount of supporting documents will vary depending on the part of the registration requirements that the alien is requesting be waived, the class of admission of the registrant and the circumstances regarding alien's continued stay in, or departure from, the United States. The district director may grant a waiver for all or one of the following: Future registration at all or specified POE's, the 30-day or annual interview, or the "departure" from a designated POE. The district director may not waive the requirement that special registrants who remain in the United States for thirty days or longer must notify the Service of any change of address, employment, or educational institution within ten days of such a change. Furthermore, the district director is authorized to cancel or rescind a waiver should information come to their attention that would cause the nonimmigrant alien to become ineligible for the waiver. Should this occur, the NSEERS database must be updated immediately. Denials should also be annotated in the comments field to prevent the special registrants from "district shopping" for an approval.
If the waiver request is granted, the special registrant will be issued a letter from the district director. The body of the letter will cite the alien's full name, date-of-birth and Fingerprint Identification Number (FIN); additional numbers such as passport number, Form I-94 number, or Alien File number may be included as well. The letter will also state "Special Registration, or NSEERS, Waiver Authorized". The letter must specify which parts of special registration are waived, the expiration date of the waiver and whether the waiver is valid for multiple entries.
The letter should include a photograph of the alien, affixed to the lower right corner of the page, stamped with a dry seal. A portion of the dry seal should appear on a portion of the photograph and on the letter. When possible the letter should include a rolled right index fingerprint placed on the lower left corner of the letter. Should a Service officer question the validity of a waiver letter, the alien's registration record should be checked to ensure that a waiver has, in fact, been granted and that the terms of the waiver are properly reflected on the letter. Headquarters is evaluating options regarding the creation of a form containing more enhanced security features for issuance to registered aliens in order to demonstrate that a waiver has been granted.
When evaluating the merits of a waiver request, the threshold to be applied should be the hardship placed on the nonimmigrant alien weighed against the national security concerns of the United States. As previously mentioned, you must always verify that the special registrant was initially registered into the NSEERS database. Furthermore, the local checks as well as FTTTF national security record checks must be performed and confirmed before a waiver may be granted.
The following three categories represent a general guide that may warrant approval of a discretionary 8 CFR 264.1(f)(7) waiver. The district director may authorize a waiver for any one of the categories listed below, or may base the waiver on other situations or information not referenced in these categories.
Category 1 (POE Registration/Departure Waiver)
This category pertains to those nonimmigrant aliens who make frequent crossings on a daily or weekly basis, do not plan to remain in the United States longer than 29 days upon entry, and request a waiver from registration and from departure verification at the POE. These individuals may be engaged in employment which requires them to make repeated trips to the United States of short duration. Similarly, this would apply to individuals who are attending educational institutions who can demonstrate that they make frequent entries to attend school. This category may also apply to nonimmigrant aliens who are acting in a diplomatic capacity, but are awaiting the issuance of an "A" or "G " class visa. It may also apply to individuals who are entering the United States for medical treatment.
Category 2 (30-day and/or 1-year Waiver)
This category of nonimmigrant aliens may apply for a waiver from the 30-day and/or annual interview requirements. This would generally apply to nonimmigrant aliens who are hospitalized or in extended non-ambulatory care and cannot come to the district or sub-office to report for the interview. It may also apply to nonimmigrant aliens who are acting in a diplomatic capacity, but are awaiting the issuance of an "A" or "G " class visa.
Category 3 (Departure Waiver)
This category would apply to nonimmigrant aliens who have been registered but now request to leave the United States from a port other than a designated port of departure. This may apply to individuals who may have previously purchased a round-trip ticket and the return transportation does not depart from a designated departure port. Additionally, this may be a request from a specially registered nonimmigrant alien who now has to depart the United States from a non-designated port-of-departure because of unforeseen circumstances.
It is paramount that should a waiver be granted or denied, a timely update must be made in the NSEERS database. In addition, all registered aliens who apply for a waiver must be informed that waiver requests cannot be adjudicated immediately and that they will either have to return to a Service office (designated by the district director) to pick-up their waiver letter, or it may be mailed to them if there is sufficient reason to believe that the alien cannot return to a Service office. Until the specially registered alien receives notification that their request has been approved, the nonimmigrant alien must comply with all of the terms of special registration. Should you have additional questions regarding this authority, please contact Assistant Chief Inspector Stephen Dearborn at (202) 305-2970.