[Peace] CF:INS Call-in Program Causes Frustration & Uncertainty Among UIUC Faculty and Students from the Middle East, North Africa, South and South East Asia

[Irfan Ahmad]

INS CALL-IN PROGRAM CAUSESFRUSTRATION AND UNCERTAINTY AMONG UIUC FACULTY AND STUDENTS FROM THE MIDDLE EAST, NORTH AFRICA, SOUTH AND SOUTH EAST ASIA
                                                             December 30, 2002

 

While most Americans are taking time off to celebrate the holiday season and have family reunions, there are others amongst us who are spending the same time under duress and great deal of frustration and uncertainty, with the likelihood of being separated from their loved ones.

 

The recent INS regulations, including the Call-In Registration affecting a number of regions comprising of the Middle East, North Africa, and South Asia are causing considerable frustration and tension among the University of Illinois faculty, academic professionals, graduate, and undergraduate students from these regions.  With the likelihood of other regions being added to the list, including South East Asia and East Africa, the problem is only going to get worse.  The tension is so widespread that it is likely to affect academic and research morale, and hence have detrimental effects on many of the University’s research and teaching programs.  According to various figures there has been a drop in foreign student enrollment from the Middle East, North Africa, and Pakistan at the UIUC.  A number of UIUC faculty had to cancel many pre-scheduled home country visits and other overseas professional commitments.  A number of foreign graduate students who are at the threshold of completing their masters and doctoral thesis find themselves in very precarious situations.  Most of the international faculty and graduate students are accompanied by their loved ones and families, thereby, causing additional trauma for spouses and school-age children.  The news that a 16-year old boy on derivative status was taken into custody by INS at Los Angeles along with 700 other aliens, has sent shockwaves among the local international academic body and throughout the country.   

 

The University of Illinois and local congressional leadership has to recognize the gravity of the situation, and the demoralizing effect it is having not only on the international academic community.  This situation is also bound to weaken University’s capacity to continue to attracting and retaining high-caliber faculty and students. These and other negative consequences would only undermine the University’s high-quality research and teaching, both in the short- and long-term.  Moreover, the current situation contributes to undermine recent University efforts in leveraging federal and state support, to fund its key initiatives. 

 

There is an urgent need for the university to create a cushion around its international faculty and students and provide full legal and administrative assistance so that minor visa irregularities do not cause harassment and / or detention of the university employees and students.  Many are ending up with hefty legal bills from the lawyers.  All international members of the University of Illinois enter the U.S. legally either through a student or exchange visitor or work visa.   While the INS is reorganizing under the newly created Homeland Security Department, it is also taking time to update its databases, thereby delaying the processing of already filed cases for adjustment of status and other immigration-related applications.  This is resulting in many individuals running out of status, for reasons beyond their control.  The U.S. already has been losing quality researchers and students to Europe and Australia.  These strict procedures serve neither the University’s interests nor those of the nation.  They instead are likely to reinforce the prevalent negative image of the U.S. of suppressing minorities, particularly those from Muslim countries regardless of their U.S citizenship, permanent or temporary residents.  Institutions of higher education and research such as the University of Illinois have a historic role to play in effectively contributing to reshaping the discourse toward a more positive image of the U.S.    

 

We can therefore not highlight enough that it is in our joint interest that we actively and promptly address the issue - that the nation’s security concerns are met; while the University’s capacity in attracting and retaining high-quality international faculty and students is not undermined.   

 
Contact Persons for obtaining further comments and details:
   Prof. Nancy Cantor, Chancellor
   Prof. Earl Kellogg, Assoc Provost International Development
   Dr. Ivor Emmanuel, Director, Office of International Students’ Affairs
   Carol Buss, Director, Office of International Faculty and Staff Affairs
   Prof. Ken Cuno, Director, Program for South Asian and Middle Eastern Studies
   President, GEO
   Congressman Timothy Johnson, Dist. 15, IL
   Immigration Assistant to Congressman Johnson, Jennifer Callahan
   Sen. Peter Fitzgerald, IL
   Attorney Tom Arkell, Bloomington, IL

 
FACTS
Gifty Ako-Adounvo, Assistant Director of the Office of International Student Affairs, said the University of Illinois is hosting about 4,287 international students who represent more than 114 countries this semester.

http://www.dailyillini.com/oct01/oct02/news/stories/news_story04.shtml

 
References for the article:
INS Portal to Information on Special Registration Procedures for Certain Nonimmigrants http://www.ins.gov/graphics/lawenfor/specialreg/index.htm

Southern California Civil Rights Organizations Call for the Termination of Flawed, Misguided INS Special Registration Program for Non-Immigrant Visa Holders 
Hundreds Are Believed Detained, Relatives Given Little To No Information About Loved Ones 

December 19, 2002

http://www.aclu-sc.org/news/releases/20021219insdetentions.shtml

 


INS roundup targets Muslims, says Islamic advocacy group 
Muslims urged to contact their elected officials 


http://www.cair-net.org/asp/article.asp?id=127&page=AA


 
APPENDIX: ADVISORY FROM AMERICAN IMMIGRATION LAWYERS ASSOCIATION
 

 

Please read the following Q & A from the American Immigration Law Foundation which indicates that some of you may be required to register with the INS on or before February 21, 2003. 

 

 

AMERICAN IMMIGRATION LAW FOUNDATION

____________________________________


QUESTIONS AND ANSWERS ABOUT

“CALL-IN” SPECIAL REGISTRATION


[This Advisory is accurate as of December 16, 2002. It is not legal advice 
and does not substitute for the advice of an immigration lawyer familiar with 
the facts of an individual case.] 


Q. What is “call-in” special registration?

A. The Attorney General has notified specified nonimmigrants already in the U.S. 
that they must appear in person at designated INS office and be photographed, 
fingerprinted and interrogated. 


Q. Who is required to register under “call-in” special registration, and by 
when?


A. To date, the Department of Justice (DOJ) has issued three notices listing 
different countries. Different dates apply to each group of countries:

 

The “five” countries: Iran, Iraq, Sudan, Syria, Libya 

 

 

Male citizens or nationals of these countries who

were born on or before November 15, 1986

were inspected and last admitted to the U.S. as 
nonimmigrants 

on or before September 10, 2002 and who

will remain in the U.S. at least until December 16, 2002

 

must register with the INS at one of specified locations by 
December 16, 2002. See 67 Fed. Reg. 66765-68

 

The “thirteen” countries: Afghanistan, Algeria, Bahrain, Eritrea, 
Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab 
Emirates, Yemen 

 

 

Male citizens or nationals of these countries who

were born on or before December 2, 1986

Were inspected and last admitted to the U.S. as nonimmigrants

on or before September 30, 2002 and who

will remain in the U.S. at least until January 10, 2003

 

must register with the INS by January 10, 2002. See 67 Fed. Reg. 70525-28.

 

The “three” countries: Armenia*,  Pakistan, Saudi Arabia

(*PS. since deleted from the requirement):

 

Male citizens or nationals of these countries who

were born on or before January 13, 1987 

were inspected and last admitted to the U.S. as nonimmigrants

on or before September 30, 2002 and who

will remain in the U.S. after February 21, 2003.

 

Must register with the INS on or before February 21, 2003. 

 

 

Q. Who does not have to register?

A. Even if from one of the designed countries, the people who are not required 
to register under “call-in” special registration are:

 

Females

U.S. citizens

Lawful permanent residents of the U.S.

“A” and “G” nonimmigrants

Anyone who applied for asylum before a specified date

Anyone who already was granted asylum.

 

A. What about someone who has dual citizenship?


Q. If the person is a citizen of one country but may have retained citizenship 
of one of these specified countries, the DOJ has stated that the person must 
register. 

However, if the person is a U.S. citizen and possibly a citizen of another 
country, we believe he should not have to register because the statute, INA 
section 263(a) and regulation, 8 C.F.R. 264.1(f), and “call-in” registration 
notices, 67 Fed. Reg. 67765 and 70525 specifically provide that they apply only 
to “aliens.” 


Q. What is a “national”? 

A. The INA defines a “national” as “a person owing permanent allegiance to a 
state.” INA section 101(a)(21), 8 U.S.C. 1101(a)(21). This is not a very helpful 
definition in this context. Allegiance must be determined by reviewing the law 
of the country, as each country determines its own citizenship and nationality 
law. 


Q. What if my client’s asylum application was denied and is no longer pending?

A. It appears that he does not have to register under call-in special 
registration. The notices say that people who applied for asylum already have 
provided sufficient information in their application as well as their 
fingerprints. 67 Fed. Reg. 67766 and 70526. 


Q. Where do these men need to register?

A. The DOJ has specified only certain INS offices for special 
registration. A list of these offices is at 67 Fed. Reg. 67767, 70527 and also 
on AILF’s website 
http://www.ailf.org/lac/911PA.htm and on the INS website:

http://www.ins.gov/graphics/lawenfor/specialreg/index.htm


Q. What must registrants present and what will happen when they go to register?

A. Registrants will be asked questions “under oath.” The INS agent will “record” 
the answers. The registrant will be fingerprinted and photographed. The officer 
may ask to see travel documents, including passport and I-94; any other 
government-issued identification; proof of residence, including leases or proof 
of titles; proof of school matriculation; and proof of employment. The officer 
may ask many other, unrelated questions. 


Q. Do people who entered the U.S. without inspection need to register?

A. No. Only people who were inspected by the INS and last admitted into 
the U.S. as nonimmigrants are required to register under the call-in 
special registration.

 

Q. People who were admitted under “advance parole” -- do they need to 
register under “call-in” special registration?
A. We have been informed that the INS believes these people are “parolees” and 
thus not subject to call-in special registration. 
Q. How has the INS been treating people who go to register under call-in special 
registration?

A. Many people, including some who thought they were in lawful status, have been 
arrested when they have gone in to register. Some have been detained by the INS 
for up to several days before being released. In other cases, the INS has issued 
a Notice to Appear (NTA) to begin removal (deportation) proceedings.


Q. What if my client has an adjustment of status (AOS) application pending and 
filed under 245(i)?

A. The INS has arrested and/or issued NTAs against many people who have AOS 
applications pending, even if they filed under 245(i). Of course, 245(i) did not 
convey any legal status, but we submit that the intent of Congress would be 
thwarted if 245(i) beneficiaries were deported before they can adjust their 
status. 


Q. May a lawyer accompany the person registering?

A. Yes, the INS should permit a lawyer to accompany the registrant. We have 
heard of some cases, however, where the INS did not allow the lawyer to 
accompany the person registering. If this happens, you should protest and 
contact AILA or AILF immediately.


Q. If my client was admitted as a nonimmigrant but now is out of status, should 
he register?

A. It is impossible for us to give general advice that will fit every situation. 
Also, special registration is very new, so there is a lot we do not know about 
what will happen. But here are some risks and reasons on both sides. Of course 
there may be other risks and reasons in individual cases. Ultimately, the 
decision must be your client’s to make, after being informed of all the risks 
and reasons in his particular case. 

The risks of registering, especially if your client is out of status: 

 

The INS will ask him many questions, including (but also possibly going 
far beyond) his immigration status, his job, living situation, religious 
practices, family, friends, and acquaintances;

the INS may arrest and detain him for hours or days;

the INS may issue an NTA and begin removal (deportation) proceedings.

INA section 266(c) provides criminal penalties for knowingly providing 
false information when registering.

 
The risks of not registering:
a willful failure to register may make the nonimmigrant deportable for 
failure to maintain nonimmigrant status (unless the AG finds the failure was 
“reasonably excusable”);

although the regulations do not say so, there is concern that failure to 
register may be used by the INS or an immigration judge in the future as a 
negative discretionary factor in AOS or other applications for relief.

INA section 266(a) provides for criminal penalties for willful failure 
or refusal to register.

 

Q. Are there any “waivers” of the special registration requirements?

A. The special registration regulation provides for possible “relief” in 
individual cases. New 8 C.F.R. 264.1(f)(7) allows a nonimmigrant who is subject 
to special registration to apply to the district director or other designated 
official for this relief. The regulation says that the decision of this official 
is final and not appealable. 

Also, the regulation permits the Attorney General or the Secretary of 
State to exempt any individual nonimmigrant from the related “entry-exit” 
special registration, and thus possibly from the “call-in” special registration 
as well. 8 C.F.R. 264.1(f)(1). 


We do not yet know what criteria, is any, will be used in applying either of 
these “relief” provisions. 

Q. Do other registration requirements apply to people from these countries?

A. Yes. They must register annually and notify the INS of changes of address 
within 10 days of such a change. They may also be required to depart only from 
certain designed ports. See our website or the INS website for additional 
information. 


Q. What if my client did not register by the deadline but want to register 
later?

A. In some situations, it may be better to attempt to register late, especially 
if there is a good reason for the delay. In this situation, ideally you would 
accompany your client or send someone else with him as a witness when he 
attempts to register. If the INS refuses to allow him to register late, you 
should follow up with a letter and report what happened to AILA or AILF 
immediately. 


Q. Should citizens and nationals of other countries expect to have to register?

A. Yes, we expect that the DOJ may add other countries to the list, so people 
should be alert and check the AILA, AILF, and INS websites.


Q. Under what authority is the Attorney General requiring registration?

A. The Attorney General is citing INA sections 263(a) and 265(b), 8 U.S.C. 
sections 1303(a), 1305(b) and 8 C.F.R. 264.1(f) for authority.

[December 16, 2002]

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

1 Copyright (c) 2002, American Immigration Law 
Foundation. See www.ailf.org/copyright for information on reprinting this 
advisory. 

2 For those from the group of five countries, the 
person must have applied for asylum on or before November 6, 2002. For the group 
of 13 countries, the person must have applied for asylum on or before November 
22, 2002. For the group of three countries – Armenia (P.S. since deleted from the requirement); Pakistan, and Saudi Arabia 
- the DOJ has not yet published the applicable date.

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

 

 



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