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August 2003
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Immigration: the gatekeepers

Things will never be the same - the terrorist attacks of September 11 robbed us of our national innocence and changed the way we view our world. Mundane things and people, scarcely noticed before, are now transformed into objects meriting suspicion and scrutiny. Is that shopping bag sitting next to a trashcan a hiding place for a bomb or a chemical weapon? The foreign or unusually dressed man on the metro train is no longer an example of the richness and diversity of our society, but a potential terrorist.

These attacks also fueled public anxiety over the security of our borders. Jarred out of our complacency by the knowledge that some of the terrorists were foreign nationals living in this country illegally, Americans demanded to know: "Who's minding the store? Who is in the country? Where are they living? And what are they doing?"

Who's calling?
The United States - a cultural "melting pot" with a genuine commitment to diversity, human rights, and liberty. Who would not want to come? And people do come: as tourists, students and workers. Some are in pursuit of economic opportunity, and others are trying to escape tyranny or political persecution. They come for weeks, months, or years - some stay indefinitely. Some arrive illegally, risking their lives to cross our borders or using their life savings to pay for falsified entry documents.

Effective immigration laws and policies are meant to control and manage legal entry across our borders. For many years, America welcomed the majority of visitors with a smile and benign expectations. We were oceans away from the violence and terrorism that plagued Europe and the Mideast. Today, after 9/11, we have new expectations, and we are busily installing a host of new security systems to protect our homeland and the American people.

The green card - don't leave home without it
The green card, as everyone calls it, is an important alien registration security mechanism. This Permanent Legal-Resident Card lets authorities know that permanent resident aliens have a legal right to work, play, and move freely through our communities. Nonimmigrant aliens, people authorized to be in the country for temporary periods, must always carry a valid passport and an Arrival-Departure Record (I-94.) Then, of course, there is the "sweetheart visa" (K-1), that critical little piece of paper Uncle Sam insists that a foreign bride or groom must have to be able to tie the knot.

Last year, the Justice Department also announced that all non-U.S. citizens were required to provide notice to immigration officials of changes in their U.S. address within 10 days of any move. The requirement is not new and is based on a law that has been in place for over 50 years. Previously, the risk was not thought sufficient to warrant the resources necessary to stringently enforce the law, which applies to 10 million people living in the United States legally as well as to 8 or 9 million undocumented immigrants.

School daze
One of the ironies surrounding 9/11 was the fact that several of the terrorists who engineered the attack had entered the country on student visas. They obtained the skills and expertise they needed to launch their assault right here in American schools. The USA Patriot Act, passed on October 26, 2001, provided law enforcement agencies with the tools they needed to identify, expel, and prevent terrorists from entering the country. Most importantly, the Patriot Act allows for tighter controls on foreign students.

In the past foreign nationals who wanted to study in this country could enter the country under student provisions without having made application to any school. No more. Today foreign students need a letter of admission from an American school before they can enter the country. Another security measure: foreign nationals in the country under different provisions can request a change to student status, but they cannot begin their studies until they receive student status approval. Before the Patriot Act, they could start studying in the United States while waiting for approval.

On May 10, 2002, the Attorney General announced the Student and Exchange Visitor Information System (SEVIS) regulations. SEVIS is the next step in tracking and monitoring technology of non-immigrant students, exchange visitors, and their dependents. Implementation of an interactive portion of the system began on a voluntary basis on July 1, 2002, but on August 1, 2003, schools who have enrolled foreign students are now required to participate in SEVIS.

SEVIS captures vital information, such as the address of the student, port of entry, date of entry, and visa information. In addition, the course of study, record of enrollment, and courses completed must be entered - detailed academic information that provides evidence that non-resident students are really here to study.

National Security Entry-Exit Registration System (NSEERS)
The Patriot Act requires that DHS develop an entry-exit system that will provide greater protection for the United States and help aliens fulfill their responsibilities under U.S. law. NSEERS, also known as "special registration," translates into a simple mandate: visiting foreign nationals identified as high-risk must be fingerprinted at the port of entry and matched against a database of known criminals and terrorists. These visitors are selected on the basis of intelligence criteria that reflect patterns of terrorist activity. Periodically, foreign visitors here for more than 30 days or annually are required to register to confirm their place of residence and the reason for their continued presence in the U.S.

There is another change as well - instead of leaving the country at their own discretion, foreign visitors must leave from designated ports of entry where they are required to "check-out" and provide the details of their departure. This way immigration officials know immediately when a high-risk alien overstays his visa.

The next step in techno-tracking
By the end of 2003, the US-VISIT system will have replaced the special registration program. It will incorporate the SEVIS system and meet the congressional requirements for an automated entry-exit system. US-VISIT will use biometric identifiers, such as photographs and fingerprints, to track and monitor visitors. DHS Secretary Tom Ridge characterized US-VISIT as an "electronic check-in/check-out system for people who come to the United States to work or to study or visit."

Abiding by the rules of the house
Media coverage of heart-rending stories of immigrants caught up in a tangle of law and regulations are everywhere. Each has mitigating and complicating factors - children whose parents face deportation, men without terrorist ties who came forward to register only to be told they were here illegally. Every story is different, and each one illustrates the complexities that attend this issue. However, when it comes to protecting our homeland, it's not complicated it all. Our first priority is to secure our borders.


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