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OPT STEM Extension: DHS Expands List of STEM Degree Programs

The Department of Homeland Security (DHS) has announced an expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for an optional practical training (OPT) extension [OPT STEM extension]. The expanded list of designated STEM degree programs includes fields such as Pharmaceutical Sciences; Health/Medical Physics; Architectural and Building Sciences/Technology; Educational Evaluation and Research; Air Science/Airpower Studies; Archeology; and many other fields.

The OPT program allows qualified international students, who graduate from colleges and universities in the United States, to remain in US and receive training through work experience for up to 12 months. Students who graduate from a designated STEM degree program can remain for an additional 17 months on an OPT STEM extension. Generally, international students may be eligible for the 17 month OPT STEM extension if:

the degree for their current period of post-completion OPT is a bachelor’s, master’s or doctoral degree in a STEM program;
the employer from whom they are seeking work uses the E-Verify Program; and
they have not already received a 17-month extension of OPT.

DHS announces re-designation of Somalia for TPS

Department of Homeland Security has announced the re-designation of Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from September 18, 2012 through March 17, 2014.

Re-registration:

Somali nationals with TPS who are seeking to re-register for TPS must file their application packages during the 60-day re-registration period that runs from May 1, 2012, through July 2, 2012. A Somali national may be eligible under the re-designation if she or he has continuously resided in the United States since May 1, 2012, and has been continuously physically present in the United States since September 18, 2012.

Individuals re-registering for TPS must submit:

A Form I-821;
A Form I-765, regardless of whether they want an Employment Authorization Document (EAD);
The biometric services fee if they are age 14 or older; and
The Form I-765 application fee, but only if they want an EAD.

All individuals re-registering for TPS, who want an EAD, must pay the I-765 fee, regardless of age.

First time Registration:

Somalis, or persons without nationality who last habitually resided in Somalia, in the United States who do not currently have TPS may apply under the re-designation during the six-month period that runs from May 1, 2012 through October 29, 2012.

Individuals applying for TPS for the first time must submit:

A Form I-821;
A Form I-765, regardless of whether they want an Employment Authorization Document (EAD);
The Form I-821 application fee;
The biometrics services fee if they are age 14 or older; and
The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old.

Those under 14 or over 65 do not need to pay the I-765 fee with their initial TPS application.

Note: TPS applicants who are registering for the first time and applicants re-registering for TPS may request that USCIS waive any or all fees by filing a Form I-912, Request for Fee Waiver, or by submitting a written request. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.

DHS Announces Publication of Final Rule For Permanent Global Entry Program

The Department of Homeland Security (DHS) has recently announced the publication of a final rule that would establish as a permanent program, the ‘Global Entry’, a U.S. Customs and Border Protection (CBP) voluntary initiative that allows expedited clearance for pre-approved, low-risk travelers. The final rule establishes Global Entry as an ongoing voluntary regulatory program that is aimed at streamlining the international arrivals and admission process at Global Entry airports for trusted travelers through biometric identification. The final rule becomes effective on March 7, 2012.

The CBP Global Entry program offers quicker processing at select U.S. Ports of Entry for pre-approved, low-risk air travelers by providing an expedited inspection and examination process that allows them to proceed directly to automated Global Entry kiosks upon their arrival in the United States at Global Entry-equipped Ports of Entry.

For an overview of the Global Entry program, please click here.

DHS Proposes Reforms to Attract and Retain Highly Skilled Immigrants

As part of ongoing efforts to attract and retain immigrants who create jobs and boost competitiveness in the U.S., the Department of Homeland Security (DHS) has announced a series of administrative reforms that are aimed to make the United States more attractive to highly-skilled foreign students and workers, thereby improving the competitiveness of U.S. companies in the world market and stimulating U.S. job creation. A few of the notable initiatives announced are:

Expanding the eligibility for 17-month extension of OPT for F-1 International Students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).
Presently, an F-1 student may only engage in OPT for 12 months. F-1 students who graduate in programs of study classified as STEM can obtain a 17-month extension of OPT as part of their F-1 status if the degree they were conferred is included on the DHS list of eligible STEM degree programs. The proposed change would expand eligibility for extension of OPT to include students with a STEM degree that is not the most recent degree the student has received.
Providing work authorization for spouses of certain H-1B holders.
The proposed change would allow certain spouses of H-1B visa holders to legally work while their visa holder spouse waits for his or her Adjustment of Status application to be adjudicated. Specifically, employment will be authorized for H-4 dependent spouses of principal H-1B visa holders who have begun the process of seeking lawful permanent resident status through employment after meeting a minimum period of H-1B status in the U.S.
Harmonizing rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.
The proposed regulation would treat E-3 and H-1B1 visa holders the same as other employment-based H-1B and L-1 visa holders by allowing them to continue employment with their current employer for up to 240 days from the expiration of their authorized period of stay, if a petition to extend their status has been timely filed.
Allowing outstanding Professors and Researchers to present a broader scope of evidence of academic achievement.
The proposed change would increase the types of evidence that employers can submit to demonstrate that a Professor or Researcher is among the very best in their field and allow "comparable evidence" beyond the specifically articulated regulatory list.

DHS has only indicated that these administrative reforms will be completed in the future, but has not given clear timelines as to when these reforms would become effective. Hence, more details are awaited from the Department in this regard, before one can fully appreciate the impact of these initiatives.

DHS extends TPS for Sudan, Designates South Sudan for TPS

Department of Homeland Security has extended the Temporary Protected Status (TPS) designation for Sudan for 18 months, even while designating the new Republic of South Sudan for TPS for 18 months. Both the extension and the new designation are effective Nov. 3, 2011, and will continue through May 2, 2013.

DHS is also automatically extending the validity of employment authorization documents (EADs) issued under the last extension of Sudan TPS for an additional six months, through May 2, 2012. Any individual who has a valid TPS Sudan EAD is covered by this automatic extension, even though USCIS may ultimately register the individual under the South Sudan TPS designation and issue a new EAD reflecting his or her new nationality.

All affected individuals seeking to obtain or maintain their TPS must file their application package no later than April 10, 2012. Individuals registering for TPS under the new designation for the Republic of South Sudan or re-registering for TPS under the extension for Sudan must file a Form I-821, Application for Temporary Protected Status, and a Form I-765, Application for Employment Authorization, along with the required fees or a fee waiver request. Failure to submit the required application and biometric fees or a properly documented fee waiver request will result in the rejection of the TPS application package.

DHS Publishes Business Transformation Regulation

The Department of Homeland Security (DHS) has recently published a Business Transformation Regulation, Immigration Benefits Business Transformation, Increment I. The new regulation revises more than 50 parts of DHS regulations. Apart from eliminating references to outdated USCIS forms and descriptions of paper-based procedures, the changes made by this rule include removing obsolete and expired regulatory provisions; correcting and updating provisions affected by statutory changes; and revising or reorganizing sections or paragraphs for clarity and consistency, and to remove duplicative information.

The new regulation is said to be the first in a series of regulations intended to promote the migration of USCIS filings from a paper-based environment to an electronic one. USCIS has informed that over the next several years, it will roll out a secure, customer-friendly online account system that will enable and encourage customers to submit benefit requests and supporting documents electronically. While the new regulation will become effective on Nov. 28, 2011, comments and suggestions, if any, could be sent to USCIS till October 28, 2011.

EAD Processing Delays Cause Hardship, Says Ombudsman

On July 11, 2011, the Department of Homeland Security's Ombudsman noted that in some cases the U.S. Citizenship and Immigration Services (USCIS) fails to meet its regulatory requirement to process applications for employment authorization in 90 days, and USCIS generally does not issue interim employment authorization documents (EADs).

These processing delays have adverse consequences for employers and foreign national employees—applicants experience financial hardship from job interruption and termination, families face suspension of health benefits and individuals have difficulty renewing driver's licenses, while business operations stall from loss of employee services. The lack of immediate resolution through USCIS' designated venues exacerbates the situation.

The Ombudsman recommended that USCIS take the following actions to improve EAD processing:

establish methods at local offices to facilitate immediate resolution;
establish a uniform processing time goal of 45 days for adjudication and 60 days for EAD issuance;
improve monitoring and ensure real-time visibility through an automated system for tracking processing times;
follow established internal procedures for issuing interim EADs in cases where background checks are pending; and
issue replacement EADs with validity dates beginning on the date the old EAD expires.

USCIS currently directs applicants with EAD delays to contact the National Customer Service Center (NCSC) or the local district office; however, neither venue has the ability to provide direct assistance. The Ombudsman noted that USCIS is reviewing the procedures and may provide field offices with updated guidance on how to assist individuals with EAD applications pending beyond 90 days. Currently, USCIS representatives or officers assist individuals with delayed I-765s by submitting service requests or sending e-mails to the National Benefits Center or service centers.

While both service requests and emails alert the applicable office of a delay, I-765 adjudication and EAD delivery may take 10 or more days. According to the Ombudsman, even though customers receive responses to service requests in five days for expedite requests and 15 days for all other requests, these responses are often "generic and unhelpful." The responses are often that an applicant's case is "under review" but do not provide a timeline for issuance of the EAD. Other responses merely state that a decision will be issued in 30 or 60 days, when the application has already been pending more than 90 days. The Ombudsman said "such responses fail to address the problem because they do not assist the customer in rapidly obtaining an interim or final EAD. The failure to communicate useful information to customers often results in repeated telephone and in-person inquiries, causing inefficiencies for USCIS."

The Ombudsman also said USCIS' website lists alternative contact information, such as email addresses, for service centers and the USCIS Headquarters Office of Service Center Operations. However, before people email those addresses, USCIS advises them to wait 30 days for a response from NCSC and 21 days for a response from the service centers, "when even one day of delay may lead to financial loss for EAD applicants and business disruption for employers."

The Ombudsman termed the Vermont Service Center's five-day processing goal for background checks conducted in connection with adjudication of an I-765 a "best practice." Adjudicators email cases to the Background Check Unit (BCU), identifying the form type and marking it as an expedite request in the subject line. BCU monitors the inbox to ensure that cases are promptly referred to adjudicators and resolved within the specified timeline. This process allows USCIS to resolve minor concerns immediately, while carefully reviewing cases that involve national security, egregious public safety issues, criminal convictions or immigration fraud.

Employers Perceive E-Verify as Not Beneficial

A report titled "The Practices and Opinion of Employers Who Do Not Participate in E-Verify" by Westat has been concluded and submitted to DHS in December 2010. The report studies why employers are not participating in E-Verify, what employers want from it, and what employers thoughts are on a mandatory program.

The report details that while past users have been highly satisfied with E-Verify, as of 2009, only less than 3% of employers participated in E-Verify. The report presents the results of a nationwide survey of 511 employers who were non-users. Due to the low number of survey respondents, the study was supplemented by a focus group discussion by non-users.

Employers became aware of E-Verify through nongovernmental sources. However, 63% of employers were not aware of the program, which was the leading cause for their not participating in it. Of those who answered questions about their future plans, 23% said they planned to participate in E-Verify while 32% said they would not do so unless mandated.

The other primary reason for not participating in E-Verify was that employers did not perceive any benefits from doing so. In addition, those employers felt it would be too costly or too time-consuming to participate.

Case study participants wanted to see changes such as the ability for technology to assist in identifying fraudulent documents and identity verification. They would also like the system to allow formal appeals by employers and employees and that it should allow verification of job applicants before a job decision is made. Most participants did not want E-Verify to become a mandatory program.

Westat made recommendations in the study to increase awareness building of E-Verify through various sources and acknowledged that in order to get employers to use E-Verify it would most likely have to be mandated. If not, the government would need to address some of the priorities of employers, ensuring such a system would not pose a burden to employers and that it is cost effective. The Westat report concludes that in order to get all employers to participate, E-Verify would need to be made mandatory, however, that would be burdensome for employers, especially small businesses.

CBP Notice to Postpone H-2A and H-2B Temporary Worker Visa Exit Pilot Program

[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]
[Page 42909-42910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au09-91]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 09-34]

Notice of Postponement of H-2A and H-2B Temporary Worker Visa Exit Program Pilot

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: General notice; postponement of commencement date.

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SUMMARY: U.S. Customs and Border Protection (CBP) announces the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, originally set for August 1, 2009. The pilot program will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, to depart from one of those ports and to submit certain biographical and biometric information at one of the kiosks established for this

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purpose. A delay of the commencement date is necessary to ensure that the kiosks are fully operational.

DATES: The pilot program will commence December 8, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Erin M. Martin via e-mail at ERIN.Martin@dhs.gov.

SUPPLEMENTARY INFORMATION: On December 18, 2008, U.S. Customs and Border Protection (CBP) published a Notice in the Federal Register (73 FR 77049), announcing that CBP is establishing a new land-border exit system for H-2A temporary workers, starting on a pilot basis, at certain designated ports of entry.\1\ This notice was published concurrently and is in accordance with a Final Rule published by the Department of Homeland Security (DHS) in the Federal Register (73 FR 76891). The Final Rule implements the pilot program by adding 8 CFR 215.9, which provides that an alien admitted on an H-2A visa at a port of entry participating in the Temporary Worker Visa Exit Program must also depart at the end of his or her authorized period of stay through a port of entry participating in the program and present designated biographic and/or biometric information upon departure. As required by 8 CFR 215.9, CBP published a Notice in the Federal Register (73 FR 77049) designating H-2A workers that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, as participants in the Temporary Worker Visa Exit Program, who must depart from one of those ports and submit certain biographical and biometric information at one of the kiosks established for this purpose.

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\1\ The H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (designation for H-2A classification).

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On December 19, 2008, CBP published a Notice of Expansion of Temporary Worker Visa Exit Program Pilot To Include H-2B Temporary Workers in the Federal Register (73 FR 77817), in line with the Final Rule published concurrently by DHS in the Federal Register (73 FR 78104).\2\ The Final Rule expands the pilot program by amending 8 CFR 215.9, to provide that aliens admitted on an H-2B visa at a port of entry participating in the Temporary Worker Visa Exit Program must also depart at the end of his or her authorized period of stay through a port of entry participating in the program and present designated biographic and/or biometric information upon departure. As required by 8 CFR 215.9, as amended, CBP published a Notice in the Federal Register (73 FR 77817) to include H-2B workers in the Temporary Worker Visa Exit Program at the ports of San Luis, Arizona and Douglas, Arizona.

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\2\ The H-2B nonimmigrant classification applies to foreign workers coming to the U.S. temporarily to perform temporary, non- agricultural labor or services. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2) (designation for H-2B classification).

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Pursuant to the Notices in the Federal Register (73 FR 77049 and 73 FR 77817) published by CBP containing all the required elements referenced in 8 CFR 215.9, as amended, any alien that is admitted on an H-2A or H-2B visa into the United States at a designated port on or after August 1, 2009, is subject to the pilot program. However, in order to ensure that the facilities necessary to implement the pilot program are fully operational and meet the needs of the agency and the public, this notice postpones the start date of the pilot program. Accordingly, this notice postpones the start of the pilot program from August 1, 2009 to December 8, 2009.

Dated: August 20, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-20424 Filed 8-24-09; 8:45 am]

BILLING CODE 9111-14-P

DHS Establishes Interim Relief for Widows of U.S. Citizens

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.

“Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”

Secretary Napolitano also directed U.S. Citizenship and Immigration Services (USCIS) to suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse prior to the second anniversary of the marriage.

Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. DHS will soon issue guidance instructing the public on how to apply for this relief.

These directives apply regardless of whether the citizen filed a petition for the alien spouse before death. Deferred action is generally an act of prosecutorial discretion to suspend removal proceedings against a particular individual or group of individuals for a specific timeframe; it cannot resolve an individual’s underlying immigration status. Individuals granted deferred action may apply for work authorization if they can demonstrate economic necessity.

While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status.

DHS Stops Sending All Asylum Applications to DOS

[Federal Register: April 6, 2009 (Volume 74, Number 64)] [Rules and Regulations] [Page 15367-15369] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06ap09-2]

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services 8 CFR Part 208 [CIS No. 2440-08; DHS Docket No. USCIS 2008-0022]

Forwarding of Affirmative Asylum Applications to the Department of State

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule.

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SUMMARY: The Department of Homeland Security (DHS) is amending its regulations to alter the process by which it forwards Form I-589, Application for Asylum and Withholding of Removal, for asylum applications filed affirmatively with U.S. Citizenship and Immigration Services (USCIS) to the Department of State (DOS). The affirmative asylum process allows individuals, who are physically present in the United States, regardless of their manner of arrival and regardless of their current immigration status, to apply for asylum. The current regulation requires USCIS (formerly Immigration and Naturalization Service (INS)) to forward to DOS a copy of each completed asylum application it receives. This rule provides that USCIS will no longer forward all affirmative asylum applications to DOS. Instead, USCIS will send affirmative asylum applications to DOS only when USCIS believes DOS may have country conditions information relevant to the case. This change will increase the efficiency of DOS' review of asylum applications. Additionally, in accordance with the Homeland Security Act, this rule revises references to legacy INS in 8 CFR 208.11.

DATES: Effective date: This final rule is effective April 6, 2009. COMMENT DATE: Written comments must be submitted on or before June 5, 2009 in order to be assured of consideration. ADDRESSES: The public may submit comments, identified by DHS Docket No. USCIS-2008-0022, by any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security,111

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Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2008-0022 on the correspondence. This mailing address may be used for paper, disk, or CD-ROM submissions.

HAND DELIVERY/COURIER: U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.

FOR FURTHER INFORMATION CONTACT: Jedidah M. Hussey, Deputy Chief, Asylum Division, Refugee, Asylum, and International Operations Directorate, U.S. Citizenship and Immigration Services, 20 Massachusetts Avenue, NW., Third Floor, Washington, DC 20529; Telephone (202) 272-1614.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this final rule. USCIS also invites comments that relate to the economic, environmental, or federalism effects that might result from this final rule. Comments that will provide the most assistance to USCIS in developing these procedures will reference a specific portion of the final rule, explain the reason for any recommended change, and include data, information, or authority that support such recommended change.

Instructions: All submissions received should include the agency name and DHS Docket No. USCIS-2008-0022 for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may also be inspected at the Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529.

II. Background

DHS regulations, at 8 CFR 208.11(a), currently state, ``The Service shall forward to the Department of State a copy of each completed application it receives. At its option, the department of State may provide detailed country conditions information relevant to eligibility for asylum or withholding of removal.'' Under the affirmative asylum application process, USCIS receives asylum applications filed by applicants who are not in removal proceedings at its service centers. Upon receipt of an asylum application, service center personnel review the asylum application to confirm that the application is properly filed and complete, after which the service center forwards the application to one of the Asylum Division's eight field asylum offices for adjudication by an asylum officer.

Simultaneously, the service center forwards a copy of the asylum application to DOS's Bureau of Democracy, Human Rights and Labor (DRL). However, when an asylum applicant is permitted to file an asylum application directly with an Asylum Office, the Asylum Office is responsible for forwarding a copy of the application to DRL.

In fiscal year 2007, USCIS received 25,680 affirmative asylum applications and forwarded a copy of each to DOS. DOS and USCIS have determined that the current forwarding process is not an efficient method for the agencies to identify and review cases for which DOS review would yield the most value. To address this problem, this rule permits USCIS, in its discretion, to send affirmative asylum applications to DOS in those cases where USCIS believes DOS would be likely to have information relevant to the applicant's eligibility for asylum and withholding of removal. Generally, this would be information that is not otherwise available or confirmation of publicly available information, where such validation would be helpful to the adjudication.

Additionally, USCIS and DOS have already implemented an arrangement in which USCIS's Asylum Division headquarters (HQASM) forwards certain applications to DRL for review and comment. USCIS requires all Asylum Offices to send specific categories of cases to HQASM for further review after the Asylum Office completes its initial interview and preliminary assessment of eligibility. HQASM reviews these cases for quality assurance purposes to ensure that eligibility standards are properly applied. In conducting the quality assurance review, an asylum officer at HQASM seeks DRL comments if the asylum officer believes that DRL could provide information specific to the applicant or the applicant's situation. This process has proven to be a productive system by which USCIS obtains country conditions information on specific cases. USCIS and DOS intend to maintain this system, which has been in place for several years.

DRL applies its country conditions expertise to asylum matters in a variety of ways, which as a whole are referred to as DRL's asylum function. Consistent with the regulation currently at 8 CFR 208.11(c), and as will be retained in the amended regulation, DRL responds to requests for comments on cases specifically brought to its attention by USCIS's Asylum Division and by the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR) immigration judges.

DRL also produces updated issue papers or ``country profiles'' for use in asylum adjudications, and it responds to certain DHS, U.S. Immigration and Customs Enforcement's requests for document verification in asylum cases before EOIR. Additionally, DRL is required to provide to Congress annually Country Reports on Human Rights Practices and International Religious Freedom Reports which provide country conditions information that will continue to be useful to the adjudication of asylum applications. This rule will not alter these DRL functions. This rule also does not affect how USCIS reviews and considers these DRL published reports in asylum adjudications. USCIS will continue to review the aforementioned reports, which provide country conditions information useful to the adjudication of asylum applications.

Finally, this rule is limited to 8 CFR 208.11. This rule only addresses submissions of affirmative asylum applications from USCIS to DOS. It does not make any amendments to 8 CFR 1208.11, which governs the defensive application procedure for asylum applications filed by individuals in removal proceedings before EOIR.

III. Regulatory Requirements

A. Administrative Procedures Act

This rule addresses requirements that are procedural in nature and does not alter the substantive rights of applicants or petitioners for immigration benefits. Accordingly, this rule is exempt from the notice and comment requirements under the Administrative Procedures Act (APA) at 5 U.S.C. 553(b)(A). This rule does not change the eligibility rules governing any immigration benefit and it will not confer rights or obligations upon any party. Accordingly, USCIS is implementing these amendments effective immediately upon publication in the Federal Register. Nonetheless, DHS believes that public comments may be valuable and is providing the public the opportunity to make comments on this change as a matter of discretion. Comments are welcome about the relationship between the USCIS and DOS, DHS and DOS, and the role of foreign policy considerations in asylum adjudications.

B. Regulatory Flexibility Act

Because USCIS is not required by the APA to publish a notice of proposed rulemaking to make the changes promulgated in this rule, the Regulatory Flexibility Act (RFA) is not applicable.

C. 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 million 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.

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 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of the United States-based companies to compete with foreign-based companies in domestic and export markets.

E. Executive Order 12866

This rule has been designated as not significant under Executive Order 12866, section 3(f), Regulatory Planning and Review. Thus it has not been reviewed by the Office of Management and Budget.

F. Executive Order 13132: Federalism

This rule 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 section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

D. Small Business Regulatory Enforcement Fairness Act of 1996

G. Executive Order 12988: Civil Justice Reform

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

H. Paperwork Reduction Act

The information collection requirement (Form I-589) contained in this rule has been previously approved by the Office of Management and Budget under the provisions of the Paperwork Reduction Act. The OMB control numbers for these collections are contained in 8 CFR 299.5, Display of control numbers. This rule does not contain a new or revised information collection.

List of Subjects in 8 CFR Part 208

Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements

Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows:

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

The authority citation for part 208 continues to read:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

Section 208.11 is revised to read as follows:

Sec.208.11 Comments from the Department of State.

U.S. Citizenship and Immigration Services (USCIS) may request, at its discretion, specific comments from the Department of State regarding individual cases or types of claims under consideration, or such other information as USCIS deems appropriate.

With respect to any asylum application, the Department of State may provide, at its discretion, to USCIS:

Detailed country conditions information relevant to eligibility for asylum or withholding of removal;

An assessment of the accuracy of the applicant's assertions about conditions in his or her country of nationality or habitual residence and his or her particular situation;

Information about whether persons who are similarly situated to the applicant are persecuted or tortured in the applicant's country of nationality or habitual residence and the frequency of such persecution or torture; or

Such other information as it deems relevant.

CBP Reminds Travelers to Obtain I-94 Permit Early for Easter Travel

U.S. Customs and Border Protection officials in San Diego are anticipating an increase in applications by Mexican travelers for the required I-94 permit during holy week and the Easter holiday.

Mexican border crossing card (or “laser visa”) holders who plan to make an extended visit to the United States during the upcoming holiday season are urged to obtain the essential document early instead of waiting until the day of travel, CBP officials announced today.

“We urge travelers to obtain the required document as much as a week early to avoid congestion and potential delays, if they apply now they will obtain the essential document faster and more conveniently,” said Oscar Preciado, port director of the San Ysidro and Otay Mesa passenger border stations. “Travelers may obtain the permit 24 hours a day at both the San Ysidro and Otay Mesa ports.”

Permit seekers are reminded that at the San Ysidro facility they must leave their vehicles in Mexico and travel on-foot to the old port building on the pedestrian walkway just across the border. Because the building is located in front of the pedestrian entrance to the port, travelers will not need to make formal entry into the U.S. and can conveniently walk back to Mexico.

At the Otay Mesa border crossing, permit seekers must also travel on foot to obtain the I-94 at the pedestrian facility.

As the busiest land border port in the nation with 35,000 - 40,000 vehicles and 20,000 pedestrians daily entering the U.S. through its gates, the San Ysidro facility is one of the Southwest border stations most affected by heavy holiday I-94 processing.

All traveling family members need to be present during the I-94 application process. Those requesting the permits also must be able to establish financial solvency and proof of residency outside the U.S.

Presidential Memo on Deferred Enforced Departure for Liberians

Since 1991, the United States has provided safe haven for Liberians who were forced to flee their country as a result of armed conflict and widespread civil strife, in part through granting Temporary Protected Status (TPS). The armed conflict ended in 2003 and conditions improved such that TPS ended effective October 1, 2007. President Bush then deferred the enforced departure of the Liberians originally granted TPS. That grant of Deferred Enforced Departure (DED) expires on March 31, 2009. I have determined that there are compelling foreign policy reasons to extend DED to those Liberians presently residing in the United States under the existing grant of DED.

Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 12 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who is under a grant of DED as of March 31, 2009. The grant of DED only applies to an individual who has continuously resided in the United States since October 1, 2002, except for Liberian nationals, or persons without nationality who last habitually resided in Liberia:

who are ineligible for TPS for the reasons provided in section 244(c)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. 1254a(c)(2)(B);

whose removal you determine is in the interest of the United States;

whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States;

who have voluntarily returned to Liberia or his or her country of last habitual residence outside the United States;

who were deported, excluded, or removed prior to the date of this memorandum; or

who are subject to extradition.

Accordingly, I direct you to take the necessary steps to implement for eligible Liberians:

A deferral of enforced departure from the United States for 12 months from March 31, 2009; and

Authorization for employment for 12 months from March 31, 2009.

BARACK OBAMA

DHS Published Notice of Designating Countries Eligible for H-2B Program

On December 19, 2008, DHS published in the Federal Register a final rule ‘Changes to Requirements Affecting H-2B Nonimmigrants,’ which provides that the Secretary of Homeland Security will publish a list of designated countries whose nationals can be the beneficiaries of an approved H-2B petition and are eligible for H-2B visas. This initial list will be composed of countries that are important for the operation of the H-2B program and are cooperative in repatriation of its citizens, subjects, nationals or residents who are subject to a final order of removal from the United States. Publication of such notice is made by the Secretary of Homeland Security, with the concurrence of the Secretary of State.

Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2B nonimmigrant status for nationals of countries designated by means of this list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, this notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2B program.

This notice is effective January 18, 2009, and shall be without effect at the end of one year after January 18, 2009.

Designation of Countries Whose Nationals Are Eligible to Participate in the H-2B Visa Program:

Pursuant to the authority provided to the Secretary of Homeland Security under sections 241, 214(a)(1), and 215(a)(1) of the Immigration and Nationality Act (INA) (8 U.S.C. 1231, 1184(a)(1), and 1185(a)(1)), I have designated, with the concurrence of the Secretary of State, that nationals from the following countries are eligible to participate in the H-2B visa program:

Argentina;
Australia;
Belize;
Brazil;
Bulgaria;
Canada;
Chile;
Costa Rica;
Dominican Republic;
El Salvador;
Guatemala;
Honduras;
Indonesia;
Israel;
Jamaica;
Japan;
Mexico;
Moldova;
New Zealand;
Peru;
Philippines;
Poland;
Romania;
South Africa;
South Korea;
Turkey;
Ukraine;
United Kingdom.

This notice does not affect the status of aliens who currently hold H-2B nonimmigrant status.

DHS Secretary Napolitano Issues Immigration and Border Security Action Directive

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced today a wide-ranging action directive on immigration and border security.

The directive requires specific department offices and components to work together and with state and local partners to review and assess the plans and policies to address: criminal and fugitive aliens; legal immigration benefit backlogs; southbound gun smuggling; cooperation with the National Guard; widows and widowers of U.S. citizens; immigration detention centers; and electronic employee verification.

Secretary Napolitano has already issued 11 action directives: Federal Emergency Management Agency (FEMA) state and local integration; national planning, cybersecurity; northern border strategy; critical infrastructure protection; risk analysis; state and local intelligence sharing; transportation security; state, local and tribal integration; first responder health surge capacity and Hurricane Katrina.

Today’s directive is the last in an initial series on a wide variety of issues impacting the department’s critical missions: Protection, Preparedness, Response, Recovery and Immigration.

The full action directive is below:

Immigration and border security - America is a nation of immigrants – and it is the Department of Homeland Security's role to manage America’s borders in a way that furthers this heritage, promoting legal immigration and cross-border commerce, while upholding the rule of law. The department must also enforce the law, targeting border criminals who use violence and fraud to smuggle people and drugs into the United States. But, the department must facilitate international travel and the naturalization of immigrants into our society. Smart, resolute enforcement by the department can keep Americans safe, foster legal immigration to America, protect legitimate commerce, and lay the groundwork for a more comprehensive reform.

To this end, the relevant components and offices of the department are asked to provide the following assessments about current programs, including metrics of success, gaps in service/ resources, partnerships with state and local governments and other federal agencies as well as offer suggestions for reforms, restructuring, and consolidation where needed.

For each assessment, a final report is due Feb. 20.

Criminal and Fugitive Aliens

The Secure Communities Program works with state, local, and tribal law enforcement to identify and remove aliens unlawfully present who are involved in criminal activity. How can we best accelerate its development and expansion?

The Institutional Removal Program facilitates the entry of final removal orders before aliens convicted of crimes are released from criminal custody. What measures are needed, and with what priority, to secure expansion of this resource-saving program? Which state or federal facilities are the main targets of opportunity for efficient expansion? What specific cooperation is needed from the Department of Justice (DOJ) to facilitate expansion?

Fugitive Operation Teams. Please provide the current metrics of fugitive apprehension and removal (clearly differentiate the number of fugitives that are actually removed versus those aliens unlawfully present who are simply encountered by the teams while on assignment). How can fugitives be more effectively prioritized for these purposes and what steps can be taken to expedite removal?

The Electronic Travel Document Program facilitates the travel of persons subject to removal orders. How can the department best secure an expansion of this program to include the consulates of additional countries?

The 287(g) program provides for agreements whereby federally trained and supervised state and local law enforcement officials can participate in the investigation, apprehension, and transport of unauthorized aliens. How many officers have been trained to date? How many agreements have been signed with state and locals to date and how many are ready to be signed? What is the current turnaround time to sign an agreement and what can be done to expedite more agreements? How does this model compare in cost, effectiveness, and administration, to other forms of cooperation with these officials or entities? What are the strengths and challenges with jail model agreements versus task force model agreements?

Legal Immigration Benefit Backlogs - What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?

Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?

Southbound Gun Smuggling - A growing wave of criminal violence in Mexico’s border communities and in the interior of the country, fueled by the availability of guns and currency smuggled south from the U.S. poses a serious threat to Mexico’s security and portends deepening problems for our nation’s border regions. How are U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection currently addressing southbound smuggling and how can these efforts be improved? Include an assessment of potential infrastructure needs, investigative and interdiction capabilities, and cooperation with other agencies or offices such as the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration (DEA), or the Department of State Bureau of International Narcotics and Law Enforcement Affairs, and with intelligence centers (the DEA El Paso Intelligence Center and DOJ National Drug Intelligence Center). Also assess the prospects for enhanced use of investigations and prosecutions for money laundering or other financial offenses to disrupt the illicit firearms trade. Please explain how these efforts will be enhanced with funding from the Merida Initiative and how this is being coordinated with the states and the Office of National Drug Control Policy.

National Guard. Describe and assess the current deployment of the National Guard at or near the border. What overarching plans exist for coordinating with the Guard at the border? How could the arrangements for the Guard’s presence be made more effective for support of DHS missions?

Widows and Widowers of U.S. Citizens - Recent media accounts have highlighted the cases of widows and widowers of U.S. citizens who had petitioned for the alien spouse’s immigration, but whose petitions were not adjudicated before the citizen spouse’s death. Because of the death of the petitioning spouse, the petitions were denied. What are the regulatory, legislative, and litigation options that could be considered to immediately address the situation of these widows and widowers?

Immigration Detention Facilities - What is the current status of the Performance Based National Detention Standards (Standards), and in what ways do they improve upon previous detention standards? To which facilities do they apply at present, and what are the plans for full application of the standards to all facilities housing ICE detainees? How do the Standards address concerns associated with the treatment of families and unaccompanied children? What are the arrangements for monitoring compliance with the Standards, and what corrective actions or sanctions are applied in the case of violation or shortfall? What steps are taken to segregate ordinary detainees from those with a serious criminal record (either immigration detainees or other inmates of a facility that may also house prisoners in the criminal justice system)? What are the prospects, advantages, and disadvantages of expanding the use of community-based alternatives to detention or of less-restrictive models of detention as have been used in Broward County, Fla.?

Electronic Employment Verification - Reducing unauthorized employment is crucial for controlling the problem of illicit migration. E-Verify has been a key component in proposals for comprehensive immigration reform and holds real promise as a central element in effective immigration enforcement that combines border efforts with interior measures. But E-Verify has encountered criticism both for false negatives (persons who are authorized to work but who nonetheless receive a tentative non-confirmation from the system) and for false positives (unauthorized aliens who receive a confirmation because they have borrowed or stolen the identity of an authorized worker).

Secretary Napolitano Issues Action Directives on FEMA State and Local Integration and National Planning

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced two action directives, on Federal Emergency Management Agency (FEMA) integration with state and local partners and national planning.

These directives instruct specific offices to gather information, review existing strategies and programs, and provide oral and written reports back to her in February. Secretary Napolitano has already issued seven action directives: cyber security; northern border strategy; critical infrastructure protection; risk analysis; state and local intelligence sharing; transportation security; and state, local and tribal integration. She will continue to issue additional action directives in the coming days focused on the missions critical to the department: Protection, Preparedness, Response, Recovery and Immigration.

The full action directives are below:

FEMA state and local integration - Ensuring the nation’s preparedness for all events and all hazards is vital to economic and homeland security and a responsibility of all levels of government. To that end, FEMA shall work with state and local emergency management to:

Immediately review plans and activities underway to strengthen and coordinate preparedness activities and assess any overlaps and inconsistencies in these plans and activities. These assessments should include, but not be limited to, the following:

Post-Katrina Emergency Management Reform Act
Target Capabilities List; the Integrated Planning System
State Preparedness Reports
Federal Preparedness Reports
Nationwide Plan Reviews
Planning requirements for emergency management grants
National Response Framework

Immediately submit any possible restructuring or consolidations for these plans and activities that are necessary and identify areas where state and local emergency management agencies can provide input.

An oral report is due Feb. 9, with a final report due Feb. 23.

National planning - The department is leading an interagency effort to develop plans at multiple levels to address eight scenario sets, which are based on the 15 National Planning Scenarios crafted by the Homeland Security Council. DHS and the federal interagency are utilizing the Integrated Planning System to develop and adjudicate interagency plans for each scenario. What is the status of each of these plans and the anticipated timeframe and actions needed to complete the process? Are there any recommendations for restructuring or consolidation? Where can state and local emergency management agencies provide input and assistance? An oral report is due Feb. 9, with a final report due Feb. 23.

Upgraded Biometric Technology Facilitates Visitors' Entry to the US

The U.S. Department of Homeland Security (DHS) announced today that upgraded biometric technology is in place at major U.S. ports of entry, and most international visitors should expect to use the new technology when they enter the United States. DHS's US-VISIT program began upgrading its biometric technology from a two- to a 10-fingerprint collection standard in 2007 to make the entry process faster and more accurate, enabling DHS officials to focus their attention on people who may pose a risk to the United States.

"Since 2004, biometrics have facilitated legitimate travel for millions of visitors entering the United States," said US-VISIT Director Robert Mocny. "The 10 fingerprint upgrade makes this proven system even more efficient and enhances the security of our nation."

For nearly five years, U.S. Department of State (State) consular officers and U.S. Customs and Border Protection (CBP) officers have collected biometric information—digital fingerprints and a photograph—from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at major U.S. ports of entry. State consular officers began collecting 10 fingerprints from visa applicants in 2007.

Collecting 10 fingerprints increases fingerprint matching accuracy and reduces the possibility that the system will misidentify an international visitor. It also strengthens DHS's capability to check visitors' fingerprints against the Federal Bureau of Investigation's (FBI) criminal data and enables DHS to check visitors' fingerprints against latent fingerprints collected by Department of Defense (DOD) and the FBI from known and unknown terrorists around the world.

DHS's US-VISIT program, in cooperation with CBP, is leading the department's upgrade to 10 fingerprint collection. This upgrade is the result of an interagency partnership among DHS, FBI, DOD and State.

US-VISIT provides biometric identification services to agencies throughout federal, state and local government. The program's most visible service is the collection of biometrics from international visitors when they apply for visas and enter the United States. Since US-VISIT began in 2004, DHS's use of biometrics has helped prevent the use of fraudulent documents, protect visitors from identity theft, and stop thousands of criminals and immigration violators from entering the United States.

DHS Announces Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program (VWP)

The U.S. Department of Homeland Security (DHS) announced today an Interim Final Rule that replaces the current Guam Visa Waiver Program (VWP) with a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands (CNMI). This rule also authorizes the department's U.S. Customs and Border Protection (CBP) to establish as many as six new ports of entry in the region in order to administer and enforce the Guam-CNMI VWP and to allow for immigration inspections under the Immigration and Nationality Act.

The revised Guam-CNMI Visa Waiver Program (VWP) allows visa-free entry for nonimmigrant visitors from eligible countries to Guam and the CNMI for business or leisure travel, as well as extends visiting time from 15 to 45 days. The program is scheduled to be implemented June 1, 2009. The current Guam Visa Waiver Program (VWP) and CNMI immigration laws will continue to apply until the implementation date of this regulation.

Travelers seeking admission to Guam under the new program must possess a valid, unexpired machine-readable passport and present a valid and completed CBP Form I-94 and CBP Form I-736, and must not have previously violated the terms of any prior admission to the U.S.

Section 702(a) of the Consolidated Natural Resources Act of 2008, signed into law by President Bush on May 8, 2008, extends U.S. immigration laws to the CNMI to ensure uniform adherence to long-standing federal immigration policies and to bring the CNMI in line with other U.S. communities. Section 702(b), which is implemented by the interim final rule, establishes a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands.

Eligible countries under the new Guam-CNMI Visa Waiver Program (VWP) include: Australia, Brunei, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, Taiwan and the United Kingdom including Hong Kong.

ESTA Requirements for Visa Waiver Program Travelers Effective Today

The U.S. Department of Homeland Security (DHS) today reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the Visa Waiver Program (VWP).

“We have been collecting information from visa waiver travelers for decades, and establishing a program to get that same information in advance is one enhancement that allowed us to extend the valuable benefit of visa-free travel to eight new countries in 2008,” said Homeland Security Secretary Michael Chertoff. “In addition to building business and cultural ties with our partners overseas, this is a commonsense step into the 21st century that will improve our efficiency in screening and welcoming international travelers at our ports of entry.”

ESTA is a web-based system, initially launched in August 2008, determines the preliminary eligibility of visitors to travel under the Visa Waiver Program (VWP) prior to boarding a carrier to the United States. To date, more than 1.2 million ESTA applications have been received, and more than 99.6 percent of applicants have been approved, most within seconds.

DHS will take a reasonable approach to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009. Travelers without an approved ESTA are advised, however, that they may be denied boarding; experience delayed processing, or be denied admission at a U.S. port of entry.

DHS received authorization for Visa Waiver Program (VWP) reforms through the Implementing Recommendations of the 9/11 Commission Act of 2007. The VWP is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. To be admitted to the Visa Waiver Program (VWP), a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the U.S. and timely reporting of both blank and issued lost and stolen passports. Visa Waiver Program (VWP) members are also required to maintain high counter-terrorism, law enforcement, border control, and document security standards.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the Visa Waiver Program (VWP): Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.

Fact Sheet: E-Verify Strengthening the Employment Eligibility Document Review Process for the Nation’s Employers

E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program.

Free, safe, secure and simple to use, E-Verify is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The program provides participating employers an automated Internet-based resource to verify the employment eligibility of newly hired employees. Participating employers run authorization checks on all newly hired employees, including U.S. citizens and non-U.S. citizens, against SSA and DHS databases (about 449 million, and 60 million records respectively). Through this process, E-Verify assists employers in maintaining a legal workforce and protects jobs for authorized U.S. workers.

USCIS began testing a photo screening tool enhancement to E-Verify and formally launched it on Sept. 17, 2007. The tool allows a participating employer to check the photos on Employment Authorization Documents (EAD) or Permanent Resident Cards (green cards) against images stored in USCIS databases. The goal of the photo tool is to detect and deter identify fraud by helping employers determine whether the document presented is the same document issued by USCIS (e.g., that it is not a forgery involving photo-substitution).

More than 100,000 employers are currently using the E-Verify program to verify that their new hires are authorized to work in the United States. For FY2009 to date, more than 2 million employment verification queries have been run. During FY2008, approximately 6.6 million employment verification queries were run (as compared to a total of 3.27 million in all of FY2007). The Department of Homeland Security’s FY2009 appropriation legislation, signed into law on Sept. 30, 2008, provided $100 million to continue, expand and improve E-Verify in FY2009.

Employers can register for E-Verify on-line, (see the “Related Links” section on the upper-right hand side of this page for a link.) The site provides instructions for completing the Memorandum of Understanding (MOU) needed to officially register for the program. Once registered, employers use E-Verify by entering information captured on the Employment Eligibility Verification form (I-9).

A recent study conducted by Westat, a social science research firm which monitors the effect of various changes made to the E-Verify program, found that between April and June 2008:

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) first authorized the program. E-Verify evolved from the Basic Pilot/Employment Eligibility Verification Program, which originally developed in 1997 and was made available to employers as a Web-based program in 2004. The Basic Pilot Extension and Expansion Act of 2003 extended E-Verify until November 2008.

USCIS Issues Correction to T & U Visa Interim Final Rule

The Department of Homeland Security (DHS) corrects an inadvertent error that was made in the Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status interim rule published in the Federal Register on December 12, 2008.

Need for Correction

On December 12, 2008, the Department of Homeland Security published an interim rule in the Federal Register at 73 FR 75540 to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident.

At 8 CFR 245.24 DHS inadvertently: Ended the sentence in paragraph (d)(9) with a ``:'' instead of a ``;'',

Omitted the word ``facts'' immediately after the word ``specific'' at the end of paragraph (d)(9), and

Ended the sentence in paragraph (d)(10) with a ``period'' rather than a ``; and''.

Correction of Publication

Accordingly, the publication on December 12, 2008, at 73 FR 75540 of the interim final rule that was the subject of FR Doc. E8-29277 is corrected as follows:

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245.24 [Corrected]

On page 75561, in the second column, at the end of paragraph (d)(9), revise the term ``by specific:'' to read: ``by specific facts;''.

On page 75561, in the second column, at the end of paragraph (d)(10), remove the ``.'' and add a ``; and'' in its place.

Read the complete interim rule on Adjustment of Status to Permanent Residency for aliens in T and U nonimmigrant status …

DHS Designates Malta as a Visa Waiver Program Country

The U.S. Department of Homeland Security (DHS) will designate Malta as a Visa Waiver Program (VWP) country on Dec. 30, 2009. Maltese nationals will be able to travel visa-free to the United States effective Dec. 30th.

“I commend Malta’s commitment to meeting all of the security requirements for joining the Visa Waiver Program this year,” said Homeland Security Assistant Secretary for Policy Stewart Baker. “This development will further strengthen the U.S. relationship with Malta and reflect our joint commitment to enhancing trade, travel, and security for all our citizens.”

Malta was required to meet various security requirements, including more enhanced law enforcement and security-related data sharing with the United States. VWP members are also required to maintain high counterterrorism, law enforcement, border control and document security standards.

The VWP will enable citizens of Malta to travel to the United States, beginning on Dec. 30, 2009, for 90 days or less for tourism or business purposes without a visa, provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA).

Currently, 34 countries participate in the Visa Waiver Program. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the opportunity for aspiring countries to join the program. This legislation also mandates certain improvements to the VWP for all participating countries, such as the requirement that travelers first obtain an online authorization to travel under the newly established ESTA, a web-based system that determines the preliminary eligibility of visitors to travel under the VWP prior to boarding a carrier to the United States.

Beginning Jan. 12, 2009, all visitors from VWP countries must apply for and receive an approved travel authorization via ESTA to board a plane or vessel bound for the United States. Of the more than 732,000 ESTA applications filed so far, over 99.7 percent have been approved, the vast majority in less than one minute.

DHS Published Final Rule on Changes to H-2B Visa Regulations

This final rule amends Department of Homeland Security (DHS) regulations regarding temporary nonagricultural workers, and their U.S. employers, within the H-2B nonimmigrant classification. The final rule removes certain limitations on H-2B employers and adopts streamlining measures in order to facilitate the lawful employment of foreign temporary nonagricultural workers. The final rule also addresses concerns regarding the integrity of the H-2B program and sets forth several conditions to prevent fraud and protect laborers' rights. The final rule will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program.

The rule generally removes the requirement for H-2B petitioners to state on petitions the names of prospective H-2B workers who are outside the United States and reduces the existing obligatory waiting period from 6 months to 3 months for an H-2B worker who has reached his or her maximum three-year period of stay in H-2B nonimmigrant status before such person may seek an extension of nonimmigrant stay, change of status, or readmission to the United States in any H or L nonimmigrant status. The rule provides a more flexible definition of ``temporary services or labor,'' which is generally defined as a period of one year but could be for a specific one-time need of up to 3 years.

Some of the key features of this rule include:

To better ensure the integrity of the H-2B program, this rule eliminates DHS's current practice of adjudicating H-2B petitions where the Secretary of Labor or the Governor of Guam has not granted a temporary labor certification.

The rule also prohibits H-2B petitioners from requesting an employment start date on the Form I-129, Petition for a Nonimmigrant Worker, that is different than the date of need listed on the approved temporary labor certification.

The final rule requires H-2B petitioners to notify DHS when the H-2B worker fails to report for work, is terminated prior to the completion of the work for which he was hired, or absconds from the worksite.

This rule also precludes employers from passing the cost of recruiter fees charged by a petitioner, agent, facilitator, recruiter, or similar employment service to prospective H-2B workers as a condition of an offer of H-2B employment.

Under this rule, employers and H-2B workers may agree that certain transportation costs and government-imposed fees be borne by H- 2B workers, if the passing of such costs to these workers is not prohibited under the Fair Labor Standards Act or any other statute. Moreover, the rule enforces the existing penalties at section 214(c)(14) of the Immigration and Nationality Act (INA) in the case of an employer who fails to meet any of the conditions of the H-2B petition, or who willfully misrepresented a material fact in the H-2B petition. Employers who fail to meet the H-2B conditions or who willfully make material misrepresentations on an H-2B petition may, under the statute, be precluded from approval for a period of up to 5 years of any H (except H-1B1), L, O, or P-1 nonimmigrant visa petition, or any immigrant visa petition described in section 204 of the INA, they may file with DHS.

This rule also provides that DHS will publish in a notice in the Federal Register a list of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible for its nationals to participate in the H-2B program. Finally, this rule establishes a pilot exit control program for certain H-2B workers, by requiring them to report their departure at designated ports of entry. U.S. Customs and Border Protection (CBP) will publish a notice in the Federal Register describing the procedures and requirements for participation in this pilot program.

We may want to read the complete H2B Final Rule here

DHS Citizenship and Immigration Services Ombudsman Issues a Study and Recommendations on Naturalization Oath Ceremonies

The U.S. Department of Homeland Security’s (DHS) Citizenship and Immigration Services (CIS) Ombudsman Michael Dougherty today issued a study and recommendations on Naturalization oath ceremonies.

The Ombudsman noted that U.S. Citizenship and Immigration Services (USCIS) naturalized more than one million new citizens during Fiscal Year 2008, surpassing last year’s number by almost 400,000. However, the Ombudsman received credible information that one court denied USCIS the opportunity to administer the oath in a timely fashion to more than 1,900 approved naturalization applicants. The court’s delay adversely impacted the ability of these individuals to vote in the recent general elections.

“USCIS leadership and staff worked hard to naturalize these new citizens, and they had the assistance of many district courts that proved flexible in scheduling additional naturalization oath ceremonies,” said CIS Ombudsman Michael Dougherty. “Courts that choose to assert exclusive authority to naturalize new citizens should also embrace a customer service ethic that recognizes the singular importance of oath ceremonies.”

A lawful permanent resident seeking to become a citizen of the U.S. is generally required to apply for naturalization with USCIS, which administers immigration benefits and services for DHS. If USCIS approves the application, the individual is required to take the oath of allegiance to the U.S. The study recommends that administrators overseeing federal court operations work with USCIS to provide better guidance to court officials.

The Immigration and Nationality Act as amended, vests the DHS Secretary with sole authority to naturalize applicants, but gives eligible courts the option to assert exclusive authority to administer the oath of allegiance within 45 days of USCIS approval of the application.

The Ombudsman recommends that USCIS:

Issue formal guidance to its district officials, clarifying their prerogatives and obligations under controlling law, regulations and interagency agreements to enhance their working relationship with the courts.

Consistently include information at naturalization ceremonies for new citizens to update their status with the Social Security Administration.

Proceed with planning to digitize the photograph on and production of Certificates of Naturalization.

Post statistics monthly on the number of individuals naturalized and pending naturalization applications.

In FY 2007, USCIS received 1.4 million naturalization applications, nearly double the number from the previous year. Average processing times significantly increased after the surge in immigration filings in the summer of 2007.

DHS Releases a Fact Sheet on New Requirements for Private Aircraft

Overview

U.S. Customs and Border Protection (CBP) has enacted new rules changing the procedure for private aircraft to provide advance notice of their intended arrival or departure, and submit manifests of the persons on board. Private aircraft are defined as any aircraft, other than government or military, which are not engaged in carrying passengers or cargo for compensation. The new process is similar to the one currently in use by commercial aircraft and will standardize advance notice procedures for all CBP airports of entry.

Purpose

CBP is working to strengthen general aviation security by further minimizing the vulnerability of general aviation flights being used to deliver illicit materials, transport dangerous individuals, or employ the aircraft as a weapon. Compared to regularly scheduled commercial airline operations, there is only a limited pre-screening of private arriving aircraft, passengers, and crew prior to departure. There is also little to no screening of departing private aircraft, passengers and crew prior to departure from the United States.

The department is working to address this vulnerability by enhancing international and domestic General Aviation (GA) security by:

Identifying and screening passengers and crew on international private aircraft prior to entering U.S. airspace;

Screening aircraft to ensure that illicit materials do not enter the U.S.; and

Conducting these screening activities as far from critical sites within the U.S. as practicable, preferably at the aircraft’s last point of departure outside the U.S.

CBP continues to focus considerable efforts on identifying and mitigating security vulnerabilities within the aviation system, including initiatives focused on international general aviation operations. As significant public attention has been placed on addressing security vulnerabilities in other modes of transportation, private aircraft may be perceived as more viable targets and may therefore become more vulnerable to misuse by individuals wishing to harm the United States.

History

Previously, pilots were required to provide at least 60-minutes advance notice of their arrival either directly to CBP at the place of intended arrival, or by requesting in the remarks section of their flight plan that Federal Aviation Administration Flight Services advise CBP ("ADCUS"). Some but not all CBP locations also request that pilots fax CBP detailed information about the passengers, crew and aircraft in advance.

What's New

Under the new rule, pilots (or their designee) will be required to submit advance notice and passenger/crew manifest information to CBP via an approved electronic data interchange system, no later than 60 minutes prior to departure. The electronic submission will include essentially the same data elements previously provided through other means. CBP will require that the pilot compare the manifest data to the information on a Department of Homeland Security (DHS) approved travel document presented by each individual seeking travel onboard the aircraft. This will ensure that the manifest data is correct, that the travel document appears to be valid for travel to the United States, and that the traveler is the person to whom the travel document was issued. Pilots will receive an authorization to depart from CBP from the same system.

CBP will require pilots departing from the United States to a foreign location to file notice electronically and obtain permission to depart. Departure clearance has been required for commercial aircraft for some time, and the new rule will make such reporting consistent for all general aviation aircraft through the same web portal.

Landing Rights for Private Aircraft:

Pilots should be aware of the difference between international and landing rights airports. Some airports can call themselves international, but not actually meet the standards to be considered as such by CBP. The current regulations require the owner or operator of any aircraft, including a private aircraft, arriving at a landing rights airport or user fee airport to request permission to land (landing rights) from CBP. The rule will not change this requirement.

Planning Ahead

Pilots should always speak directly to a CBP Officer at the airport that is their intended place of arrival. Some airports of entry are not staffed, and CBP may send officers from another location to process the arrival. Some airports are only open during limited hours or on specific days.

ESTA Authorization Essential for all Visa Waiver Program (VWP) Countries Beginning January 12

The U.S. Department of Homeland Security (DHS) announced today that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP. On Monday, DHS will formally announce the addition of seven allies to the list of countries authorized to participate in the VWP. The seven countries are the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia.

“We are especially pleased to welcome these allies into the Visa Waiver Program (VWP),” said Homeland Security Secretary Michael Chertoff. “Expanding the number of countries whose citizens can travel to the U.S. without a visa increases business and social ties between our countries and at the same time deepen cooperation on required security measures.”

The administration sought authority for years to reform the Visa Waiver Program (VWP). DHS received authorization through the issuance of the Implementing Recommendations of the 9/11 Commission Act of 2007. The Visa Waiver Program (VWP) is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. To be admitted to the US under a Visa Waiver Program (VWP), a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the United States and timely reporting of both blank and issued lost and stolen passports. Visa Waiver Program (VWP) members are also required to maintain high counterterrorism, law enforcement, border control, and document security standards.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the Visa Waiver Program (VWP): Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Beginning Nov. 17, eligible citizens or nationals from the new Visa Waiver Program (VWP) countries may travel to the United States under the program provided they have an e-passport and an approved authorization via ESTA, a web-based system that determines the preliminary eligibility of visitors to travel under the Visa Waiver Program (VWP) prior to boarding a carrier to the United States.

Required authorization through ESTA will substantially strengthen the security of the Visa Waiver Program (VWP) by providing the department with the capability to conduct advance screening of VWP travelers. ESTA is key in transforming the VWP from a program that evaluates security threats on a country-by-country basis to one that is capable of making traveler-by-traveler judgments. In addition to enhancing security, ESTA will provide for greater efficiencies in the screening of international travelers by reducing traveler delays at the ports of entry.

Fiscal Year 2009 Preparedness Grants

In Fiscal Year 2009, the Department of Homeland Security (DHS) will award more than $3 billion in grants to states, urban areas and transportation authorities under 14 programs to bolster national preparedness capabilities and protect critical infrastructure. The DHS’ fiscal Year 2009 grant programs provide $24 million more than last year to enhance the nation’s ability to prevent, protect against, respond to and recover from terrorist attacks, major disasters and other emergencies. This includes the department’s two largest grant programs: the Homeland Security Grant Program (HSGP) which totals more than $1.7 billion, and multiple infrastructure protection programs, totaling more than $845 million.

What’s new for the Fiscal Year 2009?

FY 2009 HSGP funding focuses on six priorities, tailored to either states or urban areas
1. Measuring progress against the National Preparedness Guidelines
2. Strengthening preparedness planning, training and exercises
3. Strengthening improvised explosive devices (IEDS), IED deterrence, prevention, protection and response capabilities.
4. Emphasizing information sharing capabilities.
5. Strengthening medical readiness
6. Strengthening preventive radiological/nuclear detection capabilities.

The Department of Homeland Security (DHS) is announcing targeted grant allocations up front for the State Homeland Security Program (SHSP) and the Urban Areas Security Initiative (UASI), enabling states and urban areas to write investment justifications that reflect available resources

The Department of Homeland Security (DHS) is providing grant funding where it is needed most. Under the FY 2009 HSGP, states will be able to apply for funding for critical emergency supplies such as shelf stable meals and water.

The Department of Homeland Security (DHS) has made personnel cost changes in the Homeland Security Grant Program, removing further restrictions on allowable personnel expenses up to 50 percent established by the 9/11 Act and the PRICE Act. In addition, the three-year limit on funding intelligence analysts has been removed under the HSGP

States bordering Canada (including Alaska), southern states bordering Mexico, and states and territories with International water borders are eligible for funding under the FY 2009 Operation Stonegarden. Previous grants were restricted to states located on a land border.

Emergency Operation Center construction and renovation are now allowable expenses under the FY 2009 Emergency Management Performance Grant Program.

The requirement for cash or in-kind matches for grants has been removed from the FY 2009 Transit Security Grant Program, the Freight Rail Security Grant Program and the Intercity Passenger Rail (Amtrak) program.

The requirement for cash matches have been removed in the Port Security Grant Program and grantees may now use in-kind contributions.
The Port Security Grant Program will allow for the development of eight new group II port areas. Seven port areas move up from Group III to Group II, and one port area moves up from All Other Port Areas to Group II. There are 21 new port areas in Group III.

DHS Signs Visa Waiver Program (VWP) Interim Declaration with Romania

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) declaration with Romanian Ambassador Adrian Vierita. The security enhancements outlined in the declaration continues Romania's progress on the path toward visa-free travel to the U.S., and possible designation as a VWP member.

"I commend the Romanian government for its commitment to these security enhancements and our shared value of freedom," said Homeland Security Secretary Michael Chertoff. "This achievement builds on the strong relationship our nations share and brings us closer to the day when the citizens of Romania can travel without a visa."

The Visa Waiver Program (VWP) has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. Congress authorized DHS in August 2007 to reform the Visa Waiver Program (VWP) and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

The security enhancements outlined in the interim declaration represent important progress toward meeting the requirements of the modernized Visa Waiver Program (VWP). They include, better information sharing about international travel and border screening, improvements in information exchange on known and suspected terrorists, timely and comprehensive reporting of lost and stolen passports, developing an air marshals program, and expanding operations for U.S. Federal Air Marshals.

DHS Issues Supplemental Final Rule with Guidance For Employers Who Receive Social Security 'No-Match' Letters

The Department of Homeland Security (DHS) today issued a Supplemental Final Rule that provides additional background and analysis for the department's No-Match Rule. The DHS regulation, which was originally proposed in June 2006 and issued in August 2007 as a Final Rule, clarifies what steps responsible employers can take to resolve discrepancies identified in "no-match" letters issued by the Social Security Administration (SSA). It also provides guidance to help businesses comply with legal requirements intended to reduce the illegal employment of unauthorized workers.

"The additional information in this supplemental rule addresses the specific items raised by the Court, and we expect to be able to quickly implement it," said Homeland Security Secretary Michael Chertoff. "The No-Match Rule, along with E-Verify, will increasingly make the pleas of ignorance from businesses that seek to exploit illegal labor ring hollow, and equip their responsible competitors with the tools they need to hire and maintain a legal workforce."

Implementation of the No-Match Rule has been stayed following a preliminary injunction issued by the U.S. District Court for the Northern District of California last year. In March 2008, DHS published a Supplemental Proposed Rule addressing the issues raised by the Court in its order enjoining implementation of the rule, including a more detailed analysis of how the department developed the no-match policy and a detailed economic analysis of the rule. In the coming days, DHS will return to the District Court to request that the injunction be lifted so that implementation of the rule can proceed.

SSA informs thousands of employers every year via "no-match" letters that certain employees' names and corresponding Social Security numbers provided on the employers' Form W-2 wage reports do not match SSA's records. As many as 4 percent of approximately 250 million wage reports the SSA receives each year belong to employees whose names and corresponding Social Security numbers do not match SSA records.

The No-Match Rule details steps employers may take when they receive a "no match" letter and guarantees that U.S. Immigration and Customs Enforcement (ICE) will consider employers who follow those steps to have acted reasonably. If an employer follows the safe harbor procedures in good faith, ICE will not use the employer's receipt of a no-match letter as evidence to find that the employer violated the employment provisions of the Immigration and Nationality Act by knowingly employing unauthorized workers.

DHS Releases National Emergency Communications Plan

The U.S. Department of Homeland Security (DHS) released today the National Emergency Communications Plan (NECP) to address gaps and determine solutions so that emergency response personnel at all levels of government and across all disciplines can communicate as needed, on demand, and as authorized. The NECP is the nation's first strategic plan to improve emergency response communications, and complements overarching homeland security and emergency communications legislation, strategies and initiatives.

"This is a comprehensive plan designed to drive measurable and sustainable improvements to operable and interoperable emergency communications nationwide over the next three years. It emphasizes the human element and cross-jurisdictional cooperation, going beyond simply buying new equipment," said Homeland Security Under Secretary Robert Jamison. "We have recently approved Statewide Communication Interoperability Plans for all 56 states and territories. Aligning these plans with the NECP will move emergency communications forward and further promote a coordinated nationwide strategy."

The NECP defines three goals that establish a minimum level of interoperable communications and a deadline for federal, state, local and tribal authorities:

1. By 2010, 90 percent of all high-risk urban areas designated within the Urban Areas Security Initiative (UASI) can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
2. By 2011, 75 percent of non-UASI jurisdictions can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
3. By 2013, 75 percent of all jurisdictions can demonstrate response-level emergency communications within three hours of a significant event, as outlined in the department's national planning scenarios.

The NECP enhances governance, planning, technology, training and exercises, and disaster communications capabilities with recommendations and milestones for emergency responders and relevant government officials. It is designed to drive measurable and sustainable improvements over the next five years consistent with the: National Response Framework; National Incident Management System; National Preparedness Guidelines; and Target Capabilities List. NECP goals, along with these other department strategies, will improve nationwide response efforts and bolster situational awareness, information sharing and command and control operations.

The department's Office of Emergency Communications developed the NECP in cooperation with more than 150 public and private sector emergency communications officials. The department's new Interoperable Emergency Communications Grant Program will further enable states to align their plans with the NECP.

U.S. Department of Labor requests comments on proposed rules for priority of service for Veterans

The U.S. Department of Labor's Veterans' Employment and Training Service (VETS) today announced the publication of a Notice of Proposed Rulemaking on Priority of Service for veterans and eligible spouses. The proposed regulations apply to "any workforce preparation, development or delivery program or service that is directly funded, in whole or in part, by the Department of Labor," as provided by the Jobs for Veterans Act (P.L. 107-288), enacted in 2002.

"Priority of service is an important acknowledgment of the sacrifices of the men and women who have served in the U.S. armed forces," said Charles Ciccolella, assistant secretary of labor for VETS. "The department's strategic vision for priority of service honors veterans and eligible spouses of veterans as our heroes at home, and envisions that the employment and training programs funded by the department, including the workforce investment system, will identify, inform and deliver comprehensive services to veterans and eligible spouses as part of their strategic workforce development activities across the country."

The Veterans' Benefits, Health Care, and Information Technology Act of 2006 (P.L. 109-461) followed-up on the Jobs for Veterans Act by requiring the department to issue regulations governing the application of priority of service. The majority of the department's programs to which the proposed regulations will apply are administered by the Employment and Training Administration. The notice of proposed rulemaking offers citizens and interested organizations an opportunity to submit comments for consideration by the department prior to the publication of final regulations.

"Veterans possess unique attributes that enable them to make significant contributions in the workplace," said Ciccolella. "They are an important source of highly skilled and experienced talent and play a key role in regional workforce development strategies." Implementation of priority of service is designed to provide veterans and eligible spouses with clear entry points into high-growth, high wage civilian jobs and easily accessible post-secondary education and training. The goal is to support their advancement along career pathways that benefit veterans, their families, and regional economies.

ICE arrests 42 illegal aliens working at Dulles International Airport

U.S. Immigration and Customs Enforcement (ICE) arrested 42 men illegally present in the country at Dulles International Airport as part of a critical infrastructure protection (CIP) operation. ICE agents, with support of airport security agencies, arrested the illegal aliens just inside the airport grounds at a checkpoint established to verify the identity and immigration status of workers entering a service gate.

"It is crucial to ICE's homeland security mission to know who enters sensitive areas like airports, military bases and power plants to ensure the integrity of these key assets," said Mark X. McGraw, Special Agent in Charge of ICE's Office of Investigations, Washington field office. "This operation illustrates ICE's ongoing efforts in partnership with federal and local agencies to secure the critical infrastructure within the National Capital Region."

ICE agents interviewed more than 200 individuals to verify their identities, immigration status, and eligibility for lawful employment in the U.S. Most of the individuals encountered worked on construction projects at the airport. Those detained are being interviewed, fingerprinted, photographed and entered into Department of Homeland Security databases at a local ICE office. Relatives and friends wishing to check on the custody status and detention location of those detained may call 1-866-341-3858, ICE's toll-free and 24-hour hotline.

Interviews can often generate critical law enforcement information that may lead to future investigations. There is no indication that any of the aliens were involved in any terrorist activity.

ICE agents prioritize enforcement efforts by focusing on the sites related to critical infrastructure and national security. The goal of CIP operations is to reduce the vulnerabilities at these facilities and other key assets to prevent potential attacks. Critical infrastructure has been defined as systems and assets, whether physical or virtual, so crucial to the United States that the damage or destruction of such systems and assets would have a debilitating impact on security, national economy, public health or safety, and/or any combination of those matters.

Unauthorized workers employed at sensitive facilities such as airports, nuclear power plants, chemical plants, military bases, defense facilities and seaports, may compromise the integrity of these key assets. In FY 2008, ICE agents have made more than 700 administrative arrests and 100 criminal arrests at critical infrastructure facilities.

Transportation Security Administration and the Metropolitan Washington Airports Authority supported this operation.

Joint Announcement From The DOS and DHS On Passport Card Production

The U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced today that the new U.S. Passport Card is in full production and is now being distributed. The Passport Card is a convenient, wallet-sized document for land and sea travel between the United States and Mexico, Canada, the Caribbean, and Bermuda. It is not valid for international travel by air.

Beginning in June 2009, travelers will be required to present a single Western Hemisphere Travel Initiative-compliant document denoting both citizenship and identity when entering the United States through a land or sea border.

More than 350,000 Americans pre-ordered the U.S. Passport Cards since the Department of State (DOS) began taking orders on February 1. Over 7,600 cards have already been mailed to advance customers, and all pre-orders are expected to be filled by September 30, 2008. After that initial distribution, the processing time for passport cards should be the same as for passport books – less than four weeks. Customers will be able to track the progress of their passport card application online beginning in mid-August.

The passport card will facilitate the frequent travel of Americans living in border communities by utilizing a vicinity-read radio frequency identification (RFID) chip. With this technology, DHS' U.S. Customs and Border Protection (CBP) officers will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection booth so that inspection can be facilitated. For privacy protection, no personal information is stored on the electronic chip itself. The chip will have only a unique number pointing to a stored record contained in secure government databases.

"We are pleased to offer Americans a choice of documents, the traditional passport book, and now the passport card, to meet their personal needs for international travel," said Assistant Secretary of State for Consular Affairs Janice L. Jacobs. "The passport card is the newest addition to the Department of State's (DOS) long history of providing secure, reliable services to the American traveling public."

"We have been working closely with the U.S. Department of State (DOS) to be able to provide another type of secure identification that is vital to protecting our nation's borders" said Homeland Security Assistant Secretary for Policy Stewart Baker. "The new passport cards will help facilitate legitimate travel while allowing our frontline personnel to focus more on those who may pose a threat."

Hence, the new US Passport Card would serve as a proof of both citizenship and identity. This would expedite sea and land border traveling between the United States and Mexico, Canada, the Caribbean, and Bermuda. However this can not be used for international air travel.

The Passport Card is available for $45 for first-time adult applicants and $35 for children under 16. Adults who currently have valid passports can apply for the passport card by mail for $20.

DHS Signs Visa Waiver Program Interim Declaration with Bulgaria

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) interim declaration with Bulgarian Foreign Minister Ivailo Kalfin. The security enhancements outlined in the declaration continues Bulgaria’s progress on the path toward visa-free travel to the U.S., and possible designation as a VWP member.

“I commend the Republic of Bulgaria for its commitment to these enhancements and our shared values of freedom and security,” said Homeland Security Secretary Michael Chertoff. “I look forward to the day when we greet the first visa-free travelers from Bulgaria on our soil.”

The Visa Waiver Program (VWP) has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

The security enhancements outlined in the interim declaration represent important progress toward meeting the requirements of the modernized Visa Waiver Program (VWP). They include, better information sharing about international travel and border screening, improvements in information exchange on known and suspected terrorists, timely and comprehensive reporting of lost and stolen passports, developing an air marshals program, and expanding operations for U.S. Federal Air Marshals.

DHS Designates EVerify as Employment Eligibility Verification System for All Federal Contractors

The Department of Homeland Security (DHS) today designated E-Verify, operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all federal contractors must use as required by Executive Order 12989, as amended. E-Verify is a free Internet-based system that allows enrolled employers to confirm the legal status of new hires within seconds.

"A large part of our success in enforcing the nation's immigration laws hinges on equipping employers with the tools to determine quickly and effectively if a worker is legal or illegal," said Homeland Security Secretary Michael Chertoff. "E-Verify is a proven tool that helps employers immediately verify the legal working status for all new hires."

President George W. Bush has amended Executive Order 12989 in order to direct all federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to use an electronic employment eligibility verification system – designated by the Secretary of Homeland Security – to verify the employment eligibility of all persons hired during the contract term and all persons performing work within the United States on the federal contract.

In response to this Executive Order, Secretary Michael Chertoff today designated E-Verify as the system of choice to ensure that the federal government only does business with companies that agree to verify the legality of their new hires and further, that the specific employees tapped to perform contract services in the United States for the federal government are authorized to work in this country. Federal departments and agencies within the executive branch are already enrolling with E-Verify to check the status of all new hires within the federal workforce. Agencies responsible for federal acquisition regulations (FAR) will send a Notice of Proposed Rulemaking (NPRM) to the Federal Register today soliciting public comment on proposed changes to these regulations. Comments will be accepted for 60 days.

More than 69,000 employers currently rely on E-Verify to determine that their new hires are authorized to work in the United States. Employers have run more than 4 million employment verification queries so far in fiscal year 2008. Of those queries, 99.5 percent of qualified employees are cleared automatically by E-Verify.

To view the Executive Order, please visit www.whitehouse.gov.

DHS Announces Customer Service Improvements to Entry Process for International Travelers

The U.S. Department of Homeland Security (DHS) announced today the launch of three initiatives – the Global Entry pilot program, the Passenger Service Program, and an expanded Model Ports Initiative – intended to strengthen customer service at U.S. ports of entry.

"Perhaps the single criticism we hear most from international travelers is frustration with the entry process," said Homeland Security Secretary Michael Chertoff. "We're committed to a more welcoming environment for the roughly one million foreign travelers arriving at our ports each day. These initiatives will reduce much of the frustration and anxiety we encounter, and make it easier on our frontline personnel to focus even more on actual security and criminal risks."

Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk travelers entering the U.S.* Currently only U.S. Citizens and Lawful Permanent Residents (LPR) are eligible to join.** The pilot starts today at George Bush Intercontinental, John F. Kennedy International and Washington Dulles International airports. Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection (CBP) officer. Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations. CBP has been accepting applications at www.cbp.gov/travel since May 12.

Under the new Passenger Service Program, CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. The initiative promotes customer service techniques in officer interactions with the traveling public, and includes joint efforts with the private sector and industry stakeholders to reduce wait times through the use of improved signage and technology. The program will be established at CBP's top 20 Model Ports.

The department also is expanding the Model Ports Initiative to 18 additional airports. Originally established in 2006 as part of the Rice-Chertoff Initiative, Model Ports has enhanced border security with the use of the new technology while streamlining security processes and facilitating travel for legitimate visitors. In addition to brochures and increased signage, a new video, currently available in Spanish, French, German and English, will assist travelers through the customs and immigration process by providing practical information about the entry process and required entry documents and forms.

In a related effort, CBP is providing wait times online at www.cbp.gov for 16 of the busiest international airports and pedestrian wait times for 12 land border crossings in Arizona, California, and Texas.

DHS To Upgrade Homeland Security Information Network

The U.S. Department of Homeland Security (DHS) announced today that it is taking steps to enhance its Homeland Security Information Network (HSIN). Known as HSIN Next Generation (NextGen), the enhancement will provide a secure and trusted national platform for Sensitive But Unclassified (SBU) information sharing and collaboration between federal, state, local, tribal, territorial, private sector, and international partners.

HSIN Next Generation will update the current HSIN technology to better enable Homeland Security to meet the requirements of a trusted and secure environment, combined with enhanced capabilities in many areas.

HSIN NextGen will provide DHS, our partners, and stakeholders information management capabilities and services including a portal, search, collaboration, enterprise content management, and Service Oriented Architecture-based information integration and analysis functions to facilitate their collaboration and information sharing needs for SBU data.

Task order award took place on May 23, 2008, through the Enterprise Acquisition Gateway for Leading Edge Solutions (EAGLE) Indefinite Delivery Indefinite Quantity (IDIQ) contract to General Dynamics One Source, LLC of Fairfax, VA, to develop, operate, maintain, and enhance the HSIN NextGen information sharing and collaboration portal.

The initial award is for $18 million and the total potential five year value, if all options are exercised, is $62 million.

DHS Announces PreTravel Authorization Program for U.S.Bound Travelers from Visa Waiver Countries

The U.S. Department of Homeland Security (DHS) announced today the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program (VWP) and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.

“Rather than relying on paper-based procedures, this system will leverage 21st century electronic means to obtain basic information about who is traveling to the U.S. without a visa,” said Homeland Security Secretary Michael Chertoff. “Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores. It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies.”

Once ESTA is mandatory, all nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.

Currently, citizens of VWP countries complete a written I-94W form providing basic biographical, travel, and eligibility information while en-route to the U.S. With ESTA, VWP travelers will provide this information online prior to departure for the U.S.

ESTA will determine, almost immediately in many cases, if an individual is eligible for VWP travel, and if such travel poses any law enforcement or security risks. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will also be valid for multiple entries into the U.S. To facilitate the authorization process, DHS recommends that ESTA applications be submitted as soon as an applicant begins planning U.S.-bound travel, and not less than 72 hours prior to travel.

On Aug. 1, 2008, the department will begin to accept voluntary applications through the ESTA Web site at https://esta.cbp.dhs.gov. Until ESTA is mandatory for all VWP travelers, however, ESTA applicants will also still need to complete an I-94W form en-route, for presentation at a U.S. port of entry. The Secretary of Homeland Security is anticipated to publish a notice in the Federal Register by mid-November 2008, announcing implementation of mandatory ESTA requirements on Jan. 12, 2009.

Last fiscal year, the U.S. welcomed more than 15 million VWP visitors.

Extension of Optional Training Program for Qualified NonImmigrant F1 Students

The U.S. Department of Homeland Security (DHS) released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension is available to F-1 students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program.

The rule also addresses situations in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this by automatically extending the period of stays and work authorization for all F-1 non-immigrant students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

DHS Realigns TWIC Compliance Date

The U.S. Department of Homeland Security (DHS) today announced that the final compliance date for the Transportation Worker Identification Credential (TWIC) program will be April 15, 2009, which reflects a realignment of the Sept. 25, 2008 compliance date set in the final rule. The seven month extension is a direct result of collaboration with port officials and industry, and realigns the enrollment period with the original intent of the TWIC final rule.

TWIC was established in the Maritime Transportation Security Act and the SAFE Port Act to serve as an identification program for all Coast Guard credentialed mariners and personnel requiring unescorted access to secure areas within a port. The program is on track to complete enrollment for a substantial number of jurisdictions by the end of 2008, and several ports will be required to comply with TWIC regulations this year.

Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. These three ports were selected based on favorable conditions that facilitate near-term implementation. These ports are ideal for initial compliance based upon geographic proximity, the size of their TWIC enrollment population, and respective enrollment efforts to date. Additional ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement.

The TWIC program is progressing steadily and has opened more than 100 fixed enrollment centers and dozens of mobile sites nationwide. More than 250,000 workers have enrolled to date and thousands more are processed each week. Enrollment began at the Port of Wilmington, Del. in October 2007.

Workers can pre-enroll online. Pre-enrollment can accelerate credentialing by allowing workers to provide biographic information and schedule a time to complete the application process in person. This eliminates delays at enrollment centers and reduces total enrollment time for each worker.

Although the compliance date has been extended seven months, workers are encouraged to enroll as soon as possible. Additional information can be found on the U.S. Coast Guard’s Homeport site, and on the Transportation Security Administration’s web site.

DHS Announces Enhancements in Aviation Security & Travel Screening

The U.S. Department of Homeland Security (DHS) has announced improvements aimed at strengthening aviation security while decreasing the hassle factor for travelers. Among the key improvements, DHS is providing airlines more flexibility to allow passengers to check in remotely who have been unable to do so because they have a name similar to someone on a watch list. The department also unveiled the Checkpoint Evolution prototype, which will begin full operation at Baltimore-Washington International Airport (BWI) today. Each airline will now be able to create a system to verify and securely store a passenger’s date of birth to clear up watch list misidentifications. By voluntarily providing this limited biographical data to an airline and verifying that information once at the ticket counter, travelers that were previously inconvenienced on every trip will now be able to check-in online or at remote kiosks.

“Hassles due to misidentification and the resulting necessity to stand in line to check in at the ticket counter is consistently among the deepest – and most valid – complaints of the traveling public,” said Homeland Security Secretary Michael Chertoff. “Thousands of passengers are inconvenienced each day, and this change should provide a way to eliminate the vast majority of these situations. This is good for travelers and for security, because as we make the checkpoint environment calmer, it becomes easier to spot individuals with hostile intent.”

Additionally, DHS is providing greater clarity on the types of identification that will be accepted at checkpoints in the U.S. Beginning May 26, 2008, federal or state-issued photo ID will be accepted if it contains: name, date of birth, gender, expiration date and a tamper-resistant feature. Standardizing the list of accepted documents better aligns TSA with other DHS components and REAL ID benchmarks. More information on acceptable documents is available at www.tsa.gov.

These innovations, along with the new Checkpoint Evolution prototype, are part of a broader effort to calm the checkpoint. The BWI prototype includes Millimeter Wave technology used in random continuous use, multi-view X-ray and liquid bottle scanners. These technologies, in conjunction with changes to the checkpoint environment and processes, will be evaluated for operational efficiency over the coming months.

Transportation Security Officers and managers at BWI are the first in the country to complete a 16-hour training module designed to incorporate the latest intelligence analysis, more advanced explosives detection skills, and ways to engage with passengers to promote a calmer environment for better security. The training was developed by the Transportation Security Administration (TSA) Office of Intelligence, Bomb Appraisal Officers, and TSA Checkpoint Evolution team.

Checkpoint Evolution is located at B Checkpoint, Southwest Terminal at BWI. The layered security elements are both modular and flexible and designed to work individually, as well as part of an integrated package.

DHS Proposes to Establish Biometric Exit Procedures at all U.S Air and Sea Ports of Departure

The U.S. Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that will establish biometric exit procedures at all U.S air and sea ports of departure. The majority of non-U.S. citizens are already required to submit digital fingerprints and a digital photograph for admission into the country. The US-VISIT Exit proposal would require non-U.S. citizens who provide biometric identifiers for admission to also provide digital fingerprints when departing the country from any air or sea ports of departure.

"The 9/11 Commission called for biometric entry and exit records, because biometrics confirm that travelers are who they say they are and the purpose of their travel is as they claim it to be," said Homeland Security Secretary Michael Chertoff. "We've built an effective entry system, and combined with the proposed exit system, we'll have made a quantum leap in America's border security. Air and sea carriers would actively participate in the proposed exit system, and I look forward to an ongoing dialogue on solutions to meet this key 9/11 Commission recommendation."

The United States Congress, the 9/11 Commission and the department have concluded that biometric records of the entry and exit of international visitors are essential for the integrity of the nation's immigration and border management system. The proposed rule does not change current exit procedures for departing visitors. Visitors departing the U.S. should continue to return their paper Form I-94 or Form I-94W to airline or ship representatives.

The proposed rule would require commercial air carriers and cruise line owners and operators collect and transmit international visitors' biometric information to DHS within 24 hours of leaving the United States. Carriers are already required to transmit biographic information to DHS for all passengers prior to their departure from the United States. DHS is committed to protecting the privacy of international visitors and will require that these systems meet the department's transmission capability and data security requirements. The proposed rule does not designate a specific location within the port of departure for biometric collection and does not apply to small carriers or vessel owners and operators, or to general aviation.

DHS completed a test of biometric exit procedures at several U.S. airports and seaports last year. Based on the results of this test, DHS determined that biometric exit procedures must be integrated into the existing traveler process to ensure compliance and provide visitors with a consistent experience from port to port.

DHS intends to implement air and sea biometric exit procedures by January 2009, fulfilling a key provision of the Implementing the Recommendations of the 9/11 Commission Act of 2007. This proposed rule will enable the Secretary of DHS to retain the necessary authority to manage the Visa Waiver Program effectively. If the exit program has not been implemented by June 30, 2009 the department may not be able to extend Visa Waiver Program privileges to new countries. The Secretary's waiver authority is critical for the United States to invite more of its allies to participate in the Visa Waiver Program.

The notice of proposed rulemaking will be published in the Federal Register and will provide the general public an opportunity to submit written comments electronically or by mail. Once published, comments may be submitted via:

Federal Rulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to www.regulations.gov, including any personal information provided.

Mail: Written comments may be submitted to: US-VISIT, Attn: Air Exit NPRM, Department of Homeland Security, 1616 N. Fort Myer Drive, 18th Floor, Arlington, VA 22209.

Submissions must include the agency name and docket number DHS-2008-0039. The text of the proposed rule is available at www.dhs.gov. Following the 60‑day public comment period and review, a final rule will be published outlining the new requirements and their effective date

Visa Waiver Program Agreement Signed with Korea

The U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) Memorandum of Understanding (MOU) with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year.

In the words of Homeland Security Secretary Michael Chertoff, "I commend Korea for their collaboration on improving our bilateral security measures, and I share our partner's anticipation for the time when Korean visitors may travel without visas to the United States," he also added, "In our global fight against violent extremism, cooperation is paramount against a patient and adaptive enemy. This agreement demonstrates that enhanced security can also facilitate legitimate travel, which is a win-win for both our nations."

The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an authorization number for travel. DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

The VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. has signed enhanced VWP agreements with the Czech Republic, Estonia, Latvia, Slovakia, Hungary, Lithuania and Malta in recent weeks. Each country committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

OPT Extension for Highly Skilled Foreign Students

The U.S. Department of Homeland Security has today released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

In the words of Homeland Security Secretary Michael Chertoff , "This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy," he also added, "By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens."

Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

Currently be participating in a 12-month period of approved post-completion OPT;
Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program;
Be working for a U.S. employer in a job directly related to the student’s major area of study;
Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services' E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
Properly maintain F-1 status.

DHS Grants REAL ID Extensions to All Jurisdictions

The U.S. Department of Homeland Security (DHS) has granted REAL ID extensions to all 56 U.S. jurisdictions, ensuring that driver's licenses and ID cards across the country will achieve a higher security standard, and that all will continue to be acceptable for official purposes after the May 11, 2008 deadline mandated by Congress in the REAL ID Act of 2005.

Maine, which had been the only state not granted an extension, committed today to take significant additional steps to achieve a level of security commensurate with REAL ID. Specifically, Maine Governor John Baldacci will seek legislation to halt Maine's current practice of issuing licenses to those not lawfully present in the United States. Maine will also begin capturing and retaining photographs of individuals applying for a state ID, even if no ID is issued.

Governor Baldacci has further pledged to submit legislation today to implement three key security measures: entering into an agreement with U.S. Citizenship and Immigration Services and utilize the Systematic Alien Verification for Entitlements (SAVE) Program to verify DHS documents presented by non-citizens; setting the term of any license issued to a lawfully present non-citizen to expire when the alien's legal status ends; and committing to evaluate ways to ensure that customers do not have more than one Maine ID, such as facial recognition or similar technology.

Maine's agreement to the measures requested by the department enabled the state to obtain the needed extension. REAL ID extensions are valid until Dec. 31, 2009, when states must upgrade the security of their systems, to include a check for lawful status of all applicants, for their licenses and ID cards to be acceptable for official purposes.

The need for secure documentation was a core 9/11 Commission finding. REAL ID addresses their finding by setting specific requirements that states must adopt for compliance in four key areas:

1.	information and security features that must be incorporated into each card;
2.	proof of the identity and U.S. citizenship or legal status of an applicant;
3.	verification of the source documents provided by an applicant; and
4.	security standards for the offices that issue licenses and ID cards.

Supplemental Proposed Rule With Employer Guidance Regarding NoMatch Letters

The U.S. Department of Homeland Security (DHS) released today a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. This rulemaking addresses three issues cited in a decision of the U.S. District Court for the Northern District of California enjoining the August 2007 No-Match Rule. This Supplemental Proposed Rulemaking provides a more detailed analysis of how DHS developed the No-Match policy and will help responsible employers ensure that they are not employing unauthorized workers.

In the words of Homeland Security Secretary Michael Chertoff, "We are serious about immigration enforcement. The No-Match Rule is an important tool for cracking down on illegal hiring practices while providing honest employers with the guidance they need," he also added, "This supplement specifically addresses the three grounds on which the district court based its injunction. We have also filed an appeal and are pursuing these two paths simultaneously to get a resolution as quickly as possible."

The rule does not create new legal obligations for businesses. It simply outlines clear steps an employer may take in response to receiving a letter from the Social Security Administration indicating that an employee's name does not match the social security number on file. If the business follows the guidance in the No-Match Rule, comprising various actions to rectify the no-match within 90 days of receiving the letter, they will have a safe harbor from the no-match letter being used against them in an enforcement action.

The original No-Match Notice of Proposed Rule Making was published on June 14, 2006, and the comment period was open for 60 days. The department then incorporated the comments and issued a final rule on August 15, 2007. DHS is requesting public comment on the Supplemental Proposed Rulemaking for 30 days after its publication in the Federal Register.

DHS Signs VISA Waiver Program Agreements with Estonia and Latvia

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed Visa Waiver Program (VWP) Memoranda of Understanding (MOU) with Estonian Minister of Internal Affairs Juri Pihl in Tallinn, Estonia, and with Latvian Minister of Foreign Affairs Maris Riekstins in Riga, Latvia. The agreements outline security enhancements that put both countries on the path toward visa-free travel to the U.S., and possible designation as VWP members later this year.

The VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an authorization number for travel. DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

The department signed the first enhanced VWP agreement with the Czech Republic on Feb. 26, 2008, who committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

Announcement of Higher Fines for Immigration Violations

On Friday, Attorney General Michael B. Mukasey announced higher civil fines against employers who violate federal immigration laws. The announcement was made in a joint briefing today with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase by as much as $5,000. The new rule will take effect on March 27, 2008, and will be published in the Federal Register early this week.

Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud. For each of these violations, the employer has the right to a hearing before an administrative law judge in the Executive Office for Immigration Review. Under the new rule and applicable law, civil penalties for violations of the Immigration and Nationality Act are adjusted for inflation. Because these penalties were last adjusted in 1999, the average adjustment is approximately 25 percent. Under the specific rounding mechanism of the law, the minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase under the rounding mechanism raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

Friday's announcement follows a series of reforms, announced by the Administration in August 2007, to be made within the boundaries of existing law to secure our borders, improve interior and worksite enforcement, and improve the current immigration system. In addition to the higher civil penalties, measures announced and discussed at today's briefing included expanded prosecutions and removals of criminal aliens, a streamlining of existing guest worker programs, and the Southwest Border Enforcement Initiative.

Illinois Law Prohibiting the Use of EVerify Further Suspended

The State of Illinois has agreed to delay until April 15, 2008 the implementation of a new law that would prohibit employers from using the federal government's E-Verify employment eligibility verification system. The law was to become effective on January 1, 2008. In September, the federal government sought to block implementation of the Illinois law by filing a lawsuit challenging its legality. In January, Illinois agreed to suspend the law until February 15, 2008 as part of the litigation. This week, the federal government and the State of Illinois agreed to put a hold on the lawsuit for another sixty days while the Illinois legislature considers two bills to amend the E-Verify law. As a result, Illinois will not enforce the law during the hold period. During this timeframe, employers operating in Illinois may continue to enroll in and use E-Verify.

As we reported earlier, the Illinois law would prohibit the use of E-Verify until the Department of Homeland Security and Social Security Administration (SSA) databases are able to resolve 99% of the discrepancy notices they issue within three days. Also under the law, employers that use E-Verify must (1) complete a standard attestation form issued by the state's Department of Labor, and (2) post in a place accessible to all prospective employees a notice stating that the employer is enrolled in E-Verify, along with standard anti-discrimination notices. While Illinois will not enforce the section of the law prohibiting the use of E-Verify, these additional requirements have been in effect since January 1, 2008. At this time, it is uncertain how the litigation will affect the additional requirements.

DHS Begins Collecting 10 Fingerprints From International Visitors at at Orlando International Airport

The U.S. Department of Homeland Security (DHS) announced today that it has begun collecting additional fingerprints from international visitors arriving at Orlando International Airport (Orlando). The change is part of the department's upgrade from two- to 10-fingerprint collection to enhance security and facilitate legitimate travel by more accurately and efficiently establishing and verifying visitors' identities.

"Biometrics have revolutionized our ability to prevent dangerous people from entering the United States since 2004. Our upgrade to 10 fingerprint collection builds on our success, enabling us to focus more attention on stopping potential security risks," US VISIT Director Robert Mocny said.

For more than four years, U.S. Department of State (DOS) consular officers and U.S. Customs and Border Protection (CBP) officers have been collecting biometrics--digital fingerprints and a photograph--from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry.

"Quite simply, this change gives our officers a more accurate idea of who is in front of them. For legitimate visitors, the process becomes more efficient and their identities are better protected from theft. For those who may pose a risk, we will have greater insight into who they are," added Paul Morris, Executive Director of Admissibility and Passenger Programs, Office of Field Operations, CBP.

DHS's US-VISIT program currently checks a visitor's fingerprints against records of immigration violators and FBI records of criminals and known or suspected terrorists. Checking biometrics against the watch list helps officers make visa determinations and admissibility decisions. Collecting 10 fingerprints also improves fingerprint-matching accuracy and the department's ability to compare a visitor's fingerprints against latent fingerprints collected by the Department of Defense (DOD) and the FBI from known and unknown terrorists all over the world. Additionally, visitors' fingerprints are checked against the FBI's Criminal Master File.

On an average day at Orlando, more then 1,700 international visitors complete US VISIT biometric procedures. Visitors from the United Kingdom, Mexico, Germany and the Netherlands comprise the largest numbers of international visitors arriving at Orlando.

Orlando is the next port of entry to begin collecting 10 fingerprints from international visitors. Washington Dulles International Airport began 10-fingerprint collection on November 29, 2007. Thus far, Hartsfield Jackson Atlanta International Airport, Boston Logan International Airport, Chicago O’Hare International Airport, George Bush Houston Intercontinental Airport, San Francisco International Airport and Miami International Airport have also begun 10-fingerprint collection. Detroit Metropolitan Wayne County Airport and New York’s John F. Kennedy International Airport will soon begin collecting additional fingerprints. The remaining air, sea and land border ports of entry will transition to collecting 10 fingerprints by the end of 2008.

Passport requirements for air travel

Starting January 23rd, 2007, the citizens of the United States, Canada, Mexico, and Bermuda will be required to present a passport to enter the United States while arriving by air from any part of the Western Hemisphere.

It is expected that there will be a smooth transition to the new passport requirement based on the current numbers of travelers arriving at U.S. airports with passports. It is reported that over 90 percent of U.S. citizens, 97 percent of Canadians, and virtually 100 percent of Mexicans and Bermudans who flew to the United States over the past week arrived with passports. The recommendations made by the 9/11 Commission has resulted in this change in travel document requirements.

There are alternative documents to a passport made available for air travel which can be the Merchant Mariner Document (MMD) and the NEXUS Air card. The MMD, or "z card", is issued by the U.S. Coast Guard to U.S. Merchant Mariners. The NEXUS Air card is issued to citizens of Canada and the United States, lawful permanent residents of the United States and permanent residents of Canada who meet certain eligibility requirements. The NEXUS Air card will only be accepted when used in conjunction with the NEXUS Air program at certain airports. The MMD card will only be accepted for official business by U.S. Citizen Merchant Mariners. All the United States Armed Forces active duty members traveling to the United States with military identification will be exempted from the requirement to present a valid passport. Legal Permanent Residents of the U.S. may re-enter on their I-551 Permanent Resident Card.

A separate proposed rule addressing land and sea travel is expected to be published later with specific requirements for travelers entering the United States through land and sea border crossings. By Jan 1, 2008, citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea may be required to present a valid passport or other documents to enter the United States.

President Nominates Michael Chertoff as DHS Secretary

The President has announced the nomination of Judge Michael Chertoff to be the Secretary of Homeland Security. Michael Chertoff has been a judge on the United States Court of Appeals for the Third Circuit; an Assistant Attorney General of the United States; the U.S. Attorney for New Jersey, a federal prosecutor in New York City, and a law clerk to Supreme Court Justice William Brennan. His nomination must be approved by the Senate.

Nominating Michael Chertoff as the Secretary the President announced, "Two years ago, we created this new department to ensure a comprehensive, unified effort to protect the American people against new dangers. Since that time, the employees of the department have carried out the largest reorganization of the government in a half a century. Under the direction of Secretary Tom Ridge, the Department of Homeland Security has improved airline security, enhanced the protection of our borders and ports of entry, and taken vital steps to safeguard the nation's critical infrastructure. Tom Ridge has the gratitude of our entire nation. I thank him for his leadership. I appreciate his hard work."

President Bush further observed, "When Mike is confirmed by the Senate, the Department of Homeland Security will be led by a practical organizer, a skilled manager, and a brilliant thinker. As head of the Criminal Division, and as a U.S. Attorney in New Jersey, Mike built an impressive record of cutting through red tape and moving organizations into action. He's worked cooperatively with the federal and state and local law enforcement officials. He will always be a friend to America's first responders."

For complete text of the Press Release, click here.

DHS announces 18month extension of TPS for El Salvador

As part of the Administration’s ongoing efforts to assist El Salvador in recovering from the devastating earthquakes that affected the nation in 2001, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) have announced an 18-month extension of Temporary Protected Status (TPS) for nationals of El Salvador until September 9, 2006.

Under this extension, which is effective March 9, 2005, those who have already been granted TPS are eligible to live and work in the United States for an additional 18-months and continue to maintain their status. There are approximately 248,282 nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who are eligible for re-registration.

Nationals of El Salvador who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period, which begins Friday, January 7, and will remain in effect for 60 days there after. The re-registration period will end Tuesday, March 8. USCIS has given TPS beneficiaries a full 60 days to re-register. However, to ensure timely scheduling for biometric collection at a USCIS Application Support Center and to prevent a lapse in employment authorization, Salvadoran TPS beneficiaries are strongly urged not to wait until the end of the re-registration period to file their application materials. In order to provide ample time for USCIS processing of EADs for the large number of Salvadoran re-registrants affected, DHS has granted an automatic six-month extension, until September 9, 2005, of the validity of EADs issued under this TPS extension for nationals of El Salvador.

Instructions for re-registering for TPS are different than in 2003 and all Salvadorans re-registering for TPS must follow the new filing instructions. Re-registration applications must either be mailed to the USCIS Lockbox addresses noted below or submitted electronically using E-filing at www.uscis.gov.

Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that have been designated for TPS due to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On March 9, 2001, the Attorney General (who retained authority over TPS designations prior to the creation of the Department of Homeland Security on March 1, 2003) designated TPS for El Salvador based on the devastation resulting from a series of severe earthquakes. That designation was subsequently extended twice. The most recent extension expires on March 9, 2005. Due to continued reconstruction of infrastructure and housing damaged by the earthquakes, the U.S. Government has determined that an 18-month extension of the TPS designation is warranted because El Salvador remains unable, temporarily, to handle adequately the return of its nationals.

To re-register for TPS under the extension, a TPS beneficiary must submit Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization) with filing fee if seeking an employment authorization document, and a $70 biometrics services fee for each applicant age 14 and older. An applicant under age 14 who requests an EAD must also submit the $70 biometric services fee. All applicants seeking a new EAD, valid through September 9, 2006, must submit a $175 filing fee with Form I-765. An applicant who only seeks to re-register for TPS and does not seek an EAD need not submit the $175 filing fee for the Form I-765. Applicants may request a fee waiver in accordance with the regulations; however, the biometric services fee may not be waived. Failure to properly submit Forms I-821 and I-765 (completed in their entirety) with all applicable fees will delay processing of the application or lead to the rejection of the re-registration application Applicants are not required to submit a photograph with their re-registration material, as both photographs and fingerprints will be collected at the USCIS Application Support Center.

USCIS has published a revised Form I-821, Application for Temporary Protected Status. Only Form I-821 with Revision Date 11/5/04 will be accepted. Earlier versions of this form will be rejected. The newly revised form is available on the USCIS web site at www.uscis.gov and at local USCIS offices, and via the USCIS Forms line.

Please note that the filing location has changed. Applicants should not submit applications to USCIS Service Centers. Failure to use the appropriate P.O. Box may also delay processing your TPS application.

For complete USCIS notice, click here.

DHS announces 18Month TPS extension for Honduras and Nicaragua

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) today announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua until July 5, 2006. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18-months and continue to maintain their status. There are approximately 81,875 nationals of Honduras and 4,309 nationals of Nicaragua (or aliens having no nationality who last habitually resided in Honduras and Nicaragua) who are eligible for re-registration.

The extension of TPS for nationals of Honduras and Nicaragua is effective January 5, 2005, and will remain in effect until July 5, 2006. Nationals of Honduras and Nicaragua who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period, which begins the week of November 1, 2004 and will remain in effect for 60 days there after. USCIS sought to give TPS beneficiaries a full 60 days to re-register. However, those Honduras and Nicaragua TPS beneficiaries who are applying for a new employment authorization document (EAD) should do so before their current EAD expires.

A TPS extension is also pending with DHS for El Salvador, which suffered damage similar to that of Honduras and Nicaragua. DHS is favorably disposed to considering an extension for El Salvador if the country conditions there warrant. The current TPS extension for El Salvador expires in March of 2005.

Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On September 16, 1991 and September 4, 2001, the Attorney General (who retained authority over TPS designations prior to the creation of the Department of Homeland Security on March 1, 2003) designated TPS for Honduras and Nicaragua based on the devastation resulting from Hurricane Mitch and subsequently extended four times. The most recent extension expires on January 5, 2005. Due to continued reconstruction of infrastructure damaged by Hurricane Mitch, the U.S. Government has determined that an 18-month extension of the TPS designation is warranted because Honduras and Nicaragua remain unable, temporarily, to handle adequately the return of its nationals.

To re-register for TPS under the extension, a TPS applicant must submit Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization), two identification photographs (full face frontal, 2”x2”) and a $70 biometrics services fee for each applicant age 14 and older to the local U.S. Citizenship and Immigration Services (USCIS) district office. Both the Form I-765 and I-821 must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, there is no filing fee for the Form I-765. However, all applicants seeking an extension of employment authorization until July 5, 2006 must submit a $175 filing fee with Form I-765. Applicants may request a fee waiver in accordance with the regulations. The biometric fees, however, cannot be waived. All applicants age 14 and older are required to submit the $70 biometric service fee. Failure to submit the required photographs and filing fees will result in the rejection of the re-registration application.

USCIS has published a revised Form I-821, Application for Temporary Protected Status. This form is available on the USCIS web site and will be made available at local USCIS offices. USCIS will no longer accept the former I-821 Form. More information can be obtained from the USCIS National Customer Service Center toll-free number: 1-800-375-5283. TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676, or from the USCIS Web site www.uscis.gov.

DHS Adopts Facial Recognition Standard

The U.S. Department of Homeland Security has announced the adoption of its first biometric facial recognition standard. The standard is designed to be consistent with international standards for biometrics used in such applications as travel documents. This standard will also be used to specify definitions of photographic properties and digital image attributes, and as a standards format for relevant applications, including human examination and computer automated face recognition.

“Secretary Ridge and I are pleased to release the Department’s biometric standard face recognition formats today,” said Dr. Charles McQueary, Under Secretary for Science and Technology. “This standard will help improve our long-term security by facilitating the interchange of digitally stored photographs, regardless of what equipment is used to take or to display the images.”

Homeland security professionals will use the standard as technical criteria upon which to design equipment such as cameras and software for facial recognition. The standard supports visual human facial comparison and computer automated comparisons for watch list checks and for computer identification and verification. It also facilitates the interchange of photographs across systems, and will assist in the future development of interoperable biometric applications.

“The Department, through the US-VISIT Program, has already moved forward with extensive work on biometrics and facial recognition standards. The adaptation of facial recognition standards is a first step in standardizing all types of biometrics which is essential for the success of Homeland Security programs,” said Under Secretary for Border and Transportation Security Asa Hutchinson.

This standard was developed by the International Committee for Information Technology Standards (INCITS), a standards development organization accredited by the American National Standards Institute (ANSI). Homeland Security and its partners will continue to work on a regular basis with INCITS to revise these standards as biometric technology evolves. The standard (INCITS 385) is available from INCITS and from ANSI.

MachineReadable Passport Procedures to be Implemented

Beginning October 26, 2004, officers from the U.S. Department of Homeland Security’s Bureau of Customs and Border Protection will begin enforcing requirements that travelers applying for admission under the Visa Waiver Program must be in possession of a machine-readable passport. Following procedures announced today, if, after October 26, 2004, a Visa Waiver Program national presents him or herself for admission to the United States without a machine-readable passport or non-immigrant visa, a Customs and Border Protection officer is permitted to grant a one-time exemption to admit the traveler to the United States. The traveler will be issued a letter explaining the U.S. entry requirements and his or her passport will be annotated that a one-time exemption has been granted.

“These interim procedures will allow U.S. Customs and Border Protection officers to effectively enforce the law and exercise discretion when appropriate,” said Under Secretary for Border and Transportation Security Asa Hutchinson. “These are prudent steps to ease travelers into these new documentation requirements. The United States is a welcoming nation and we do not want to turn people away because they do not possess the newly required passport or a valid non-immigrant visa

When granting the exemption, CBP officers will notify the traveler of the requirement for a machine-readable passport or that they can obtain a non-immigrant visa for subsequent visits. If a traveler fails to obtain a machine-readable passport or a non-immigrant visa for subsequent visits, they may be refused entry under the VWP.

Each VWP applicant must present an individual machine-readable passport. This is a change for family members who have applied for admission under one passport in the past. As announced last year, families must have individual machine-readable passports for everyone, including children. CBP officers can apply the same one-time exemption to families as well.

The new machine-readable document requirement had been scheduled to go into effect last year. Since the U.S. announced it was extending the implementation date from October 1, 2003, until October 26, 2004, VWP countries have been taking steps to issue machine-readable passports and to communicate information about these new requirements to their citizens. To help their citizens comply with the new document requirements, some countries are even offering to issue new machine-readable passports on the spot to their citizens at departure airports.

Through April 25, 2005, U.S. Customs and Border Protection will not impose fines on transportation carriers for transporting VWP travelers from 22 countries to the U.S. without a machine-readable passport. The 22 countries are: Austria, Australia, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden, Switzerland, and the United Kingdom.

Congress has extended the deadline for the inclusion of biometrics in VWP-country passports until October 26, 2005. This does not affect the current requirements for machine-readable passports. An estimated 13 million visitors from Visa Waiver Countries enter the U.S. each year. Travelers from Visa Waiver Countries are allowed to enter the U.S. for up to 90 days for business or pleasure using only a passport.

USVISIT test entry procedures at Land Ports from midNovember

US-VISIT will begin a test of entry procedures at land ports of entry in the secondary inspection area starting in mid-November. Initial testing will begin at land ports of entry in Douglas, Arizona, Port Huron, Michigan, and Laredo, Texas.

These initial tests of the entry process and systems at designated land ports of entry will ensure a smooth transition for the December 31, 2004, implementation, when US?VISIT entry procedures will be deployed in the secondary inspection area of the 50 busiest land ports of entry. This staged rigorous approach of testing and validation is the same approach used before US-VISIT was implemented at airports and seaports on January 5, 2004.

At land ports of entry, the US-VISIT procedures that will be in place in secondary will involve the collection of two index fingerscans and a digital photograph for those visitors who are being referred to secondary inspection because they are traveling to the U.S. using a visa or passport. Deployment of US-VISIT will also expedite the I-94 process, as visitors referred to secondary inspection will no longer be required to manually complete the I-94 form. This form will be electronically populated when a visitor's travel documents are scanned by the U.S. Customs and Border Protection officer in the secondary inspection area.

"US-VISIT has met every single one of its commitments and deadlines successfully to date. US-VISIT has proved itself at our airports and seaports, and I can assure you that as we move into the next phase with land borders, our entire team is focused intensely on maintaining that high standard of performance. US?VISIT will not deploy an untested system," said Under Secretary for Border and Transportation Security Asa Hutchinson.

The goals of US-VISIT are to enhance the security of our citizens and visitors; facilitate legitimate travel and trade; ensure the integrity of our immigration system; and protect the privacy of our visitors.

US-VISIT is a continuum of security measures that begins overseas, when a person applies for a visa to travel to the United States, and continues on through entry and exit at U.S. airports, seaports and, eventually, at land border crossings. These measures will be expanded by the end of this year to the secondary areas of the 50 busiest land ports of entry and to the remaining land ports of entry by December 31, 2005. Secondary inspection is the area within a port of entry where visitors traveling with visas or passports are processed, or where a visitor is referred if the Customs and Border Protection officer deems additional interviews or background checks are necessary. US-VISIT is committed to providing a solution that balances U.S. security requirements with the travel needs of residents and businesses along the border.

US-VISIT procedures will apply to foreign travelers who are processed in the secondary inspection area, with some exemptions. These exceptions include most Canadian citizens, who do not require a visa or passport to enter the United States, and, initially, most Mexican visitors, who travel and apply for admission using a Border Crossing Card (BCC) within the "Border Zone." This "Border Zone" was expanded earlier this year by DHS to include travel for up to 30 days. The primary inspection area, where millions of visitors pass through the pedestrian and vehicle lanes, will remain unaffected at this time because those visitors have been pre-screened as part of the process to receive a BCC.

As the next phase of US-VISIT is implemented at the 50 busiest land ports of entry by the end of 2004, if a Mexican visitor chooses to use the BCC as a B1/B2 visa (traveling outside the "Border Zone" and/or staying longer than 30 days in the U.S.), he or she will undergo US?VISIT processing at the land border secondary inspection areas. Starting on September 30, 2004, US-VISIT procedures began applying to visitors traveling under the Visa Waiver Program (VWP) at all airports and seaports of entry and will apply to VWP visitors entering the United States at these top 50 land border ports of entry by December 31, 2004. In 2005, US-VISIT expects to begin deployment of entry-exit capabilities in the primary inspection areas, following extensive testing and consultation with border stakeholders.

Since US-VISIT entry procedures became operational at 115 airports and 14 seaports on January 5, 2004, more than 10 million foreign visitors have been processed without adversely impacting wait times. At the same time, because of US-VISIT, the United States has been able to arrest or deny admission to nearly 300 criminals or immigration violators. These included federal penitentiary escapees, convicted rapists, drug traffickers, individuals convicted of manslaughter and credit card fraud, a convicted armed robber and numerous immigration violators and individuals attempting visa fraud.

Experience has shown that the US-VISIT enrollment process is fast, easy to understand, and simple for visitors. Expanding US-VISIT entry procedures to our land ports of entry builds on the Department's progress to secure our borders while enabling the free flow of goods and people.

U.S.Canada commit to provide security, prosperity and freedom along the border

Remarks by Secretary of Homeland Security Tom Ridge at a Joint Press Conference with Deputy Prime Minister Anne Mclellan (Remarks as Prepared)

Thank you. I am honored to be here with the Deputy Prime Minister and all of our colleagues and friends from Canada. These trips are usually short, but always productive. And this occasion has been no different. We've had the opportunity to discuss - and come to agreement on - a variety of issues that are critical to the work we are doing together to secure our border.

Along that border, we share an equal commitment to the principles of security, prosperity and freedom. And by reaching across those 5,525 miles, we've forged a partnership to help us achieve all three of these principles for our citizens. That partnership began in earnest when I signed the Smart Border Declaration with Deputy Prime Minister Manley nearly three years ago. And it has continued every day since, at every level of our governments, and at every checkpoint or border crossing from Vancouver to Maine. Today, I am pleased to announce that we've made even more progress.

Deputy Prime Minister McLellan mentioned our work to install two new dedicated FAST Lanes, improve cargo security by working together overseas, and begin commercial pre-screening at the Peace Bridge crossing. These initiatives will further enhance border security and speed the flow of commerce between two great trading partners.

We're also going to make sure passengers who travel frequently between the United States and Canada - for work or pleasure - will have a quicker and more secure trip through our airports. Starting in just two months, we will launch the NEXUS Air pilot project at Vancouver International Airport.

Approved frequent travelers who enroll in the program will be interviewed, checked against law enforcement databases and watch lists, and then identified using biometrics such as iris scans, fingerprints, and digital photographs. These low-risk travelers will then be able to use automated kiosks to process themselves through customs and immigration checkpoints.

When the program becomes operational at the end of the year, we will not only facilitate travel between our countries, but also improve security by focusing our collective resources on lesser-known or higher-risk travelers.

I am also proud to announce that we will establish our fifteenth Integrated Border Enforcement Team (IBET) at Sault Ste. Marie to better coordinate cross-border criminal investigations.

As you know, these teams of federal, state and local partners on both sides of the border are already operating effectively in several locations. This newest border enforcement team will ensure that we continue to investigate, stop, and prosecute any activity that threatens national security.

We can only achieve these goals if we continue to improve communications - not just meetings like this one, but communications on the ground…where it matters most. That is why Deputy Prime Minister McLellan and I have signed a joint communications agreement to improve radio interoperability between U.S. and Canadian law enforcement agencies.

The first of its kind, this agreement will ensure that we can share information more easily and better coordinate our efforts - especially in an emergency. This will hold true regardless of the make, model, or frequency of radios used by first responders and law enforcement officials.

The scope of these initiatives - and our talks with government officials and business leaders over the past two days - show that the Smart Border Declaration is indeed being put into action. Consistent with the cooperative spirit that has marked our relationship for decades…we are making security and prosperity a priority on our shared border.

We're streaming known passengers and low-risk cargo into our countries while we focus our resources on stopping terrorists and criminals before they can harm our citizens. And we're doing this while protecting the freedoms that Americans and Canadians have come to appreciate and expect.

There's still plenty of work ahead. But as we make progress every day, I'm confident that the strength of our partnership and the security of our border will continue to define our friendship for decades and centuries to come.

DHS Announces 12Month Extension of TPS for Nationals of Burundi

WASHINGTON, D.C. – The Department of Homeland Security (DHS) today announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Burundi until November 2, 2005. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional year and continue to maintain their status. There are approximately 19 nationals of Burundi (or aliens having no nationality who last habitually resided in Burundi) who are eligible for re-registration.

The extension of TPS for Burundi is effective November 2, 2004 and will remain in effect until November 2, 2005. Nationals of Burundi who have been granted TPS must re-register for the 12-month extension during the 60-day re-registration period, which begins on October 7, 2004 and will remain in effect until December 6, 2004. Although the 60-day re-registration period ends December 6, 2004, EADs with an expiration date of November 2, 2004 will expire on that date. Therefore, Burundi TPS re-registrants who plan to apply for renewal of their employment authorization are encouraged to do so as soon as possible.

Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed-conflict, environmental disaster, or other extraordinary and temporary conditions. On November 4, 1997, the Attorney General (who retained authority over TPS designations prior to the creation of the Department of Homeland Security on March 1, 2003) designated Burundi for TPS based upon the ongoing armed conflict and extraordinary and temporary conditions there. The TPS designation for Burundi has been extended annually, with a re-designation occurring in 1999. The most recent TPS extension for Burundi is due to expire on November 2, 2004.

The U.S. Government continued to examine conditions in Burundi and, following consultation with appropriate Government agencies, the Secretary of Homeland Security determined that an extension of TPS is warranted because both the ongoing, armed conflict and the extraordinary and temporary conditions that prompted designation persist. The armed conflict has displaced an estimated 140,000-280,000 persons within Burundi and an estimated 800,000 outside Burundi. In spite of the reduction of armed conflict, there continues to be reports of human rights violations by all parties to the conflict. An estimated 250,000-300,000 people have been killed in the conflict in Burundi since 1993. Nearly 14 percent of the population (965,000 people) is in need of emergency food and agricultural assistance. In addition, the number of people living below the poverty line doubled from 33 percent in 1990 to 67 percent in 2003.

To re-register for TPS under the extension, a TPS applicant must submit Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization), two identification photographs (full face frontal, 2”x2”), and a $70 biometrics services fee for each applicant age 14 and older to the local U.S. Citizenship and Immigration Services (USCIS) district office. Form I-765 and I-821 must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, there is no filing fee for the Form I-765. However, all applicants seeking an extension of employment authorization until November 2, 2005 must submit a $175 filing fee with Form I-765. Applicants may request a fee waiver in accordance with the regulations. All applicants age 14 and older are required to submit the $70 biometric service fee. Failure to submit the required photographs and filing fees will result in the rejection of the re-registration application.

Applicants are advised that USCIS has published a revised Form I-821 with a July 30 revision date. This form is available on the USCIS web site at www.uscis.gov, at local USCIS offices, or through the USCIS Forms Hotline at 1-800-870-3676. Only Forms I-821 with the July 30, 2004 revision date will be accepted. Applications submitted on the previous version of Form I-821 will be rejected. More information can be obtained from the USCIS National Customer Service Center toll free number: 1-800-375-5283.

TPS status for Sudan extended by one year

WASHINGTON – The Department of Homeland Security (DHS) today announced the extension and re-designation of Sudan for Temporary Protected Status until November 2, 2005. Nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who have already received TPS may re-register for TPS under the 12-month extension. There are approximately 449 individuals who are eligible for re-registration under the TPS extension for Sudan. Others may be eligible for TPS for the first time under the re-designation if they have been continuously physically present in and continuously resided in the United States since October 7, 2004. USCIS estimates that fewer than 1,500 additional nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) may be eligible for initial registration under the redesignation.

The extension and re-designation of Sudan for TPS is effective November 2, 2004 until November 2, 2005. Nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who are renewing TPS under the extension must re-register during the 60-day reregistration period, which begins October 7, 2004 and ends December 6, 2004. Individuals who are registering for TPS for the first time must register during the 180-day registration period, which begins on October 7, 2004 and will remain in effect until April 5, 2004.

Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions.

On November 4, 1997, the Attorney General (who retained authority over TPS designations prior to the creation of the DHS on March 1, 2003) initially designated Sudan for TPS based on an ongoing armed conflict as well as extraordinary and temporary conditions. The Attorney General subsequently extended and re-designated Sudan for TPS. Since that time, the U.S. Government has continuously examined conditions in Sudan.

Although some progress has been made in the peace negotiations for the North-South conflict, the Secretary of DHS has determined that a 12-month extension is warranted because the armed conflict in Sudan continues. Likewise, the extraordinary and temporary conditions resulting from Sudan’s North-South civil war persist. Fighting has caused the displacement of 70,000 people in Sudan’s Shilluk Kingdom. The 20-year old conflict is estimated to have killed 2 million people, internally displaced 4.5 million people, and sent over 600,000 refugees into neighboring countries. The Secretary of DHS has also determined that Sudan be re-designated for TPS based on the intensification of the armed conflict in the Darfur region. Up to 30,000 civilians have been killed, as many as one million people have been displaced from their homes in Darfur, and over 100,000 have fled to neighboring Chad.

To re-register for TPS under the extension, an applicant must submit: Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization), and two identification photographs (full face frontal, passport size) to the local USCIS district office with jurisdiction over his or her place of residence. All applicants seeking employment authorization must submit a $175 filing fee with Form I-765. If an applicant does not want work authorization, he or she is required to submit Form I-765, without fee, for data collection purposes. Additionally, all applicants for re-registration age 14 and older must be fingerprinted, and thus, need to include the $70 biometric services fee with their application.

To initially register for TPS under the re-designation an applicant must submit: Form I-821 (Application for Temporary Protected Status) with the $50 filing fee, Form I-765 (Application for Employment Authorization), and two identification photographs (full face frontal, passport size) to the local USCIS district office with jurisdiction over his/her place of residence. All initial registrants between the ages of 14 and 65 (inclusive) seeking employment authorization must submit a $175 filing fee with Form I-765. Applicants may request a waiver of the TPS and employment authorization fees in accordance with the regulations. If an applicant does not want work authorization, he/she is required to submit Form I-765, without fee, for data collection purposes.

Additionally, all applicants for initial registration age 14 and older must be fingerprinted, and thus, need to include the $70 biometric services fee with their application. Failure to submit the required photographs and proper filing fees will result in rejection of an individual’s re-registration or initial registration application.

Applicants for registration and re-registration are advised that USCIS has published a revised Form I-821, Application for Temporary Protected Status. Therefore, only Form I-821 applications with the July 30, 2004 revision date will be accepted.

Interim Employment Authorization Documents (EADs) will not be issued to an applicant unless the Form I-765 (Application for Employment Authorization) has been pending with USCIS more than 90 days after all requested initial evidence has been received by USCIS, including collection of the applicant’s fingerprints at an Application Support Center (ASC). Therefore, applicants are encouraged to appear at an ASC for fingerprints as soon as possible after submission of the TPS registration package to a USCIS district office More information can be obtained from the USCIS National Customer Service Center tollfree number: 1-800-375-5283. TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676, or from the USCIS Web site: www.uscis.gov.

DHS Under Secretary discusses US VISIT expansion

Under Secretary Asa Hutchinson Discusses Expansion of US-VISIT Program to Include Visitors Traveling Under the Visa Waiver Program

For Immediate Release

Office of the Press Secretary
Contact: Garrison Courtney or Brian Doyle, 202-282-8010
September 27, 2004

Under Secretary Asa Hutchinson today gave a briefing at Dulles International Airport in advance of the September 30 expansion of the US-VISIT program to include foreign visitors traveling under the Visa Waiver Program (VWP).

Under Secretary Hutchinson described how US VISIT procedures are fast, easy and clean and how the program enhances security for our citizens and visitors while facilitating legitimate travel and trade through our borders. He stressed that “one of our highest priorities at US VISIT is to make sure that the United States continues to be a welcoming nation and that travelers continue to come to the United States, whether for business, vacation or study.”

Under Secretary Hutchinson noted that since deploying US-VISIT entry capabilities at 115 airports and 14 seaports on January 5, 2004, more than 8.5 million foreign nationals have been processed without adversely impacting wait times. He added that the systems are in place to ensure that the expansion to include visitors traveling under the Visa Waiver Program will maintain this track record of not adversely impacting wait times.

“It’s clear that US-VISIT is working. It’s clean, it’s quick, it’s simple and without question, it is enhancing the integrity of our immigration systems, while protecting individual privacy,” Under Secretary Hutchinson said.

US VISIT is a continuum of measures that collect biometric and biographic information from foreign visitors at U.S. visa-issuing posts around the world and upon their arrival in and departure from U.S. air, sea and land border ports. It draws on eligibility determinations made by both the Departments of Homeland Security and State.

The goals of US-VISIT are to: enhance the security of our citizens and visitors; facilitate legitimate travel and trade; ensure the integrity of our immigration system; protect the privacy of our visitors.

Currently, US-VISIT requires that most foreign visitors traveling to the U.S. on a visa and arriving at an air or seaport have their two index fingers scanned and a digital photograph taken to verify their identity at the port of entry. By September 30, 2004, this process will also apply to visitors traveling under the VWP at all air and sea ports of entry.

An estimated 13 million visitors traveling under the Visa Waiver Program enter the U.S. each year. Travelers from Visa Waiver Program countries are allowed to enter the U.S. for up to 90 days for business or pleasure using only a passport. The following 27 countries are currently in the VWP: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom (for citizens with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man).

Since its launch in January, the US-VISIT program has helped intercept more than 280 persons with prior or suspected criminal or immigration violations. These included convicted rapists, drug traffickers, individuals convicted of credit card fraud, a convicted armed robber and numerous immigration violators and individuals attempting visa fraud.

The U.S. is not alone is using biometrics to enhance identity verification and security. The worldwide use of biometric technologies is the basis of an extensive array of highly secure identification and personal verification solutions.
Expanding enrollment of foreign nationals traveling under the VWP builds on the Department’s progress to secure our ports of entry without harming our economic security.

Backlog will be eliminated by 2006, says DHS Secretary Ridge

Remarks by Secretary Tom Ridge at Civic Integration Symposium

Building a Common Civic Identity Symposium
Woodrow Wilson International Center
Washington
September 23, 2004
(Remarks as Prepared)

Thank you for that introduction. I’m honored to be here with all of you today and I want to thank you for your participation in this important dialogue on how we can continue to more effectively assist the many immigrants who choose to make America home. Even as we work daily to strengthen our homeland defenses and secure our borders from those who wish us harm, we must not neglect the millions who cross our borders in search of a better life.

Just as Coast Guard patrols of our harbors, biological weapons training for our first responders, or x-ray screening of air cargo are all part of homeland security, naturalization ceremonies, improved immigration services, and citizenship education are also an integral part of homeland security. For our country’s foundation rests not on military might or feats of conquer, but on the ideals of liberty and democracy. And it is those ideals for which we are under attack.

The terrorists aim not just to destroy our buildings, but to destroy our way of life and undermine the principles for which we stand. It is those principles that have drawn wave after wave of immigrants to America, and so our security strategy can never be one of closed borders and high fences, but must be one of open borders and welcoming shores. While we must secure our nation and our people, we must also secure freedom and ensure that liberty thrives.

This week as we commemorate the signing of our Constitution, we celebrate the sacrifices of our Founders and the boldness of their vision for this country, an America that would always be a diverse nation, where all people, from all parts of the world, could come to a land where freedom transcends all else.

It is the President's intention, and that of the Department's, that this founding principle must and always will endure. Constitution Week is a time to reflect upon our character as a nation and the responsibilities we all share in preserving our freedoms.

We began this week’s celebrations last Friday with our Citizenship Day ceremonies, welcoming more than 20,000 new citizens in communities across our country. Naturalization ceremonies such as these serve as a reminder that citizenship in a democracy is much more than a title, it is a trust, a trust that those who accept the blessings of liberty are also willing to accept the sacrifices and responsibilities that go right along with it.

As we work to enhance our immigration services, we want to not only facilitate the process so that individuals feel welcome, we want to provide the necessary education and resources, so that our newest citizens can immediately begin to contribute and feel a part of our society. Now, more than ever, we have learned that those who would call themselves “free” must also accept the call to serve, because for this country to endure, we need an active citizenry.

So, with that in mind USCIS has put together an orientation guide for new immigrants that we are launching today.

This guide contains basic civic information such as how to participate in local government or become involved in the community, as well as practical information such as how to obtain a driver’s license, get a social security number, or open a bank account. This guide will be offered as a resource to new immigrants, so that their integration into American life can be a smooth and straightforward transition.
However, on a much larger scale, we want the entire immigration process from the moment of application to the acceptance of the citizenship oath to be a positive experience. That is why one of our seven key priorities this year at Homeland Security has been to improve immigration customer service and immigration practices, and this is a goal towards which we have made tremendous progress.

New initiatives such as InfoPass and other expanded online services are providing greater flexibility and convenience to the naturalization process. Before InfoPass, lines that wrapped around immigration offices were not an uncommon sight. Now, customers can go online to make an appointment instead of waiting in line.

In addition, allowing applicants to complete several of our most popular forms online through our E-filing initiative, is also making the process more user-friendly.

By the end of fiscal year 2006, E-Filing will include a total of 12 forms that will account for more than 90% of the applications for benefits filed yearly.

We have also made significant strides towards our goal of eliminating the immigration backlog. So far, we have completed 1.1 million more cases this year than we completed during the same period a year ago. And much of this progress has come not from hiring more people, but from improvements to the process made by CIS.

That hard work is paying important dividends and Director Aguirre’s backlog reduction plan is not only working, but is ahead of schedule. We fully expect to meet our goal of having the backlog down to zero by 2006. Eliminating the backlog is a huge undertaking, but it is a challenge that we are determined to embrace and see through to completion.

So, we will continue to build upon these efforts and the work of our backlog reduction pilot programs in order to get the job done once and for all. In the end, despite the changes we have made to secure our country since 9-11, we will not abdicate our character as a nation, not now, not ever. We will always remain a welcome and free country.

And, the measure of our success in doing so is not hard to take. It can be found in the constant increase of naturalization applications. It can be found in the more than half a million immigrants who became American citizens last year. And it can be found overseas among the brave men and women defending our freedom – more than 6000 of whom have become new citizens this year.

So while we have some real accomplishments to celebrate, we know that there is still room to improve and expand our immigration efforts. And, at Homeland Security we greatly appreciate your participation today to help us think through new and innovative ways we can better serve this key constituency.

Americans, as a people, are bound by so much more than just our commitment to democracy and our love of liberty. we are bound by a common heritage, each of us a descendant of immigrants and each of us a benefactor of the inheritance they fought and sacrificed to bestow.

It now falls to us to protect that inheritance. And regardless of whether you took the citizenship oath yesterday or were born on American soil , it is our shared duty to ensure that the inheritance we pass on to our children and grandchildren is as rich in security, liberty, peace, and welcome as the one we were given.

Thank you.

Biometric identification technology operational nationwide

Department of Homeland Security Announces Biometric Identification System Operational at Border Patrol Stations Nationwide

The U.S. Department of Homeland Security (DHS) in a joint effort with the Department of Justice (DOJ) announced today that integrated ten-print biometric identification technology is operating in every U.S. Customs and Border Protection (CBP) Border Patrol station throughout the country.

The newly advanced capability allows CBP Border Patrol agents to simultaneously search the FBI's fingerprint database. The Integrated Automated Fingerprint Identification System (IAFIS) and DHS's Automated Biometric Identification System (IDENT) provides rapid identification of individuals with outstanding criminal warrants through electronic comparison of ten-print digital fingerscans against a vast nationwide database of previously captured fingerprints.

"This capability is a fast effective weapon in the war on terror. It allows law enforcement personnel to thoroughly check immigration and criminal backgrounds of people that have entered the U.S. illegally," said Border and Transportation Security Under Secretary Asa Hutchinson. "Its implementation is absolutely critical to our priority mission to protect our borders, and today we are pleased to announce that deployment was completed ahead of schedule.

" The IDENT/IAFIS program began as a pilot in the San Diego Border Patrol Sectors Brown Field Station and the Calexico Port of Entry in August 2001. By the end of 2003, the program had evolved and was installed at 31 Border Patrol Stations and 48 ports of entry. Homeland Security Secretary Tom Ridge committed to deploying IDENT/IAFIS to 70% of CBP Border Patrol Stations by the end of the 2004 calendar year.

This week, the IDENT/IAFIS program is fully operational within all 148 Border Patrol stations and is in the process of being deployed to all the ports of entry nationwide, exceeding DHS's prior commitment by bringing the deployment instead to 100% of Border Patrol stations months ahead of schedule. As part of US-VISIT deployment, all 115 air and sea ports of entry and the busiest 50 land border ports of entry will have this capability by November 15, 2004. In 2005 remaining ports of entry and all Immigration and Customs Enforcement (ICE) field locations will plan for deployment.

As a result of IAFIS technology, CBP Border Patrol agents have arrested: 138 homicide suspects; 67 kidnapping suspects; 226 sexual assault suspects; 431 robbery suspects; 2,342 suspects for assaults of other types; and 4,801 suspected traffickers of dangerous narcotics. The IDENT system which forms the backbone of the US-VISIT program has identified 287 criminals and other inadmissible aliens seeking admission to the U.S.

Get ready! DHS gears up to prepare you for emergency

Hundreds of Activities Planned, Millions Reached During National Preparedness Month

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
September 1, 2004

Fact Sheet: National Preparedness Month

Throughout the month of September, hundreds of activities are planned across the country to highlight the importance of individual emergency preparedness. The National Preparedness Month coalition, which includes the U.S. Department of Homeland Security, more than 80 organizations and all 56 states and territories, will encourage Americans to take simple steps to prepare themselves and their families for any possible emergencies.

“National Preparedness Month will give everyone an opportunity to work toward a better prepared America,” said Homeland Security Secretary Tom Ridge. “This broad coalition and vast number of activities and events will allow us to reach millions of individuals and inform them about ways they can prepare for emergencies in their homes, businesses and schools.”

State and territorial activities range from preparedness booths at the state capitol or state fairs; to proclamations, press conferences or town hall meetings on preparedness issues; to statewide public service announcements and emergency trainings. The more than 80 National Preparedness Month partner organizations will help reach millions of Americans by communicating the simple ways that individuals can prepare for emergencies. Partner activities include:

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The American Red Cross will organize Together We Prepare Saturday, September 18 with its chapters nationwide. Chapters are encouraged to sponsor events in their communities such as first aid trainings and preparedness fairs. The organization’s website, RedCross.org will also launch an online store in September with new pre-packaged products to compliment the wide range of preparedness resources.

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The America Prepared Campaign has galvanized the private sector in support of National Preparedness Month by providing preparedness information and tools at some of the nation’s largest retailers, including Home Depot, Starbucks, Wal-Mart, Costco and Sam’s Club. The campaign has also developed public service announcements, which seek to raise awareness about the importance of preparedness and will distribute these starting in September through broadcast, print and outdoor vehicles. In addition, the organization has sponsored two contests to encourage individuals to get prepared, a short film contest judged by Miramax Co-chairman Harvey Weinstein and a cash-prize contest for the school that gets the most families prepared.

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The U.S. Chamber of Commerce, the world's largest business federation, is participating in National Preparedness Month to help get the business community prepared. The Chamber will distribute emergency preparedness information to its employees nationwide and encourage its members, which include businesses, state and local chambers of commerce, and trade and professional associations, to do the same. In addition, the organization will join with Homeland Security to launch Ready for Business, and encourage all businesses to take practical steps to prepare for any possible emergency.

•

The National Association of Broadcasters has partnered with the Department of Homeland Security to create Are You Ready?, a step-by-step emergency preparedness guidebook for local broadcasters. The guide provides detailed instructions about how broadcasters can prepare their stations for emergencies and get involved in promoting preparedness in their communities. The NAB will make this valuable resource available to all television and radio broadcast stations during September. Additionally, NAB will promote and distribute emergency preparedness public service advertisements as well as develop and host a Ready section on their website.

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The Public Discourse Project (formerly the 9/11 Commission) will continue to make emergency preparedness a priority. Particularly, its members will work to educate the private sector that preparedness for rescue, restart, and recovery of operations should include a plan for evacuation, adequate communications capabilities, and a plan for continuity of operations, as outlined in the Commission's report.

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The Department of Homeland Security’s National Preparedness Month activities will include initiatives related to the Ready campaign as well as events hosted by Citizen Corps. In September, DHS will build on its Ready campaign, a national public education effort launched in 2003 in partnership with the Ad Council designed to educate and empower individuals to prepare for emergencies by getting a kit, making a family communications plan and being informed about potential threats. Ready for Business will be launched to educate small and medium-sized businesses about safeguarding their employees and assets while preparing for business continuity in the event of a disaster. In addition, Citizen Corps, the Department’s community-based organization that encourages Americans to volunteer to make their communities safer and better prepared for emergencies, will organize events through its 1,400 state and local Councils across the country.

While events will be held across the country throughout the month, all National Preparedness Month partner organizations will join together for a launch on Capitol Hill on September 9 in Washington, DC. The event, co-chaired by Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) and Representatives Christopher Cox (R-CA) and Jane Harman (D-CA), will be held on the grounds of the United States Capitol at 11:00 AM EDT.

DHS expands authority to collect Biometric data for USVISIT

United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT''); Authority to Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry

AGENCY: Border and Transportation Security Directorate, DHS.

SUMMARY: The Department of Homeland Security (DHS) has established the United States Visitor and Immigrant Status Technology Program (US-VISIT), an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens' identities; and authenticates aliens' travel documents through comparison of biometric identifiers. On January 5, 2004, DHS implemented the first phase of US-VISIT by publishing an interim rule in the Federal Register at 69 FR 468. The January 5, 2004 interim rule authorized DHS to require aliens seeking to be admitted to the United States pursuant to nonimmigrant visas to provide fingerprints, photographs, or other biometric identifiers upon arrival in, or departure from, the United States at air and sea ports of entry. This interim rule expands the US-VISIT program to the 50 most highly trafficked land border ports of entry in the United States. These 50 land borders will be integrated into the US-VISIT program following identification in Notices published in the Federal Register, with all 50 ports of entry to be identified no later than December 31, 2004.

This interim rule also further defines the population of aliens who are required to provide biometric identifiers and other identifying information under the US-VISIT program. First, DHS may require biometric data collection from nonimmigrant aliens who are visa exempt under the Visa Waiver Program (VWP). While this interim rule provides that DHS has the authority to require Mexican nationals who present a Border Crossing Card to provide biometric data upon arrival in, or departure from, the United States, the Secretaries of DHS and the Department of State (DOS) have jointly determined that BCC travelers who are not required to be issued a Form I-94 Arrival/Departure Record at the time of admission are exempt from the US-VISIT biometric data collection requirements. Second, certain officials of the Taipei Economic and Cultural Representative Office are exempt from the US-VISIT biometric data collection requirements. Third, crewmembers applying for landing privileges may be required to provide biometric data under US-VISIT.

This interim rule also makes technical changes to US-VISIT as a result of comments received by DHS on the January 5, 2004 interim rule. Finally, DHS solicits public comment on all aspects of the operation of US-VISIT to date, as well as the expansion of US-VISIT pursuant to this interim rule.

DATES: Effective date: This interim rule is effective September 30, 2004.

Comment date: Written comments must be submitted on or before November 1, 2004.

ADDRESSES: Because DHS does not yet have electronic docketing capability, for the purposes of this rule, we are using the Environmental Protection Agency (EPA) Docket Management System for US-VISIT. You may submit comments identified by RIN 1615-AA00 to the Docket Management Facility at the EPA. To avoid duplication, please use only one of the following methods:

(1) Web site: http://www.epa.gov/edocket. Follow the instructions for submitting comments at that web site.

(2) Mail: Written comments may be submitted to Michael Hardin, Senior Policy Advisor, US-VISIT, Border and Transportation Security; Department of Homeland Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.

(5) Federal eRulemaking portal: http://www.regulations.gov. Follow the instructions for submitting comments.

Submitted comments may be inspected at 1616 North Ft. Myer Drive, Arlington, VA 22209, between 9 a.m. and 5 p.m., Monday through Friday except Federal holidays. Arrangements to inspect submitted comments should be made in advance by calling (202) 298-5200. You may also find this docket on the Internet at http://www.epa.gov/edocket You may also access the Federal eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION, CONTACT: Michael Hardin, Senior Policy Advisor, US-VISIT, Border and Transportation Security, Department of Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington, Virginia 22209, (202) 298-5200.

DHS rectifies omission of Jacksonville from USVISIT

Border and Transportation Security; Notice to Aliens Included in the United States Visitor and Immigrant Status Indicator Technology System (US-VISIT)

AGENCY: Border and Transportation Security Directorate, DHS.

ACTION: Notice; technical correction.

SUMMARY: On August 20, 2004, the Department of Homeland Security (DHS) published a Notice in the Federal Register at 69 FR 51695 adding certain ports to, and deleting certain ports from, inclusion in the US-VISIT program. In this Notice, the Jacksonville sea port in Jacksonville, Florida was inadvertently deleted. This technical correction amends the list of ports that was published on August 20, 2004 to include the Jacksonville sea port.

EFFECTIVE DATE: This Notice is effective August 26, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Hardin, Program Analyst, US-VISIT, Border and Transportation Security, Department of Homeland Security, 425 I Street, NW., Washington, DC 20536, telephone (202) 298-5200.

SUPPLEMENTARY INFORMATION: On January 5, 2004, DHS published a Notice in the Federal Register at 69 FR 482 designating 115 airports and 14 sea ports for inclusion in the US-VISIT program. One of these 14 sea ports was the Jacksonville sea port in Jacksonville, Florida. On August 20, 2004, DHS published a Notice in the Federal Register at 69 FR 51695 adding certain ports to, and deleting certain ports from, inclusion in the US-VISIT program. In this Notice, the Jacksonville sea port in Jacksonville, Florida was inadvertently deleted.

What Does This Notice Do?

This Notice amends the Notice published on August 20, 2004 to include the Jacksonville sea port on the list of ports of entry designated to collect biometric data from certain aliens upon arrival in the United States. No other action is taken in this Notice.

Notice of Requirements for Biometric Collection From Aliens.

DHS hereby designates the following ports of entry for inclusion in US-VISIT for the collection of information at the time of alien arrival pursuant to 8 CFR 235.1(d)(1):
Sea ports: Jacksonville, Florida.

Dated: August 23, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-19553 Filed 8-25-04; 8:45 am]
BILLING CODE 4410-10-P

DHS Announces ReDesignation Of Liberia TPS

WASHINGTON – The Department of Homeland Security (DHS) today announced the re-designation of Temporary Protected Status for nationals of Liberia until October 1, 2005. Under this re-designation, nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) may be eligible to live and work in the United States for an additional year. Some individuals may be eligible for TPS for the first time; however, applicants must continue to demonstrate continuous residence in the United States since October 1, 2002. There are approximately 3,792 nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) who are eligible for registration.

The re-designation of Liberia for TPS is effective October 1, 2004, and will remain in effect until October 1, 2005. Nationals of Liberia who have been granted TPS under the designation ending October 1, 2004, and first time applicants must register for the 12-month designation during the 180-day registration period, which begins on August 25, 2004 and will remain in effect until February 21, 2005. Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On October 1, 2002, the Attorney General (who retained authority over TPS designations prior to the creation of the DHS on March 1, 2003) designated TPS for Liberia based on an ongoing-armed conflict.

Since that time, the U.S. Government has continuously examined conditions in Liberia and recently determined that, because the armed conflict has concluded, the conditions that prompted TPS designation no longer exist. Accordingly, the Secretary of DHS is terminating the designation of Liberia for TPS under 8 U.S. C. 1254a(b)(3)(B). However, the Secretary of DHS finds that there are extraordinary and temporary conditions in Liberia resulting from the damage caused by the civil war that prevent the safe return of certain nationals of Liberia (or aliens having no nationality who last habitually resided in Liberia) who are otherwise eligible for TPS. The protracted civil war in Liberia has damaged Liberia’s infrastructure. Eighty percent of the pre-war housing stock has been damaged. Less than ten percent of the arable land is under cultivation. Food security, shelter, water, sanitation, and healthcare remain practically non-existent. Therefore, the redesignation of Liberia for TPS is warranted under 8 U.S. C. 1254a(b)(1)(C).

To register for TPS, an applicant must submit Form I-821 (Application for Temporary Protected Status) with the $50 filing fee, Form I-765 (Application for Employment Authorization), and two identification photographs (full face frontal, 2”x2) to the local USCIS district office. Both forms must be submitted for registration. All applicants between the ages of 14 and 65 (inclusive) seeking employment authorization until October 1, 2005 must submit a $175 filing fee with Form I-765. Additionally, all applicants who are over the age of 14 must submit a $70 fee for fingerprints. Applicants may request a fee waiver in accordance with the regulations. Failure to submit the required photographs and filing fees will result in the rejection of the registration application. Applicants are reminded to send the exact amount.

Interim Employment Authorization Documents (EADs) will not be issued to an applicant unless the Form I-765 (Application for Employment Authorization) has been pending with USCIS more than 90 days after all requested initial evidence has been received by USCIS, including collection of the applicant’s fingerprints at an Application Support Center (ASC). Therefore, applicants are encouraged to appear at an ASC for fingerprints as soon as possible after submission of the TPS registration package to a USCIS district office.

More information can be obtained from the USCIS National Customer Service Center toll-free number: 1-800-375-5283. TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676, or from the USCIS Web site: www.uscis.gov.

USCIS to terminate Fingerprint contract with DLEAs

On October 1, 2004, USCIS will terminate its contract with Designated Law Enforcement Agencies (DLEAs), where some immigrants in rural locations have gone for fingerprint services. The DLEA contract is ending as USCIS strives to meet new biometric standards, including the ability to take and store electronic fingerprints, photographs and signatures. The new biometric standards will enhance the security and integrity of fingerprint data and improve customer service by allowing data to be stored and reused, thereby minimizing customer returns for additional fingerprints. The DLEAs cannot meet these new biometric standards, and beginning October 1, 2004, USCIS will direct customers to the nearest Application Support Center (ASC) for fingerprinting services.

Application Support Centers, U.S. consular posts, and military installations abroad will continue to be recognized as authorized fingerprint sites. In 1997, the Immigration and Naturalization Service (INS) established 130 ASCs nationwide where applicants for immigration benefits can have fingerprints and photographs taken. ASCs were located strategically to serve as many customers as possible with no more than a 100-mile drive from their homes. However, customer populations in more remote locations were too small to justify opening an ASC. In those cases, INS partnered with local law enforcement agencies and established 52 contracts with designated agencies to take fingerprints and photographs for customers. The DLEAs process about 25,000 sets of fingerprints per year. In contrast, the ASCs process about 1.8 million sets of fingerprints per year.

For more information on fingerprinting requirements for immigration benefits, visit http://uscis.gov/graphics/formsfee/finger/index.htm.

For a list of Application Support Centers, contact information, directions, and hours of operation, visit http://uscis.gov/graphics/fieldoffices/ascs/asc.htm

-USCIS-

On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland ecurity. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing our nation's security.

DHS updates entry and exit ports for USVISIT

SUMMARY: The Department of Homeland Security (DHS) has established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT), an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens' identities; and authenticates aliens' travel documents through comparison of biometric identifiers. On January 5, 2004, DHS published a Notice in the Federal Register at 69 FR 482 designating 115 airports and 14 sea ports for inclusion in the US-VISIT program. US-VISIT was implemented at 115 airports and 14 sea ports on January 5, 2004 by Notice published in the Federal Register at 69 FR 482. In addition, pilot programs have been established at 15 air or sea ports to collect biometric information from certain aliens upon their departure from the United States.

This Notice identifies six new ports of entry for inclusion in the US-VISIT program at air and sea ports. This Notice also deletes two ports of entry that were inadvertently included in the January 5, 2004 Notice identifying air and sea ports of entry under US-VISIT. Further, this Notice deletes two ports that were included inadvertently in the exit pilot programs announced on August 3, 2004 at 69 FR 46556, replacing those ports with two airports to maintain the full number of fifteen exit pilot programs.

EFFECTIVE DATE: This Notice is effective August 20, 2004.

FOR FURTHER INFORMATION CONTACT: Michael Hardin, US-VISIT, Border and Transportation Security, Department of Homeland Security, 1616 Fort Myer Drive, 18th Floor, Arlington, VA 22209, telephone (202) 298-5200.

SUPPLEMENTARY INFORMATION:

What Is US-VISIT?

DHS established US-VISIT in accordance with several Congressional mandates requiring that DHS create an integrated, automated entry-exit system that records the arrival and departure of aliens; verifies aliens' identities; and authenticates aliens' travel documents through comparison of biometric identifiers. US-VISIT is part of a continuum of security measures that begins overseas when a person applies for a visa to travel to the United States and continues on through entry and exit at U.S. air and seaports and, eventually, at land border crossings. The US-VISIT program enhances the security of U.S. citizens and visitors by verifying the identity of aliens traveling into or departing from the United States. At the same time, the program facilitates legitimate travel and trade by leveraging technology and the evolving use of biometrics to expedite processing at U.S. borders.

The goals of the program are to:
Enhance the security of U.S. citizens and visitors
Facilitate legitimate travel and trade
Ensure the integrity of the immigration system
Safeguard the personal privacy of visitors

On January 5, 2004, DHS published an interim rule in the Federal Register at 69 FR 468 implementing the first phase of US-VISIT at air and sea ports of entry in the United States. The January 5, 2004 interim rule authorized the Secretary of DHS to:

Require nonimmigrant aliens seeking admission pursuant to a nonimmigrant visa at an air or sea port of entry designated by Notice in the Federal Register to provide fingerprints, photograph(s), or other specified biometric identifiers at time of application for admission or at time of departure; and

Establish pilot programs at up to fifteen air or sea ports of entry, designated through Notice in the Federal Register, through which the Secretary of DHS may require an alien admitted pursuant to a nonimmigrant visa who departs the United States from a designated air or sea port of entry to provide fingerprints, photograph(s), or other specified biometric identifiers, documentation of his or her immigration status in the United States, and such other evidence as may be requested to determine the alien's identity and whether he or she has properly maintained his or her status while in the United States.

On January 5, 2004, DHS published a Notice in the Federal Register at 69 FR 482, designating 115 airports and 14 sea ports for the collection of biometric data from certain aliens upon arrival to the United States under the US-VISIT program. Since January 5, 2004, aliens applying for admission pursuant to a nonimmigrant visa at any of the designated arrival air and sea ports have been required to submit fingerprints and photographs. The January 5, 2004 Notice also identified the Baltimore-Washington International Airport and Miami Seaport as ports designated under the exit pilot programs for the collection of biometric information from aliens departing from the United States.

On August 3, 2004, DHS published a Notice in the Federal Register at 69 FR 46556 designating thirteen additional ports for implementation of US-VISIT exit pilot programs. The Notice listed all 15 ports authorized to establish exit pilot programs under 8 CFR 215.8(a)(1).

What Does This Notice Do?

First, this Notice adds six ports of entry to the list of ports of entry designated under the US-VISIT program under the January 5, 2004 Notice. These six ports of entry are: Albany International Airport, New York; St. Petersburg/Clearwater International Airport, Florida; Port Everglades seaport, Florida; Andrews Air Force Base, Maryland; New York City seaport, New York; and Port Canaveral, Terminal 10, Florida. These ports are being added as they were originally intended to be part of the initial list of designated ports of entry published on January 5,
2004. Port Everglades, as a suboffice of the Miami seaport, has been collecting US-VISIT data since January, but DHS wishes to clarify all specific physical ports that are part of the US-VISIT program.

Second, this Notice eliminates two ports of entry that were erroneously listed in the January 5, 2004 Notice. Alfred Whitted Airport in St. Petersburg, Florida and the seaport in Jacksonville, Florida are deleted from the list of air and seaports collecting information under US-VISIT. US-VISIT was never deployed at either of these two ports.

Third, this Notice eliminates Agana International Airport (Agana, Guam) and McCarren International Airport (Las Vegas, Nevada) from the list of the fifteen ports designated for implementation of exit pilot programs under US-VISIT. These two airports were included inadvertently in the August 3, 2004 Notice. US-VISIT exit pilot programs have not been deployed at these two airports. In their place, this Notice adds Seattle/Tacoma International Airport (Washington) and Ft. Lauderdale/Hollywood Airport (Florida) to the list of ports included in the US-VISIT exit pilot programs.

The updated, complete lists of all ports of entry designated under US-VISIT are identified below.

DHS deletes one air and one sea port of entry from the list of ports published on January 5, 2004 at 69 FR 482.

The following ports are no longer designated for US-VISIT inspection at time of alien arrival under 8 CFR 235.1(d)(1): St. Petersburg, Florida (Alfred Whitted Airport); Jacksonville, Florida (sea port).

DHS deletes two air ports of entry from the list of ports published on August 3, 2004 at 69 FR 46566.

The following ports are no longer designated for US-VISIT inspection at time of alien departure under 8 CFR 215.8: Agana, Guam (Agana International Airport); Las Vegas, Nevada (McCarren International Airport).

DHS hereby designates the following ports of entry for inclusion in US-VISIT for the collection of information at the time of alien arrival pursuant to 8 CFR 235.1(d)(1):

Airports

Agana, Guam (Agana International Airport)

Aguadilla, Puerto Rico (Rafael Hernandez Airport)

Albuquerque, New Mexico (Albuquerque International Airport)

Anchorage, Alaska (Anchorage International Airport)

Andrews Air Force Base, Maryland

Albany, New York (Albany International Airport)

Aruba (Pre-Flight Inspection)

Atlanta, Georgia (William B. Hartsfield International Airport)

Austin, Texas (Austin Bergstrom International Airport)

Baltimore, Maryland (Baltimore/Washington International Airport)

Bangor, Maine (Bangor International Airport)

Bellingham, Washington (Bellingham International Airport)

Boston, Massachusetts (General Edward Lawrence Logan International Airport)

Brownsville, Texas (Brownsville/South Padre Island Airport)

Buffalo, New York (Greater Buffalo International Airport)

Calgary, Canada (Pre-Flight Inspection)

Chantilly, Virginia (Washington Dulles International Airport)

Charleston, South Carolina (Charleston International Airport)

Charlotte, North Carolina (Charlotte/Douglas International Airport)

Chicago, Illinois (Chicago Midway Airport)

Chicago, Illinois (Chicago O'Hare International Airport)

Cincinnati, Ohio (Cincinnati/Northern Kentucky International Airport)

Cleveland, Ohio (Cleveland Hopkins International Airport)

Columbus, Ohio (Rickenbacker International Airport)

Columbus, Ohio (Port Columbus International Airport)

Dallas/Fort Worth, Texas (Dallas/Fort Worth International Airport)

Del Rio, Texas (Del Rio International Airport)

Denver, Colorado (Denver International Airport)

Detroit, Michigan (Detroit Metropolitan Wayne County Airport)

Dover/Cheswold, Delaware (Delaware Airpark)

Dublin, Ireland (Pre-Flight Inspection)

Edmonton, Canada (Pre-Flight Inspection)

El Paso, Texas (El Paso International Airport)

Erie, Pennsylvania (Erie International Airport)

Fairbanks, Alaska (Fairbanks International Airport)

Fajardo, Puerto Rico (Diego Jimenez Torres Airport)

Fort Lauderdale, Florida (Fort Lauderdale Executive Airport)

Fort Lauderdale, Florida (Fort Lauderdale/Hollywood International
Airport)

Fort Myers, Florida (Fort Myers International Airport)

Freeport, Bahamas (Pre-Flight Inspection)

Greenville, South Carolina (Donaldson Center Airport)

Hamilton, Bermuda (Pre-Flight Inspection)

Hartford/Springfield, Connecticut (Bradley International Airport)

Honolulu, Hawaii (Honolulu International Airport)

Houston, Texas (Houston International Airport)

Indianapolis, Indiana (Indianapolis International Airport)

International Falls, Minnesota (Falls International Airport)

Isla Grande, Puerto Rico (Isla Grande Airport)

Jacksonville, Florida (Jacksonville International Airport)

Juneau, Alaska (Juneau International Airport)

Kansas City, Kansas (Kansas City International Airport)

Kenmore, Washington (Kenmore Air Harbor)

Key West, Florida (Key West International Airport)

King County, Washington (King County International Airport)

Kona, Hawaii (Kona International Airport)

Laredo, Texas (Laredo International Airport and Laredo Private Airport)

Las Vegas, Nevada (McCarren International Airport)

Los Angeles, California (Los Angeles International Airport)

Manchester, New Hampshire (Manchester Airport)

Mayaguez, Puerto Rico (Eugenio Maria de Hostos Airport)

McAllen, Texas (McAllen Miller International Airport)

Memphis, Tennessee (Memphis International Airport)

Miami, Florida (Kendall/Tamiami Executive Airport)

Miami, Florida (Miami International Airport)

Milwaukee, Wisconsin (General Mitchell International Airport)

Minneapolis/St. Paul, Minnesota (Montreal, Canada (Pre-Flight
Inspection))

Nashville, Tennessee (Nashville International Airport)

Nassau, Bahamas (Pre-Flight Inspection)

New Orleans, Louisiana (New Orleans International Airport)

New York, New York (John F. Kennedy International Airport)

Newark, New Jersey (Newark International Airport)

Norfolk, Virginia (Norfolk International Airport and Norfolk Naval Air
Station)

Oakland, California (Metropolitan Oakland International Airport)

Ontario, California (Ontario International Airport)

Opa Locka/Miami, Florida (Opa Locka Airport)

Orlando, Florida (Orlando International Airport)

Orlando/Sanford, Florida (Orlando/Sanford Airport)

Ottawa, Canada (Pre-Flight Inspection)

Philadelphia, Pennsylvania (Philadelphia International Airport)

Phoenix, Arizona (Phoenix Sky Harbor International Airport)

Pittsburgh, Pennsylvania (Pittsburgh International Airport)

Ponce, Puerto Rico (Mercedita Airport)

Portland, Maine (Portland International Jetport Airport)

Portland, Oregon (Portland International Airport)

Portsmouth, New Hampshire (Pease International Tradeport Airport)

Providence, Rhode Island (Theodore Francis Green State Airport)

Raleigh/Durham, North Carolina (Raleigh/Durham International Airport)

Reno, Arizona (Reno/Tahoe International Airport)

Richmond, Virginia (Richmond International Airport)

Sacramento, California (Sacramento International Airport)

Salt Lake City, Utah (Salt Lake City International Airport)

San Antonio, Texas (San Antonio International Airport)

San Diego, California (San Diego International Airport)

San Francisco, California (San Francisco International Airport)

San Jose, California (San Jose International Airport)

San Juan, Puerto Rico (Luis Munoz Marin International Airport)

Sandusky, Ohio (Griffing Sandusky Airport)

Sarasota/Bradenton, Florida (Sarasota-Bradenton International Airport)

Seattle, Washington (Seattle/Tacoma International Airport)

Shannon, Ireland (Pre-Flight Inspection)

Spokane, Washington (Spokane International Airport)

St. Croix, Virgin Island (Alexander Hamilton International Airport)

St. Louis, Missouri (St. Louis International Airport)

St. Lucie, Florida (St. Lucie County International Airport)

St. Petersburg, Florida (St. Petersburg-Clearwater International
Airport)

St. Thomas, Virgin Island (Cyril E. King International Airport)

Tampa, Florida (Tampa International Airport)

Teterboro, New Jersey (Teterboro Airport)

Toronto, Canada (Pre-Flight Inspection)

Tucson, Arizona (Tucson International Airport)

Vancouver, Canada (Pre-Flight Inspection)

Victoria, Canada (Pre-Flight Inspection)

West Palm Beach, Florida (Palm Beach International Airport)

Wilmington, North Carolina (Wilmington International Airport)

Winnipeg, Canada (Pre-Flight Inspection)

Yuma, Arizona (Yuma International Airport).

Seaports

Long Beach, California

Miami, Florida

New York City

Port Everglades, Florida

Port Canaveral, Florida

Port Canaveral, Florida (Terminal 10)

San Juan, Puerto Rico

San Pedro, California

Seattle, Washington (Cruise Terminal)

Seattle, Washington

Tampa, Florida (Terminal 3)

Tampa, Florida (Terminal 7)

Vancouver, Canada (Ballantyne Pier)

Vancouver, Canada (Canada Place)

Victoria, Canada (Pre Inspection)

West Palm Beach, Florida.

DHS hereby designates the following ports of entry for inclusion in US-VISIT for the collection of information at the time of departure pursuant to 8 CFR 215.8.

Airports

Baltimore, MD (Baltimore/Washington International Airport)

Newark, New Jersey (Newark International Airport)

Atlanta, Georgia (William B. Hartsfield International Airport)

Chicago, Illinois (O'Hare International Airport)

Philadelphia, Pennsylvania (Philadelphia International Airport)

Dallas/Fort Worth, Texas (Dallas/Fort Worth International Airport)

Detroit, Michigan (Detroit Metropolitan Wayne County Airport)

San Juan, Puerto Rico (Luis Mu[ntilde]oz Marin International Airport)

Phoenix, Arizona (Phoenix Sky Harbor International Airport)

San Francisco, California (San Francisco International Airport)

Seattle, Washington (Seattle/Tacoma International Airport)

Ft. Lauderdale, Florida (Ft. Lauderdale/Hollywood International
Airport)

Denver, Colorado (Denver International Airport).

The US-VISIT System Is Maintained Consistent With Privacy and Due Process Principles

As discussed in the January 5, 2004 interim rule, US-VISIT records will be protected consistent with all applicable privacy laws, regulations and US-VISIT's Privacy Policy dated January 16, 2004, which can be found at 69 FR 2608. Those seeking additional information, including nonimmigrant aliens who wish to contest or seek a change of their records, should direct a written request to the US-VISIT Program Office at the following address: Steve Yonkers, Privacy Officer, US-VISIT, Border and Transportation Security, Department of Homeland Security, Washington, DC 20528. Phone (202) 927-5200. Fax (202) 298-5201. E-mail: USVISITPrivacy@DHS.GOV. The request should include the requestor's full name, current address and date of birth, and a detailed explanation of the change sought. If the matter cannot be resolved by the Privacy Officer, further appeal for resolution may be made to the DHS Privacy Officer at the following address: Nuala O'Connor Kelly, Chief Privacy Officer, U.S. Department of Homeland Security, Washington, DC 20528, telephone (202) 282-8000, facsimile (202) 772-5036. Please see the January 5, 2004 interim rule at 69 FR 468 for more information about the US-VISIT privacy policy.

CBP gets another weapon in its armor; Expedited Removal Authorization

SUMMARY: This notice authorizes the Department of Homeland Security to place in expedited removal proceedings any or all members of the following class of aliens: Aliens determined to be inadmissible under sections 212(a)(6)(C) or (7) of the Immigration and Nationality Act who are present in the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of- entry, who are encountered by an immigration officer within 100 air miles of the U.S. international land border, and who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the fourteen- day (14-day) period immediately prior to the date of encounter. DHS believes that exercising its statutory authority to place these individuals in expedited removal proceedings will enhance national security and public safety by facilitating prompt immigration determinations, enabling DHS to deal more effectively with the large volume of persons seeking illegal entry, and ensure removal from the country of those not granted relief, while at the same time protecting the rights of the individuals affected. DATES: This notice is effective on August 11, 2004.

ADDRESSES: Please submit written comments to: Regulations Branch, Office of Regulations and Rulings, Bureau of Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Washington, DC 20229. See SUPPLEMENTARY INFORMATION section for more details on submission of comments.

FOR FURTHER INFORMATION CONTACT: Dana E. Graydon, Acting Associate Chief, Office of Border Patrol, U.S. Customs and Border Protection,1300 Pennsylvania Ave., NW., Suite 6.5-E, Washington, DC 20229, dana.graydon@dhs.gov, 202-344-3153.

SUPPLEMENTARY INFORMATION: Please submit written comments, original and two copies, to the address listed above on or before after October 12, 2004. Submitted comments may be inspected at the Office of Regulations and Rulings, Bureau of Customs and Border Protection, 799 9th Street, NW., Washington, DC, during regular business hours. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 572-8768.

Section 302 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-208, Div. C, 110 Stat. 3009-546, amended section 235(b) of the Immigration and Nationality Act ("Act"), 8 U.S.C. 1225(b), to authorize the Attorney General (now the Secretary of Homeland Security as designated under the Homeland Security Act of 2002) to remove, without a hearing before an immigration judge, aliens arriving in the U.S. who are inadmissible under sections 212(a)(6)(C) or 212(a)(7) of the Act, 8 U.S.C. 1182(a)(6)(C) and 1182(a)(7). Under section 235(b)(1) of the Act, 8 U.S.C. 1225(b)(1), expedited removal proceedings may be applied to two categories of aliens. First, section 235(b)(1)(A)(i) of the Act, 8 U.S.C. 1225(b)(1)(A)(i), permits expedited removal proceedings for aliens who are "arriving in the United States.'' "Arriving aliens'' are defined by regulation to mean "an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international waters and brought into the United States by any means whether or not to a designated port-of- entry.'' (8 CFR 1.1(q)). Cuban citizens who arrive at U.S. ports-of- entry by aircraft are exempted from this first category of aliens subject to expedited removal under section 235(b)(1)(F) of the Act, 8 U.S.C. 1225(b)(1)(F). Second, section 235(b)(1)(A)(iii) of the Act, 8 U.S.C. 1225(b)(1)(A)(iii), permits the Attorney General (now the Secretary of Homeland Security), in his or her sole and unreviewable discretion, to designate certain other aliens to whom the expedited removal provisions may be applied. Section 235(b)(1)(A)(iii), 8 U.S.C. 1225(b)(1)(A)(iii), authorizes the Secretary to apply (by designation) expedited removal proceedings to aliens who arrive in, attempt to enter, or have entered the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of- entry, and who have not established to the satisfaction of the immigration officer that they have been physically present in the U.S. continuously for the two-year period immediately prior to the date of determination of inadmissibility.

By statute, an alien present in the U.S. who has not been admitted shall be deemed for purposes of the Act to be an applicant for admission. 8 U.S.C. 1225(a), section 235(a)(1) of the Act. Once alienage has been established, an alien applicant for admission has the burden of establishing that he or she is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 212 of this Act. Aliens who have not been admitted or paroled and who are subject to expedited removal under this designation have the burden of proof to show affirmatively that they are not inadmissible and have maintained the required continuous physical presence in the U.S. Any absence from the U.S. shall serve to break the period of continuous physical presence. 8 CFR 235.3(b)(1)(ii).

Pursuant to 8 CFR 235.3(b)(1)(ii) (62 FR 10312, 10355, March 6, 1997), the Attorney General provided that her designation authority would be exercised by the Commissioner of the former Immigration and Naturalization Service (INS). Pursuant to sections 102(a), 441, 1512(d) and 1517 of the Homeland Security Act of 2002, Public Law 107-296, 116 Stat. 2310, 6 U.S.C. 112, 251, 552(d), 557, and 8 CFR 2.1, the authority of the Attorney General and the Commissioner of the INS in accordance with 8 U.S.C. 235(b)(1)(A)(iii) and 8 CFR 235.3(b)(1)(ii), respectively, was transferred to the Secretary of Homeland Security, and references to the Attorney General or the Commissioner in the statute and regulations are deemed to refer to the Secretary.

DHS has a pressing need to improve the security and safety of the nation's land borders, and expanding expedited removal between ports of entry will provide DHS officers with a valuable tool to meet that objective. Presently DHS officers cannot apply expedited removal procedures to the nearly 1 million aliens who are apprehended each year in close proximity to the borders after illegal entry. It is not logistically possible for DHS to initiate formal removal proceedings against all such aliens. This is primarily a problem along the southern border, and thus the majority of such aliens are Mexican nationals, who are "voluntarily'' returned to Mexico without any formal removal order. Based upon anecdotal evidence, many of those who are returned to Mexico seek to reenter the U.S. illegally, often within 24 hours of being voluntarily returned (it is not uncommon for DHS officers to apprehend the same individual many times over a span of several months). On the southern land border with Mexico, those aliens who are apprehended who are not Mexican nationals cannot be returned to Mexico. Currently, non-Mexican nationals who are inadmissible may be voluntarily returned to their country of citizenship or nationality via aircraft, or placed in formal removal proceedings under section 240 of the Act. Because DHS lacks the resources to detain all third-country nationals (aliens who are neither nationals of Mexico nor Canada) who have been apprehended after illegally crossing into the U.S. from both the northern and southern land borders, many of these aliens are released in the U.S. each year with a notice to appear for removal proceedings. Many of these aliens subsequently fail to appear for their removal proceedings, and then disappear in the U.S.

Without limiting its ability to exercise its discretion in the event of a national emergency, other unforeseen events, or a change in circumstances, DHS plans under this designation as a matter of prosecutorial discretion to apply expedited removal only to (1) third- country nationals and (2) to Mexican and Canadian nationals with histories of criminal or immigration violations, such as smugglers or aliens who have made numerous illegal entries. We recognize that certain aliens, including unaccompanied minors, members of the Class Action Settlement in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) (which settled the claims of a class of Salvadorans and Guatemalans regarding handling of asylum claims), and aliens who may be eligible for cancellation of removal under section 240A of the Act,

for example, may possess equities that weigh against the use of expedited removal proceedings. Accordingly, in appropriate circumstances and as an exercise of prosecutorial discretion, officers will be able to permit certain aliens described in this notice to return voluntarily, withdraw their application for admission, or to be placed into regular removal proceedings under section 240 of the Act in lieu of expedited removal proceedings.

In the interests of focusing enforcement resources upon unlawful entries that have a close spatial and temporal nexus to the border, this notice does not implement the full nationwide expedited removal authority available to DHS pursuant to section 235 of the Act, 8 U.S.C. 1225. Nor does this notice limit DHS from implementing the full nationwide enforcement authority of the statute through publication of a subsequent Federal Register notice. The statute provides DHS with the authority to apply expedited removal to aliens who cannot establish that they have maintained a physical presence in the U.S. continuously for the two-year period immediately prior to the date of determination of inadmissibility. The statute also does not limit geographically the application of expedited removal. At this time, DHS has elected to assert and implement only that portion of the authority granted by the statute that bears close temporal and spatial proximity to illegal entries at or near the border. Accordingly, this notice applies only to aliens encountered within 14 days of entry without inspection and within 100 air miles of any U.S. international land border.

It is anticipated under this designation that expedited removal will be employed against those aliens who are apprehended immediately proximate to the land border and have negligible ties or equities in the U.S. Nevertheless, this designation extends to a 100-mile operational range because many aliens will arrive in vehicles that speedily depart the border area, and because other recent arrivals will find their way to near-border locales seeking transportation to other locations within the interior of the U.S. The 100-mile range already has been established by regulation as a reasonable distance from the external boundary of the U.S. for the purpose of preventing the illegal entry of aliens into the U.S. See section 287(a)(3) of the Act; 8 CFR 287.1(a)(2) and (c).

The use of expedited removal orders, which prohibit reentry for a period of 5 years, will deter unlawful entry, and make it possible to pursue future criminal prosecution against those aliens who continue to enter the U.S. in violation of law. It will also accelerate the processing of inadmissible aliens because it generally does not require an appearance before an immigration judge, except in certain circumstances. Deterring future entries and accelerating removals will enhance DHS's ability to oversee the border, and to focus its resources on threats to public safety and to national security. DHS also believes that the use of expedited removal will likely interfere with human trafficking and alien smuggling operations, which are growing in sophistication, and which induce aliens from all over the world to cross the country's borders. Alien smuggling organizations have been responsible for numerous violent crimes, including homicide, hostage- taking, and crimes involving sexual exploitation. DHS expects that the expansion of expedited removal under this notice will ultimately reduce the number of aliens who risk injury or death attempting to enter the U.S. through difficult mountainous and desert terrain, as well as decrease property crimes in border areas.

All aliens placed into expedited removal as a result of this designation will have the same rights to a credible fear screening by an asylum officer, and the right to review of an adverse credible fear determination by an immigration judge, that are provided to arriving aliens who are currently placed into expedited removal after being denied admission at a port of entry. Any alien who falls within this designation, who is placed in expedited removal proceedings, and who indicates an intention to apply for asylum or who asserts a fear of persecution or torture will be interviewed by an asylum officer who will determine whether the alien has a credible fear as defined in section 235(b)(1)(B)(v) of the Act, 8 U.S.C. 1225(b)(1)(B)(v). If that standard is met, the alien will be referred to an immigration judge for a removal proceeding under section 240 of the Act, sections 235(b)(1)(A)(ii) and (B) of the Act, 8 U.S.C. 1225(b)(1)(A)(ii) and (B); 8 CFR 235.3(b)(4). The Forms I-867A and I-867B currently used by officers who process aliens under the expedited removal program provide to all aliens in expedited removal proceedings information concerning the credible fear interview, in accordance with the statutory requirement at section 235(b)(1)(B)(iv) of the Act, 8 U.S.C. 1225(b)(1)(B)(iv). The forms require that the officer inquire whether the alien has any reason to fear harm if returned to his or her country. Officers authorized to administer the expedited removal program will be trained to be alert for any verbal or non-verbal indications that the alien may be afraid to return to his or her homeland.

Similarly, all aliens placed into expedited removal as a result of this designation, who claim lawful permanent resident, refugee, asylee status, or U.S. citizenship will receive the same procedures, including the right to review of any adverse expedited removal order by an immigration judge, that are provided to arriving aliens making similar status claims who are currently placed in expedited removal at ports of entry under 8 CFR 235.3(b). DHS, with limited exceptions, plans to detain aliens who are placed in expedited removal under this designation. Section 235(b)(1)(B)(iii)(IV) of the Act, 8 U.S.C. 1225(b)(1)(B)(iii)(IV), and 8 CFR 235.3(b)(2)(iii) direct that any alien who is placed in expedited removal proceedings shall be detained pending a final determination of credible fear and, if found not to have such a fear, such alien shall be detained until removed. Parole of such alien under 8 CFR 235.3(b)(2)(iii) may be permitted only when the Secretary determines, in the exercise of discretion, that parole is required to meet a medical emergency or is necessary for a legitimate law enforcement objective. Section 235(b)(1)(B)(ii) of the Act, 8 U.S.C. 1225(b)(1)(B)(ii), directs that if a credible fear has been established, the alien shall be detained for further consideration of the protection claim or claims. Under Department of Justice regulations, immigration judge review of custody determinations is permitted only for bond and custody determinations pursuant to section 236 of the Act, 8 U.S.C. 1226, 8 CFR 1236, and 8 CFR 1003.19(a). Aliens subject to expedited removal procedures under section 235 of the Act (including those aliens who are referred after a positive credible fear determination to an immigration judge for proceedings under section 240 of the Act) are not eligible for bond, and therefore are not eligible for a bond redetermination before an immigration judge. Parole of aliens determined to have a credible fear may be considered in accordance with section 212(d)(5) of the Act, 8 U.S.C. 1182(d)(5), and 8 CFR 212.5.

The expedited removal authority implemented in this Notice will not be employed against Cuban citizens because removals to Cuba cannot presently be assured and for other U.S. policy reasons. The Department has determined that good cause exists under the

Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B) and (d)(3), to exempt this notice from the notice and comment requirements under the APA. Delaying the implementation of this notice to allow public notice and comment would be impracticable, unnecessary and contrary to the public interest.

Congress explicitly authorized the Secretary of Homeland Security to designate categories of aliens to whom expedited removal proceedings may be applied, and made clear that "[s]uch designation shall be in the sole and unreviewable discretion of the Secretary and may be modified at any time.'' Section 235(b)(1)(A)(iii)(1) of the Act, 8 U.S.C. 1225(b)(1)(A)(iii)(I). The large volume of illegal entries, and attempted illegal entries, and the attendant risks to national security presented by these illegal entries, necessitates that DHS expand the expedited removal program as provided in this designation. DHS is confident that the experience gained through implementation of the expedited removal program at ports of entry will enable DHS to expand the program in a manner that is both effective and humane.

There is an urgent need to enhance DHS's ability to improve the safety and security of the nation's land borders, as well as the need to deter foreign nationals from undertaking dangerous border crossings, and thereby prevent the needless deaths and crimes associated with human trafficking and alien smuggling operations. The expansion of expedited removal will increase the deterrence of illegal entries by ensuring that apprehension quickly leads to removal. This is especially critical because of the environmental dangers faced by aliens illegally entering the U.S. across desert or mountainous areas. In the Arizona desert alone, since the initiation of the Arizona Border Control Initiative (ABC) in March of 2004, the Border Patrol has rescued hundreds of aliens in distress and has unfortunately discovered over 40 aliens who have died in the attempt to enter the U.S.

This designation is necessary to remove quickly from the U.S. aliens who are encountered shortly after illegally entering the U.S. across the land borders. The ability to detain aliens while admissibility and identity is determined and protection claims are adjudicated, as well as to quickly remove aliens without protection claims or claims to lawful status, is a necessity for national security and public safety. As a critical element of a number of DHS initiatives to enhance security along the border, the expansion of expedited removal will increase national security, diminish the number of illegal entries, and impair the ability of smuggling organizations to operate. Accordingly, for the foregoing reasons, the Department has determined that public notice and comment prior to promulgation of this notice would be impracticable, unnecessary and contrary to the public interest as those terms are used under the APA.

Although the Department believes for the foregoing reasons that pre-promulgation notice and comment procedures are not statutorily mandated in this case, DHS is interested in receiving comments from the public on all aspects of the expedited removal program, but especially on the effectiveness of the program, problems envisioned by the commenters, and suggestions on how to address those problems. DHS believes that by maintaining a dialogue with interested parties, DHS can ensure that the program is even more effective in combating and deterring illegal entry, while at the same time protecting the rights of the individuals affected.

The expansion of expedited removal under this notice will also support the Arizona Border Control Initiative (ABC), a program designed to secure and protect the Arizona border. Working with other Federal, State, local and tribal entities, DHS has placed significant personnel and technical assets on the border to decrease the deaths of illegal immigrants in the desert; and to lower the rate of violent crime related to illegal border traffic in Southern Arizona. The ABC began operations in March 2004. For the reasons stated above, the ABC's success will rely in part upon the ability of DHS officers to place inadmissible aliens apprehended shortly after illegal entry into expedited removal.

Every year, illegal aliens from many different countries continue to enter the U.S. illegally across the nation's land borders. It is critical for public safety and national security that these aliens are not released into the U.S. without adequate verification of their identities and backgrounds.

Notice of Designation of Aliens Subject to Expedited Removal Proceedings

Pursuant to section 235(b)(1)(A)(iii) of the Immigration and Nationality Act ("Act") and 8 CFR 235.3(b)(1)(ii), I order as follows:

(1) Except as provided in paragraph (5), the Department of Homeland Security, through its component bureaus, may place in expedited removal proceedings any or all members of the following class of aliens: Aliens who are inadmissible under sections 212(a)(6)(C) or (7) of the Act, who are physically present in the U.S. without having been admitted or paroled following inspection by an immigration officer at a designated port-of-entry, who are encountered by an immigration officer within 100 air miles of any U.S. international land border, and who have not established to the satisfaction of an immigration officer that they have been physically present in the U.S. continuously for the 14-day period immediately prior to the date of encounter. Each alien subject to this notice bears the affirmative burden to show to the satisfaction of an immigration officer that the alien has been present in the U.S. continuously for the relevant 14-day period. This notice does not apply to aliens who arrive at U.S. ports-of-entry, as these aliens are already subject to expedited removal. This notice will be given effect only with respect to apprehensions made within the CBP Border Patrol sectors of (Laredo, McAllen, Del Rio, Marfa, El Paso, Tucson, Yuma, El Centro, San Diego, Blaine, Spokane, Havre, Grand Forks, Detroit, Buffalo, Swanton, and Houlton).

(2) Any alien who falls within this designation who indicates an intention to apply for asylum or who asserts a fear of persecution or torture will be interviewed by an asylum officer to determine whether the alien has a credible fear as defined in section 235(b)(1)(B)(v) of the Act, 8 U.S.C. 1225(b)(1)(B)(v). If that standard is met, the alien will be referred to an immigration judge for proceedings under section 240 of the Act, 8 U.S.C. 1229a.

(3) Any alien who is placed in expedited removal proceedings under this designation who claims lawful permanent resident, refugee, asylee status, or U.S. citizenship will be processed in accordance with the procedures provided in 8 CFR 235.3(b) and 8 CFR 1235.3(b).

(4) Any alien who is placed in expedited removal proceedings under this designation will be detained pursuant to section 235(b) of the Act, 8 U.S.C. 1225(b), with certain exceptions, until removed. However, aliens determined to have a credible fear may be considered by DHS for parole in accordance with section 212(d)(5) of the Act and 8 CFR 212.5. Aliens detained pursuant to the expedited removal provisions under section 235 of the Act (including those aliens who are referred after a positive credible fear determination to an immigration judge for proceedings under section 240 of the Act) are not eligible for bond, and therefore are not eligible for a bond

redetermination before an immigration judge. (5) This notice applies to aliens described in paragraph (1) who are encountered within the U.S. beginning August 11, 2004. (6) The expedited removal proceedings contemplated by this notice will not be initiated against Cuban citizens or nationals.

Dated: August 3, 2004. Tom Ridge, Secretary of Homeland Security. [FR Doc. 04-18469 Filed 8-10-04; 8:45 am] BILLING CODE 4820-02-P

National Preparedness Month; Get your emergency supply kit, learn CPR

August 10, 2004 – The U.S. Department of Homeland Security (DHS), The America Prepared Campaign, the American Red Cross, the National Association of Broadcasters and the U.S. Department of Education have joined a coalition of more 50 national organizations to engage Americans in emergency preparedness by launching National Preparedness Month on September 9. The launch event at the United States Capitol is co-chaired by Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) and Representatives Christopher Cox (R-CA) and Jane Harman (D-CA). In addition, all 56 state and territorial governors have pledged to mark National Preparedness Month with local events.

“National Preparedness Month brings together an amazing coalition of partners to make citizen preparedness a priority for every city, every neighborhood and every home across America,” said Homeland Security Secretary Tom Ridge. “Homeland security is a shared responsibility and I am pleased that so many organizations and so many national leaders are working together to help get this information out into communities across the nation.”

National Preparedness Month will provide Americans with a variety of opportunities to learn more about ways they can prepare for an emergency, get an emergency supply kit, establish a family communications plan, and become better aware of threats that may impact communities. It will also provide them with several opportunities to volunteer or get first aid or CPR training. State and local governments, individual communities, private businesses and nonprofit organizations will host events or promote preparedness steps around the country during September to encourage all Americans to prepare for emergencies in their homes, businesses and schools.

Below is a list of the organizations participating in National Preparedness Month as of today:

The Advertising Council
The American Legion
American Legion Auxiliary
The America Prepared Campaign, Inc.
American Red Cross
The American Safety and Health Institute, Inc.
Blue Cross and Blue Shield Association
Boy Scouts of America
Church World Service
Citizen Corps
The Council of State Governments
Emergency Management Accreditation Program
Easter Seals
Fraternal Order of Police
Girl Scouts of the USA
Hispanic Business Roundtable
Hispanic War Veterans of America
International Association of Chiefs of Police
International Association of Emergency Managers
International Association of Fire Chiefs
International Union of Operating Engineers
Jewish War Veterans of the USA
The Latino Coalition
The Medical Reserve Corps
National Association of Broadcasters
National Association of Counties
National Association of State EMS Directors
National Cable and Telecommunications Association
National Crime Prevention Council
National Emergency Management Association
National Fatherhood Initiative
National Governors Association
National League of Cities
National Organization on Disability
National Retail Federation
National Safety Council
National Sheriffs Association
Northern Virginia Resource Center for Deaf & Hard of Hearing Persons
Outdoor Advertising Association
The Points of Light Foundation
Reserve Officers Association
The Safe America Foundation
The Salvation Army
Telecommunications for the Deaf, Inc.
United Brotherhood of Carpenters and Joiners
United Service Organization
The United States Chamber of Commerce
United States-Mexico Chamber of Commerce
USA Freedom Corps
The U.S. Conference of Mayors
U.S. Department of Education
U.S. National Commission on Libraries and Information Science
Veterans of Foreign Wars of the United States
Washington Metro Area Transit Authority
World Vision of the United States

Details about the official launch of National Preparedness Month and local events will be distributed in late August. For further information or to join this effort please call Kristin Gossel or Lara Shane at 202-282-8010 .

The Ready Campaign is a national public service advertising campaign produced by the Ad Council in partnership with the U.S. Department of Homeland Security. The Ready Campaign is designed to educate and empower American citizens to prepare for and respond to potential terrorist attacks and other emergencies. Citizens interested in receiving a "Get Ready Now" brochure may call 1-800-BE-READY or visit www.Ready.gov for more information.

DHS Announces Expanded Border Control Plans

Department of Homeland Security Under Secretary for Border and Transportation Security Asa Hutchinson announced plans to expand control of the United States borders through increased use of immigration laws to combat illegal entry between the ports of entry while facilitating travel for legitimate Mexican visitors.

This will be accomplished by:

Expanding the use of expedited removal from the ports-of-entry to locations along the U.S. border, and
Increasing the amount of time a border crossing card will allow a card-holder to remain in the U.S.

"We want to send a clear message that those individuals who follow legal immigration procedures will benefit while those who choose to break our nation's immigration laws will be promptly removed from the U.S.," said Under Secretary Hutchinson.

Expedited Removal

While expedited removal has been effectively used at official ports of entry in the U.S. since 1997, it has not been applied on the land borders between the ports of entry. The expansion of expedited removal processing will allow DHS to speed the removal of illegal aliens who are caught while attempting to enter the United States by fraudulent means or while attempting to elude Customs and Border Protection (CBP) Border Patrol agents. This new procedure will only apply to those caught within 100 miles of the Mexican or Canadian borders, and only if they are apprehended within their first 14 days in the U.S. The expanded use of expedited removal is primarily directed at those illegal aliens who are not citizens of Mexico or Canada.

When a person is apprehended and placed in expedited removal proceedings by a CBP Border Patrol agent, he or she generally will be detained and removed to his or her country of origin as soon as circumstances allow. They will not be released into the U.S. in most cases, and is not provided a hearing before an Immigration Judge unless he or she is determined to have a credible fear of return to his or her country.

Any person who expresses an intention to apply for asylum, or a fear of persecution or torture, or a fear of return to his or her home country will be referred to a U.S. Citizenship and Immigration Services (CIS) asylum officer for a "credible fear" interview. If the person is found to have a credible fear, he or she will be removed from the expedited removal process and may seek protection in a removal hearing before an Immigration Judge.

Border Crossing Card

DHS also has decided to expand the time restriction on border crossing cards (BCCs) used by Mexicans to enter the U.S. for temporary visits. This decision was closely coordinated between Secretary for Homeland Security Tom Ridge and Mexican Secretary of Government Santiago Creel. Current rules limit the BCC holder to visits of up to 72 hours within the border zone of 25 miles along the border in Texas, New Mexico, and California and 75 miles of the border in Arizona. Cardholders are exempt from US-VISIT processing for their short, border-zone visits. In order to travel in the U.S. for longer periods or outside of the border zone, a cardholder must obtain an I-94 form (Record of Entry/Departure), which allows travel throughout the U.S. for up to six months.

The forthcoming rule will extend the time limit for BCC visitors from 72 hours to a period of 30 days. As a result of this change, only BCC holders applying for entry of more than 30 days or travel outside of the border zone would be processed through US-VISIT at the time they apply for an I-94 form. This would begin prior to the implementation of US-VISIT at the 50 busiest land border ports-of-entry, scheduled to start on Dec. 31, 2004.

Temporary Protected Status for Nationals Of Somalia extended

WASHINGTON - The Department of Homeland Security and Immigration (DHS) today announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Somalia until September 17, 2005. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional year and continue to maintain their status. There are approximately 324 nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who are eligible for re-registration.

The extension of TPS for Somalia is effective September 17, 2004, and will remain in effect until September 17, 2005. Nationals of Somalia who have been granted TPS must re-register for the 12-month extension during the 60-day re-registration period, which begins on August 6, 2004 and will remain in effect until October 5, 2004. USCIS sought to give TPS beneficiaries a full 60 days to re-register. However, those Somalia TPS beneficiaries who are applying for work authorization should do so before their current EAD expires.

Section 244 of the Immigration and Nationality Act authorizes the Secretary of Homeland Security to grant TPS to aliens in the United States who are nationals of countries that are subject to ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions. On September 16, 1991 and September 4, 2001, the Attorney General (who retained authority over TPS designations prior to the creation of the Department of Homeland Security on March 1, 2003) designated TPS for Somalia based on extraordinary and temporary conditions resulting from the armed conflict there. TPS for Somalia has been extended annually and the most recent extension expires on September 17, 2004. The U.S. Government continues to examine conditions in Somalia and finds that an extension of TPS is warranted because the extraordinary and temporary conditions that prompted designation persist.

To re-register for TPS under the extension, a TPS applicant must submit Form I-821 (Application for Temporary Protected Status) without the filing fee, Form I-765 (Application for Employment Authorization), two identification photographs (full face frontal, 2"x2") and a $70 biometrics services fee for each applicant age 14 and older to the local U.S. Citizenship and Immigration Services (USCIS) district office. Both the Form I-765 and I-821 must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an extension of employment authorization, there is no filing fee for the Form I-765. However, all applicants seeking an extension of employment authorization until September 17, 2005 must submit a $175 filing fee with Form I-765. Applicants may request a fee waiver in accordance with the regulations. All applicants age 14 and older are required to submit the $70 biometric service fee. Failure to submit the required photographs and filing fees will result in the rejection of the re-registration application.

USCIS has published a revised Form I-821, Application for Temporary Protected Status. This form is available on the USCIS web site at www.uscis.gov and will be made available at local USCIS offices. USCIS will continue to accept the former I-821 Form until September 30, 2004. Applications for TPS re-registration submitted after September 30, 2004 must be filed using the revised Form I-821.

More information can be obtained from the USCIS National Customer Service Center toll-free number: 1-800-375-5283 . TPS forms are available from the toll-free USCIS Forms line, 1-800-870-3676 , or from the USCIS Web site: www.uscis.gov.

-USCIS-

On March 1, 2003, U.S Citizenship and Immigration Services (USCIS) became one of three former Immigration and Naturalization Service (INS) components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security.