IMMIGRATION CHANGES SINCE 9/11
There have been some changes to the immigration regulations since 9/11, but most of the changes have been in terms of practice. In some cases, laws or regulations that were already “on the books” but were rarely enforced are now being enforced stringently. Some measures, like the National Entry/Exit Registration System (NSEERS) are new, and a direct result of 9/11 and efforts to improve visitor tracking and border security.
Following is a summary of the regulatory changes that have come about as a result of post-9/11 policies.
Students now must have confirmation of acceptance from a U.S. school before they enter the country. Students will no longer be allowed to apply to a school if they're already in the U.S., and instead must return to their home countries to do so, unless they enter as a B-2 visitor with a “Prospective Student” endorsement on their I-94 card. This notification system, SEVIS, has been mandatory since February of 2003 but grace periods have been implemented due to bugs in the system.
Immigration processes, as well as consular visa processes, now require that a security check be completed. When there is a “hit” on an alien’s name, the ensuing wait for a security clearance can take months.
Call-in Registration programs were initiated, affecting 25 countries, which required men aged 14 and up to register with the INS. Failure to register constituted a criminal offense. It was quickly demonstrated that persons who were not able to demonstrate a legal basis for their presence in the U.S. were likely to be detained and placed into deportation proceedings. Some aliens who were detained after complying with the registration requirement are still in detention, awaiting hearings.
Police in Florida were given the right to detain people for immigration violations. In the past, only federal agents could do so. Florida was set as the "test" state, with plans for other states to follow its lead. Recently, the FBI was granted authority to detain persons for suspected immigration violations.
Automatic revalidation for some third country nationals was canceled. For years, persons in legal visitor status to the U.S. could visit Canada, Mexico or approved adjacent islands for up to 30 days and then return to the U.S. using their existing I-94. Now, persons from Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba may not be automatically revalidated.
The INS has been dismantled, replaced by the Bureau of Citizenship and Immigration Services. This is part of a major restructuring that created the Department of Homeland Security, and which sought to consolidate responsibility for immigration and border security under the Department of Homeland Security.
Significant increase in personal interviews at consular posts.