A report on the “Special” Registration policy of INS.

Designed to register, fingerprint and track a large section of male foreign nationals from specific countries as part of the homeland security plan, a 'special' registration program has resulted in alarm and fear among these immigrant communities. The countries included in the first list were Afghanistan. Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Qatar, Somalia, Syria, Tunisia, United Arab Emirates and Yemen. Armenia was included initially but later dropped while Pakistan and Saudi Arabia were added. Males older than sixteen, who are citizens of these countries, were required to register with the Immigration and Naturalization Services prior to January 10, 2003 - a deadline that was later extended to February 7, 2003.

One of the biggest concerns was that Muslim males were being profiled and targeted. The fact that all the countries on that list (except N. Korea) were Islamic added to that impression. While the administration has denied an official policy of profiling Muslims, such programs have suggested otherwise.

Additionally, a large number of individuals who went in to register voluntarily were detained by INS. Over 500 Iranians have been arrested in Los Angeles alone, of whom only about fifty have had any charges registered against them.
Lawyers representing these communities claim that often arrests are made summarily, sometimes without the opportunity for legal representation provided to those being arrested. Stories of arbitrary arrests with little or no presentation of the reasons for arrest abound. Many attorneys have argued that most of those arrested have legitimate applications for residency that have been delayed by INS backlogs. In many cases, bails of those arrested have also been assessed arbitrarily. Besides, the process has varied significantly between INS offices on the east and west coast resulting in confusion regarding what papers are required and what can be expected at the INS offices.

A large number of immigrants affected have been Pakistanis. While official protests from the foreign minister of Pakistan or the Pakistani embassy have resulted in little change, Pakistani organizations offering legal assistance as well as other South Asian organizations have helped to convey the concerns of these immigrants to the administration. In San Francisco, members of the South Asian Network held talks with Acting Assistant Director of INS, Jane Arellana, pointing out the effect of such policies on the community and the problems faced by the community. For one, the laws were not clearly defined and section heads were allowed to run the process as they pleased. Second, the muslim community has felt criminalized and is apprehensive of going out in public spaces, the South Asian Network claimed.

While Jane Arellana has been responsive to these discussions, INS has claimed that while they expected the number of immigrants to be around 10,000, more than 15,000 people showed up to register pointing out how many have stayed on illegally or without the knowledge of the administration. It is important, the administration has claimed, that authorities know about foreigners staying within the USA. Others have argued that while many immigrants from these countries and their supporters have opposed this law in the US, the home countries have implemented similar laws, unopposed for many years. For example, a foreigner visiting Pakistan or some of the countries in the Middle East has to report to authorities on a regular basis.

While these points and counterpoints are being made, the fact remains that many individuals from this list of countries are being put through stress and humiliation. In fact, many of these individuals have actually come to the US to escape oppressive regimes in their countries of origin. Thus, while the current administration may reserve the right to make policies to protect citizens and US interests, it is also important that implementation of the policies are in a fashion that does not humiliate or other wise violate human decency and human rights. It is necessary that clear instructions be provided and expectations from the immigrants delineated. It is also important that INS offices be equipped with personnel and resources to handle the crowds of people in a timely and appropriate manner. Finally, it is necessary that protocols be put in place to implement these policies appropriately; that action is not based on whims of a certain officer or bureaucrat.

In the meanwhile, a second round of countries - Bangladesh, Egypt, Indonesia, Jordan, and Kuwait - have been added to that list. Male nationals from these countries are supposed to register with INS between February 24 and April 25, 2003. Free legal clinics have been organized in San Francisco and New York. There have been rumors that other nations, including India and Sri Lanka, will be added to this list - however, no confirmed reports are forthcoming.

Call 415.861.7444 or 212.966.5932 (ext 203, 213) for more information. www.bengali.net/pbn/projects/special_registration_bd also has important information for those who might be affected.