October 4, 2002	Friday	Rajab 26, 1423

WASHINGTON: Human rights advocates launched a campaign on Wednesday to urge visitors and foreign workers in the United States to keep authorities informed of their addresses.

As of Oct 1, the Immigration and Naturalization Service began enforcing a 50-year-old law that requires all non-citizens to report any change of address within 10 days.

“Failure to comply with the law is a misdemeanour, punishable by a $200 fine, and/or up to 30 days in prison and can constitute a violation of one’s immigration status making one subject to deportation,” says a message distributed by the National Council of Pakistani Americans.

So far Pakistanis top the list of immigrants arrested and deported after the Sept 11 terrorist attacks. Pakistani rights groups say that many of them were “victims of ignorance,” who violated the laws because they were not aware of them.

Several Arab and Indian groups also have sent similar messages to the people from their parts of the world, reminding them of the changes in immigration laws and practices.

The new restrictions apply to all legal permanent residents including green card holders, people on political asylum and refugees.

Non-citizens with valid non-immigration visas, such as students, visitors and alien workers also have to keep INS informed of their whereabouts.

On Oct 20 last year, soon after the Sept 11 terrorist attacks, the US Congress passed a bill titled the Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known by its acronym, the USA Patriot Act of 2001.

The act mandated the US Justice Department to develop an entry-exit system to control immigration. The new system was first implemented as a trial from Sept 11 to Sept 30, 2002 and has become operative from Oct 1.

Besides making new laws, US authorities also decided to increase vigilant enforcement of visa laws and arrest and deport visa overstays as well as deportation absconders.

They asked the INS to delay processing of work permits of aliens and introduced a new and stringent procedure for student visa. Students will also be observed after their entry into the United States to ensure that they follow immigration laws and do not work without authorization.

Most of these restrictions were already in place since World War II, but were not always implemented.

Most controversial of these restrictions is the decision to fingerprint and photograph citizens of certain countries. Initially, it were people from the so-called rogue states — Iran, Iraq, Libya, Sudan and Syria — who were to be fingerprinted and photographed.

But late last month, the Justice Department sent a secret memo to INS officials informing them that Pakistan, Saudi Arabia and Yemen have also been added to this list.

This restriction has been criticized by human rights groups as one of the worst examples of racial profiling as it signals out Muslims, even those from the countries allied to the United States.

The fingerprints of these people are matched against a database of known criminals and terrorists. According to the Attorney General’s office during a pilot project earlier this year, fingerprinting led to an average of more than 70 hits a week, resulting in the arrest of 2,000 wanted felons from January through July 2002.

INS officials say that fingerprinting would also help them identify those illegal immigrants who obtain US nationality or green cards by changing their identities.

This may further increase the chances of arrests of many intending Pakistani visitors, particularly those already deported. A substantial number of such deportees try to re-enter the United States after obtaining new passports under new names.

Already, many Pakistanis have been deported from entry airports when their previous instances of visa overstay were discovered during initial finger-printing.

INS inspector at the point of entry, he added, has immense discretionary powers, and is not even accountable to an INS district director. An INS officer can be challenged in a court, but in most cases judges also uphold his or her decision.

Under the new restrictions, a visitor who remains in the United States for more than 30 days must report to an INS office between 30 and 40 days.

If a visitor remains in the United States for one year or longer, he must report 10 days before or after the anniversary of his entry into the United States.

During the stay, if the visitor changes his address, employer or school after 30 or more days, he must notify the INS in writing within 10 days of the change.

A tourist would be asked for evidence substantiating his declared purpose of visit; hotel receipts, ticket stubs, or in case one has been staying with relatives, documents such as postmarked envelops showing their addresses.

A visitor who is an employee would have to show payroll stubs, employment contracts.

A student would have to bring his class schedule, official notification of the grades and the student identification.

The INS officer could ask other relevant questions, and he could also ask the visitor to come with additional evidence after a period of seven days.

Such individuals would have to appear in person before an INS inspecting officer at a designated port of departure and leave from that port the same day.

Any designated person who fails to comply with these restrictions would be deemed to be out of status and subject to arrest, detention, fines and removal from the United States.