“The United States has a proud tradition of welcoming immigrants and visitors. This tradition is renewed

and enriched by each and every law-abiding immigrant and visitor. This same tradition is reflected in the

United States government’s duty to serve and protect its citizens, residents and foreign visitors.”

NSEERS was first implemented in 2002 as a temporary measure in the aftermath of the September 11, 2001 terrorist attacks and was designed to record the arrival, stay, and departure of certain individuals from countries chosen based on an analysis of possible national security threats.

The Department of Justice created NSEERS pursuant to sections 262(a) and 263(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1302(a) and 1303(a), to provide the Federal government with records of the arrival and departure of nonimmigrant aliens from specific countries designated by the Attorney General. The countries chosen were, Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Most of the countries listed have predominantly Muslim populations.

“You may be temporarily separated from your family for the length of time required to carry out the

described special registration procedural steps. Depending on individual circumstances, some or all of

your family members may also be required to follow the special registration procedures, in which case

they too will be fingerprinted and photographed.”

The NSEERS regulations require nonimmigrant aliens who are nationals or citizens of the countries designated, to comply with special registration requirements. NSEERS required all males on temporary nonimmigrant visas who were 16 years old or older from 25 countries to register at local immigration offices, be fingerprinted, photographed, and subjected to lengthy interrogations at the time the nonimmigrant applies for admission at a U.S. port of entry. 8 CFR 264.1(f)(3).

Nonimmigrants subject to NSEERS requirements also may be required to appear at a U.S. Immigration and Customs Enforcement office in person to verify information by providing additional information or to provide documentation confirming compliance with the conditions of their status and admission. Finally, such nonimmigrants are required to depart through specified ports to record their departures from the United States. 8 CFR 264.1(f)(8)(i).

There were severe penalties for failing to comply, and then-Attorney General Ashcroft made the arrest and deportation of violators and visa overstays a priority. Many of those who came forward and attempted to comply with NSEERS ended up deported or unable to secure an immigration benefit, and those who failed to comply—even if they were unaware of the requirements—also faced severe consequences. There is no evidence that a single terrorist was identified through NSEERS. The DHS Office of the Inspector General (OIG) concluded that the NSEERS database was unreliable and that the program was an inefficient use of government resources which prevented DHS agents from doing more effective counterterrorism activities. The OIG recommended full termination of NSEERS.

Although lawsuits were brought challenging the constitutionality of NSEERS, federal district courts around the country generally ruled in favor of the program. In 2008, the 2nd U.S. Circuit Court of Appeals ruled that DOJ had the authority to implement the program, and that its implementation was not unconstitutional. That decision was not appealed to the U.S. Supreme Court.

Critics alleged that the remaining portions of the program were unnecessary because they duplicated other, newer DHS programs that collected biometric information and digital photographs from all temporary visitors (such as the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program, and the Student and Exchange Visitor (SEVIS) program).

In April 2011, DHS announced the removal of the list of countries whose nationals have been subject to registration under the National Security Entry-Exit Registration System (NSEERS)—effectively ending the NSEERS registration process through the publication of a notice in the Federal Register.

NSEERS still exists and the regulations that created the program are still intact. While no one is currently required to comply, it is possible that the program could be resurrected at any point. It’s important that NSEERS not be resurrected at any point and that DHS be transparent about the impact the program has had. DHS should also exercise prosecutorial discretion in cases where individuals face immigration consequences only because of an NSEERS violation. Most importantly, it must be acknowledged that racial profiling and targeting of specific groups based on religion or appearance is not an effective counterterrorism tactic.