[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Notices]
[Pages 64284-64285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30951]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1889-97]
Imposition of Fines Under Section 231 of the Immigration and
Nationality Act
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice serves to clarify the Immigration and
Naturalization Service (Service) policy involving the imposition of
fines under section 231 of the Immigration and Nationality Act (Act).
The Service will, in the future publicize criteria and implement
procedures that will impose fines for violations of section 231(a) and
(b), of the Act, in a more comprehensive manner. However, fines will
not be imposed until the Service has notified the carriers of
procedures and criteria that will be used in this process.
DATES: This notice is effective November 19, 1998.
FOR FURTHER INFORMATION CONTACT: Una Brien, National Fines Office,
Immigration and Naturalization Service, 1400 Wilson Blvd., Suite 210,
Washington, DC 22209, telephone (202) 305-7018.
SUPPLEMENTARY INFORMATION: This notice announces the Service's plans to
adopt new procedures to impose fine liability under section 231(a) and
(b) of the act. Specifically the Service intends to begin to fine
carriers for violations in accordance with procedures in section 231(a)
and expand fine liability under 231(b) of the Act in accordance with
procedures and criteria that are being developed. The Service will
inform carriers of the procedures and criteria under which such fines
may be levied via further publication in the Federal Register. These
fines will not be imposed until the Service has informed the interested
parties through publication in the Federal Register of the procedures
and criteria. When these procedures and criteria are published as a
notice of proposed rulemaking, carriers and others will have an
opportunity for comment.
The collection of arrival and departure information for airport and
seaport activity is addressed in section 231 of the Act and expanded
upon in 8 CFR part 231. This section delineates the transportation
company's responsibility to provide manifests for arriving and
departing passengers.
Presently, the Service only imposes fines for violations of section
231(b) of the act, with respect to the proper submission of departure
manifests, Form I-94T. The Service plans to expand the imposition of
section 231(a) and (b) fines for failure to present properly completed
arrival and departure manifests, as required on Form I-94, Arrival-
Departure Record; Form I-94T, Arrival-Departure Record (Transit Without
Visa); and Form I-94W, Visa Waiver Nonimmigrant Arrival/Departure
Document.
Section 110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3009
(Sept. 30, 1996) requires the Service to develop an automated entry and
exit control system that will collect a record of departure for every
alien departing the United States and match these records of departure
with the record of the alien's arrival in the United States. This will
enable the Attorney General to identify, through on-line searching
procedures, lawfully admitted nonimmigrants who remain in the United
States beyond the authorized period of stay. Forms I-94 are used to
record the arrival and departure of nonimmigrant aliens into and from
the United States. Imposing fines under section 231 of the Act will
encourage air and sea carriers to comply with regulations concerning
the proper submission of Form I-94, I-94T, and I-94W.
[[Page 64285]]
The Service has defined the Form I-94 as the document which meets
the manifest requirements. 8 CFR 231.1(a) The Form I-94 information is
maintained in the Nonimmigrant Information System (NIIS). The
reliability and timeliness of the information contained within NIIS has
been a matter of concern and has been questioned by the General
Accounting Office, the Department of Justice, Office of the Inspector
General (OIG), and internally by the Service. At present, the Service
is reviewing NIIS to identify problems and develop solutions for its
deficiencies. In a recent OIG inspection report on overstays (Report
Number I-97-08) the OIG stated that the Service needs to improve its
departure data, particularly the collection of departure Forms I-94.
``Given the long-standing failure to receive all departure records, INS
should take immediate action to improve collection of these forms. * *
*''
Implementing a more comprehensive program to impose section 231
fines will be part of a multi-pronged approach (which includes training
carriers and Service personnel on proper I-94 processing procedures and
monitoring compliance) to improve data collection as required by
Congress and the OIG.
Dated: November 10, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-30951 Filed 11-18-98; 8:45 am]
BILLING CODE 4410-10-M
