INS Notice of Imposition of Fines Under Section 231 of the INA
[Notices]
[Page 64284-64285]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no98-100]
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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.
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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]
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