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---------- Forwarded message ----------
Date: Tue, 9 Apr 2002 07:27:17 -0700 (PDT)
From: Ali Simplido <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
To: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: [bincang] INS Tightens Rules for Visitors and Students


Note: forwarded message attached.


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You have been sent this message from a washingtonpost.com user as a courtesy of the 
Washington Post (http://www.washingtonpost.com).

To view the entire article, go to 
http://www.washingtonpost.com/wp-dyn/articles/A16745-2002Apr8.html

INS Tightens Rules for Visitors

By Cheryl W. Thompson




The Immigration and Naturalization Service yesterday announced far-reaching changes to 
rules that govern foreign visitors and students, including one proposal that could 
limit millions of foreign visitors to 30-day stays in the United States.

Another new regulation, which takes effect immediately, requires foreign nationals who 
want to study here to obtain student visas before beginning classes, officials said. 
Currently, foreign students can enroll in U.S. schools while holding tourist or 
business visas if they have applied for a change to student status.

Taken together, the changes are some of the broadest reforms proposed by the embattled 
INS since the Sept. 11 terrorist attacks exposed the shortcomings of the system that 
tracks foreign visitors as they enter and remain in the country.

The agency, long chastised as one of the most dysfunctional in the federal government, 
is the subject of proposals that would break it into smaller components or abolish it 
altogether. It drew the ire of President Bush, Attorney General John D. Ashcroft and 
lawmakers last month when it mailed out approval notices for changes in the visa 
status of two of the dead terrorists six months after the attacks.

"These new rules strike the appropriate balance between INS's mission to ensure that 
our nation's immigration laws are followed . . . and our desire to welcome legitimate 
visitors to the United States," INS Commissioner James W. Ziglar said. "While we 
recognize that the overwhelming majority of people who come to the United States as 
visitors are honest and law-abiding, the events of September 11 remind us that there 
will always be those who seek to cause us harm."

The most far-reaching change, which will take effect after a 30-day comment period, 
will eliminate the current six-month minimum admission period for foreigners who come 
to the United States as tourists and replace it with "a period of time that is fair 
and reasonable for the completion of the purpose of the visit," the agency said.

Tourist and business visitors will be required to explain to immigration inspectors 
why they are coming to the United States so the INS can determine an appropriate 
length of stay. If the INS cannot determine the time needed to accomplish the purposes 
of the visit, it will grant a 30-day admission.

The proposed rule also will reduce from one year to six months the maximum extension 
period granted to business and tourist visitors. Exceptions will be made in some 
cases, such as retirees who own vacation homes and may want to stay longer than six 
months.

"The . . . changes are part of a strategy to improve national security and reduce the 
probability that an [illegal immigrant] will establish permanent ties in the United 
States and remain in the country illegally," according to the INS.

Theresa Brown, manager of labor and immigration policy for the U.S. Chamber of 
Commerce, said she is concerned that the pending changes will deter legitimate 
businesspeople and tourists from coming to this country.

"Any type of additional hurdle . . . and people just aren't going to come," Brown 
said. "It probably will have a significant impact on the tourism and travel folks."

Ten million people received tourist visas in 2000, according to an INS official. 
Seventy-five percent stayed less than a month. As for business trips, 2.5 million 
people traveled to the United States on business visas and stayed an average of 13 
days, the official said.

All 19 of the hijackers who participated in the Sept. 11 attacks were in the United 
States legally, mostly on tourist visas. But at least two had overstayed the limits of 
those visas.

In issuing the new regulations, the INS promised to process requests for changes 
regarding student status within 30 days. Victor Johnson, associate executive director 
for public policy of the Association for International Educators, said the plan would 
succeed "if they follow through on their commitment in 30 days. But the INS doesn't do 
anything in 30 days."

The decision to make it difficult to switch to a student visa after arriving on a 
visitor visa comes only weeks after the INS was blasted for sending out final status 
change notifications for terrorists Mohamed Atta and Marwan Al-Shehhi. The documents 
were received on March 11 by the Florida flight school that trained the pair, who are 
believed to have piloted separate jetliners into the World Trade Center.

The debacle created a furor on Capitol Hill and prompted Bush to order an 
investigation. Ashcroft requested an investigation by the Justice Department's 
inspector general.

Another rule change will require a foreign visitor with a final order of deportation 
to surrender to the INS within 30 days. Those who ignore the 30-day rule will be 
barred from obtaining future immigration benefits, such as asylum or permanent 
resident status.

Eighty-nine percent of non-detained immigrants with final orders of removal have 
failed to surrender for deportation when ordered to do so, the INS said.

None of the proposed changes requires congressional approval. The change prohibiting 
students from starting school without INS approval will take effect immediately. The 
others will become effective after a 30-day public comment period.

Angela Kelley, deputy director of the National Immigration Forum, an immigrant rights 
group, called the proposals a "mixed bag."

"Some of these are common-sense measures, but others can have farther-reaching 
consequences," Kelley said.

Ziglar is scheduled to testify today before the House Judiciary Committee on various 
immigration issues, including why more than 300,000 illegal immigrants ordered 
deported remain in the United States.






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