Immigration Laws and Policies Since the (1980s) - Other Post-9/11 Changes

Since September 11, 2001, hundreds of policy changes have been inaugurated by the Department of Justice, the INS, and its successor the USCIS.

In November 2001 the U.S. Department of State issued directives mandating background checks on all male visa applicants between the ages of sixteen and forty-five from twenty-six mostly Muslim countries. The Enhanced Border Security and Visa Entry Reform Act of 2002 (PL 107-173) prohibited the issuing of a nonimmigrant visa to nationals of seven countries (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) unless it was determined after a lengthy background check that the individuals were not security threats. The list of prohibited countries could change as directed by the attorney general.

Foreign Students Face Increased Visa Restrictions

The IIRIRA had mandated the creation of a database that stored information about international students, but the system had not yet been launched when the September 11 attacks occurred. In March 2002 the INS acknowledged that student visas had been issued to two of the perpetrators of the September 11 attacks, six months after the men died carrying them out. In May 2002 the INS launched the Student and Exchange Visitor Information System (SEVIS) to track foreigners who enter the country on student visas. New rules required that foreign students present a confirmation of acceptance from an American school before they would be allowed to enter the country, and that colleges report enrollment information and date of students' arrival or their failure to arrive.

Reporting Change of Address

The INS took steps to enforce the longstanding but essentially ignored requirement that all noncitizens in the country for more than thirty days must report any change of address within ten days of moving. Failure to report could be grounds for fines, penalties, or deportation.

Police Enforcement of Immigration Laws

The Justice Department ruled that effective August 2002 local police could detain individuals for immigration violations, a right formerly reserved for federal agents. The measure was part of IIRIRA but had not previously been finalized. Florida became the test state, initiating a Memorandum of Understanding with the Justice Department, which authorized specially training local police officers to assist federal agents in locating and detaining wanted aliens.

Indefinite Detention of Illegal Aliens

On April 17, 2003, Attorney General John Ashcroft issued a decision that illegal aliens could be detained indefinitely, whether they were known to have ties to terrorist groups or not (23 I&N Dec. 572 [AG 2003] Interim Decision #3488). The ruling involved the case of a Haitian immigrant who had won the right to be released on bail while he awaited a decision on his plea for asylum.