Notice of Requirement of Carriers To Present for Inspection In- Transit Passengers

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1841-97]

Notice of Requirement of Carriers To Present for Inspection In-

Transit Passengers

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice informs carriers that effective April 1, 1997,

carriers are required to present for inspection, in accordance with the

special procedures outlined in the notice, all international-to-

international (ITI) passengers, formerly known as in-transit lounge

(ITL) passengers, transiting through the United States from one foreign

country to another foreign country with one stop in the United States.

This change is necessary to comply with the Illegal Immigration Reform

and Immigrant Responsibility Act of 1996 (the Act of 1996) which

amended section 235 of the Immigration and Nationality Act (the Act) to

statutorily require the Service to inspect aliens transiting through

the United States. It is anticipated that further modifications to the

ITI program and procedures to conform to the change in law will be

accomplished through promulgation of rules in accordance with the

notice and comment provisions of the Administrative Procedures Act.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert F. Hutnick, Assistant Chief Inspector, Immigration and

Naturalization Service, 425 I Street, NW., Room 4064, Washington, DC

20536, telephone number (202) 616-7499.

SUPPLEMENTARY INFORMATION: Prior to the enactment of the Act of 1996,

the Service employed its discretionary authority under section 235 of

the Act to exempt ITI passengers from inspection under certain

circumstances. However, section 235(a)(3) of the Act, as amended by the

Act of 1996 and effective April 1, 1997, now provides:

(3) INSPECTION.--All aliens (including alien crewmen) who are

applicants for admission or otherwise seeking admission or readmission

to or transit through the United States shall be inspected by

immigration officers [emphasis added].

To give effect to the legal mandate to inspect ITI passengers, on

March 26, 1997, the Service issued the following instructions to the

appropriate field offices which take effect on April, 1, 1997:

``New Procedures:

(1) International-to-international passengers shall be inspected

but not admitted to the United States. This inspection should be

conducted at the ITL. If this is not feasible, the port director or

district office manager shall contact the appropriate deputy assistant

regional director for inspections to provide justification for not

using the ITL and to make alternative arrangements in keeping with the

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overall goal of facilitation or the ITI operations.

(2) The transit passenger inspection (TPI) shall consist of a

visual examination of ITI passengers during the transfer process at the

Port-of-Entry. Questioning of ITI passengers and examination of travel

documents shall be done selectively and on a random basis but should

not interfere with the overall facilitation of the ITI operation.

(3) The Ports-of-Entry shall dedicate sufficient resources at the

ITI inspection locations to maximize facilitation and law enforcement

while ensuring inspector safety and security without adversely

affecting the inspection of passengers seeking admission to the United

States.

(4) Pending further notice, carriers are not required to present

for inspection ITI passengers and crewmen who remain on board aircraft.

Carrier Responsibilities

(1) Carriers signatory to Immediate and Continuous Transit

Agreements (with provisions for control of uninspected passengers and

In-Transit Lounge Use), also known as ITL agreements, will be allowed

continued transit privileges of ITI passengers until further notice.

Implementation

(1) The inspection of ITI passengers will take effect on April 1,

1997. The TPI procedures enumerated are issued for an initial

transition period. Further instructions will be issued as procedures

are developed.

(2) Ports-of-Entry shall endeavor to maintain a flexible approach

to the inspection of ITI passengers during this transition period to

maximize facilitation while not subverting the inspection requirements

mandated.

(3) Ports-of-Entry shall report to the Office of Programs, through

channels, any significant implementation problems, including adverse

effects on the 45 minute inspection requirement and/or on resources,

with any of the above inspection requirements.

(4) Ports-of-Entry are reminded of the critical need to obtain and

record accurate ITI passenger counts. Carrier representatives should be

questioned regarding ITI passengers counts upon presentation of the

Aircraft/Vessel Report, Form I-92. For the interim, this refers to

passenger counts only and not to biographical data. The figures

reported on the G-22.1 are for planning purposes and for use in

discussions with the carriers.''

Carriers interested in utilizing in-transit lounge facilities at

individual Ports-of-Entry for the temporary holding of inspected in-

transit passengers who are departing the United States for a foreign

country on a direct flight without stopover in the United States should

contact local Service Port Directors for information concerning new ITI

agreements. Though they will be negotiated at the port level, these

agreements will be approved by the Assistant Commissioner for

Inspections. Until further notice, however, the present Immediate and

Continuous Transit Agreements (with provision for control of

uninspected passengers and In-Transit Lounge Use) will remain in

effect. However, the Service has notified carriers signatory to ITL

Agreements that beginning April 1, 1997, the Service will invoke its

contractual right under these agreements to require signatory carriers

to present all in-transit passengers for inspection in accordance with

the procedures outlined in this notice. Any rights or liabilities

already accrued under the present agreement(s) are not terminated by

operation of this notice.

It is anticipated that further modifications to the ITI program and

procedures to conform to the change in law will be accomplished through

promulgation of rules in accordance with the notice and comment

provisions of the Administrative Procedures Act.

Dated: March 31, 1997.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 97-9815 Filed 4-15-97; 8:45 am]

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