Imposition of Fines Under Section 231 of the Immigration and Nationality Act

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]

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