Dear Advocates:
Below we have reproduced a memorandum written by the Illinois Coalition for Immigrant and Refugee Rights regarding the Immigration and Naturalization Service’s announcement earlier this week indicating that they would begin enforcing the requirement that all non-citizens provide the INS with a change of address within ten days of moving. The ILRC will be posting the regulations when they are published as well as sample model comments.
7/25/02
ILLINOIS COALITION FOR IMMIGRANT AND REFUGEE RIGHTS
36 S. Wabash, suite 1425 · Chicago, IL 60603 · 312.332.7360 voice · 312.332.7044 fax · www.icirr.org
INS to Begin Enforcement of Old Alien Registration Law
(This alert amends the July 24 version to include new information.)
On July 18, 2002, the US Department of Justice (DOJ) issued a press release stating that it would start enforcing a 50 year old law, INA § 265(a), that requires all aliens to register changes of address with the INS within 10 days of moving. A possible consequence of willful failure to register under this law is deportation (INA § 237(a)(3)(A)).
According to the press release (not currently available on the DOJ web site), the DOJ intends to publish proposed regulations amending criteria for registration. DOJ is using this law to better track the location of non-citizens, and to initiate and complete deportation of immigration violators. While these new regulations have not been published, INS has recently used the old law to initiate removal proceedings against a lawful permanent resident stopped for going 4mph over the speed limit in Georgia.
What should I tell my clients?
Lawful permanent residents, refugees and asylees in lawful status should face no negative consequences by filing the form. Asylum applicants and adjustment applicants in lawful status awaiting a decision from INS also should not face negative consequences. These groups should not wait for the new regulations to be issued. If they have changed address since becoming lawful permanent residents, arriving as refugees, being granted asylum or filing their applications for asylum or adjustment, they should complete and return the form AR-11 and comply with the law as it currently exists.
Non-citizens who are out of lawful status should seek legal advice before filing the form. People who should obtain counseling include non-immigrants who overstayed or violated the conditions of their visas; undocumented immigrants who entered without inspection; lawful permanent residents who have abandoned their residence through a lengthy absence; applicants for asylum or adjustment who have abandoned their applications and others. These people may risk being picked up by INS as a result of filing a change of address form. People who are not sure whether they should comply should contact an immigration service provider.
To get a copy of the form -
* Order over the phone from the INS forms line: (800) 870-3676. Press 1 for English, press 2 for Spanish
* Download it off the INS web site at http://www.ins.gov/graphics/formsfee/forms/ar-11.htm. Visitors will need Adobe Acrobat Reader, which is available for free from www.adobe.com (which is linked from the INS web site). They can print and use this version.
Before mailing the form -
Make sure that clients make photocopies of their completed AR-11 forms AND send them in by certified mail and keep the certified mail stub and return receipt together with the photocopy as proof of compliance.
Clients can hear a quick message in English and Spanish explaining this requirement, how to comply and where to get the form by calling (312) 332-7360 x36.
Please note again that INS will issue proposed regulations in the near future regarding changes to the registration system. ICIRR intends to file comments on the proposed regulations once they are published and we will announce the deadline for comments.
For more information, call (312) 332-7360 or visit our web site at www.icirr.org.