On December 22, 2016, the Department of Homeland Security (DHS) published an advance copy of a final rule, scheduled to be published on December 23, 2016, that removed existing regulations relating to the National Security Entry-Exit Systems (NSEERS). Between 2002 and 2003, DHS implemented and amended the NSEERS program to designate male nationals of 25 primarily Middle Eastern or Muslim-majority countries as subject to “special registration” procedures. In 2011, DHS removed all countries from the NSEERS list but left the regulatory framework intact. This would have allowed for reinitiation of the NSEERS registration program without new public notice and comment.
The final rule describes NSEERS as “redundant” and “obsolete,” noting that many of the original procedures under NSEERS have since been adopted and modernized by newer programs and functions under the Department of Homeland Security. These include biometrics capture processes for fingerprinting and photo identification (eg, US-VISIT), as well as arrival, departure, and visa information collection that is now automated. In addition, DHS identified numerous agency databases that have since been implemented or significantly upgraded, including SEVIS, ESTA, and EVUS, which enable a targeted, intelligence-driven border security model.
As the existing NSEERS rule is being rescinded, any new “Muslim registry” program will be subject to public notice and comment.
