Students Face Immigration Trials

Author: Namik Kirlik

Many things changed for international students after the Sept. 11 terrorist attacks in terms of our status and the process of obtaining valid documents to study in the United States. First, the U.S. Patriot Act, which was implemented as a response to the terrorist attacks in 2001, resulted in putting males over the age of 16 from predominantly Muslim countries in an extremely difficult position while they went through the process of obtaining their visas. Extensive background checks were done and these often took up to a month, which forced many to defer studying in the United States for a semester and sometimes even a full year.
Recently, Immigration and Naturalization Services (INS) has implemented two new systems aimed at gaining correct information on international students in a more thorough and accurate way. While one system seems to be actually helpful to the international students, the other has attracted many negative opinions and reviews. The mission of the National Security Entry-Exit Registration System (NSEERS), also known as Special Registration is "ensuring our nation's security by protecting the rights of individuals coming to this country as well as the safety of the American people." The system allows the government to track all non-immigrants upon their entry into the United States.
According to the INS, the registration requires them to be fingerprinted, photographed and subjected to an interview with an INS official.
They must supply personal information such as residential and business addresses and must notify INS within 10 days of any changes in employment, educational institution or residence.
Once registered, those wishing to leave the country must report to a specified port of disembarkation and be interviewed by an INS official.
They must leave the country through that port on the very same day.
Those who have registered are also required to report back to the INS office 10 days from the one-year anniversary of their initial registration date. Failure to comply with any of these registration procedures can result in arrest, detention, fines and even deportation.
The program is most probably going to become effective for all non-immigrants by January 2005, but for now the Special Registration applies to males over the age of 16 from the following countries: Bangladesh, Egypt, Indonesia, Jordan, Kuwait, Pakistan, Saudi Arabia, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen, Iran, Iraq, Libya, Sudan and Syria.
While every student coming to this country for education wishes to be safe and protected, many are arguing that the Special Registration is violating basic human and civil rights, as well as U.S. laws.
It is argued that the program is targeting people of specific race and religion.
One point of interest is that all the countries mentioned above, excluding North Korea and Eritrea, are predominantly Muslim.
Others argue that the program will not capture terrorists because "not a single terrorist will come and register."
If the program continues to target only non-immigrants it will be as equally ineffective as any other. Some of the Sept. 11 hijackers were permanent residents or citizens of the United States and only two were on student visas.
Furthermore, some feel that this only adds fuel to the fire as it is targeting males from specific countries by labeling them as suspicious and as possible terrorists, which may result in the creation of prejudices and assumptions towards these individuals.
Most of all, it is extremely ironic for so many of those international students coming to the United States seeking freedom and democracy to be exposed to such discrimination.
Some international educators argue that by implementing this system, the U.S. government is diminishing the importance of international education and is failing to give a fair chance to international students who are interested in learning about U.S. culture.
Lack of knowledge and understanding of other cultures may very well be what leads to terrorism and wars.
However, there is some hope within the second system for international students called Student and Exchange Visitor Information System (SEVIS).
This system is Internet based and will provide the government with correct and up-to-date information on international students' whereabouts and other background information.
Each school has to put the information about their international students in the system by Aug. 1 and then they will be issued new I-20 forms and other necessary documents.
One of the major benefits of the program is that those applying for visas will wait a shorter time because they will already be in the system as possible applicants upon their acceptance in a US educational institution.
Also, entered information will be consistent, up-to-date and accurate. The majority of those who have all their documents in order will thus not suffer because of those who do not.
International students at Middlebury College need not panic about the new regulations. Kathy Foley-Giorgio, the associate dean of student affairs and the international adviser, has been working with students for whom the Special Registration was required and is making sure that they go through the process as smoothly as possible.
Throughout the spring semester, Foley-Giorgio will be holding information sessions by class year for international students so their transition to the new SEVIS program and the re-issuing of their documents is completed correctly and problems are avoided.
As international students, if we wish to stay in the United States and study we must comply with the rules and regulations in order to preserve our status. However, I hope that the INS, with its mission, can balance ensuring security and protecting international students while also avoiding the possible violations of human and civil rights, as well as discrimination. We appreciate that our security is of importance as well, but it could be done so perhaps in a more considerate way.

Namik Kirlic is President of the International Students Organization.