WASHINGTON - The Justice Department
announced Monday that it intends to use criminal penalties against
immigrants and foreign visitors who fail to notify the government of
a change of address within 10 days.
Attorney General John Ashcroft said the move would help secure
U.S. borders by making it easier to track noncitizens. The 10-day
notice requirement has long been on the books but is widely ignored
and rarely enforced.
``By clarifying the existing requirement that noncitizens report
their address to the Immigration and Naturalization Service, we are
able to increase our ability to locate quickly an alien if removal
proceedings must be initiated,'' said Ashcroft.
The INS plans to enforce the regulation after a 60-day comment
period. The action affects all legal permanent residents,
(immigrants who are not citizens) -- at least 11 million people,
according to an INS spokeswoman -- and visitors and students who
stay in the United States more than 30 days.
It's unclear how many of them are untraceable now, but the INS
clearly perceives a problem. ``The INS does not have current address
information for many noncitizens who have entered the United States,
whether as temporary visitors, applicants for asylum or for other
purposes,'' said a Justice Department statement.
Immigration advocates denounced the plan as heavy-handed and
unworkable, saying the INS will not be able to handle the
paperwork.
``It's sheer fantasy to think the INS can handle the avalanche of
information under this mandate,'' said Angela Kelley, deputy
director of the Washington-based National Immigration Forum. ``This
initiative is going to leave a pervasive feeling in immigrant
communities that they're all under suspicion.''
Bush administration officials said the initiative was intended to
make it easier to track down visitors and other immigrants who enter
the nation legally but later arouse suspicion.
It was unclear whether the measure would have allowed for better
tracking of the terrorists in the Sept. 11 attacks. They moved
frequently without reporting it and many had overstayed their visas.
On the other hand, two who were on the CIA's ``watch list'' of
suspected terrorists would have been easy to find. They listed their
addresses and phone numbers in the San Diego phone book.
Because the regulation will affect all immigrants who are not
citizens, some advocacy groups worried that the INS might use it to
deport law-abiding immigrants merely suspected of terrorist
connections.
``The people who are going to be caught up in (the regulation)
are people who haven't done anything wrong,'' said Cecilia Muqoz, a
spokeswoman for the National Council of La Raza, a Hispanic advocacy
group in Washington.
Judy Golub, a lawyer with the American Immigration Lawyers
Association, said the regulation would lead to more litigation, with
immigrants and the INS blaming each other for losing paperwork.
Golub is advising all immigrants to send change-of-address
notices by certified mail.
Ibrahim Hooper, a spokesman for the Council on American-Islamic
Relations, said he hoped the proposed rule wouldn't target Muslims
unfairly.
``If laws are enforced across the board and without any bias, we
have no problem,'' Hooper said.
Kelley of the Immigration Forum said immigrants would fear harsh
enforcement for a minor offense.
``You could find yourself seeing jail time or proceeding toward
deportation for the equivalent of not turning in a library book on
time,'' she said.
The Atlanta Journal-Constitution reported on July 10 that the INS
is seeking to deport Thar Abdeljaber, a 30-year-old Palestinian who
is a legal immigrant, for his admitted failure to provide the INS
with his new address after he left South Florida in 1999.
Abdeljaber was stopped in March in Raleigh, N.C., for driving
four miles over the speed limit. Police officers found several
thousand dollars and a map of North Carolina with red circles drawn
around some cities.
Abdeljaber told them he drew circles around places with flea
markets and ``swap meets and Mexican stores,'' an INS report says.
Relatives said Abdeljaber traveled to those cities to resell
electronic equipment he bought through the mail.
He is not charged with any other crime.