USCIS Advises on Failure to Register for NSEERS

On April 28, 2011, through a notice published in the Federal Register, the Department of Homeland Security (DHS) removed the list of countries whose nationals have been subject to NSEERS registration and reporting requirements. The notice also announced that DHS would no longer register aliens under the NSEERS program. It did not give guidance on how DHS Components should treat aliens' past failure to comply with special registration and reporting provisions. This memorandum (copy attached docs/nseers.pdf) provides this guidance and also clarifies that, as of April 28, 2011 -DHS has suspended all special registration and reporting requirements associated with the NSEERS program. This suspension applies to all aliens previously subject to NSEERS requirements, whether or not the alien was a national of one of the previously designated countries and regardless of the underlying basis for the alien's inclusion in the NSEERS program.  Unless failure to register for NSEERS was willful, there will not be any adverse consequences for failure to register. This suspension applies to all aliens previously subject to NSEERS requirements, whether or not the alien was a national of one of the previously designated countries and regardless of the underlying basis for the aliens inclusion in the NSEERS program.