IndiaPost.com - September 2008 immigration update

(Continued from last week's article)

Electronic VWP Application System Now Available

The Electronic System for Travel Authorization (ESTA) is now accessible online for citizens and eligible nationals of Visa Waiver Program (VWP) countries to apply for advance authorization to travel to the United States under the VWP. Effective January 12, 2009, all VWP travelers will be required to obtain an electronic travel authorization before boarding a carrier to travel by air or sea to the US under the VWP.

To use the system, log onto the ESTA Web site at https://esta.cbp.dhs.gov and complete an online application in English. Travelers are encouraged to apply early. The Web-based system will prompt you to answer basic biographical and eligibility questions typically requested on a paper I-94W form. Basic information on ESTA is available in Dutch, English, French, German, Italian, Japanese, Portuguese, Spanish, and Swedish. Applications may be submitted at any time before traveling.

The Department of Homeland Security recommends, however, that applications be submitted at least 72 hours before traveling. In most cases, the DHS promises, you will receive one of the following responses "within seconds":

1. Authorization Approved:

Travel is authorized.

2. Travel Not Authorized:

The traveler must obtain a nonimmigrant visa at a US Embassy or Consulate before traveling to the US

3. Authorization Pending:

The traveler will need to check the ESTA Web site for updates within 72 hours to receive a final response. An approved travel authorization via ESTA is:

• Required for all VWP travelers before boarding a carrier to travel by air or sea to the US under the VWP beginning January 12, 2009;

• Valid, unless revoked, for up to two years or until the traveler's passport expires, whichever comes first;

• Valid for multiple entries into the US as future trips are planned, or if an applicant's destination addresses or itineraries change after authorization has been obtained, the applicant may update that information through the ESTA Web site; and

• Not a guarantee of admissibility to the US at a port of entry. ESTA approval only authorizes a traveler to board a carrier for travel to the US under the VWP. Additional information is available in "For International Visitors" at http://www.CBP.gov/travel.

The ESTA Web site is at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/esta_intro/. Additional information is available in "For International Visitors" at http://www.CBP.gov/travel. The ESTA Web site is at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/esta_intro/. Global Entry Program Expands The US Department of Homeland Security recently announced the expansion of the "Global Entry" pilot program to four additional airports:

Los Angeles International, Hartsfield-Jackson Atlanta International, Chicago O'Hare International, and Miami International. Upon arrival at the airport, Global Entry-approved participants bypass the regular passport control line and proceed directly to the Global Entry kiosk. At the kiosk, Global Entry travelers activate the system by inserting their passports or US permanent resident cards into a document reader.

The kiosk directs travelers to provide digital fingerprints and compares them with the fingerprints on file. The new Global Entry sites are expected to be operational in the fall of 2008, and will be equipped with kiosks for expedited processing. As part of the program's expansion, US Customs and Border Protection (CBP) will install Global Entry kiosks at additional international terminals at John F. Kennedy International Airport (JFK).

The Global Entry pilot program began June 10 at JFK, George Bush Intercontinental Airport, and Washington Dulles International Airport. Approximately 1,100 members have already enrolled and about 370 Global Entry members have used kiosks at the existing pilot locations.

Global Entry travelers are photographed and prompted to answer declaration questions on the kiosk's touch-screen. A transaction receipt is issued upon completion, which must be presented to CBP officers before leaving the inspection area.

The dates of the expansion of the Global Entry pilot program to the individual airports will be announced at http://www.cbp.gov. For more information on the program, see http://www.cbp.gov/xp/cgov/travel/trusted_traveler/global_entry/.

The expansion was announced in a Federal Register notice available at http://edocket.access.gpo.gov/2008/pdf/E8-18724.pdf. Mississippi Raid Largest in US History; ICE Arrests Hundreds in Other Raids US Immigration and Customs Enforcement (ICE) agents took nearly 600 plant workers into custody on August 25, 2008, in what is reportedly the largest immigration raid in US history.

The raid at the Howard Industries transformer plant was the result of an investigation prompted by a tip from a union member. The workers were from Brazil, El Salvador, Germany, Guatemala, Honduras, Mexico, Panama, and Peru, ICE said. The agency also arrested 400 workers on May 12 at the Agriprocessors meatpacking plant in Iowa, and seized a number of fraudulent green cards from the company's human resources department.

Meanwhile, ICE arrested 42 undocumented men at Washington Dulles International Airport as part of a critical infrastructure protection (CIP) operation. ICE agents, with support of airport security agencies, arrested the men just inside the airport grounds at a checkpoint established to verify the identity and immigration status of workers entering a service gate.

ICE agents interviewed more than 200 individuals to verify their identities, immigration status, and eligibility for lawful employment in the US Among those arrested were nationals of Argentina, Bolivia, El Salvador, Guatemala, Mexico, and Peru.

Most of the individuals encountered worked on construction projects at the airport. Those detained are being interviewed, fingerprinted, photographed, and entered into Department of Homeland Security databases at a local ICE office. In another action, 57 undocumented workers at Mills Manufacturing Corporation (MMC) in Asheville, North Carolina, were arrested by ICE special agents.

MMC is a Department of Defense contractor responsible for the manufacturing of parachutes for the US military. Among those arrested were nationals of Mexico, Guatemala, Ecuador, and Honduras. The arrests were based on an ICE investigation that revealed, ICE said, that the workers had used fraudulent social security numbers to obtain employment.

The agency said the company has been fully cooperative and is not a target of the ICE investigation. All of those arrested were transferred to the Henderson County Sheriff's Office for immigration processing, and all were placed into removal proceedings for being in violation of US immigration law.

Those arrested were interviewed by ICE agents to determine if they had medical, caregiver, or other humanitarian issues. ICE identified approximately 29 individuals who qualified for humanitarian release and will be required to appear before a federal immigration judge. In fiscal year 2008, ICE agents have made more than 700 administrative arrests and 100 criminal arrests at critical infrastructure facilities.

As of July 2008, ICE has made more than 3,800 administrative arrests overall for immigration violations during worksite enforcement operations. The Mississippi announcement is available at http://www.ice.gov/pi/nr/0808/080826laurel.htm.

The Dulles announcement is available at http://www.ice.gov/pi/nr/0808/080813washington.htm. The MMC announcement is available at http://www.ice.gov/pi/nr/0808/080812asheville.htm.

(To be continued)