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Under the final rule, DHS will allow those who are HIV-positive to enter as visitors (for business or pleasure) for a temporary period not to exceed 30 days, without being required to seek such admission under the more complex (individualized, case-by-case) process provided under current DHS procedures. Additionally, DHS has decided to permit an additional “period or periods of satisfactory departure in exigent circumstances” under a provision modeled after the Visa Waiver Program.

Nonimmigrants who do not meet the specific requirements of the rule or who do not wish to consent to the conditions imposed by the final rule may seek admission under current procedures and obtain a case-by-case determination of their eligibility for a waiver of the nonimmigrant visa requirements concerning inadmissibility for those infected with HIV.

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DHS also is claiming exemption from certain requirements of the Privacy Act for the Student and Exchange Visitor Information System (SEVIS, PDF). DHS noted that because the purpose of the SEVIS system is to collect and maintain pertinent information on nonimmigrant students and exchange visitors, and the schools and exchange visitor program sponsors that host them while in the U.S., “it is possible that the information in the record system may pertain to national security or law enforcement matters.” Disclosure of related information would therefore present a “serious impediment” to law enforcement and national security efforts, DHS said. Disclosure of the information also would permit an individual who is the subject of a record “to impede the investigation and avoid detection or apprehension, which undermines the entire system.” DHS said this exemption is “a standard law enforcement and national security exemption utilized by numerous law enforcement and intelligence agencies.”

DHS said it is establishing a new agency-wide system of records under the Privacy Act for DHS General Legal Records (PDF). This will ensure that all components of DHS follow the same privacy rules for collecting and handling general legal records. DHS is proposing to exempt its general legal records from provisions of the Privacy Act.

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Randy Johnson, the U.S. Chamber of Commerce’s Vice President for Labor, Immigration, and Employee Benefits, told Federal News Radio that “[i]f they go forward with the final rule and don’t respond to our concerns, I think very well we’ll go into court. I think there’s a good chance we’ll go into court anyway[ ] because…the Congressional statute actually says that the program is voluntary and, in our view, making it a condition of a federal contract, in fact, renders it mandatory in violation of the underlying Congressional statute.” He said the expansion was “too quick” and untested, noting that “frankly, there’s some legal problems with regard to whether or not the agencies even have the legal authority to do it.”

Mr. Johnson said the Government Accountability Office needs to study E-Verify further. He noted that some companies “are concerned about this regulation because of immigration concerns, but then there’s another raft of companies, such as major contractors who are household names, that are concerned about it because it’s just going to slow down the procurement process and already make it more complicated.” He noted that colleges and universities that have federal contracts also have raised concerns.

Jennifer Kerber, Senior Director of ITAA’s Federal and Homeland Security Programs, told Federal News Radio that ITAA would welcome E-Verify but is concerned about “the scalability of the system, the accuracy of the underlying data and the increased burden on federal contractors and government agencies.” She noted that “today, according to the E-Verify system officials, there’s an eight percent no-match rate. So, you take eight percent for 61,000 people using it [now], and you put eight percent on 7.4 million people using it [if it becomes mandatory] — what kind of increased delays in government contract performance are we going to have?”

The Department of Homeland Security plans to offer a half-day information session on the E-Verify program. The session will include a live demonstration of the E-Verify system followed by a question-and-answer session. Dates and times have not yet been announced.

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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 U.S. 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, U.S. 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.

The expansion was announced in a Federal Register notice.

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