Compromise Reached on Entry/Exit Control System
Posted May 30, 2000

As readers of the MurthyBulletin are aware, in 1996 several major pieces of immigration legislation were passed, and those laws brought substantial changes that have had serious consequences for a great many people. One of the more controversial provisions passed has been Section 110 of the Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 110 required the Attorney General to develop a system to collect a record of the departure and arrival of every alien at every port of entry, and allow the identification of non-immigrants who remain beyond their period of authorized stay.

Many groups and individuals feared that such a system would hinder tourism and trade by slowing down border traffic. The Canadian government was especially alarmed, and several U.S. business groups as well as the American Immigration Lawyers Association (AILA) shared that concern.

After months of negotiations among the American Immigration Lawyers Association (AILA), Representative Lamar Smith and Senator Spencer Abraham and representatives from the Americans for Better Borders Coalition (a group formed by AILA and the U.S. Chamber of Commerce), the White House, and Members of Congress, all jointly announced an agreement to revoke Section 110. The provision will be replaced with a new law requiring that the INS integrate existing data already being collected by INS, the Customs Service and the Border Patrol at our ports-of-entry into a searchable database. It is hoped that the new law would enable the above-mentioned agencies to focus their attention on smugglers, drugs and illegal entrants, while freeing up resources to facilitate the entry of legitimate visitors and travelers.