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Maximumsecurity zone

United States of America is themost favoured destinationof citizens of the world for

its superior lifestyle and itsdemocratic foundations. Thecountry has opened its arms toglobal talent and its market

economy attracted businessacumen from remote cornersof the globe. USA's egalitariansociety has embraced peopleof different origins andnationalities. To encouragediversity in its populationUSA proactively conducts'green card' lottery everyyear for citizens of thosecountries not able toenter USA under itsvarious entry visa

programs. America'srole as a globalreformer andpoliceman hasearned it bothadmiration andhatred. The countryhas never fought awar in its own territorybut has sent out troops tofight war in other countries.


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The war on terrorism that began with thetwin tower tragedy has a distinct HRperspective that companies need to be

sensitive about.

By Ashok Mukherjee

Americans have always regardetheir own territory an impenetrableBut then the unthinkable happenedThe destruction of the World TradCentre twin towers on Septembe11,2001 was a rude wake up callThe Americans, most admired fo

their friendliness, began to bconcerned about their ownhomeland security. It is hardlsurprising that, behind thautomatic American smillingers a hardened attitudePost September 11, USA wilnever be the same fovisitors and aspiringimmigrants. Security is thprime concern foAmericans today

Consider the facts. Th

United States has a7500-mile land and aiborder shared withCanada and Mexicand an exclusiveconomic zonencompassing 3.million squar

miles. Each year, morthan 500 million people ar

admitted into the United States


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of which 330 million are non-citizens. On land, 11.2million trucks and 2.2 million rail cars cross into theUnited States, while 7,500 foreign-flag ships make 51,000calls in U.S. ports annually. American anxieties are morethan justified.

The US war on terrorism made headlines recentlywhen Canada announced that it is warning its citizenstravelling to the US that the new security measures arediscriminatory. Specifically, the Canadians haveproblems with the new special registration program

where people born in certain countries have to befingerprinted and photographed upon entry and haveto check in periodically with the Immigration andNaturalisation Service, the US Government agencydealing with Immigration. The Canadians have raisedthe question that has been troubling many othernations. On one hand, American society is built on afoundation of fairness where people expect to betreated equally. On the other hand, if people withcertain profiles are disproportionately connected withterrorist activities, should US security concerns trumpnotions of fairness? Where do you draw the lines?

Responding to the September 11th terrorist attacks,

Congress passed the USA Patriot Act in October of2001. Among the many new requirements imposed bythe law is a special registration system for non-immigrants from designated countries. The registrationsystem is designed in part as a substitute for a largerentry-exit system, which many have wanted to imposesince 1996, but has, for various reasons, never beenfully implemented. The special registration system, inaddition to tracking entries and exits of those subjectto it, also requires designated individuals to periodicallyreport to the INS, and keep the agency informed ofany changes in their situation while in the US.

All nationals of Iran, Iraq, Libya, Sudan and Syria

must comply with the new special registrationrequirements, as must any individual designated to do

so by a consular officer or by an INS inspector. Uponentry to the US, they will be photographed,fingerprinted and interviewed and this information will

be stored in an INS database. The fingerprints willimmediately be run through a database of known

criminals and suspected terrorists, which, accordingto the INS, will take less than two minutes. The INS

hopes to have the entire entry procedure completedwithin five to ten minutes.

Any person who is subject to special registration

and remains in the US for 30 days or longer is required

to appear in person in a designated INS office between30 and 40 days after their entry for an interview andregistration. They must then appear in person eachand every year, no later than 10 days from the

anniversary of initial arrival date into the U.S. A list ofdesignated INS interviewing offices for specialregistration will be given to non-immigrants upon theirinitial registration at the port of entry. No appointmentis needed for the interview; but the INS doesrecommend that the person come in the morning.Information that needs to be provided includes proof

of tenancy at stated address (e.g. rental contact

mortgage); or proof of enrollment at educationainstitution (for student-visa holders); or proof o

employment (for work-visa holders).Failure to comply with the registration requirement

will result in the alien's name being turned over to law

enforcement, and the alien would be subject to a $1,00fine, incarceration and possible removal from th

country. In addition, if the alien fails to comply, hiname would be added to the National Crim

Information Center's "wants and warrants" list. If locapolice happened to stop him or her because of a traffiviolation, upon checking the NCIC list they would

discover that the person was in violation of immigratiolaws. The police would be able to detain him, call an

INS Quick Response Team, and transfer him to thcustody of the INS.

Registered non-immigrants who remain in the U

for 30 days or longer are required to report any changof address, employment, or educational institution in

writing to the INS on Form AR-11 within 10 days of thchange. Upon departure, registered non-immigrant

must depart only through one of the designated port

of departure after October 1, 2002. Such exit recordare necessary to help identify and apprehend thos

aliens who overstay their visas. An alien's failure treport his exit would render him ineligible to return t

the United States. Departure includes visits to MexicoCanada or adjacent Islands. Non-complying aliens wilbe considered out of status.

Enforcement of immigration lawsThe U.S. Justice Department has attempted t

reverse years of law that prohibited local police officer

from enforcing federal immigration laws. During thwar on terrorism, initiatives have started to permi

and encourage local police departments to conducimmigration investigations. Many or most local policdepartments will not make this a priority, or will even

actively resist. But others will not. Therefore, foreignerin the United States now must be much more carefu

about complying at all times with all details of U.S. lawIn particular, foreigners in the United States shoul

carry on their person at all times their original Form I

94 card (stapled to the passport at the port of entrand showing the period of stay authorized by th

immigration official) and other documents provintheir current, lawful status. Photocopies of all such

papers, of course, should be maintained separately ina secure place. Because the times are so serious, andthe potential risks are so high, it may be prudent to er

on the side of caution and carry copies of alimmigration papers when traveling by vehicle.

Monitoring phones, internet, voice mailThe federal government may tap phones and

Internet use, or seize voice mail and e-mail, with onlycursory judicial authorization. Also, the subject of th

action may not have to be notified. The governmen


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may intercept computer use reasonably relevant to anongoing investigation without obtaining writtenauthorization or a search warrant, with the permissionof the owner or operator.

The interception of computer use must beauthorized by the actual user - unless he is a computertrespasser - that is, anyone who accesses a computerwithout authorization (an employee using a companycomputer to transmit a personal message withoutemployer permission, or using voice mail to receive

personal messages). Such interception also may includethe person responding to the personal message (thatis, that person may also be intercepted).

Pen register or trap and trace ordersA law enforcement agent can now require the

telephone company to reveal the numbers dialed to(pen register) and from (trap and trace) any phone orcomputer used by a particular person. That permissionwas earlier confined to a particular phone number -now it roves with the person. To get such an order, lawenforcement must simply certify to a judge that theinformation to be gained is "relevant to an ongoing

criminal investigation"; the judge must grant the order.Although no federal circuit court has as yet ruled

on these aspects of the statute, the Foreign IntelligenceSurveillance Act Court (FISA Court), which authorizes

wiretaps and other surveillance of suspected spies andterrorists, has challenged the Patriot Act. The courtruled against the Justice Department's request to allowcounterintelligence agents and criminal investigatorsand prosecutors to work together more closely. TheCourt emphasized that there is and should be animportant constitutional wall between terrorists andgarden-variety criminals. The government is appealingthe ruling to the FISA Court of Review.

Border Security And Visa Reform BillOn May 8 02, the House of Representatives passed

the Enhanced Border Security and Visa Entry ReformAct of 2002 by a 411 to 0 vote. The law would increase

the pay of Border Patrol agents, and allowed the INSto hire 200 new investigators and 200 new immigration

inspectors. It also increased the security of visas byrequiring the inclusion of biometric identification. It

also eliminated the 45-minute time limit on clearingpassengers arriving on international flights. Also,passenger manifest lists would need to be transmitted

to the INS at the time the flight departs for the US. Thebills called for some minor changes to the database

that was created by the USA Patriot Act, as well as thecreation of a commission to study how best to createand implement such a database. It would increase the

training of consular officers who issue visas.

Homeland Security DepartmentThe mission of the Office [of Homeland Security]

shall be to develop and coordinate the implementationof a comprehensive national strategy to secure the


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United States from terrorist threats or attacks." said

President George W. Bush, Executive Order 13228,Section 2, October 8, 2001. With this Executive Order,President Bush announced the creation of The HomeSecurity Department. The United States has never hada national blueprint for securing itself from the threatof terrorism. This year, with the publication of theNational Strategy for Homeland Security, it will.Homeland Security is a challenge of monumental scaleand complexity. The salient features of the plan are:.

The strategy will be long-term. It will not seek toachieve all goals at once but will introduce neededreforms and innovations in stages, according to theirimportance. It will seek to ensure that improvements

put in place one year become permanent.The strategy will be a truly national plan, not just a

Federal government strategy. The nature of Americansociety and the structure of American governancemake it impossible to achieve the goal of a securehomeland through Federal activity and expense alone.The National Strategy for Homeland Security,therefore, will be based on the principle of partnershipwith State and local governments, the private sector,and citizens.

The strategy will be comprehensive. It willencompass the full range of homeland securityactivities and will set priorities among them.

The strategy will utilize all appropriate policyoptions for achieving a more secure homeland. Thestrategy will direct the expenditure of the taxpayers'money only after proper analysis has been done toensure that the money will be well spent. So in additionto new or expanded Federal programs, the strategywill also call for government reorganization, legalreform, regulation and tax incentives, cost-sharingarrangements with State and local governments,cooperative arrangements with the private sector, andthe organized involvement of citizens.

The strategy will seek opportunity out of adversity

They will build, for example, an emergencymanagement system that is better able to manage nojust terrorism, but all hazards; a medical system that inot just better able to cope with bioterrorism, but withall diseases and all manner of mass-casualty incidentsand a border management system that is not just betteable to stop terrorist penetration, but more efficienfor legitimate traffic.

The strategy will set clear objectives for homelansecurity toward which the nation can strive, and wilinclude benchmarks and other performance measureby which we can evaluate our progress and allocatresources.

The strategy will be supported by a multi-yearcross-cutting Federal budget plan. The Budget for 200is a down payment on a larger set of homeland securitinitiatives that will be described in the national strategand reflected in the 2004 and later budgets.

The strategy will take full account of the existingovernment institutions and systems for providinhomeland security, such as law enforcement, publisafety, public health, and emergency management. Thstrategy will reflect the basic management principlthat individual agencies' responsibilities and authoritiefor homeland security should be clearly and logicallyaligned with their core competencies. It will build upon

systems that currently work well and are sensiblyorganized, but will also lay out plans to improve thosthat either do not work well today or are poorly oredundantly organized.

Students monitoring programmeThe US Immigration authorities recentl

announced that its new student monitoring programthe Student and Exchange Visitor Information Systemor SEVIS, will be operational soon. Under this programschools will be responsible for collecting information

Action points...what US employers need to do

Develop a policyfor responding to government orders on use

of phones, e-mail, internet and computers in the workplace.

Inform employeesthat the employer has the right to and maymonitor work phone use, e-mail, and internet use.

Stay tunedfor further developments in security related areas.

There will surely be some.

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HC

on foreign students and passing it on to the INS. Theinformation that must be collected includes the dateon which the student begins classes, whether they failedto appear for classes, whether they fail to maintaintheir required course load, and whether the student'sname or address has changed.

Initially, participation in SEVIS will be voluntary,with mandatory participation beginning on January30, 2003. The program will create a computerized linkbetween schools, US ports of entry and US consulates.

Once accepting a foreign student, the school wouldput the student's name into the database, which wouldbe accessed at the consulate when the student appliesfor their visa. The record would again be checked whenthe student applies for entry to the US.

The tension mountsThere are reports of several lawsuits being filed by

individuals for discrimination. A Sikh lawyer who hasbeen a citizen of USA for two decades was asked byAirport Security to take down his Turban. He refused.The gentleman was not allowed to board the flight. Hehas filed a suit for religious discrimination.

A US Secret Service agent of Middle East origin wasnor allowed to join the President's security duty hasfiled suit for discrimination. Rohinton Mistry, the Indianborn author and Booker prize owner, allegedharassment by US airport officials and cancelled histrip. He is a Canadian citizen.

The Muslim community groups in USA and theimmigration lawyers have expressed concern over thedirection of the immigration policy and anti Terroristlegislation. Some communities especially of middle-eastern origin are feeling insecure alienated and arebecoming concerned about their uncertain future. Theever-present threat of another war with Iraq has only

increased the tension.Those who have faith in the American people say

that, being one of the most creative and technologicallyadvanced societies in the planet, Americans will comeout with solutions that will allow them to havemeaningful security without necessarily trampling ona range of civil liberties. As an Indian who has lived inUSA before and after Sept 11, I firmly believe they will.

Till such time the situation improves the HRprofessional dealing with US operations should closelyfollow the developments in USA and keep his/herorganization informed about the measures beingadopted there to curb terrorism. This is important

because onsite delivery schedules may be impactedbecause of these post 9/11 measures. Moreover,organizations having a sizeable presence in the US mustalert its employees about the compliance requirementof the new legislation and ensure that their employeesstay out of trouble.

Ashok Mukherjee is Chief Manager Human Resources Tata Consultancy Services,

Mum bai .

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