Second Circuit upheld retired non-immigration registration system

On September 24, 2008, the US Court of Appeals for the Second Circuit upheld the constitutionality of a former National Security Entry-Exit Registration System (NSEERS) program which required non-immigrant adult males from 25 predominantly Muslim nations and North Korea to register with immigration authorities and re-register annually or face deportation. The plaintiffs alleged that the policy discriminated against them "based on their religion, ethnicity, gender, and race." The court held that "classifications on the basis of nationality are frequently unavoidable in immigration matters ... [T]here is no tension whatsoever between Congress passing specific laws targeting terrorism and the Attorney General using broad powers granted under existing statutes toward the same end."

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