[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12393]


[[Page Unknown]]

[Federal Register: May 23, 1994]


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DEPARTMENT OF JUSTICE
8 CFR Parts 210a, 214, 241, and 242

[INS No. 1438-93; AG Order No. 1879-94]
RIN 1115-AC86

 

Revision of Grounds for Deportation; Conforming Regulations

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule makes technical amendments to conform agency 
regulations with statutory provisions regarding general classes of 
deportable aliens. These amendments are necessary due to statutory 
changes. They will ensure implementation of, and regulatory compliance 
with, the statutory changes.

EFFECTIVE DATE: May 23, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert A. Jacobson, Director, Deportation Branch, Detention and 
Deportation Division, Immigration and Naturalization Service, 425 I 
Street NW., room 6008, Washington, DC 20536-0002, telephone (202) 514-
2865.

SUPPLEMENTARY INFORMATION: 

Background

    On August 13, 1991, an interim rule with request for comments was 
published in the Federal Register at 56 FR 38331. This rule amended 
pertinent sections of 8 CFR parts 210a, 214, 241, and 242 to reflect 
the technical amendments necessary for conformity with section 241 of 
the Immigration and Nationality Act (Act), Ch. 477, 66 Stat. 163 
(1952), as amended by section 602 of the Immigration Act of 1990 
(IMMACT 90), Act of Nov. 29, 1990, Public Law 101-649, 104 Stat. 4978. 
Section 307(h) of the Miscellaneous and Technical Immigration and 
Naturalization Amendments of 1991 (Technical Amendments), Act of Dec. 
12, 1991, Public Law 102-232, 105 Stat. 1733, subsequently made minor 
corrections in section 241 of the Act.
    The majority of the amendments made to section 241 of the Act by 
section 602 of IMMACT 90 were technical in nature, relating in large 
part to citation changes. Consequently, the majority of changes to 8 
CFR parts 210a, 214, 241, and 242 in the interim rule were also 
technical in nature. Those regulatory changes which did alter 
substantive rights were so identified in the interim rule. The comment 
period for the interim rule ended on September 27, 1991. The Service 
did not receive any comments. Moreover, the Technical Amendments did 
not substantively change the interim rule. The interim rule is, 
therefore, adopted as final with minor technical changes.

Regulatory Citation in the Interim Rule

    In the supplementary information to the interim rule, 8 CFR 
214.2(a)(10) was erroneously referred to as ``(s)ection 241.2(a)(10).'' 
Also, 8 CFR 214.2(f)(12(i)(E), referred to in the supplementary 
information and amended by the interim regulations, has since been 
redesignated as 8 CFR 214.2(f)(16)(i)(D). Finally, 8 CFR 242.7a was 
erroneously referred to in the paragraph heading of 8 CFR 242.7a of the 
interim regulations as ``Sec. 241.7a.''

Changes to Title 8, Code of Federal Regulations

    The regulations at 8 CFR 242.8(a), as well as at 8 CFR 242.17(d) 
(in both the paragraph heading and the regulatory text), are amended by 
substituting ``241(a)(1)(E)(iii)'' for ``241(a)(1)(E)(ii).'' These 
changes are necessary because the Technical Amendments redesignated 
section 241(a)(1)(E)(ii) of the Act as section 241(a)(1)(E)(iii). 
Although this amendment is not directly related to the other citation 
changes in Part 242, 8 CFR 242.20 is amended by substituting 
``Sec. 3.39'' for ``Sec. 3.37,'' redesignated by a recent regulatory 
change.

Table of Citation Changes

    A table of citation changes in section 241 of the Act resulting 
from section 602 of IMMACT 90 was included in the supplementary 
information to the interim rule. The Technical Amendments have since 
resulted in the addition of a new section 241(a)(1)(E)(ii), as well as 
redesignated of the former section 241(a)(1)(E)(ii) as section 
241(a)(1)(E)(iii). Further, section 241(a)(21), added by section 
544(b)(3) of IMMACT 90, and section 241(a)(3)(C), added by the 
Technical Amendments, both relate to the same deportation charge. A new 
table of citation changes is, therefore, included here for 
informational purposes. Not all current sections of law, however, are, 
in all respects, identical to the corresponding former sections.

------------------------------------------------------------------------
   Former citation              New citation (effective 3/1/91)         
------------------------------------------------------------------------
241(a)(1)...........  241(a)(1)(A).                                     
241(a)(2)...........  241(a)(1)(B).                                     
241(a)(3)...........  Repealed.                                         
241(a)(4)...........  241(a)(2)(A) (i), (ii), (iii).                    
241(a)(5)...........  241(a)((3) (A), (B).                              
241(a)(6)...........  Repealed.                                         
241(a)(7)...........  241(a)(4)(A).                                     
241(a)(8)...........  241(a)(5).                                        
241(a)(9)(A)........  241(a)(1)(C)(i).                                  
241(a)(9)(B)........  241(a)(1)(D)(i).                                  
241(a)(10)..........  Previously repealed.                              
241(a)(11)..........  241(a)(2)(B).                                     
241(a)(12)..........  Repealed.                                         
241(a)(13)..........  241(a)(1)(E)(i).                                  
241(a)(14)..........  241(a)(2)(C).                                     
241(a)(15)..........  Repealed.                                         
241(a)(16)..........  Repealed.                                         
241(a)(17)..........  241(a)(2)(D) (i), (ii), (iii).                    
241(a)(18)..........  241(a)(2)(D)(iv).                                 
241(a)(19)..........  241(a)(4)(D).                                     
241(a)(20)..........  241(a)(1)(F).                                     
241(a)(21)..........  241(a)(3)(C).                                     
241(b)(1)...........  241(a)(2)(A)(iv).                                 
241(b)(2), (d)......  Repealed.                                         
241(c)(1)...........  241(a)(1)(G)(i).                                  
241(c)(2)...........  241(a)(1)(G)(ii).                                 
241(e)..............  241(b).                                           
241(f)(1)...........  241(a)(1)(H).                                     
241(f)(2)...........  Repealed.                                         
241(g)..............  241(a)(1)(D)(ii).                                 
None................  241(a)(1)(C)(ii).                                 
None................  241(a)(1)(E)(ii).                                 
None................  241(a)(1)(E)(iii).                                
None................  241(a)(4)(B).                                     
None................  241(a)(4)(C).                                     
None................  241(c).                                           
------------------------------------------------------------------------

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that the rule will not have a significant economic impact on 
a substantial number of small entities because the rule merely replaces 
the obsolete statutory citations with the current ones.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).

Executive Order 12612

    The regulations adopted herein will not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism assessment.

List of Subjects

8 CFR Part 210a

    Administrative practice and procedure, Aliens, Migrant labor, 
Reporting and recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Employment, Foreign 
officials, Health professions, Reporting and recordkeeping 
requirements, Students.

8 CFR Part 241

    Aliens.

8 CFR Part 242

    Administrative practice and procedure, Aliens, Apprehension, Crime, 
Custody, Detention.

    Accordingly, the interim rule amending parts 210a, 214, 241, and 
242 of chapter I of title 8 of the Code of Federal Regulations, which 
was published at 56 FR 38331 on August 13, 1991, is adopted as final 
with the following changes:

PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE 
UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL

    1. The authority citation for part 242 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note, 
1252b, 1254, 1362; 8 CFR part 2.


Sec. 242.8  [Amended]

    2. In Sec. 242.8, paragraph (a), the first sentence is amended by 
revising the reference to section ``241(a)(1)(E)(ii)'' of the Act to 
read ``241(a)(1)(E)(iii)''.


Sec. 242.17  [Amended]

    3. Section 242.17, paragraph (d), is amended by revising the 
reference to section ``241(a)(1)(E)(ii)'' of the Act in both the 
paragraph heading and in the regulatory text to read 
``241(a)(1)(E)(iii)''.


Sec. 242.20  [Amended]

    4. Section 242.20 is amended by revising the reference to section 
``3.37'' to read ``3.39''.

    Dated: May 11, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-12393 Filed 5-20-94; 8:45 am]
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