[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.
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Former citation New citation (effective 3/1/91)
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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).
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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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