[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19574] [[Page Unknown]] [Federal Register: August 11, 1994] ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE 28 CFR Part 68 [A.G. Order No. 1905-94] Executive Office for Immigration Review; Rules of Practice and Procedure for Administrative Hearings Before Administrative Law Judges in Cases Involving Allegations of Unlawful Employment of Aliens and Unfair Immigration-Related Employment Practices AGENCY: Department of Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends 28 CFR part 68, which contains the rules of practice and procedure for administrative hearings conducted to enforce sections 274A, 274B, and 274C of the Immigration and Nationality Act (``INA''). These amendments are necessary to bring the practices and provisions established in part 68 into conformity with the provisions of the INA. Specifically, these amendments clarify the amount of time a party has to appeal to the United States Court of Appeals an Administrative Law Judge's order in a section 274A or a section 274C proceeding. EFFECTIVE DATE: This final rule is effective August 11, 1994. FOR FURTHER INFORMATION CONTACT: Gerlad S. Hurwitz, Counsel to the Director, Executive Office for Immigration Review, suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, (703) 305-0470. SUPPLEMENTARY INFORMATION: Sections 274A, 274B, and 274C of the INA require that hearings be held before Administrative Law Judges in cases involving allegations that a person or other entity has: (1) Hired, or recruited or referred for a fee, for employment in the United States an alien knowing that the alien is unauthorized to work in the United States; or has so hired or referred or recruited for a fee, any individual when the hiring person or entity fails to comply with the employment eligibility verification requirements (8 U.S.C. 1324a(a)(1)); (2) Continued to employ an alien in the United States knowing that the alien is or has become unauthorized with respect to such employmnet (8 U.S.C. 1324a(a)(2)); (3) Imposed, in the hiring, recruiting, or referring for employment of any individual, any requirement that the individual post a bond or security, pay or agree to pay any amount, or otherwise guarantee or indemnify against any potential liability under 8 U.S.C. 1324a for unlawful hiring, recruiting or referring of such individual (8 U.S.C. 1324a(g)(1)); (4) Engaged in unfair immigration-related employment practices (8 U.S.C. 1324b); or (5) Knowingly participated in activities involving fraudulent creation or use of documents for the purposes of satisfying, or complying with, a requirement of the INA (8 U.S.C. 1324c). On November 24, 1987, the Department of Justice published an interim final rule establishing administrative practices and procedures to implement sections 274A and 274B of the INA. 52 FR 44972. After receiving comments, the Department published the final rule on November 24, 1989. 54 FR 48593. That rule governed all cases properly brought before an Administrative Law Judge that complied with the requirements of the INA. Then, on November 28, 1990, Congress enacted the Immigration Act of 1990, which amended sections 274A and 274B of the INA, and added section 274C. These amendments necessitated certain revisions to the practices and procedures established by part 68, which were set forth in an interim rule with request for comments, published October 3, 1991. 56 FR 50049. After receiving comments, the Department published the final rule on December 7, 1992. 57 FR 57669. The final rule, however, did not distinguish between the time the Administrative Law Judge issues an order and the time a final order is issued. This distinction is critical in clarifying the amount of time a party has to appeal a final agency order in a section 274A or a section 274C proceeding to the United States Court of Appeals. A proposed rule clarifying this time period was published in the Federal Register on January 18, 1994. 59 FR 2548. Although comments were requested, none were received. Based upon experience gained by the Office of the Chief Administrative Hearing Officer in implementing the hearing procedures and the statutory language regarding the Chief Administrative Hearing Officer's review authority found at sections 274A(e)(7) and 274C(d)(4), Sec. 68.2 paragraph (i) is revised to reflect the reference made to the definition of ``entry'' in the revised definition of ``issued'' at Sec. 68.2(k), and Sec. 68.2 paragraph (k) is amended to account for the thirty (30) days the Chief Administrative Hearing Officer has to modify or vacate an Administrative Law Judge's order in a section 274A or 274C proceeding after the Administrative Law Judge enters the order. This regulation has been drafted and reviewed in accordance with Executive Order 12866, section 1(b). The Attorney General has determined that this rule is not a significant regulatory action under Executive Order 12866, section 3(f), and accordingly this rule has not been reviewed by the Office of Management and Budget. 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 this regulation will not have a significant economic impact on a substantial number of small entities. This regulation 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 section 6 of 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 in 28 CFR Part 68 Administrative practice and procedure, Aliens, Citizenship and naturalization, Civil rights, Discrimination in employment, Employment, Equal employment opportunity, Immigration, Nationality, Non- discrimination. For the reasons set forth in the preamble, 28 CFR part 68 is amended as follows: PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS AND UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES 1. The authority citation for part 68 continues to read as follows: Authority: 5 U.S.C. 301, 554; 8 U.S.C. 1103, 1324a, 1324b, and 1324c. 2. Section 68.2 paragraphs (i) and (k) are revised to read as follows: Sec. 68.2 Definitions. * * * * * (i) Entry as used in section 274B(i)(1) of the INA and Sec. 68.2(k) means the date the Administrative Law Judge signs the order; * * * * * (k) Issued as used in section 274A(e)(8) and section 274C(d)(5) of the INA means thirty (30) days subsequent to the entry of an order or, if the Chief Administrative Hearing Officer vacates or modifies the order, the date the Chief Administrative Hearing Officer signs such vacation or modification. * * * * * Dated: July 26, 1994. Janet Reno, Attorney General. [FR Doc. 94-19574 Filed 8-10-94; 8:45 am] BILLING CODE 4410-01-M