[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