[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26630]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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DEPARTMENT OF JUSTICE

8 CFR Part 3

[AG Order No. 1928-94]

 

Executive Office for Immigration Review; Citizenship Requirement 
for Employment

agency: Department of Justice.

action: Proposed rule.

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summary: This proposed rule requires that employees hired by the 
Executive Office for Immigration Review (EOIR or Agency) be citizens of 
the United States of America. This rule exempts EOIR from the 
Immigration Reform and Control Act of 1986's general prohibition of 
discrimination based on citizenship status and supplements Executive 
Order 11935 which requires United States citizenship for almost all 
Federal employees in the competitive service.

dates: Written comments must be received on or before November 28, 
1994.

addresses: Please submit written comments in triplicate to Gerald S. 
Hurwitz, Counsel to the Director, Executive Office for Immigration 
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041.

for further information contact: Gerald S. Hurwitz, Counsel to the 
Director, Executive Office for Immigration Review, Suite 2400, 5107 
Leesburg Pike, Falls Church, Virginia 22041, Telephone: (703) 305-0470.

supplementary information: This proposed rule authorizes EOIR to 
require its employees and volunteers to be citizens of the United 
States of America. Because the central task of this Agency is 
adjudicating immigration-related cases, Agency employees and volunteers 
often have access to sensitive information and handle complex and 
sensitive immigration issues. It is imperative that individuals who 
work at EOIR, either as employees or volunteers, demonstrate their 
allegiance to the United States by being able to document that they are 
United States citizens. Pursuant to E.O. 11935, 41 FR 37301 (1976), the 
Executive Branch requires United States citizenship for employees hired 
in the competitive service. This proposed rule extends the citizenship 
requirement to all EOIR employees and volunteers. The rule exempts EOIR 
from the prohibition of discrimination based on citizenship status, 
pursuant to the procedures established by the Immigration Reform and 
Control Act of 1986. 8 U.S.C. 1324b(a)(2)(C).
    Additionally, this proposed rule allows the Agency to exercise its 
discretion to hire non-citizens when necessary to accomplish the 
Agency's mission. For example, this rule would permit the Director of 
the Agency to authorize hiring an interpreter skilled in the English 
language and an unusual foreign language when a United States citizen 
interpreter is not available.
    Insertion of this rule requires a slight reorganization of 8 CFR 
part 3.
    This rule does not have a significant adverse economic impact on a 
substantial number of small entities. 5 U.S.C. 605(b).
    This rule has been drafted and reviewed in accordance with E.O. 
12866 section 1(b), Principles of Regulation. The Attorney General has 
determined that this rule is not a ``significant regulatory action'' 
under E.O. 12866, section 3(f), Regulatory Planning and Review, and 
accordingly this rule has not been reviewed by the Office of Management 
and Budget.
    This rule 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 E.O. 12612, it is 
determined that this rule does not have sufficient federalism 
implication to warrant the preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 3

    Administrative practice and procedure, Immigration, Organization 
and functions (Government agencies).

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    1. The authority citation for part 3 of title 8 is revised to read 
as follows:

    Authority: 5 U.S.C. 301; 8 U.S.C. 1103, 1252 note, 1252b, 1324b, 
1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 
CFR 1949-1953 Comp., p. 1002.

    2. Section 3.0 is amended by designating the existing text as 
paragraph (a) and adding a heading and by adding a new paragraph (b) to 
read as follows:


Sec. 3.0  Executive Office for Immigration Review.

    (a) Organization. * * *
    (b) Citizenship Requirement for Employment. (1) An application to 
work at the Executive Office for Immigration Review (EOIR or Agency), 
either as an employee or as a volunteer, must include a signed 
affirmation from the applicant that he or she is a citizen of the 
United States of America. Upon the Agency's request, the applicant must 
document United States citizenship.
    (2) The Director of EOIR may, by explicit written determination and 
to the extent permitted by law, authorize the appointment of an alien 
to an Agency position when necessary to accomplish the work of EOIR.

    Dated: October 18, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-26630 Filed 10-26-94; 8:45 am]
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