[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Rules and Regulations]
[Pages 56936-56937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27919]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 287

[INS No. 1717-95]
RIN 1115-AE15


Subpoena Issuance Authority

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends existing Immigration and Naturalization 
Service (Service) regulations by adding the Assistant Chief Patrol 
Agency Officer position to the lists of those immigration officers who 
may issue and designate service of subpoenas under this section. These 
changes will reduce unnecessary delay in the processing of criminal and 
civil investigations by reducing the need to transfer case files 
between offices for signatures. These changes will allow the Service to 
maximize its use of personnel and resources. The rule is in keeping 
with current organizational command structure and program 
responsibility within a Border Patrol sector.

EFFECTIVE DATE: December 13, 1995.

FOR FURTHER INFORMATION CONTACT: Alan R. Conroy, Assistant Chief Border 
Patrol, Immigration and Naturalization Service, 425 I Street, N.W., 
Washington, DC 20536, Telephone: (202) 514-3073.

SUPPLEMENTARY INFORMATION: The Service is modifying section 287.4(a)(1) 
and 287.4 (c) of its existing regulations to add Assistant Chief Patrol 
Agent positions to those immigration officials authorized to issue and 
designate service of subpoenas. One of the Service 

[[Page 56937]]
priorities is the apprehension and removal of criminal aliens. The 
authority for Assistant Chief Patrol Agents to issue subpoenas will 
allow for greater flexibility in the processing of these aliens. The 
subpoena is issued in criminal or civil investigations to require the 
production of documentary evidence, for use in a Service-related case. 
Currently employees above and below the Assistant Chief level have the 
power to issue subpoenas. Implementation of the rule will add 
continuity to the Immigration and Naturalization Service and the Border 
Patrol chains of command. The Service's implementation of this rule as 
a final rule, without provision for public comment, is based upon the 
exception found in 5 U.S.C. 553(b)(B). This rule related to agency 
management and is administrative in nature. Thus, the comment period 
and noticed are deemed unnecessary and contrary to the public interest.

Executive Order 12612

    The regulation 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 Federal Assessment.

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).

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), had 
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. The regulation is administrative in nature and the rule 
relates only to agency management.

List of Subjects in 8 CFR Part 287

    Immigration, Law enforcement officers.
    For the reasons set forth in the preamble, part 287 in chapter I of 
title 8 of the Code of Federal Regulations, is amended as set forth 
below.

PART 287--FIELD OFFICERS; POWERS AND DUTIES

    1. The authority citation for Part 287 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357, 8 
CFR part 2.

    2. In Section 287.4 paragraphs (a)(1) and (c) are revised to read 
as follows:


Sec. 287.4  Subpoena.

    (a) * * *
    (1) Criminal or civil investigations. All District Directors, 
Deputy District Directors, Chief Patrol Agents, Deputy Chief Patrol 
Agents, Assistant Chief Patrol Agents, Officers-in-Charge, Patrol 
Agents in Charge, Assistant District Directors, Investigations, 
Supervisory Criminal Investigators (Anti-Smuggling), Regional 
Directors, Office of Professional Responsibility, Service Center 
Directors, and Assistant District Directors for Examinations, may issue 
a subpoena requiring the production of records and evidence for use in 
criminal or civil investigations.
* * * * *
    (c) Service. A subpoena issued under this section may be served by 
any person, over 18 years of age not a party to the case, designated to 
make such service by the District Director, Deputy District Director, 
Chief Patrol Agent, Deputy Chief Patrol Agent, Assistant Chief Patrol 
Agent, Patrol Agent in Charge, Officer in Charge, Assistant District 
Director, Investigations, Supervisory Criminal Investigator (Anti-
Smuggling), Regional Director, and Office of Professional 
Responsibility, having administrative jurisdiction over the office in 
which the subpoena is issued. Service of the subpoena shall be made by 
delivering a copy thereof to the person named therein and by tendering 
to him/her the fee for one day's attendance and the mileage allowed by 
law by the United States District Court for the district in which the 
testimony is to be taken. When the subpoena is issued on behalf of the 
Service, fee and mileage need not be tendered at the time of service. A 
record of such service shall be made and attached to the original copy 
of the subpoena.
* * * * *
    Dated: October 10, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-27919 Filed 11-9-95; 8:45 am]
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