[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8858-8859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5176]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 242

[INS No. 1716-95]
RIN 1115-AE13


Order to Show Cause and Notice of Hearing; Apprehension, Custody 
and Detention

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 position of institutional 
hearing program director to the list of Immigration and Naturalization 
Service officials authorized to issue orders to show cause and warrants 
of arrest. This is an internal change only and is necessitated by the 
placement of Service special agents at correctional institution sites 
to process criminal aliens for deportation proceedings. The 
modification is intended to facilitate the processing of incarcerated 
criminal aliens. The position of patrol agent in charge is also being 
added to the list of officials authorized to issue orders to show cause 
and warrants of arrest. This change will allow the Service to obtain 
more efficient use of its personnel and resources and is in keeping 
with current organizational command structure and program 
responsibility with a Border Patrol sector. This rule also deletes 
positions from the list of officials authorized to issue orders to show 
cause and warrants of arrest which are no longer necessary.

EFFECTIVE DATE: March 6, 1996.

FOR FURTHER INFORMATION CONTACT:
Ira L. Frank, Senior Special Agent, Investigations Division, 
Immigration and Naturalization Service, 425 I Street NW., Room 1000, 
Washington, DC 20536, telephone: (202) 514-0747.

SUPPLEMENTARY INFORMATION: This rule adds the position of institutional 
hearing program director and patrol agent in charge to the list of 
Immigration and Naturalization Service officials authorized to issue 
orders to show cause, thereby initiating deportation proceedings 
pursuant to 8 CFR 242.1(a). It also amends 8 CFR 242.2(c)(1) to permit 
the same officials to sign warrants of arrest.
    The Institutional Hearing Program (IHP) represents one of the 
Service's major undertakings to process criminal aliens while they are 
incarcerated in correctional institutions and to obtain orders of 
deportation prior to their release from imprisonment. The correctional 
institutions designated as IHP sites are often geographically situated 
a great distance from an existing Service office that has an official 
designated to sign orders to show cause and warrants of arrest. Sending 
orders to show cause or warrants of arrest to another Service office 
location frequently causes as unnecessary delay in the processing of 
the criminal alien. This rule will permit the institutional hearing 
program director, in charge of a staff at a correctional institution 
designated as an IHP site, to sign orders to show cause and warrants of 
arrest.
    Frequently, patrol agents in charge are also geographically remote 
from the sector officials currently authorized to issue orders to show 
cause and warrants of arrest. The addition of patrol agents in charge 
to the list of immigration officials authorized to issue orders to show 
cause and warrants of arrest will allow the Service to obtain more 
efficient use of its personnel and resources, and is in keeping with 
current organizational command structure and program responsibility 
within a Border Patrol sector.
    The Service is withdrawing authorization for the Director, 
Organized Crime Drug Enforcement Task Force (OCDETF), and the Assistant 
Director, OCDETF (New York, NY; Houston, TX; Los Angeles, CA; and 
Miami, FL), to issue orders to show cause and warrants of arrest. These 
organizational positions cease to exist. The Service is also 
withdrawing authorization for the Assistant Commissioner, Refugees, 
Asylum and Parole, to issue orders to show cause, because this 
organizational position no longer exists.
    The Service's implementation of this rule as a final rule is based 
upon the ``good cause'' exception found at 5 U.S.C. 553(b)(B). The 
reason and the necessity for immediate implementation of this final 
rule is as follows: This is a rule of agency organization, practice, or 
procedure and does not include action which goes beyond formality and 
substantially affects the rights of those over whom the agency 
exercises authority.
    The rule will not have a significant economic impact. It does not 
affect parties that are small entities.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, 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 as discussed in the Supplemental section of this 
document.

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, Sec. 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 in 8 CFR Part 242

    Administrative practice and procedure, Aliens, Deportation.
    Accordingly, part 242 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

[[Page 8859]]


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, 
1252a, 1252b, 1254, 1362; 8 CFR part 2.

    2. Section 242.1, paragraph (a) is revised to read as follows:


Sec. 242.1  Order to show cause and notice of hearing.

    (a) Commencement. Every proceeding to determine the deportability 
of an alien in the United States is commenced by the filing of an order 
to show cause with the Office of the Immigration Judge, except for an 
alien who has been admitted to the United States under the provisions 
of section 217 of the Act and Part 217 of this chapter other than such 
an alien who has applied for asylum in the United States. In the 
proceeding, the alien shall be known as the respondent. Orders to show 
cause may be issued by:
    (1) District directors (except foreign);
    (2) Deputy district directors (except foreign);
    (3) Assistant district directors for investigations;
    (4) Deputy assistant district directors for investigations;
    (5) Assistant district directors for deportation;
    (6) Deputy assistant district directors for deportation;
    (7) Assistant district directors for examinations;
    (8) Deputy assistant district directors for examinations;
    (9) Officers in charge (except foreign);
    (10) Assistant officers in charge (except foreign);
    (11) Chief patrol agents;
    (12) Deputy chief patrol agents;
    (13) Associate chief patrol agents;
    (14) Assistant chief patrol agents;
    (15) Patrol agents in charge;
    (16) The Assistant Commissioner, Investigations;
    (17) Service center directors;
    (18) Supervisory asylum officers; or
    (19) Institutional Hearing Program Directors.
* * * * *
    3. In Sec. 242.2, paragraph (c)(1) (i) through (xvii) is revised to 
read as follows:


Sec. 242.2  Apprehension, custody, and detention.

* * * * *
    (c) * * *
    (1) * * *
    (i) District directors (except foreign);
    (ii) Deputy district directors (except foreign);
    (iii) Assistant district directors for investigations;
    (iv) Deputy assistant district directors for investigations;
    (v) Assistant district directors for deportation;
    (vi) Deputy assistant district directors for deportation;
    (vii) Assistant district directors for examinations;
    (viii) Deputy assistant district directors for examinations;
    (ix) Officers in charge (except foreign);
    (x) Assistant officers in charge (except foreign);
    (xi) Chief patrol agents;
    (xii) Deputy chief patrol agents;
    (xiii) Associate chief patrol agents;
    (xiv) Assistant chief patrol agents;
    (xv) Patrol agents in charge;
    (xvi) The Assistant Commissioner, Investigations; or
    (xvii) Institutional Hearing Program Directors.
* * * * *
    Dated: February 22, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-5176 Filed 3-5-96; 8:45 am]
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