[Federal Register Volume 61, Number 135 (Friday, July 12, 1996)]
[Rules and Regulations]
[Pages 36610-36611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17674]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1751-96]
RIN 1115-AE29


Effect of Parole of Cuban and Haitian Nationals on Resettlement 
Assistance Eligibility

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the Immigration and Naturalization 
Service (``the Service'') regulations to clarify that nationals of Cuba 
or Haiti who were paroled into the United States since October 10, 
1980, are to be considered to have been paroled in an immigration 
status referred to in section 501(e)(1) of the Refugee Education 
Assistance Act of 1980, as amended. This rule is necessary to ensure 
that these aliens are not inadvertently considered to hold an 
immigration status other than the status referred to in section 
501(e)(1).

DATES: This interim rule is effective July 12, 1996. Written comments 
must be received on or before September 10, 1996.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street NW., Room 5307, Washington, DC 
20536, Attn: Public Comment Clerk. To ensure proper handling, please 
reference the INS Number 1751-96 on your correspondence. Comments are 
available for public inspection at this location by calling (202) 514-
3048 to arrange an appointment.

FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Associate General 
Counsel, Chief of Examinations Division, Office of the General Counsel, 
Suite 6100, 425 I Street NW., Washington, DC 20536, telephone: (202) 
514-2895.

SUPPLEMENTARY INFORMATION: Section 501 of the Refugee Education 
Assistance Act of 1980, Public Law 96-422, dated October 10, 1980, as 
amended, provides for certain assistance to and on behalf of aliens 
paroled into the United States from Cuba and Haiti. Under section 
501(e)(1), and alien paroled as a ``Cuban-Haitian Entrant (Status 
Pending),'' or in some other ``special status * * * for nationals of 
Cuba or Haiti'' is eligible for this assistance, even it the alien has 
acquired permanent residence, or some other immigration status, at the 
time assistance is sought. Under section 501(e)(2), by contrast, Cuban 
or Haitian nationals who are paroled in some parole status other than 
the ``special status'' are eligible for assistance only so long as they 
have not acquired some other immigration status.
    Recent high volume influxes of aliens from Cuba, in particular, 
have resulted in the parole of aliens, without a clear indication that 
their parole is in a ``special status'' for Cubans and Haitians. For 
example, due to clerical oversight the Forms I-94, Arrival-Departure 
Record, issued to these aliens often have not borne any endorsement to 
show that their parole gives them an immigration status that is within 
the scope of section 501(e)(1). This interim rule amends 8 CFR 212.5 to 
clarify that these aliens, and any Haitian nationals as well, paroled 
on or after October 10, 1980, are to be considered to have been paroled 
in the status referred to in section 501(e)(1). This amendment will 
make it clear that these aliens have been, and remain, in the 
immigration

[[Page 36611]]

status referred to in section 501(e)(1), even if they have since 
acquired some other immigration status. Exceptions are made for aliens 
paroled for criminal prosecution or solely in order to testify in some 
official proceedings in the United States.
    This interim rule is an interpretive rule. For this reason, the 
Commissioner of the Immigration and Naturalization Service may properly 
adopt this rule without the prior notice and comment period that is 
ordinarily required. 5 U.S.C. 553(b). Because of the urgent need to 
clarify the immigration status of these aliens, and to make it clear 
that they hold an immigration status referred to in section 501(e)(1), 
the Commissioner finds that good cause exists to make this rule 
effective upon publication in the Federal Register. The Service 
believes that this interim rule accurately distinguishes the 
immigration status categories established by sections 501(e)(1) and 
501(e)(2), but will consider any comments addressing this issue that 
are received during the comment period.
    In accordance with 5 U.S.C. 605(b), the Commissioner certifies that 
this rule does not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandate Reform Act of 1995

    This interim rule is not a Federal intergovernmental mandate, as 
defined by 2 U.S.C. 658(5). For this reason, it is not necessary to 
conduct the analysis provided for under 2 U.S.C. 1532, to develop the 
small government agency plan under 2 U.S.C. 1533, to solicit State, 
local or tribal government input under 2 U.S.C. 1534, or to justify 
this rule as the least burdensome alternative under 2 U.S.C. 1535.

Small Business Regulatory Enforcement Fairness Act of 1996

    This interim rule is not a major rule, as defined by 5 U.S.C. 
804(2).

Executive Order 12866

    This rule is 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 conducted the 
required review.

Executive Order 12612

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilties 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 212

    Administrative practice and procedure, Aliens, Immigration. 
Accordingly, part 212 of chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    1. The authority citation for part 212 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
1226, 1227, 1228, 1252; 8 CFR part 2.

    2. Section 212.5 is amended by adding a new paragraph (g), to read 
as follows:


Sec. 212.5  Parole of aliens into the United States.

* * * * *
    (g) Effect of parole of Cuban and Haitian nationals. (1) Except as 
provided in paragraph (g)(2) of this section, any national of Cuba or 
Haiti who was paroled into the United States on or after October 10, 
1980, shall be considered to have been paroled in the special status 
for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the 
Refugee Education Assistance Act of 1980, Public Law 96-422, as amended 
(8 U.S.C. 1522 note).
    (2) A national of Cuba or Haiti shall not be considered to have 
been paroled in the special status for nationals of Cuba or Haiti, 
referred to in section 501(e)(1) of the Refugee Education Assistance 
Act of 1980, Public Law 96-422, as amended, if the individual was 
paroled into the United States:
    (i) In the custody of a Federal, State or local law enforcement or 
prosecutorial authority, for purposes of criminal prosecution in the 
United States; or
    (ii) Solely to testify as a witness in proceedings before a 
judicial, administrative, or legislative body in the United States.

    Dated: July 2, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-17674 Filed 7-11-96; 8:45 am]
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