[Federal Register Volume 61, Number 140 (Friday, July 19, 1996)]
[Rules and Regulations]
[Pages 37673-37675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18343]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 264

[INS No. 1686-95]
RIN 1115-AD87


Removal of Form I-151, Alien Registration Receipt Card, From the 
Listing of Forms Recognized as Evidence of Registration for Lawful 
Permanent Resident Aliens

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations of the Immigration and 
Naturalization Service (INS) by removing Form I-151, Alien Registration 
Receipt Card, from the

[[Page 37674]]

listing of forms recognized as evidence of registration as a lawful 
permanent resident alien. This rule is necessary to complete the 
establishment of the current Alien Registration Receipt Card, Form I-
551, as the exclusive registration card authorized for use by permanent 
resident aliens.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT:
 Gerard Casale, Senior Adjudications Officer, Immigration and 
Naturalization Service, Room 3214, 425 I Street NW., Washington, DC 
20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

    Section 264(d) of the Immigration and Nationality Act (the Act) 
provides that every immigrant alien required to register under section 
262 of the Act ``shall be issued a certificate of alien registration or 
an alien registration receipt card in such form and manner and at such 
time as shall be prescribed under regulations issued by the Attorney 
General.'' Regulations on this subject, issued under the Attorney 
General's authority by the INS, are contained in 8 CFR part 264. In 
particular, 8 CFR 264.1(a) lists the forms prescribed by the Service 
for the registration of aliens under the Act.
    On September 20, 1993, the INS published a final rule in the 
Federal Register at 58 FR 48775-48780, which provided that the current 
Form I-551 Alien Registration Receipt Card would be established as the 
exclusive form of registration for lawful permanent resident aliens, by 
terminating the validity of the old Form I-151, Alien Registration 
Receipt Card. The reasons for terminating the validity of the Form I-
151 card were discussed in a previous notice of proposed rulemaking 
published on May 28, 1993, at 58 FR 31000-31003. The final rulemaking 
published on September 20, 1993, also addressed the public comments 
which had been solicited on that subject. The INS concluded that, since 
it was no longer sound public policy to recognize Alien Registration 
Receipt Cards which predate the current Form I-551, the Form I-551 card 
must be established as the exclusive Alien Registration Receipt Card. 
The rule provided for removal of Form I-151 from 8 CFR parts 204, 211, 
223, 223a, 235, 251, 252, 274a, 299, 316, and 334, effective September 
20, 1994. It also amended 8 CFR part 264 to provide procedures, 
effective October 20, 1993, by which bearers of the old Form I-151 card 
can apply to replace it with the current Form I-551 card.
    On September 14, 1994, the INS published a final rule (see 59 FR 
47063) that delayed the effective date of the amendments to 8 CFR parts 
204, 211, 223, 235, 251, 252, 274a, 299, 316, and 334, from September 
20, 1994, until March 20, 1995. Subsequently, the INS published another 
final rule on March 17, 1995 (see 60 FR 14353), which again deferred 
the effective date of those changes to March 20, 1996.
    It later came to the attention of the INS that the intended removal 
of Form I-151 from the list of forms prescribed in 8 CFR 264.1(b) as 
evidence of registration for resident aliens had been inadvertently 
omitted from the previous rulemaking process. Therefore a proposed rule 
published on May 24, 1995, at 60 FR 27441-27442, provided for the 
removal of the Form I-151 card from that list. The effective date of 
removal originally was set for March 20, 1996, the same date on which 
the other remaining references to Form I-151 as a valid registration 
card were terminated under the final rule published March 17, 1995. 
Interested persons were invited to submit written comments on or before 
July 24, 1995.
    The Service received one written comment regarding the proposed 
rule. Since the closing of the period for public comment, no new 
factors have impacted the issues raised and discussed in the proposed 
rule. The following discussion summarizes the Service's conclusions, 
including issues raised by the commenter.

Removal of Form I-151 From the List of Prescribed Service Forms

    The previous rule published on September 20, 1993, provided for 
removal of the Form I-151 Alien Registration Receipt Card from the list 
of prescribed INS forms in 8 CFR part 299. In addition, this rule 
removes Form I-151 from a similar listing in 8 CFR 264.1, relating to 
forms recognized as evidence of registration for lawful permanent 
residence. It completes the establishment of the current Form I-551 
card as the exclusive registration document for lawful permanent 
residents, a declared policy objective since the first Form I-151 card 
replacement program was published in the Federal Register in June 1992.

Returning Immigrants Not in Possession of Valid Form I-551 Cards

    In order to effectively establish the current Form I-551 card as 
the exclusive registration document for permanent resident aliens, the 
previously cited final rule of September 20, 1993, provided that the 
old Form I-151 card would no longer be a valid document. In particular, 
8 CFR 211.1, 211.3, 211.5, and 235.9 were amended to remove references 
to the Form I-151 as a valid document for admission to the United 
States at Ports-of-Entry. These changes were twice published in the 
Federal Register: once in the proposed rule dated May 28, 1993, and 
again in the final rule dated September 20,1 993, cited above. Although 
public comments regarding various provisions of the proposed rule were 
received, none raised an objection regarding the amendments to 8 CFR 
parts 211 and 235.
    In response to the present rule, the single commenter expressed 
concern that on the date when the old Form I-151 would cease to be a 
valid entry document for the purposes of admission to the United States 
there would be some bearers of Form I-151 card outside the United 
States, unaware that the validity of the card had terminated. He 
proposed that air carriers that return such aliens to the United States 
be exempted from the administrative fines which section 273 of the Act 
prescribes for transportation companies that bring immigrants who are 
not in possession of a valid immigrant visa. The commenter's discussion 
on this point is not timely. The rule which amended the documentary 
requirements of 8 CFR 211.1(b) to require returning permanent resident 
aliens to present a valid Form I-551 Alien Registration Receipt Card at 
a Port-of-Entry became final more than 2 years ago, on September 20, 
1993. As previously stated, no objections were raised during the public 
comment period preceding adoption of that rule.
    In meritorious cases of permanent resident aliens who arrive at a 
Port-of-Entry with an expired Form I-151 card, the Act and INS 
regulations allow the INS to grant discretionary relief. 8 CFR 
211.1(b)(3) provides that an immigrant returning to an unrelinquished 
lawful permanent residence who can satisfy the district director in 
charge of the Port-of-Entry that there is good cause for his or her 
failure to present a valid Form I-551 Alien Registration Receipt Card 
may be granted a waiver of that requirement upon the filing of either a 
Form I-193 visa waiver application or a Form I-90 card replacement 
application. Moreover, section 273(e)(2) of the Act grants the INS 
authority to waive a carrier's liability for transporting such an 
alien, provided it has determined that the circumstances justify such a 
waiver.
    An INS policy memorandum HQ 70/28-P/HQ 70/11.1-P, dated March 19, 
1996, provided that the implementation of the final rule terminating 
the validity of the Form I-151 card was deferred to

[[Page 37675]]

April 20, 1996. The memorandum also provides transitional procedures 
for the processing of returning lawful permanent residents in 
possession of Form I-151 who apply for admission to the United States 
at Ports-of-Entry after March 20, 1996. Pursuant to that memorandum and 
until further notice, lawful permanent resident aliens who present a 
Form I-151 card, have not made a prior entry since March 20, 1996, and 
are found to be otherwise admissible to the United States will be 
admitted and furnished with instructions for the filing of a Form I-90, 
Application for Replacement Alien Registration Card, and/or 
instructions regarding the documentation necessary to apply for any 
subsequent readmission to the United States. The memorandum further 
provides that, until further notice, the INS Port-of-Entry will not 
recommend fines under section 273 of the Act against carriers that 
transport lawful permanent resident aliens bearing Form I-151 cards.

Regualtory 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 adverse economic impact on a substantial 
number of small entities because of the following factors. The 
provisions of this rule merely clarify the requirements of existing 
regulations regarding the documentation of lawful permanent resident 
aliens. Therefore, the new provisions will have no significant adverse 
economic impact on the small entities.

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).

Executive Order 12612

    The regulations proposed 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 264

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 264 of chapter I of Title 8 of the Code of 
Federal Regulations is amended as follows:

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
STATES

    1. The authority citation for part 264 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.


Sec. 264.1  [Amended]

    2. In Sec. 264.1, paragraph (b) is amended by removing the Form 
Number and Class Reference to Form ``I-151'' from the listing of forms.

    Dated: May 29, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-18343 Filed 7-18-96; 8:45 am]
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