[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53609-53610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26281]



[[Page 53609]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[EOIR No. 115I; A.G. Order No. 2058-96]

8 CFR Part 292

RIN 1125-AA16


Representation and Appearances: Law Students and Law Graduates

AGENCY: Executive Office for Immigration Review, Immigration and 
Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule with request for comments revises two of the 
current restrictions supervising and compensating law students and law 
graduates who wish to represent aliens before the Immigration and 
Naturalization Service and the Executive Office for Immigration Review, 
including the Board of Immigration Appeals and the Immigration Courts. 
The number of immigration cases, and thus the number of representatives 
needed, has increased in recent years. This revision will expand the 
pool of law students and law graduates eligible to represent aliens in 
such hearings.

DATES: Effective Date: October 15, 1996.
    Comments: Written comments must be received on or before December 
16, 1996.

ADDRESSES: All comments concerning this interim rule should be 
addressed to both Margaret M. Philbin, General Counsel, Executive 
Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls 
Church, Virginia 22041, and Janice B. Podolny, Associate General 
Counsel, Immigration and Naturalization Service, 425 I Street, NW., 
Suite 6100, Washington, DC 20536.

FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration 
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, 
telephone (703) 305-0470, or Janice B. Podolny, Associate General 
Counsel, Immigration and Naturalization Service, 425 I Street, NW., 
Suite 6100, Washington, DC 20536, telephone (202) 514-2895.

SUPPLEMENTARY INFORMATION: This interim rule with request for comments 
amends 8 CFR part 292 by revising two of the current restrictions on 
law students and law graduates who wish to represent aliens before the 
Immigration and Naturalization Service (INS) and the Executive Office 
for Immigration Review (EOIR), including the Board of Immigration 
Appeals and the Immigration Courts. Currently section 292.1(a)(2) 
requires that a law student who wishes to appear before INS and/or EOIR 
file a statement that he or she is participating, under the direct 
supervision of a faculty member or an attorney, in a legal aid program 
or clinic conducted by a law school. This interim rule amends this 
provision to also allow a law student to appear before INS and/or EOIR 
if he or she is under the direct supervision of an attorney in a legal 
aid program or clinic conducted, by a non-profit organization. This 
amendment merely permits law students, like law graduates, to appear 
while participating in an independent legal aid program.
    In addition, sections 292.1(a) (ii) and (iii) of the current 
regulations require that law students and law graduates appear before 
INS and/or EOIR without direct or indirect remuneration. This interim 
rule amends this provision by requiring that law students and law 
graduates appear before INS and/or EOIR without direct or indirect 
remuneration from the alien who they represent.
    This interim rule expands the pool of competent, properly 
supervised representatives for individuals who might otherwise be 
unable to obtain legal representation by removing these two 
restrictions upon law students and law graduates. The number of 
immigration cases completed in fiscal year 1995 totaled more than 
168,000, and the need for individuals to represent these aliens has 
increased. Under this revised regulation, more law students and law 
graduates will be available to represent aliens in immigration 
proceedings because participants in legal aid clinics or programs 
sponsored by both law schools and non-profit organizations will be 
eligible. These law students and law graduates will also be able to 
accept compensation for their work so long as they are not paid, either 
directly or indirectly, by the alien whom they represent. This will 
allow law students and law graduates to work through legal aid clinics 
or programs which provide representation to aliens in immigration 
proceedings on a pro bono basis. The law student or law graduate still 
must have the permission of the official before whom he or she is 
appearing. A law student must be appearing under the direct supervision 
of a faculty member or licensed attorney. A law graduate may appear 
under the supervision of a licensed attorney or an accredited 
representatives. These safeguards ensure that those individuals who 
have yet to be admitted to a state bar are closely supervised by an 
experienced attorney, a professor, or an accredited representative 
while representing aliens.
    EOIR's and INS's implementation of this rule as an interim rule, 
with provisions for post-promulgation public comment, is based upon the 
``good cause'' exceptions found at 5 U.S.C. 553 (b) and (d). The 
reasons and the necessity for immediate implementation of this interim 
rule are as follows: The immediate implementation of this rule will 
expand the pool of competent, properly supervised representatives while 
also maintaining the supervision requirement for law students and law 
graduates. This interim rule provides a benefit to aliens who seek 
legal representation by enabling them to more easily identify, retain, 
and afford such representation. A notice and comment period for a 
proposed rule therefore would have been unnecessary and contrary to the 
public interest.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605(b), the Attorney General certifies 
that this rule affects only individuals in need of legal representation 
before INS and/or EOIR and does not have a significant economic impact 
on a substantial number of small entities.

Executive Order 12866

    The Attorney General has determined that this rule is not a 
significant regulatory action under Executive Order No. 12866, and 
accordingly this rule has not been reviewed by the Office of Management 
and Budget.

Executive Order 12612

    This rule has no Federalism implications warranting the preparation 
of a Federalism Assessment in accordance with Executive Order No. 
12612.

Executive Order 12988

    The rule complies with the applicable standards provided in 
sections 3(a) and 3(b)(2) of Executive Order No. 12988.

List of Subjects in 8 CFR Part 292

    Administrative practice and procedure, Immigration, Lawyers, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, part 292 of chapter I of 
Title 8 of the Code of Federal Regulations is amended as follows:

PART 292--REPRESENTATION AND APPEARANCES

    1. The authority citation for part 292 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1252b, 1362.


[[Page 53610]]


    2. In Sec. 292.1, paragraphs (a)(2) (ii) and (iii) are revised to 
read as follows:


Sec. 292.1  Representation of others.

    (a) * * *
    (2) * * *
    (ii) In the case of a law student, he or she has filed a statement 
that he or she is participating, under the direct supervision of a 
faculty member or an attorney, in a legal aid program or clinic 
conducted by a law school or non-profit organization, and that he or 
she is appearing without direct or indirect remuneration from the alien 
he or she represents;
    (iii) In the case of a law graduate, he or she has filed a 
statement that he or she is appearing under the supervision of a 
licensed attorney or accredited representative and that he or she is 
appearing without direct or indirect remuneration from the alien he or 
she represents; and
* * * * *
    Dated: October 7, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-26281 Filed 10-11-96; 8:45 am]
BILLING CODE 4410-01-M