[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Pages 23634-23635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11279]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 292

[EOIR No. 115F; A.G. Order No. 2081-97]
RIN 1125-AA16


Executive Office for Immigration Review; Representation and 
Appearances: Law Students and Law Graduates

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule revises two of the current restrictions on 
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.

EFFECTIVE DATE: This final rule is effective June 2, 1997.

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: On October 15, 1996, the Executive Office 
for Immigration Review (EOIR) and the Immigration and Naturalization 
Service (INS) published and interim rule with request for comments in 
the Federal Register (61 FR 53609) amending 8 CFR part 292 by revising 
two of the current restrictions on law students and law graduates who 
wish to represent aliens before the INS and EOIR, including the Board 
of Immigration Appeals and the Immigration Courts. This final 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.
    In response to the above rulemaking, EOIR and INS received one 
public comment. The commenter noted that the interim rule required law 
students to be supervised by a faculty member or an attorney, but did 
not provide for their supervision by an accredited representive. The 
commenter pointed out that limiting law students' supervision to 
faculty members or attorneys would limit the availability of law 
students for pro bono representation, since many non-profit 
organizations are staffed by accredited representatives and not 
licensed attorneys.

[[Page 23635]]

    Since the primary purpose of this rule is to expand the pool of 
competent, properly supervised representative for individuals who might 
otherwise be unable to obtain legal representation, this comment will 
be accepted.
    In addition, the reference to INS ``regional commissioner'' in 8 
CFR Sec. 292.1(a)(2)(iv) has been deleted and replaced with ``regional 
director'' in order to reflect a change in the official title of these 
INS officials.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec. 804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

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. No additional costs will be 
incurred as a result of this rule. The purpose of this rule is merely 
to expand the pool of competent, properly supervised representatives 
for individuals who might otherwise be unable to obtain legal 
representation.

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.

    2. In Sec. 292.1, paragraphs (a)(2)(ii), (iii), and (iv) 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, licensed attorney, or accredited representative, 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
    (iv) The law student's or law graduate's appearance is permitted by 
the official before whom he or she wishes to appear (namely an 
immigration judge, district director, officer-in-charge, regional 
director, the Commissioner, or the Board). The official or officials 
may require that a law student be accompanied by the supervising 
faculty member, attorney, or accredited representative.
* * * * *
    Dated: April 24, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-11279 Filed 4-30-97; 8:45 am]
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