[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Pages 8140-8141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3981]


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LEGAL SERVICES CORPORATION


Public Hearing; Comment Request

AGENCY: Legal Services Corporation.

ACTION: Request for comments and notice of public hearings of 
Commission authorized by the Legal Services Corporation to study the 
issue of when aliens must be present in the United States to be 
eligible for legal assistance from Corporation-funded programs.

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SUMMARY: The Legal Services Corporation (``LSC'' or ``Corporation'') 
has formed and authorized a Commission to hold public hearings and 
study the meaning of a statutory requirement in the Corporation's 
appropriations act that an alien be present in the United States in 
order to be eligible for legal assistance from LSC-funded programs 
(hereinafter referred to as ``the presence requirement''). This notice 
provides preliminary information on the public hearings that will be 
held by the Commission and also requests written comments on the 
presence requirement. In addition to written comments, requests from 
interested parties to provide oral testimony at the hearings will be 
accepted. The public hearings and comments are intended to aid the 
Commission compile a factual record and prepare findings to be 
transmitted to the Corporation's Board

[[Page 8141]]

of Directors, along with recommendations, to inform the Corporation's 
interpretation of the presence requirement and to provide the basis for 
any remedial action, such as a rulemaking or a request for legislative 
action by the Congress.

DATES: Comments and requests to provide oral testimony should be 
received by the Corporation on or before March 22, 1999.

ADDRESSES: Comments and requests should be submitted to the Office of 
the General Counsel, Legal Services Corporation, 750 First St. NE., 
11th Floor, Washington, DC 20002-4250.

FOR FURTHER INFORMATION CONTACT: Suzanne B. Glasow, Office of the 
General Counsel, 202-336-8817.

SUPPLEMENTARY INFORMATION: The Corporation's appropriations act 
prohibits LSC-funded recipients from providing legal assistance to an 
alien unless the alien is present in the United States and falls into 
certain delineated categories. See Section 504(a)(11) of Pub. L. 104-
134, incorporated by reference in Pub. L. 105-277. Although there is 
general agreement that present in the United States means to be 
physically in the United States, it is not clear when an alien must be 
present. One interpretation of the language would require an alien to 
be physically present in the United States any time the alien is 
provided legal assistance from an LSC recipient. Another is that the 
alien must be physically present only when legal representation is 
commenced. A third is that the alien must be physically present only 
when the cause of action for which the recipient provides legal 
assistance occurs.
    Although the presence requirement applies to all categories of 
aliens listed in the Corporation's appropriations act, the aliens most 
affected are the seasonal agricultural workers, which would include H-
2A workers, Special Agricultural Workers (SAWS), and permanent resident 
aliens who perform seasonal agricultural work. For example, H-2A 
workers, as a rule, are not in the United States long enough for the 
resolution of many of their legal matters, making effective 
representation for this class of aliens questionable. Similarly, it is 
not uncommon for permanent resident aliens who are farm workers to 
temporarily leave the United States at the end of the agricultural 
season while their legal matters are still pending.
    On November 16, 1998, the Corporation's Board of Directors 
(``Board'') voted to confer on the Board Chairman the authority to 
establish a special panel to study the issue and make a report to the 
Board with recommendations to inform the Corporation's interpretation 
of the presence requirement. See LSC Board Resolution 98-011. 
Subsequently, a Commission was established and the Commission held an 
organizational meeting at the Corporation on February 2, 1999. Members 
of the Commission are John N. Erlenborn, Chairman (member of the LSC 
Board); Professor T. Alexander Aleinikoff, Georgetown University Law 
Center; Gilbert F. Casellas, Esquire, The Swarthmore Group; Professor 
Sarah H. Cleveland, University of Texas School of Law; Professor Nancy 
H. Rogers, Ohio State University College of Law (member of the LSC 
Board). Serving as the reporter for the Commission is Professor Enid 
Trucios-Haynes, Louis D. Brandeis School of Law, University of 
Louisville.

Public Comment

    The Commission seeks public comment on the facts and circumstances 
surrounding the representation of aliens who are affected by the 
presence requirement, with a particular emphasis on seasonal 
agricultural workers. Comments are specifically requested on the 
following questions. How long are seasonal agricultural workers 
typically in the United States? When does the seasonal agricultural 
worker normally seek legal representation? What are the common claims 
of seasonal agricultural workers seeking legal representation? When do 
the claims of seasonal agricultural workers generally ripen? How long 
does it typically take to resolve a seasonal agricultural worker's 
legal claims? What is the established practice of LSC recipients in 
representing seasonal agricultural aliens? What is the likelihood that 
private counsel is available to represent aliens who are in the United 
States under temporary visas or who may temporarily leave the United 
States? Under what circumstances do seasonal agricultural workers 
commonly leave the United States? What are the implications of the 
presence requirement on recipient attorneys' professional obligations 
to their clients?

Oral testimony

    Oral testimony at the public hearings will be at the invitation of 
the Commission. Any person interested in providing oral testimony may 
submit a written request to do so in the written public comments or in 
a separate correspondence.

Public Hearings

    Two public hearings will be held by the Commission. The two 
hearings are scheduled for March 27, 1999, and April 10, 1999. 
Additional information on the hearings will be noticed in the Federal 
Register.

    Dated: February 12, 1999.
Victor M. Fortuno,
General Counsel.
[FR Doc. 99-3981 Filed 2-17-99; 8:45 am]
BILLING CODE 7050-01-P