[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Rules and Regulations]
[Pages 27660-27661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12840]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 207
[INS No. 1999-99]
RIN 1115-AF49
Application for Refugee Status; Acceptable Sponsorship Agreement
and Guaranty of Transportation
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: Section 207 of the Immigration and Nationality Act (Act)
authorizes the Attorney General to admit refugees to the United States
under certain conditions, including those provided for by regulation.
The Immigration and Naturalization Service (Service) regulations
require that sponsorship agreements be secured before an applicant is
granted admission as a refugee at a U.S. port-of-entry (POE). The
determination of whether or not someone is classified as a refugee is
described in the Act as a separate decision from whether a refugee may
be admitted to the United States in refugee status. This rule amends
the Service regulations by removing language that erroneously implies
that the Service requires a sponsorship agreement and guaranty of
transportation prior to determining whether an applicant is a refugee.
This rule is necessary to clarify issues that may appear ambiguous in
the existing regulation, and provides more advantageous treatment for
the limited number of applicants for refugee status who have their
Service interviews before sponsorship agreements have been secured.
DATES: Effective date: This interim rule is effective May 21, 1999.
Comment date: Written comments must be submitted on or before July
20, 1999.
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. To ensure proper handling, please reference INS number 1999-99
on your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Kathleen Thompson, Office of
International Affairs, Immigration and Naturalization Service, 425 I
Street, NW, Washington, DC 20536, Telephone (202) 305-2662.
SUPPLEMENTARY INFORMATION: Section 207 of the Act authorizes the
Attorney General to admit refugees to the United States under certain
conditions. By regulation, sponsorship is required before a refugee can
be admitted to the United States. Sponsorship ensures refugees who are
admitted to the United States transportation, housing, and assistance
in this country. Sponsorship is a requirement separate and apart from
the determination that an applicant is classified as a refugee. The
current regulations at 8 CFR 207.2(d), states that: ``[t]he application
for refugee status will not be approved until the Service receives an
acceptable sponsorship agreement and guaranty of transportation in
[sic] behalf of the applicant.''
This sentence may inappropriately imply that there is a requirement
to have secured sponsorship in advance of a determination to be
classified as a refugee, which is not the case. The Service has never
required the sponsorship assurance before determining whether an
applicant meets the definition of refugee under section 101(a)(42) of
the Act.
All refugees seeking admission to the United States must satisfy
the statutory and regulatory requirements before the Service can admit
them to the United States. For example, a refugee must have a sponsor
at the time he or she appears at a U.S. POE with an approved Form I-
590, Registration for Classification as Refugee, in order to be
admitted as a refugee. If the required sponsorship has not been secured
or the required medical screening has not been completed, and the
refugee arrives at a U.S. POE, the immigration inspector cannot admit
the refugee.
Good Cause Exception
This interim rule is effective upon date of publication in the
Federal Register, although the Service invites post-promulgation
comments within a 60-day comment period and will address any such
comments in a final rule. For the following reasons, the Service finds
that good cause exists under 5 U.S.C. 553(b)(B) and (d)(3) for
implementing this rule as an interim rule without the prior notice and
comment period ordinarily required under this provision. This rule
simply clarifies issues that may appear ambiguous in the existing
regulation, and provides more advantageous treatment for the limited
number of applicants for refugee status who have their Service
interviews before sponsorship agreements have been secured. Early
implementation will be advantageous to the intended beneficiaries of
this rule. Therefore, it is unnecessary and contrary to the public
[[Page 27661]]
interest to delay the implementation of this rule until after a notice
and comment period.
Regulatory Flexibility Act
The Commissioner, Immigration and Naturalization Service, in
accordance with 5 U.S.C. 605(b), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities because of
the following factors: This rule clarifies the difference between
refugee classification and refugee status. It also clarifies the timing
and significance of those determinations. This change will not affect
small entities.
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
million or more in any 1 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 section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more, a
major increase in costs 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.
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. Accordingly, the Office of Management and Budget has waived
its review process under section 6(a)(3)(A).
Executive Order 12612
The regulation adopted 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.
Executive Order 12988 Civil Justice Reform
This interim rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 207
Immigration, Refugees, Reporting and recordkeeping requirements.
Accordingly, part 207 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 207--ADMISSION OF REFUGEES
1. The authority citation for part 207 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1158, 1159, 1182; 8
CFR part 2.
Sec. 207.2 [Amended]
2. In Sec. 207.2, paragraph (d) is amended by removing the last
sentence.
Dated: May 11, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-12840 Filed 5-20-99; 8:45 am]
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