[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Rules and Regulations]
[Pages 68616-68618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31694]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 235

[INS No. 2026-99]
RIN 1115-AF60


Extension of 25-Mile Limit at Select Arizona Ports-of-Entry

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations to extend the distance Mexican nationals may 
travel into the United States without obtaining additional immigration 
documentation at selected ports-of-entry (POEs) along the United States 
and Mexico border. The selected POEs are located in the State of 
Arizona at Sasabe, Nogales, Mariposa, Douglas, and Naco. Once visitors 
to Arizona meet the inspection requirements of legal entry to the 
United States, they will be able to travel within the 75-mile border 
region of Arizona. This rule is intended to promote commerce in the 
southern Arizona border area while still ensuring that sufficient 
safeguards are in place to prevent illegal entry to the United States.

DATES: Effective date: This interim rule is effective December 8, 1999.
    Comment date: Written comments must be submitted on or before 
February 7, 2000.

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 No. 2026-99 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: Paul M. Morris, Assistant Chief 
Inspector, Immigration and Naturalization Service, 425 I Street, NW., 
Room 4064, Washington, DC 20536, telephone (202) 305-2970.

SUPPLEMENTARY INFORMATION:

What Change Is Being Made by This Rule?

    This interim rule amends 8 CFR 235.1(f)(1) by extending from 25 to 
75 miles the distance Mexican nationals who meet the inspection 
requirements for legal entry at selected POEs in Arizona along the 
United States and Mexico border may travel into the United States 
without obtaining additional immigration documentation. The selected 
POEs are located in the State of Arizona at Sasabe, Nogales, Mariposa, 
Douglas, and Naco. Mexican nationals admitted at these POEs may travel 
in Arizona within 75 miles of the border without obtaining Form I-94, 
Arrival and Departure Record, and may remain in the United States for a 
period not to exceed 72 hours. Mexican nationals admitted as 
nonimmigrant visitors at the Mexican border POEs in the State of 
Arizona at Sasabe, Nogales, Mariposa, Naco or Douglas for a period not 
to exceed 72 hours, may also travel within 25 miles of the border in 
the State of California, New Mexico and Texas as long as they remain 
within 25 miles of the border while in those states.

What Are the Current Requirements for Mexican Nationals Entering 
the United States?

    Since 1953, Mexico and the United States have agreed to make 
special accommodations for Mexican nationals who cross the border into 
the immediate border area to promote the economic stability of the 
region. The Service has helped promote border commerce by permitting 
travel within 25 miles of the boundary for less than 72 hours without 
additional documentation other than that needed to be admitted to the 
United States. Frequent Mexican visitors may obtain and use border 
crossing identification cards (BCCs) such as the Service-issued Forms 
I-186 or I-586, Mexican Nonresident Alien Border Crossing Card, and 
Form DSP-150, B1/B2 Visa and Border Crossing Card, issued by the 
Department of State and commonly called the ``Laser Visa'' (see 8 CFR 
part 212.6). BCCs allow qualified persons who frequently cross the 
United States and Mexico border to be admitted to the United States 
more quickly and without further documentation while still preserving 
the integrity and security of the admissions process. Current 
regulations also require Mexican nationals who seek to enter the United 
States for more than 72 hours, and/or to travel farther than 25 miles 
from the United States and Mexico border to obtain Form I-94.

Why Is the Service Making This Change?

    With passage of the North American Free Trade Agreement in 1994, 
commerce, travel, and tourism across the United States and Mexico 
border into neighboring communities have increased the economic 
interdependence of cities located in the border area.
    Currently Sonora, Mexico, and the State of Arizona form one of the 
fastest growing cross-border regions. However, unlike the other border 
States, Arizona has no large city within the Service-defined zone of 25 
miles. The first large city from the border in central/southeastern 
Arizona is Tucson which is about 55 air miles from the United States/
Mexico border and from 60 to 75 miles away from the five nearest POEs. 
According to the current regulations at 8 CFR 235.1(f)(1) a Tucson-
bound Mexican businessperson, tourist, or shopper must acquire 
additional documentation just to engage in the same routine activities 
that occur daily at every other major crossing point along the border. 
These routine legal border crossers have to spend additional time at 
the POE to obtain a Form I-94 and must pay a fee of $6.
    To address concerns from city officials in Tucson, surrounding 
communities, travelers in southern Arizona, and trade organizations 
such as the Border Trade Alliance, by this rule the Service will extend 
the distance limit to 75 miles within Arizona. A businessperson, 
tourist, or shopper will still be required to meet all the requirements 
for legal entry into the United States. The city of Tucson estimates 
that this change in the distance limit will greatly expand commercial 
activity in the city and in smaller towns between Tucson and the 
border. The city of Tucson conducted a study indicating that, after 
implementation of this rule, the

[[Page 68617]]

commercial gain from Mexican visitors is estimated to reach $56.3 
million a year.

How Can Mexican Nationals Travel Beyond the 75-Mile Limit or Stay 
in the United States for Longer Than 72 Hours?

    The change announced in this rule does not apply to a Mexican 
national who intends to go beyond the 75-mile limit in Arizona or who 
wishes to stay in the United States for more than 72 hours. In such a 
case, the Mexican national must obtain a Form I-94 and pay the $6 fee, 
in accordance with existing requirements.

Does the Service Intend To Expand the 25-Mile Limit at Other United 
States and Mexico Border POEs?

    The Service believes that this regulatory change responds to the 
unique circumstances of central/southeastern Arizona. There is 
currently no plan to test this approach elsewhere along the Southwest 
Border where cross-border commerce appears to occur routinely within 
the existing 25-mile regulatory limit.

How Will This Rule Affect the Border Patrol and Other Enforcement 
Operations?

    Once this interim rule takes effect, the Service will monitor and 
evaluate any changes in the patterns of violations of terms of 
admission that may occur. In addition, the Service shall monitor data 
on apprehensions of those Mexican BCC holders who do not have an 
approved Form I-94 and who violate their terms of admission by 
remaining in the United States for more than 72 hours or who travel 
beyond the 75 mile limit set by this rule.

What Fiscal Impact Will This Rule Have on the Service?

    The Service estimates that this rule will eliminate the need for 
Mexican nationals to obtain approximately 50,000 Forms I-94 annually, 
at a cost to them of $6.00 per form. The annual loss of approximately 
$300,000 in revenue to the Service will be partially offset by the 
reduction in traffic congestion at the affected POEs, the facilitated 
entry of a greater percentage of travelers, and the elimination of 
Service staff time required to issue those Forms I-94.

Good Cause Exception

    Implementation of this rule as an interim rule with an immediate 
effective date and with provision for post-promulgation public comments 
is based upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) 
and (d)(1). The reasons for immediate implementation of this interim 
rule are as follows: This rule removes a restriction on travel within 
the State of Arizona for Mexican nationals who meet all the 
requirements for legal entry into the United States. The removal of 
this restriction is intended to facilitate travel within the State of 
Arizona, and to expand commercial activity in Tucson and in smaller 
towns between Tucson and the United States and Mexico border. Delaying 
the elimination of this restriction would be unnecessary and contrary 
to the public interest.

Regulatory 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 economic impact on a substantial number of 
small entities. The city of Tucson estimates that the change in 
regulation will greatly expand commercial activity in the city and in 
smaller towns between Tucson and the border. City officials estimate 
the commercial gain from Mexican Visitors will reach $56.3 million a 
year. Although this rule will likely have some economic impact on small 
entities, the impact should not be substantial. This rule is intended 
to increase commercial activity for small and large entities in the 
United States.

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. The 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, 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, this rule has not been 
reviewed by the Office of Management and Budget (OMB).

Executive Order 13132

    This regulation 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 section 6 
of Executive Order 13132,it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

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 235

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

    Accordingly, part 235 of chapter I of Title 8 of the Code of 
Federal Regulations is amended as follows:

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

    1. The authority citation for part 235 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225, 
1226, 1227, 1228, 1252; 8 CFR part 2.

    2. Section 235.1 is amended by:
    a. Revising paragraph (f)(1)(iii);
    b. Removing the period at the end of paragraph (f)(1)(iv), and 
adding in its place ``; or'' and by
    c. Adding a new paragraph (f)(1)(v), to read as follows:


Sec. 235.1  Scope of examination.

* * * * *
    (f) * * *
    (1) * * *
    (iii) Except as provided in paragraph (f)(1)(v) of this section, 
any Mexican national who is exempt from a visa and passport pursuant to 
Sec. 212.1(c)(1) of this chapter, or who is in possession of a passport 
and valid visa who is admitted as a nonimmigrant visitor for a period

[[Page 68618]]

not to exceed 72 hours to visit within 25 miles of the border;
* * * * *
    (v) Any Mexican national who is exempt from a visa and passport 
pursuant to Sec. 212.1(c)(1) of this chapter, or is in possession of a 
passport and valid visa who is admitted as a nonimmigrant visitor at 
the Mexican border POEs in the State of Arizona at Sasabe, Nogales, 
Mariposa, Naco, or Douglas for a period not to exceed 72 hours to visit 
within the State of Arizona and within 75 miles of the border.
* * * * *
    Dated: December 2, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-31694 Filed 12-7-99 8:45 am]
BILLING CODE 4410-10-M