[Federal Register Volume 84, Number 165 (Monday, August 26, 2019)]
[Rules and Regulations]
[Pages 44537-44543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18196]



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 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 84, No. 165 / Monday, August 26, 2019 / Rules 
and Regulations  

[[Page 44537]]



DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

28 CFR Part 0

8 CFR Parts 1001, 1003, and 1292

[EOIR Docket No. 18-0502; A.G. Order No. 4515-2019]
RIN 1125-AA85


Organization of the Executive Office for Immigration Review

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Interim rule; request for comment.

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SUMMARY: This interim rule amends the regulations related to the 
internal organization of the Executive Office for Immigration Review 
(``EOIR''). This interim rule reflects changes related to the 
establishment of an Office of Policy within EOIR in 2017, and makes 
related clarifications or changes to the organizational role of EOIR's 
Office of the General Counsel (``OGC'') and Office of Legal Access 
Programs (``OLAP''). This interim rule further updates the Department 
of Justice (``Department'') organizational regulations to synchronize 
them with EOIR's regulations, makes nomenclature changes to the titles 
of the members of the Board of Immigration Appeals (``BIA'' or 
``Board''), and provides for a further delegation of authority from the 
Attorney General to the EOIR Director (``Director'') regarding the 
efficient disposition of appeals. This interim rule also clarifies the 
Director's authority to adjudicate cases following changes to EOIR's 
Recognition and Accreditation Program (``R&A Program'') in 2017.

DATES: This rule is effective August 26, 2019.
    Written or electronic comments must be submitted on or before 
October 25, 2019. Written comments postmarked on or before that date 
will be considered timely. The electronic Federal Docket Management 
System will accept comments until midnight eastern standard time at the 
end of that day.

ADDRESSES: Please submit written comments to Lauren Alder Reid, 
Assistant Director, Office of Policy, Executive Office for Immigration 
Review, 5107 Leesburg Pike, Suite 2616, Falls Church, VA 22041, Contact 
Telephone Number (703) 305-0289 (not a toll-free call). To ensure 
proper handling, please reference RIN No. 1125-AA85 or EOIR Docket No. 
18-0502 on your correspondence. You may submit comments electronically 
or view an electronic version of this interim rule at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, 
Office of Policy, Executive Office for Immigration Review, 5107 
Leesburg Pike, Suite 2616, Falls Church, VA 22041, Contact Telephone 
Number (703) 305-0289 (not a toll-free call).

SUPPLEMENTARY INFORMATION: 

I. Background

    EOIR is a component of the Department with the primary mission of 
adjudicating immigration cases by fairly, expeditiously, and uniformly 
interpreting and administering the Nation's immigration laws, primarily 
pursuant to the Immigration and Nationality Act (``INA''). Under 
delegated authority from the Attorney General, EOIR conducts 
immigration court proceedings, appellate reviews, and administrative 
hearings. The Director exercises delegated authority from the Attorney 
General in managing the operations of EOIR. See 8 CFR 1003.0(a), (b). 
In 2007, the Department finalized regulations delegating certain 
authorities from the Attorney General to the Director regarding the 
management of EOIR in an effort to improve ``the workings of the 
immigration hearing process before the immigration judges and the 
Board.'' 72 FR 53673, 53673 (Sept. 20, 2007).
    Prior to 2017, EOIR contained eight components on its official 
organization chart approved by the Attorney General. Three of the 
listed components are adjudicatory: The Office of the Chief Immigration 
Judge, which is responsible for managing the immigration courts where 
immigration judges adjudicate individual cases; the BIA, which 
primarily conducts appellate reviews of immigration judge decisions; 
and the Office of the Chief Administrative Hearing Officer (``OCAHO''), 
which adjudicates immigration-related employment cases, discrimination 
cases, and document fraud cases pursuant to 8 U.S.C. 1324a, 1324b, and 
1324c. Three of the listed components are non-adjudicatory: OGC; the 
Office of Administration; and the Office of Information Technology. The 
remaining two components are the Office of the Director and the Office 
of the Deputy Director.
    EOIR also contains four offices or divisions that are located 
within the Office of the Director and, thus, do not appear on its 
official organization chart approved by the Attorney General. See 
https://www.justice.gov/eoir/eoir-organization-chart/chart. One of 
those offices is OLAP, which administers legal orientation programs for 
aliens in immigration proceedings and for custodians of unaccompanied 
alien children and helps administer the National Qualified 
Representative Program as part of EOIR's Nationwide Policy regarding 
procedural protections for detained aliens who may have competency 
issues in immigration proceedings.\1\ OLAP, formerly known as the Legal 
Orientation and Pro Bono Program, was established in 2000 as part of 
the Office of the Director. In 2002, it was moved from the Office of 
the Director to OGC, and, in 2009, it was moved from OGC to the BIA. In 
2011, it was moved back to the Office of the Director. As of 2017, OLAP 
also administers EOIR's R&A Program, which authorizes representatives 
of non-profit religious, charitable, social service, or similar 
organizations to represent persons in immigration proceedings before 
EOIR and in cases with the Department of Homeland Security (``DHS''). 
See 81 FR 92346 (Dec. 19, 2016). Prior to 2017, the R&A Program was 
administered by the BIA.
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    \1\ The other three offices are the Office of the Ombuds, the 
Equal Employment Opportunity Office, and the Planning, Analysis, and 
Statistics Division, which exercise responsibilities applicable to 
all components currently listed on EOIR's organizational chart.
---------------------------------------------------------------------------

    Apart from EOIR's specific regulations in 8 CFR chapter V, the 
Department maintains organizational regulations for EOIR in 28 CFR part 
0, subpart U. Over

[[Page 44538]]

the years, however, those regulations have not been updated to maintain 
consistency with EOIR's specific regulations in title 8.
    Regarding the BIA, the Attorney General has delegated authority to 
the BIA to adjudicate specified categories of appeals, primarily from 
immigration judge decisions in removal proceedings. 8 CFR 1003.1(b).\2\ 
In both substance and practice, Board members function as appellate 
immigration judges. In 2000, the Department acknowledged the role of 
Board members as appellate immigration judges, though it declined to 
change their titles in 2007 due to possible confusion among the public. 
See 65 FR 81434 (Dec. 26, 2000); 72 FR at 53673-74.
---------------------------------------------------------------------------

    \2\ The BIA also hears appeals from decisions by immigration 
judges in custody proceedings, among other matters, and from 
decisions by DHS adjudicators involving certain visa petitions and 
civil fine matters.
---------------------------------------------------------------------------

    The Attorney General has also required the BIA Chairman to 
establish a case management system to ensure the efficient adjudication 
of appeals. 8 CFR 1003.1(e). With limited exceptions, appeals assigned 
to a single Board member shall be adjudicated within 90 days of the 
completion of the record, and appeals assigned to a three-member panel 
shall be completed within 180 days after assignment. 8 CFR 
1003.1(e)(8)(i). Appeals that are not completed within the relevant 
time limits and that are not subject to an exception shall be assigned 
by the Chairman to either himself or a Vice Chairman for final decision 
within 14 days, or the Chairman shall refer them to the Attorney 
General. 8 CFR 1003.1(e)(8)(ii).
    The Director has no authority to adjudicate specific cases under 
the INA or to direct the adjudication of specific cases under the INA. 
8 CFR 1003.0(c). In 2017, however, the Director was given authority 
under 8 CFR 1292.18 to adjudicate requests for review of three types of 
reconsideration decisions related to EOIR's R&A Program, but 8 CFR 
1003.0(c) was not updated to reflect this authority.

II. Summary of Regulatory Changes

    In a 2017 reorganization, the Attorney General approved the 
addition of the Office of Policy within EOIR. The Department of Justice 
is now amending EOIR's regulations to reflect the establishment of this 
new component.
    This interim rule with request for comment (``interim rule'' or 
``rule'') outlines the functions and roles of the Office of Policy, 
similar to how the functions of other EOIR components are outlined in 
the regulations. This rule also delineates and clarifies the functions 
of the Office of Policy and OGC within EOIR. Finally, because EOIR has 
determined that there is no need for OLAP to remain in the Office of 
the Director, this rule transfers OLAP's responsibilities to a division 
in the Office of Policy and removes references in the regulations to 
OLAP and the OLAP Director, effectively moving OLAP to the Office of 
Policy.
    In addition, this rule updates the Department's general 
organizational regulations in 28 CFR part 0, subpart U, to be 
consistent with EOIR's current organizational structure outlined in 8 
CFR part 1003, changes the titles of members of the BIA to better 
reflect the nature of their adjudicatory responsibilities, and 
delegates authority from the Attorney General to the Director in 
situations in which appeals pending before the BIA have not been timely 
resolved in order to allow more practical flexibility in efficiently 
deciding appeals. This rule also resolves tension between the 
limitation in 8 CFR 1003.0(c) on the Director's authority to adjudicate 
or to direct the adjudication of specific cases under the INA, and 8 
CFR 1292.18 regarding the Director's authority to adjudicate requests 
for review arising under the regulations in the context of the R&A 
Program, along with any similar tension that would otherwise arise 
regarding the Director's new authority to adjudicate appeals that have 
not been timely resolved by the BIA.

III. Analysis of Interim Rule

A. Office of Policy and Office of the General Counsel

    The Office of Policy was established in 2017 to assist in 
effectuating authorities given to the Director in 8 CFR 1003.0(b)(1), 
including the authority to, inter alia, issue operational instructions 
and policy, administratively coordinate with other agencies, and 
provide for training to promote quality and consistency in 
adjudications. The Office of Policy both improves efficiency by 
reducing redundant activities performed by multiple components and 
ensures consistency and coordination of legal and policy activities 
across multiple components within EOIR. To that end, this rule 
delineates the various functions that the Office of Policy performs.
    In delineating the functions performed by the Office of Policy, 
this rule also distinguishes those functions from activities performed 
by OGC, thereby clarifying the scope of OGC's authority. Currently, OGC 
oversees multiple EOIR programs, including those related to employee 
discipline, ethics, anti-fraud efforts, practitioner discipline, 
privacy, Freedom of Information Act requests, litigation support, and 
regulatory development and review. As these programs have expanded 
commensurate with the national salience of immigration issues in recent 
years, this change has challenged OGC's ability to devote sufficient 
resources to all of the programs within its purview. Moreover, some of 
the programs currently under OGC, such as regulatory development and 
review, involve a substantial policy role. Consequently, the rule 
transfers some of OGC's current programs to the Office of Policy to 
ensure sufficient resources for those programs and to more 
appropriately align those programs with their policymaking character.
    The General Counsel, under the supervision of the Director, serves 
as the chief legal counsel of EOIR, including to the Chairman of the 
BIA, the Chief Immigration Judge, and the Chief Administrative Hearing 
Officer on matters of immigration law. 8 CFR 1003.0(e). The current 
regulation does not exclude advising on issues related to the general 
adjudication of immigration cases, although it does provide that the 
General Counsel shall not supervise legal activities related to 
specific adjudications. See id. This delineation of the General 
Counsel's responsibilities has created confusion as many activities 
that OGC currently performs--ranging from advice on the discipline of 
immigration judges to advice regarding litigation positions to advice 
on policy--may relate directly or indirectly to the adjudication of 
specific cases, creating tension with the existing regulation. For 
example, as the chief legal counsel for EOIR, including its 
adjudicatory components, the General Counsel may take a position on 
immigration law through the complaint process involving an 
adjudicator's decision that is arguably neither the best nor only view 
of the law, leaving EOIR's adjudicators uncertain as to whose view to 
follow in order to adjudicate cases without risk of potential 
discipline or corrective action. Accordingly, the rule explains that 
the General Counsel, subject to the supervision of the Director, 
remains the chief legal counsel and supervisor of legal activities 
related to specific categories of issues, but expressly provides that 
the General Counsel does not have authority to influence the 
adjudication of specific cases under the INA, including as an advisor 
on disciplinary matters related to the adjudication of cases under the

[[Page 44539]]

INA. It also explains that the General Counsel may continue to advise 
on matters of immigration law, provided that the advice does not direct 
or influence specific adjudications under the Act.

B. Office of Legal Access Programs

    On October 1, 2015, as part of revisions to its R&A Program, EOIR 
issued a proposed rule to formalize the structure of OLAP under the 
supervision of the Director. See 80 FR 59514 (Oct. 1, 2015). That rule 
was finalized on December 19, 2016, and went into effect on January 18, 
2017. See 81 FR 92346. Although OLAP was established in EOIR's 
regulations in 8 CFR 1003.0(f), it was not established in the 
Department of Justice's organizational regulations for EOIR in 28 CFR 
part 0, subpart U. Additionally, although it was identified in the 
regulations, it did not appear on any official EOIR organizational 
chart approved by the Attorney General. See https://www.justice.gov/eoir/eoir-organization-chart/chart. OLAP has been transferred multiple 
times among different EOIR components since 2000, and no justification 
was provided in either the proposed rule or the final rule regarding 
why OLAP should be codified as an entity within EOIR reporting directly 
to the Director. Overall, its structural position within EOIR is 
anomalous.
    The interim rule transfers OLAP's responsibilities to a division in 
the Office of Policy and removes references in the regulations to OLAP 
and the OLAP Director, effectively moving OLAP to the Office of Policy. 
EOIR has determined that there is no organizational justification for 
OLAP to remain in the Office of the Director. Instead, OLAP and its 
functions most appropriately belong in the Office of Policy, which can 
help coordinate OLAP's work across adjudicatory components. Further, 
locating OLAP within EOIR's principal policy component is consistent 
with OLAP's role in effectuating EOIR's Nationwide Policy regarding 
procedural protections for detained aliens who may be deemed 
incompetent. This move ensures an appropriate chain of command and 
better management of OLAP's programs, provides for better coordination 
of OLAP's functions within the broader scope of EOIR's adjudicatory 
operations, and allows for greater flexibility in the future regarding 
OLAP's mission, which has expanded significantly in recent years. This 
rule is not intended to change--and does not have the effect of 
changing--any of OLAP's current functions.

C. The Department's Organizational Regulations

    Apart from EOIR's specific regulations in 8 CFR chapter V, the 
Department of Justice maintains organizational regulations for EOIR in 
28 CFR part 0, subpart U. Over the years, those regulations have not 
been updated to maintain consistency with EOIR's specific regulations 
in title 8, leading to some inconsistencies. For example, the 
Department's organizational regulations differ from EOIR's regulation 
as to the composition of the Board. Compare 8 CFR 1003.1(a)(1), (2), 
with 28 CFR 0.116. Moreover, the Department's regulation for OCAHO has 
not been updated to reflect OCAHO's jurisdiction over cases arising 
under 8 U.S.C. 1324c. Compare 28 CFR 68.1, with 28 CFR 0.118. Further, 
although EOIR's regulations provide for the delegation of authority 
from the Director to the General Counsel or any other EOIR employee, 
the Department's regulations do not mention the General Counsel or 
other EOIR employees at all. Compare 8 CFR 1003.0(b)(2), (e), with 28 
CFR 0.115(b).
    This rule eliminates the inconsistencies between the EOIR-related 
regulations in title 8 and title 28, reduces the likelihood of future 
inconsistencies by accounting for the possibility of future changes in 
title 8, updates outdated regulatory citations,\3\ and harmonizes the 
two sets of regulations related to EOIR's structure, including by 
adding references to both OGC and the new Office of Policy in title 28.
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    \3\ On November 25, 2002, the President signed into law the 
Homeland Security Act of 2002 (``HSA''), creating the new DHS and 
transferring the functions of the former Immigration and 
Naturalization Service (``INS'') to DHS. Public Law 107-296, tit. 
IV, subtitles D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002) 
(effective March 1, 2003). Under the HAS, the Attorney General 
retained the functions of EOIR in the Department. HSA sec. 1101, 6 
U.S.C. 521; INA sec. 103(g), 8 U.S.C. 1103(g). In order to implement 
the transfer of the functions of the former INS (now within DHS), 
the Attorney General reorganized title 8 of the Code of Federal 
Regulations and divided the regulations into chapters, so that 
chapter I contains regulations relating to the functions of the 
former INS and chapter V contains regulations relating to the 
functions of EOIR. See 68 FR 9824 (Feb. 28, 2003); see also 68 FR 
10349 (March 5, 2003). The regulations governing proceedings before 
EOIR are now contained in 8 CFR chapter V, beginning with part 1001. 
Accordingly, outdated references in title 28, CFR, to pre-
reorganizational regulations are corrected with this rule.
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D. The Board of Immigration Appeals

    This rule provides that members of the Board shall also be known as 
``Appellate Immigration Judges'' in order to more accurately reflect 
their adjudicatory functions. The Department has previously considered 
changing the title of Board members to ``Appellate Immigration Judges'' 
by regulation, but elected not to because of possible confusion by the 
public with federal appellate judges appointed under Article III of the 
Constitution. See 65 FR at 81434; 72 FR at 53673-74. The Department has 
now determined, however, that it is appropriate to incorporate this 
title to better reflect the role of Board members in adjudicating cases 
that come before them as designated by the Attorney General. The 
importance of more accurately representing the role of Board members 
outweighs any potential confusion, which the Department does not 
anticipate to be significant given the public salience of immigration-
related adjudication in recent years.
    Additionally, this rule reflects a further delegation of authority 
from the Attorney General regarding the efficient disposition of BIA 
cases on appeal. The BIA Chairman has established a case management 
system to ensure the efficient adjudication of appeals. See 8 CFR 
1003.1(e). With limited exceptions, appeals assigned to a single Board 
member shall be adjudicated within 90 days of the completion of the 
record, and appeals assigned to a three-member panel shall be completed 
within 180 days after assignment. 8 CFR 1003.1(e)(8)(i). For appeals 
that are not completed within the relevant time limits and that are not 
subject to an exception, the Chairman shall assign them to either 
himself or a Vice Chairman for completion within 14 days, or the 
Chairman shall refer them to the Attorney General. 8 CFR 
1003.1(e)(8)(ii). Due to his numerous other responsibilities and 
obligations, the Attorney General is not in a position to adjudicate 
any BIA appeal simply because it has exceeded its time limit for 
adjudication. Further, it is operationally anomalous for the Chairman, 
who is under the supervision of the Director, to be able to directly 
refer a case to the Attorney General based solely on a workload 
management issue, rather than on the underlying merits of the case. As 
the supervisor of the Chairman and already possessing the authority to 
ensure that adjudications are conducted in a timely manner, see 8 CFR 
1003.0(b)(1)(ii), the Director is in a better position to address cases 
that cannot be completed in a timely fashion by the BIA. The Director 
is also in a direct position to implement changes to ensure that 
untimely adjudications remain relatively rare. Accordingly, this rule 
delegates authority from the Attorney General to the Director to 
adjudicate BIA cases that

[[Page 44540]]

have otherwise not been adjudicated in a timely manner under the 
regulations, based on a referral from the Chairman. The rule retains 
the ability of EOIR to refer such cases to the Attorney General, but 
only through the Director, consistent with standard management 
principles of the elevation of workload and performance issues.

E. The EOIR Director

    In 2017, responsibility for the R&A Program within EOIR was 
transferred from the BIA to OLAP. See 81 FR 92346. Following that 
transfer, the OLAP Director adjudicates initial applications for 
recognition or accreditation, adjudicates requests for renewal of 
recognition or accreditation, makes determinations on administrative 
termination of recognition or accreditation, and adjudicates requests 
for reconsideration of any of these decisions. 8 CFR 1292.13, 1292.16, 
1292.17. The Director adjudicates requests to review the 
reconsideration decisions of the OLAP Director. 8 CFR 1292.18.
    The Director's authority to adjudicate requests to review certain 
reconsideration decisions of the OLAP Director under 8 CFR 1292.18 is 
in tension with the current language of 8 CFR 1003.0(c), which 
otherwise precludes the Director from adjudicating cases arising under 
the INA or regulations. The tension between these two regulations was 
an oversight in the transfer of the R&A Program. Consequently, this 
rule revises 8 CFR 1003.0(c) to clarify that the Director continues to 
be precluded from adjudicating cases or directing the results of 
certain adjudications, unless authorized to do so by another regulation 
or otherwise designated or delegated authority by the Attorney General 
to do so. The revision does not alter the Director's existing authority 
under 8 CFR 1292.18, and will simultaneously avoid any similar tension 
that would otherwise arise regarding the Director's new authority to 
adjudicate appeals that have not been timely resolved by the BIA.\4\
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    \4\ This rule also corrects a regulatory oversight by 
reiterating that the Director may provide for appropriate 
administrative coordination with the Department of Health and Human 
Services (``HHS'') in addition to the other entities listed in 8 CFR 
1003.0(b)(1)(iii). Such coordination is already provided for by 
statute, 8 U.S.C. 1232, and the exclusion of HHS from this list was 
inadvertent.
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IV. Public Comments

    The interim rule is an internal delegation of authority and 
assignment of responsibility, along with a change in nomenclature, and 
is thus a rule of management or personnel; it further relates to a 
matter of agency organization, procedure, or practice. See 5 U.S.C. 
553(a)(2), (b)(A). Accordingly, the interim rule is exempt from the 
usual requirements of prior notice and comment and a 30-day delay in 
effective date. An internal delegation of administrative authority does 
not adversely affect members of the public and involves an agency 
management decision that is exempt from the notice-and-comment 
rulemaking procedures of the Administrative Procedure Act (``APA''). 
See United States v. Saunders, 951 F.2d 1065, 1068 (9th Cir. 1991) 
(delegations of authority have ``no legal impact on, or significance 
for, the general public,'' and ``simply effect[] a shifting of 
responsibilities wholly internal to the Treasury Department''); 
Lonsdale v. United States, 919 F.2d 1440, 1446 (10th Cir. 1990) (``APA 
does not require publication of [rules] which internally delegate 
authority to enforce the Internal Revenue laws''); United States v. 
Goodman, 605 F.2d 870, 887-88 (5th Cir. 1979) (unpublished delegation 
of authority from Attorney General to Acting Administrator of the Drug 
Enforcement Agency did not violate APA); Hogg v. United States, 428 
F.2d 274, 280 (6th Cir. 1970) (where taxpayer would not be adversely 
affected by the internal delegations of authority from the Attorney 
General, APA does not require publication).
    The Department is nonetheless promulgating this rule as an interim 
rule, providing the public with opportunity for post-promulgation 
comment before the Department issues a final rule on these matters. 
Written comments must be received on or before October 25, 2019.

V. Regulatory Requirements

A. Administrative Procedure Act

    As noted in section IV of this preamble, this interim rule is a 
rule of management or personnel as well as a rule of agency 
organization, procedure, or practice, and is exempt from the 
requirements for notice-and-comment rulemaking and a 30-day delay in 
effective date. See 5 U.S.C. 553(a)(2), (b)(A).

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (``RFA''), ``[w]henever an 
agency is required by section 553 of [the APA], or any other law, to 
publish general notice of proposed rulemaking for any proposed rule, . 
. . the agency shall prepare and make available for public comment an 
initial regulatory flexibility analysis.'' 5 U.S.C. 603(a); see also 5 
U.S.C. 604(a). Such analysis is not required when a rule is exempt from 
notice-and-comment rulemaking under 5 U.S.C. 553(b). Because this is a 
rule of internal agency organization and therefore is exempt from 
notice-and-comment rulemaking, no RFA analysis under 5 U.S.C. 603 or 
604 is required for this rule.

C. 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 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.

D. Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review), and 13771 (Reducing 
Regulation and Controlling Regulatory Costs)

    This rule is limited to agency organization, management, or 
personnel matters and is therefore not subject to review by the Office 
of Management and Budget pursuant to section 3(d)(3) of Executive Order 
12866. Further, because this rule is one of internal organization, 
management, or personnel, it is not subject to the requirements of 
Executive Orders 13563 or 13771.

E. Executive Order 13132 (Federalism)

    This rule 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, this rule does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

F. Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

G. Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 
chapter 35, and its implementing regulations, 5 CFR part 1320, do not 
apply to this rule because there are no new or revised recordkeeping or 
reporting requirements.

[[Page 44541]]

H. Congressional Review Act

    This is not a major rule as defined by 5 U.S.C. 804(2). This action 
pertains to agency management or personnel and is a rule of agency 
organization that does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' as 
that term is used in 5 U.S.C. 804(3). Therefore, the reports to 
Congress and the Government Accountability Office specified by 5 U.S.C. 
801 are not required.

List of Subjects

8 CFR Part 1001

    Administrative practice and procedure, Immigration.

8 CFR Part 1003

    Administrative practice and procedure, Aliens, Immigration, Legal 
services, Organization and functions (Government agencies).

8 CFR Part 1292

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

28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Privacy, Reporting 
and recordkeeping requirements, Whistleblowing.

    Accordingly, for the reasons set forth in the preamble, the 
Attorney General is amending parts 1001, 1003, and 1292 of title 8 of 
the Code of Federal Regulations and part 0 of title 28 of the Code of 
Federal Regulations as follows:

Title 8 of the Code of Federal Regulations

PART 1001--DEFINITIONS

0
1. The authority citation for part 1001 continues to read as follows:

    Authority:  5 U.S.C. 301; 8 U.S.C. 1101, 1103; Pub. L. 107-296, 
116 Stat. 2135; Title VII of Pub. L. 110-229.


Sec.  1001.1  [Amended]

0
2. Section 1001.1 is amended by removing and reserving paragraphs (x) 
and (y).

PART 1003--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

0
3. The authority citation for part 1003 continues to read as follows:

    Authority:  5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 
1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 
1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 
2 Reorg. Plan No. 2 of 1950; 3 CFR, 1949-1953 Comp., p. 1002; 
section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 
and 1510 of Pub. L. 106-386, 114 Stat. 1527-29, 1531-32; section 
1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328.

0
4. Section 1003.0 is amended by:
0
a. Revising paragraphs (a), (b)(1) introductory text, (b)(1)(iii), 
(b)(2), and (c);
0
b. Revising the first sentence of paragraph (d);
0
c. Removing paragraph (f);
0
d. Redesignating paragraph (e) as paragraph (f);
0
e. Adding a new paragraph (e); and
0
f. Revising newly redesignated paragraphs (f) introductory text and 
(f)(1).
    The revisions and addition read as follows:


Sec.  1003.0  Executive Office for Immigration Review.

    (a) Organization. Within the Department of Justice, there shall be 
an Executive Office for Immigration Review (EOIR), headed by a Director 
who is appointed by the Attorney General. The Director shall be 
assisted by a Deputy Director and the heads of EOIR's other components, 
who shall report to the Director and Deputy Director. EOIR shall 
include the Board of Immigration Appeals, the Office of the Chief 
Immigration Judge, the Office of the Chief Administrative Hearing 
Officer, the Office of Policy, the Office of the General Counsel, and 
such other components and staff as the Attorney General or the Director 
may provide.
    (b) * * *
    (1) In general. The Director shall manage EOIR and its employees 
and shall be responsible for the direction and supervision of each EOIR 
component in the execution of its respective duties pursuant to the Act 
and the provisions of this chapter. Unless otherwise provided by the 
Attorney General, the Director shall report to the Deputy Attorney 
General and the Attorney General. The Director shall have the authority 
to:
* * * * *
    (iii) Provide for appropriate administrative coordination with the 
other components of the Department of Justice, with the Department of 
Homeland Security, with the Department of Health and Human Services, 
and with the Department of State;
* * * * *
    (2) Delegations. The Director may delegate the authority given to 
him by this part or otherwise by the Attorney General to the Deputy 
Director, the Chairman of the Board of Immigration Appeals, the Chief 
Immigration Judge, the Chief Administrative Hearing Officer, the 
Assistant Director for Policy, the General Counsel, or any other EOIR 
employee.
    (c) Limit on the authority of the Director. Except as provided by 
statute, regulation, or delegation of authority from the Attorney 
General, or when acting as a designee of the Attorney General, the 
Director shall have no authority to adjudicate cases arising under the 
Act or regulations or to direct the result of an adjudication assigned 
to the Board, an immigration judge, the Chief Administrative Hearing 
Officer, or an Administrative Law Judge. Nothing in this part, however, 
shall be construed to limit the authority of the Director under 
paragraphs (a) or (b) of this section.
    (d) Deputy Director. The Deputy Director shall advise and assist 
the Director in the supervision and management of EOIR and the 
formulation of policy and guidelines. * * *
    (e) Office of Policy. Within EOIR, there shall be an Office of 
Policy consisting of an Assistant Director for Policy and other such 
staff as the Director deems necessary. Subject to the supervision of 
the Director, the Office of Policy shall provide assistance to the 
Director and heads of the other components within EOIR.
    (1) In general. In coordination with the Director and subject to 
the Director's supervision, the Assistant Director for Policy shall 
supervise all policy activities of EOIR. Subject to the supervision of 
the Director and in coordination with other components as appropriate, 
the Assistant Director for Policy shall also oversee EOIR's regulatory 
development and implementation process, shall supervise and coordinate 
EOIR's internal development, dissemination, and implementation of 
policy guidance, shall supervise and administer EOIR's pro bono and 
legal orientation program activities, shall supervise the provision of 
legal and policy training to all components within EOIR on all relevant 
matters under its supervision, and shall perform other such duties or 
exercise other such authorities as the Director may provide.
    (2) Limit on the Authority of the Assistant Director for Policy. 
The Assistant Director for Policy shall have no authority to adjudicate 
cases arising under the Act or regulations, except under paragraph 
(e)(3) of this section, and shall not direct the result of an 
adjudication assigned to the Board, an

[[Page 44542]]

immigration judge, the Chief Administrative Hearing Officer, or an 
Administrative Law Judge; provided, however, that nothing in this part 
shall be construed to limit the authority of the Assistant Director for 
Policy under paragraph (e)(1) of this section.
    (3) Recognition and accreditation. The Assistant Director for 
Policy, in consultation with the Director, shall maintain a division 
within the Office of Policy to develop and administer a program to 
recognize organizations and accredit representatives to provide 
representation before the Immigration Courts, the Board, and DHS, or 
DHS alone. The Assistant Director for Policy shall determine whether an 
organization and its representatives meet the eligibility requirements 
for recognition and accreditation in accordance with this chapter. The 
Assistant Director for Policy shall also have the authority to 
administratively terminate the recognition of an organization and the 
accreditation of a representative and to maintain the roster of 
recognized organizations and their accredited representatives. The 
Assistant Director for Policy, in consultation with the Director, may 
also delegate authority established in 8 CFR 1292.6 and 8 CFR 1292.11 
through 1292.20 within the Office of Policy.
    (f) General Counsel. Subject to the supervision of the Director, 
the General Counsel shall serve as the chief legal counsel of EOIR on 
matters of ethics, records management, release of information pursuant 
to the Freedom of Information Act, employee performance and discipline 
(except in matters related to the discipline of adjudicators for 
decisions made in the adjudication of cases under the Act), 
practitioner discipline, and other related areas not inconsistent with 
the law. Subject to the supervision of the Director, the General 
Counsel shall supervise all legal activities and provide legal advice 
and assistance to the Director, Deputy Director, and other component 
heads in accordance with this section. In consultation with other EOIR 
components as appropriate, the General Counsel may also advise the 
Director or Deputy Director on other legal matters, including matters 
related to immigration law or policy and related to adjudicator 
discipline, provided that the General Counsel shall have no authority, 
directly or indirectly, to direct or influence the adjudication of any 
cases under the Act.
    (1) Professional standards. The General Counsel shall administer 
programs to protect the integrity of legal representation in 
immigration proceedings before EOIR, including administering the 
disciplinary program for practitioners and recognized organizations 
under subpart G of this part.
* * * * *

0
5. Section 1003.1 is amended by adding a sentence to the end of 
paragraphs (a)(1), (a)(2) introductory text, and (a)(4) and revising 
paragraph (e)(8)(ii) to read as follows:


Sec.  1003.1  Organization, jurisdiction, and powers of the Board of 
Immigration Appeals.

    (a)(1) * * * The Board members shall also be known as Appellate 
Immigration Judges.
    (2) * * * The Chairman of the Board of Immigration Appeals shall 
also be known as the Chief Appellate Immigration Judge, and a Vice 
Chairman of the Board of Immigration Appeals shall also be known as a 
Deputy Chief Appellate Immigration Judge.
* * * * *
    (4) * * * Temporary Board members shall also be known as temporary 
Appellate Immigration Judges.
* * * * *
    (e) * * *
    (8) * * *
    (ii) In exigent circumstances, the Chairman may grant an extension 
in particular cases of up to 60 days as a matter of discretion. Except 
as provided in paragraph (e)(8)(iii) or (iv) of this section, in those 
cases where the panel is unable to issue a decision within the 
established time limits, as extended, the Chairman shall either assign 
the case to himself or a Vice Chairman for final decision within 14 
days or shall refer the case to the Director for decision. If a 
dissenting or concurring panel member fails to complete his or her 
opinion by the end of the extension period, the decision of the 
majority will be issued without the separate opinion. For a case 
referred to the Director under this paragraph, the Director shall 
exercise delegated authority from the Attorney General identical to 
that of the Board as described in this section, including the authority 
to issue a precedent decision and the authority to refer the case to 
the Attorney General for review, either on his own or at the direction 
of the Attorney General.
* * * * *


Sec.  1003.108  [Amended]

0
6. Section 1003.108 is amended in paragraphs (a)(3) and (b) by removing 
the phrase ``OLAP Director'' and adding in its place ``Assistant 
Director for Policy (or the Assistant Director for Policy's 
delegate)''.

PART 1292--REPRESENTATION AND APPEARANCES

0
7. The authority citation for part 1292 continues to read as follows:

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


Sec.  Sec.  1292.6, 1292.11, 1292.12, 1292.13, 1292.14, 1292.15, 
1292.16, 1292.17, 1292.18, 1292.19, 1292.20  [Amended]

0
 8. Sections 1292.6, 1292.11, 1292.12, 1292.13, 1292.14, 1292.15, 
1292.16, 1292.17, 1292.18, 1292.19, and 1292.20 are each amended by 
removing the words ``OLAP Director'' each place that they appear and 
adding in their place the words ``Assistant Director for Policy (or the 
Assistant Director for Policy's delegate)''.


Sec.  Sec.  1292.11, 1292.12, 1292.13, 1292.15, 1292.16, 
1292.17  [Amended]

0
 9. Sections 1292.11, 1292.12, 1292.13, 1292.15, 1292.16, and 1292.17 
are each amended by removing the words ``OLAP Director's'' each place 
that they appear and adding in their place the words ``Assistant 
Director for Policy's (or the Assistant Director for Policy's 
delegate's)''.


Sec.  Sec.  1292.13, 1292.14, 1292.15, 1292.16, 1292.17, 1292.18   
[Amended]

0
 10. Sections 1292.13, 1292.14, 1292.15, 1292.16, 1292.17, and 1292.18 
are each amended by removing the term ``OLAP'' each place that it 
appears and adding in its place the words ``the Office of Policy''.

Title 28 of the Code of Federal Regulations

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

0
11. The authority citation for part 0 continues to read as follows:

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

0
12. Sections 0.115 through 0.118 are revised to read as follows:
Sec.
* * * * *
0.115 General functions.
0.116 Board of Immigration Appeals.
0.117 Office of the Chief Immigration Judge.
0.118 Office of the Chief Administrative Hearing Officer.
* * * * *


Sec.  0.115  General functions.

    (a) The Executive Office for Immigration Review shall be headed by 
a Director who is appointed by the Attorney General. The Director shall 
be assisted by a Deputy Director and the heads of EOIR's other 
components, who shall report to the Director and Deputy Director. EOIR 
shall include the Board

[[Page 44543]]

of Immigration Appeals, the Office of the Chief Immigration Judge, the 
Office of the Chief Administrative Hearing Officer, the Office of 
Policy, the Office of the General Counsel, and such other components 
and staff as the Attorney General or the Director may provide.
    (b) The Director may redelegate the authority delegated to him by 
the Attorney General, subject to the provisions of 8 CFR 1003.0, to the 
Deputy Director, the Chairman of the Board of Immigration Appeals, the 
Chief Immigration Judge, the Chief Administrative Hearing Officer, the 
Assistant Director for Policy, the General Counsel, or any other EOIR 
employee.


Sec.  0.116  Board of Immigration Appeals.

    The membership of the Board of Immigration Appeals shall be 
established in accordance with 8 CFR 1003.1. The Chairman of the Board 
of Immigration Appeals, who shall also be known as the Chief Appellate 
Immigration Judge, shall be responsible for providing supervision and 
establishing internal operating procedures of the Board in the exercise 
of its authorities and responsibilities as delineated in 8 CFR 1003.1 
through 1003.8.


Sec.  0.117  Office of the Chief Immigration Judge.

    The Chief Immigration Judge shall provide general supervision to 
the immigration judges in performance of their duties in accordance 
with the Immigration and Nationality Act and 8 CFR 1003.9.


Sec.  0.118  Office of the Chief Administrative Hearing Officer.

    The Chief Administrative Hearing Officer shall provide general 
supervision to the Administrative Law Judges in performance of their 
duties in accordance with 8 U.S.C. 1324a, 1324b, and 1324c, and carry 
out any other responsibilities as provided by law, including the 
authority to review decisions as provided in 28 CFR part 68.

    Dated: August 19, 2019.
William P. Barr,
Attorney General.
[FR Doc. 2019-18196 Filed 8-23-19; 8:45 am]
BILLING CODE 4410-30-P