[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68081-68083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18735]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules 
and Regulations  

[[Page 68081]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 212, 214, 245, and 274a

[CIS No. 2783-24; DHS Docket No. USCIS 2011-0010]
RIN 1615-AA59


Classification for Victims of Severe Forms of Trafficking in 
Persons; Eligibility for ``T'' Nonimmigrant Status; Correction

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Final rule; correction.

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SUMMARY: USCIS is correcting a final rule that published in the Federal 
Register on April 30, 2024. The final rule amended DHS regulations 
governing the requirements and procedures for victims of a severe form 
of trafficking in persons seeking T nonimmigrant status. These 
technical corrections will fix typographical and non-substantive 
technical errors.

DATES: Effective August 28, 2024.

FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Office of 
Policy and Strategy, U.S. Citizenship and Immigration Services, 
Department of Homeland Security, 5900 Capital Gateway Dr., Camp 
Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION:

I. Background

    On April 30, 2024, the Department of Homeland Security (DHS) 
published a final rule in the Federal Register at 89 FR 34864 (FR Doc. 
2024-09022). The final rule amends DHS regulations governing the 
requirements and procedures for victims of a severe form of trafficking 
in persons seeking T nonimmigrant status. After review of the published 
document, DHS identified a few errors in the preamble and regulatory 
text.
    This document, in the section titled ``Correction of Errors and 
Technical Amendments,'' identifies and corrects several technical and 
typographical errors in the final rule. The provisions in this document 
are effective as if they had been included in the final rule that 
published in the Federal Register on April 30, 2024.
    Accordingly, the corrections are effective on August 28, 2024 at 12 
a.m. Eastern Time. This document does not change how DHS will apply the 
final rule, i.e., DHS will apply the corrected provisions to 
applications pending on, or filed on or after, August 28, 2024.

II. Summary and Explanation of Technical Corrections

A. Minimum Contact With Law Enforcement

    At 8 CFR 214.208(b), the final rule discusses what constitutes 
``minimum contact'' with law enforcement for purposes of meeting the 
requirement that an applicant comply with any reasonable request for 
assistance from law enforcement. In one sentence in the preamble, the 
rule mistakenly refers to a minimum ``conduct'' requirement, rather 
than ``contact.'' \1\ Therefore, on page 34882, second column, DHS 
removes the word ``conduct'' and replaces it with the word ``contact'' 
to correctly refer to the requirement that an applicant must have 
contact with law enforcement.
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    \1\ 89 FR at 34882.
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B. Any Credible Evidence

    This document corrects an inadvertently omitted phrase in the 
regulatory text describing the ``any credible evidence'' provision.\2\ 
The preamble states the rule makes clear that applicants can submit any 
credible evidence related to all the eligibility requirements for both 
principal applicants and derivative applicants, citing specifically to 
8 CFR 214.204(c) and (l) as examples.\3\ The regulation at 8 CFR 
214.204(c)(2) reinforces the preamble's discussion of the ``any 
credible evidence'' provision and is consistent with the regulatory 
text at 8 CFR 214.204(l), which emphasizes that applicants may submit 
such evidence to establish any of the eligibility requirements.
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    \2\ See, e.g., 8 CFR 214.204(l); 89 FR at 34866, 34868, 34871, 
34885.
    \3\ 89 FR at 34885.
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    At 8 CFR 214.204(c)(2), the final rule states an Application for T 
Nonimmigrant Status must include any credible evidence supporting any 
of the eligibility requirements set out in Sec. Sec.  214.206 through 
214.208. The eligibility requirements, however, extend through 8 CFR 
214.209 (Extreme Hardship).
    DHS inadvertently omitted this reference to extreme hardship as one 
of the eligibility requirements to be proven by any credible 
evidence,\4\ as indicated by the specific preamble language referenced 
above, as well as by DHS's clear intent throughout the preamble and 
regulatory text. Therefore, DHS is correcting the regulatory text at 
214.204(c)(2) on page 34933, second column, to provide that an 
Application for T Nonimmigrant Status must include any credible 
evidence supporting any of the eligibility requirements set out in 
Sec. Sec.  214.206 through 214.209.
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    \4\ See 89 FR at 34933.
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C. Bona Fide Determinations (BFD)

    DHS noted several technical and typographical errors in the portion 
of the final rule that creates a modified BFD process that generally 
applies only to applications that are filed on or after the effective 
date of the rule, August 28, 2024.\5\ Through this process, USCIS may 
grant deferred action and employment authorization to applicants with 
bona fide Applications for T Nonimmigrant Status if they merit a 
favorable exercise of discretion.\6\
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    \5\ See 8 CFR 214.205.
    \6\ See 8 CFR 214.205; 89 FR at 34875.
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Effective Date of Modified Bona Fide Determination Process
    In the preamble to the final rule, DHS indicated that this BFD 
process applies to cases filed ``on or after the effective date'' of 
the final rule.\7\ The regulatory text, however, indicates that DHS 
will conduct bona fide reviews on applications ``submitted after August 
28, 2024.'' \8\ The regulatory text inadvertently omitted the text ``on 
or'' before the word ``after'' to indicate that the BFD process would 
apply to applications received on August 28, 2024. Therefore, DHS 
corrects the regulatory text, 8 CFR 214.205(a) (on

[[Page 68082]]

page 34934, second column) to indicate that if an Application for T 
Nonimmigrant Status is submitted on or after August 28, 2024, USCIS 
will conduct an initial review to determine if the application is bona 
fide.\9\
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    \7\ 89 FR at 34875.
    \8\ 8 CFR 214.205(a).
    \9\ See 89 FR at 34934, second column.
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Bona Fide Determination Employment Authorizations Documents (EAD)
    This document corrects an erroneously omitted reference in the 
section describing the automatic conversion for previously filed 
applications for employment authorization to applications for the newly 
created BFD EAD classification.\10\ DHS identified those previously 
filed applications as being under the categories (a)(16) or (25); 
however, there is no (a)(25) category. DHS inadvertently failed to 
include the ``(c)'' prior to ``(25)'' to signify the EAD category for T 
derivatives. Therefore, on page 34875, second column, DHS adds the text 
``(c)'' in front of ``(25)'' to include the appropriate EAD category, 
thus indicating that DHS will automatically convert previously filed 
applications for employment authorization filed under 8 CFR 
274a.12(a)(16) and (c)(25) to applications for the newly created BFD 
EAD classification.
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    \10\ See 89 FR at 34875.
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Bona Fide Determinations for Applicants in Removal Proceedings
    The final rule inadvertently omitted a reference to the Application 
for T Nonimmigrant Status in the section describing bona fide 
determinations for applicants in removal proceedings, which applies to 
individuals with Applications for T Nonimmigrant Status or Applications 
for Derivative T Nonimmigrant Status.\11\ However, the next sentence 
indicates that in such cases, ICE may exercise prosecutorial discretion 
while USCIS adjudicates an Application for Derivative T Nonimmigrant 
Status, and does not mention an Application for T Nonimmigrant 
Status.\12\ This omission was inadvertent, as the prior sentence 
clearly indicates the section should apply to both principal and 
derivative applications for T nonimmigrant status. Therefore, DHS is 
correcting the regulatory text at 8 CFR 214.205(f), on page 34935, 
first column, to indicate that ICE may exercise prosecutorial 
discretion while USCIS adjudicates an Application for T Nonimmigrant 
Status or an Application for Derivative T Nonimmigrant Status. This 
correction is consistent with the remainder of the section and DHS's 
intent.\13\
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    \11\ See 214.204(f); 89 FR at 34935, first column.
    \12\ Id.
    \13\ See 8 CFR 214.205(f).
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D. Age-Out Provisions

    This document corrects an erroneously omitted change to regulatory 
text for consistency and clarity. The final rule contained new 8 CFR 
214.211(e)(3), on page 34939, first column, which stated that the age-
out protections apply to a derivative child applicant who is under age 
21 at the time the principal filed the Application for T Nonimmigrant 
Status, but turns 21 during the pendency of the principal's Application 
for T Nonimmigrant Status. This change conformed the regulatory 
provisions with INA section 214(o)(4), 8 U.S.C. 1184(o)(4), which only 
applies the age-out protections if the child turns 21 after the 
principal's Application for T Nonimmigrant Status is filed, but while 
it is pending.\14\ However, the final rule erroneously did not change 8 
CFR 214.211(e)(2)(i), the age-out protection relating to principal 
applicants under the age of 21, to be consistent with identical age-out 
protection language at INA section 214(o)(5), 8 U.S.C. 1184(o)(5), 
which similarly preserves the eligibility of parents and siblings under 
the age of 18 as derivative applicants only if the principal applicant 
turns 21 after the Application for T Nonimmigrant Status is filed, but 
while it is pending.\15\ Therefore, DHS is correcting the regulatory 
text at 8 CFR 214.211(e)(2)(i), on page 34938, third column, to clarify 
that the age-out protection only applies if the principal applicant 
turns 21 after the principal's Application for T Nonimmigrant Status is 
filed, but while it is pending.
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    \14\ ``An unmarried alien who seeks to accompany, or follow to 
join, a parent granted status under section 1101(a)(15)(T)(i) of 
this title, and who was under 21 years of age on the date on which 
such parent applied for such status, shall continue to be classified 
as a child for purposes of section 1101(a)(15)(T)(ii) of this title, 
if the alien attains 21 years of age after such parent's application 
was filed but while it was pending.'' INA section 214(o)(4); 8 U.S.C 
1184(o)(4) (emphasis added).
    \15\ ``An alien described in clause (i) of section 
1101(a)(15)(T) of this title shall continue to be treated as an 
alien described in clause (ii)(I) of such section if the alien 
attains 21 years of age after the alien's application for status 
under such clause (i) is filed but while it is pending.'' INA 
section 214(o)(5); 8 U.S.C 1184(o)(5) (emphasis added).
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III. Administrative Procedure Act

    Section 553(b) of the Administrative Procedure Act (APA) generally 
requires agencies to publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section 
553(d) of the APA requires agencies to delay the effective date of 
final rules by a minimum of 30 days after the date of their publication 
in the Federal Register. 5 U.S.C. 553(d). Both of these requirements 
can be waived if an agency finds, for good cause, that the notice and 
comment process and/or delayed effective date is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice. 5 
U.S.C. 553(b)(B), (d)(3).
    DHS believes there is good cause for publishing this document 
without prior notice and opportunity for public comment and with an 
effective date of less than 30 days because such procedures are 
unnecessary. This document corrects technical and typographic errors in 
the preamble and regulatory text and does not make substantive changes 
to the policies in the final rule. This document merely conforms 
erroneous portions of the final rule to the agency's clearly expressed 
contemporaneous intent. Therefore, DHS believes that it has good cause 
to waive the notice and comment and effective date requirements of 
section 553 of the APA.

IV. Correction of Errors and Technical Amendments

    Accordingly, the publication final rule at 89 FR 34864 (FR Doc. 
2024-09022) is corrected as follows:

A. Correction of Errors in the Preamble

    1. On page 34875, in the second column, lines 35-36, the language 
``8 CFR 274a.12(a)(16) and (25)'' is corrected to read ``8 CFR 
274a.12(a)(16) and (c)(25).''
    2. On page 34882, in the second column, line 36, remove the word 
``conduct'' and add in its place the word ``contact.''
    3. On page 34886, in the first column, lines 50-52, remove the 
sentence ``DHS has also amended new 8 CFR 214.211(e)(3) to state that 
the age-out protections apply to a child who may turn 21 during the 
pendency of the principal's application for T nonimmigrant status'' and 
add in its place the sentence ``DHS has also amended new 8 CFR 
214.211(e)(2) and (3) to state that the age-out protections apply to a 
child (principal or derivative) who may turn 21 during the pendency of 
the principal's application for T nonimmigrant status.''

B. Correction of Errors in the Regulatory Text

0
4. On page 34933, in the second column, in instruction 7 in Subpart C, 
at Sec.  214.204, correct paragraph (c)(2) to read as follows:

[[Page 68083]]

Sec.  214.204   [Corrected]

* * * * *
    (c) * * *
    (2) Any credible evidence that supports any of the eligibility 
requirements set out in Sec. Sec.  214.206 through 214.209.

0
5. On page 34934, in the second column, in instruction 7 in Subpart C, 
at Sec.  214.205, correct paragraph (a) to read as follows:


Sec.  214.205  [Corrected]

    (a) Bona fide determinations for principal applicants for T 
nonimmigrant status. If an Application for T Nonimmigrant Status is 
submitted on or after August 28, 2024, USCIS will conduct an initial 
review to determine if the application is bona fide.
* * * * *

0
6. On page 34935, in the first column, in instruction 7 in Subpart C, 
at Sec.  214.205, correct paragraph (f) to read as follows:


Sec.  214.205  [Corrected]

* * * * *
    (f) Bona fide determinations for applicants in removal proceedings. 
This section applies to applicants whose Applications for T 
Nonimmigrant Status or Applications for Derivative T Nonimmigrant 
Status have been deemed bona fide and who are in removal proceedings 
under section 240 of the Act, or in exclusion or deportation 
proceedings under former sections 236 or 242 of the Act (as in effect 
prior to April 1, 1997). In such cases, ICE may exercise prosecutorial 
discretion, as appropriate, while USCIS adjudicates an Application for 
T Nonimmigrant Status or an Application for Derivative T Nonimmigrant 
Status.
* * * * *

0
7. On page 34938, in the third column, in instruction 7 in Subpart C, 
at Sec.  214.211, correct paragraph (e)(2)(i) to read as follows:


Sec.  214.211  [Corrected]

* * * * *
    (e) * * *
    (2) Age-out protection for eligible family members of a principal 
applicant under 21 years of age. (i) If the T-1 principal applicant was 
under 21 years of age when they applied for T-1 nonimmigrant status but 
reached 21 years of age while the principal application was still 
pending, USCIS will continue to consider a parent or unmarried sibling 
as an eligible family member.
* * * * *

Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of 
Homeland Security.
[FR Doc. 2024-18735 Filed 8-22-24; 8:45 am]
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