56.3 Texas Band of Kickapoo Indians.

(a) General .

Under 25 U.S.C. section 1300b-13, a person who is not a U.S. citizen and is a member of the Texas Band of Kickapoo Indians, a subgroup of the Kickapoo Tribe of Oklahoma, cannot be denied admission to the United States. However, a non-citizen seeking admission under 25 U.S.C. section 1300b-13 must prove his or her eligibility. This is usually accomplished by presenting documents establishing membership in the Texas Band of Kickapoo Indians, such as a tribal certification that is based on reliable tribal re cords or a birth certificate, to an immigration officer at a Port of Entry (POE). Once membership in the Texas Band of Kickapoo Indians has been established, the member can freely enter the U.S., regardless of the purpose or duration of the trip, even if technically inadmissible or previously deported.

(b) Creation of Record of Admission as a Member of the Texas Band of Kickapoo Indians .

An immigration officer at the POE must complete the following steps to document the first entry of a non-citizen as a member of the Texas Band of Kickapoo Indians:

(1) Review the documentation submitted in support of the claim .

Officers at locations where Indian tribal members frequently seek admission under 8 U.S.C. section 1300b-13 should familiarize themselves with tribal documentation common to the area. Make photocopies of all documentation. Depending upon the facts and documentation presented, a sworn statement may also be required.

(2) Complete a central index check and open an “A” file at the port-of-entry in accordance with local procedures .

(3) If the alien is 14 years of age or older :

· Conduct a check of the lookout system.

· Take a complete set of fingerprints on Form FD-258, in compliance with section 264 of the Act. These fingerprints need not be forwarded for clearance to the FBI, but should be retained in the file.

(4) If the documentation is acceptable and no adverse information develops from the central index query, complete Form I-181, Memorandum of Creation of Record of Admission for Lawful Permanent Residence. The words "Member of the Texas Band of Kickapoo Indians" must be endorsed on the Form I-181. Under the box marked "Other Law" indicate 8 U.S.C. section 1300b-13.

(5) Complete Form I-89, Data Collection Card, including fingerprint, proper photograph, and other required data. The admission classification is KIP . Forward the completed Form I-89 and a copy of the Form I-181 for card issuance, in the manner prescribed for immigrant visas.

(6) Issue a temporary Form I-551 to facilitate travel until the actual Form I-551 is produced.

(7) Include copies of all supporting materials in the file, placing the Form I-181 on top. Forward the “A” file to the district file room.

(c) Denied applications .

The claim of a person who seeks admission under 25 U.S.C. section 1300b-13 should be denied if the supporting documentation is insufficient to establish eligibility, a claim is determined to be false, or the claimant is not a member of the Texas Band of Kickapoo Indians. If the claim is denied, the immigration officer should create an “A” file, place a memorandum in the file indicating that the application has been denied and the reasons for the denial, verbally advise the applicant of the decision, and fo rward the “A” file to the district file room. Although there is no appeal from the decision, the claimant may renew his or her request if and when he or she is able to overcome the basis of the immigration officer’s decision. Depending on the circumstances, the claimant may be permitted to withdraw or may be processed for expedited removal.