Effect of Parole of Cuban and Haitian Nationals on Resettlement Assistance Eligibility [61 FR 36610] [FR 43-96]

DOCUMENT NUMBER: FR 43-96

FEDERAL REGISTER CITE: 61 FR 36610

DATE PUBLISHED: July 12, 1996

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1751-96]

RIN 1115-AE29

Effect of Parole of Cuban and Haitian Nationals on

Resettlement Assistance Eligibility

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

SUMMARY: This interim rule amends the Immigration and Naturalization Service ("the Service") regulations to clarify that nationals of Cuba or Haiti who were paroled into the United States since October 10, 1980, are to be considered to have been paroled in an immigration status referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, as amended. This rule is necessary to ensure that these aliens are not inadvertently considered to hold an immigration status other than the status referred to in section 501(e)(1).

DATES: This interim rule is effective July 12, 1996. Written comments must be received on or before September 10, 1996.

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, Attn: Public Comment Clerk. To ensure proper handling, please reference the INS Number 1751-96 on your correspondence. Comments are available for public inspection at this location by calling (202) 514-3048 to arrange an appointment.

FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Associate General Counsel, Chief of Examinations Division, Office of the General Counsel, Suite 6100, 425 I Street NW., Washington, DC 20536, telephone: (202) 514-2895.

SUPPLEMENTARY INFORMATION: Section 501 of the Refugee Education Assistance Act of 1980, Public Law 96-422, dated October 10, 1980, as amended, provides for certain assistance to and on behalf of aliens paroled into the United States from Cuba and Haiti. Under section 501(e)(1), and alien paroled as a "Cuban-Haitian Entrant (Status Pending)," or in some other "special status * * * for nationals of Cuba or Haiti" is eligible for this assistance, even it the alien has acquired permanent residence, or some other immigration status, at the time assistance is sought. Under section 501(e)(2), by contrast, Cuban or Haitian nationals who are paroled in some parole status other than the "special status" are eligible for assistance only so long as they have not acquired some other immigration status.

Recent high volume influxes of aliens from Cuba, in particular, have resulted in the parole of aliens, without a clear indication that their parole is in a "special status" for Cubans and Haitians. For example, due to clerical oversight the Forms I-94, Arrival-Departure Record, issued to these aliens often have not borne any endorsement to show that their parole gives them an immigration status that is within the scope of section 501(e)(1). This interim rule amends 8 CFR 212.5 to clarify that these aliens , and any Haitian nationals as well, paroled on or after October 10, 1980, are to be considered to have been paroled in the status referred to in section 501(e)(1). This amendment will make it clear that these aliens have been, and remain, in the immigration status referred to in section 501(e)(1), even if they have since acquired some other immigration status. Exceptions are made for aliens paroled for criminal prosecution or solely in order to testify in some official proceedings in the United States.

This interim rule is an interpretive rule. For this reason, the Commissioner of the Immigration and Naturalization Service may properly adopt this rule without the prior notice and comment period that is ordinarily required. 5 U.S.C. 553(b). Because of the urgent need to clarify the immigration status of these aliens, and to make it clear that they hold an immigration status referred to in section 501(e)(1), the Commissioner finds that good cause exists to make this rule effective upon publication in the F ederal Register. The Service believes that this interim rule accurately distinguishes the immigration status categories established by sections 501(e)(1) and 501(e)(2), but will consider any comments addressing this issue that are received during the comment period.

In accordance with 5 U.S.C. 605(b), the Commissioner certifies that this rule does not have a significant economic impact on a substantial number of small entities.

Unfunded Mandate Reform Act of 1995

This interim rule is not a Federal intergovernmental mandate, as defined by 2 U.S.C. 658(5). For this reason, it is not necessary to conduct the analysis provided for under 2 U.S.C. 1532, to develop the small government agency plan under 2 U.S.C. 1533, to solicit State, local or tribal government input under 2 U.S.C. 1534, or to justify this rule as the least burdensome alternative under 2 U.S.C. 1535.

Small Business Regulatory Enforcement Fairness Act of 1996

This interim rule is not a major rule, as defined by 5 U.S.C. 804(2).

Executive Order 12866

This rule is 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, and the Office of Management and Budget has conducted the required review.

Executive Order 12612

The regulations adopted herein will not have substantial direct effects on the States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilties 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.

List of Subjects in 8 CFR Part 212

Administrative practice and procedure, Aliens, Immigration.

Accordingly, part 212 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

1. The authority citation for part 212 continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 1226, 1227, 1228, 1252; 8 CFR part 2.

2. Section 212.5 is amended by adding a new paragraph (g), to read as follows:

§ 212.5 Parole of aliens into the United States.

* * * * *

(g) Effect of parole of Cuban and Haitian nationals . (1) Except as provided in paragraph (g)(2) of this section, any national of Cuba or Haiti who was paroled into the United States on or after October 10, 1980, shall be considered to have been paroled in the special status for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, Public Law 96-422, as amended (8 U.S.C. 1522 note).

(2) A national of Cuba or Haiti shall not be considered to have been paroled in the special status for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, Public Law 96-422, as amended, if the individual was paroled into the United States:

(i) In the custody of a Federal, State or local law enforcement or prosecutorial authority, for purposes of criminal prosecution in the United States; or

(ii) Solely to testify as a witness in proceedings before a judicial, administrative, or legislative body in the United States.

July 2, 1996 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.