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Removal of Obsolete Sections of the Regulation Concerning Temporary Protected Status for Salvadorans [61 FR 47667] [FR 27-96]
: FR 27-96
FEDERAL REGISTER CITE:
61 FR 47667
September 10, 1996
BILLING CODE 4410-10-M
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 240
[INS No. 1612-93]
Removal of Obsolete Sections of the Regulation Concerning
Temporary Protected Status for Salvadorans
Immigration and Naturalization Service, Justice.
This final rule amends the Immigration and Naturalization Service (Service) regulations by removing those sections relating to Temporary Protected Status (TPS) for Salvadorans under section 303 of the Immigration Act of 1990 (IMMACT). Since the TPS program for Salvadorans expired on June 30, 1992, this action is necessary to remove obsolete language from the Service's regulations.
September 10, 1996.
FOR FURTHER INFORMATION CONTACT:
Ron Chirlin, Adjudications Officer, Residence and Status Services Branch, Adjudications Division, Immigration and Naturalization Service, 425 I Street,
NW., Room 3214, Washington DC, 20536, Telephone: (202) 514-5014.
Section 302 of the Immigration Act of 1990 (IMMACT), Public Law 101-649, dated November 29, 1990, added section 244A of the Immigration and Nationality Act (Act), establishing Temporary Protected Status (TPS) relief. Upon designation of a foreign state by the Attorney General, TPS affords temporary protection and work authorization in the United States to eligible individuals from a designated foreign state that is experiencing ongoing armed conflict, environmental disaster, or other harmful conditions tha
t would prevent such individuals from returning to that state in safety.
In addition to the general procedures governing TPS under section 244A of the Act, section 303 of IMMACT afforded such protection specifically to nationals of El Salvador for an 18-month period ending on June 30, 1992. The special TPS program for Salvadorans included some special limitations and requirements which were implemented in 8 CFR 240.40 through 240.47. These special procedures for Salvadorans included additions or exceptions to the general TPS procedures in 8 CFR 240.1 through 240.20. The Servi
ce published both the general and the specific Salvadoran TPS regulations in the
as an interim rule on January 7, 1991, at 56 FR 618 and as a final rule on May 22, 1991, at 56 FR 23491.
Under section 303 of IMMACT, TPS designation for El Salvador was to expire on June 30, 1992, unless the Attorney General extended the designation. On June 26, 1992, the Commissioner of the Service announced in the
at 57 FR 28700 that Salvadoran TPS designation would not be extended.
Although Salvadoran TPS expired, many of the Salvadoran TPS registrants became eligible to apply for a 1-year program of deferred enforced departure (DED) established by presidential order through the June 26, 1992,
notice. By a
notice published June 8, 1993, at 58 FR 32157, the Service further extended DED until December 31, 1994, as directed by President Clinton. The Service subsequently extended until April 30, 1996, the DED-related work authorization of Salvadorans whose DED registration expired on December 31, 1994, by a series of
notices concluding on January 30, 1996, at 61 FR 3053.
Under a court-approved settlement in a lawsuit captioned American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) (ABC), eligible TPS and DED Salvadorans are entitled to a de novo asylum adjudication. The Sevice will begin to schedule ABC class members for asylum interviews on a routine basis.
The Salvadoran TPS program expired on June 30, 1992. The Service therefore finds it appropriate to remove the obsolete regulations concerning the expired Temporary Protected Status program for Salvadorans.
Impact of Removal of Obsolete Sections of the Regulation
The removal of obsolete sections of the regulation will streamline the regulations and decrease confusion. The Service will continue to inform all former Salvadoran TPS registrants who inquire that the program has expired and that they are not eligible for further registration or work authorization under that program.
Basis for Removal of Obsolete Sections of the Regulation Without Advance Notice or Provision for Public Comments
The Service's implementation of this rule as a final rule without advance notice or provision for public comment procedures is based upon the "good cause" exception found at 5 U.S.C. 553 (b) and (d). The reasons for immediate final publication of this rule without provision for public comment are as follows:
The Service is removing language in the regulations which relates only to the specific statutory Salvadoran TPS program which expired on June 30, 1992. As the Salvadoran TPS reregistration period and TPS program both expired on that date, all such applications have been adjudicated and any further applications are inappropriate. The continued presence of this obsolete language serves no function and advance notice and public comment procedures
are therefore unnecessary.
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 because it merely removes language which implemented an expired statutory provision.
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, and the Office of Management and Budget has waived its review process under section 6(a)(3)(A).
Executive Order 12612
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 Executive Order 12612, this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.
List of Subjects in 8 CFR Part 240
Administrative practice and procedure, Immigration.
Accordingly, part 240 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:
PART 240--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES
1. The authority citation for part 240 continues to read as follows:
8 U.S.C. 1103, 1254, 1254a note.
2. Part 240 is amended by removing the heading for Subpart A.
3. Part 240 is amended by removing Subpart B.
July 11, 1996
Commissioner,Immigration and Naturalization Service.