Executive Office for Immigration Review; Representation and Appearances: Law Students and Law Graduates[62 FR 23634][FR 21-97]

DOCUMENT NUMBER: FR 21-97

FEDERAL REGISTER CITE: 62 FR 23634

DATE PUBLISHED: May 1, 1997

BILLING CODE 4410-30-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 292

[EOIR No. 115F; A.G. Order No. 2081-97]

RIN 1125-AA16

Executive Office for Immigration Review; Representation and

Appearances: Law Students and Law Graduates

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This final rule revises two of the current restrictions on supervising and compensating law students and law graduates who wish to represent aliens before the Immigration and Naturalization Service and the Executive Office for Immigration Review, including the Board of Immigration Appeals and the Immigration Courts. The number of immigration cases, and thus the number of representatives needed, has increased in recent years. This revision will expand the pool of law students and law graduates eligible to re present aliens in such hearings.

EFFECTIVE DATE: This final rule is effective June 2, 1997.

FOR FURTHER INFORMATION CONTACT: Margaret M. Philbin, General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone (703) 305-0470, or Janice B. Podolny, Associate General Counsel, Immigration and Naturalization Service, 425 I Street, NW., Suite 6100, Washington, DC 20536, telephone (202) 514-2895.

SUPPLEMENTARY INFORMATION: On October 15, 1996, the Executive Office for Immigration Review (EOIR) and the Immigration and Naturalization Service (INS) published and interim rule with request for comments in the Federal Register (61 FR 53609) amending 8 CFR part 292 by revising two of the current restrictions on law students and law graduates who wish to represent aliens before the INS and EOIR, including the Board of Immigration Appeals and the Immigration Courts. This final rule expands the pool of competent, properly supervised r epresentatives for individuals who might otherwise be unable to obtain legal representation by removing these two restrictions upon law students and law graduates. The number of immigration cases completed in fiscal year 1995 totaled more than 168,000, and the need for individuals to represent these aliens has increased. Under this revised regulation, more law students and law graduates will be available to represent aliens in immigration proceedings because participants in legal aid clinics or programs spo nsored by both law schools and non-profit organizations will be eligible. These law students and law graduates will also be able to accept compensation for their work so long as they are not paid, either directly or indirectly, by the alien whom they represent. This will allow law students and law graduates to work through legal aid clinics or programs which provide representation to aliens in immigration proceedings on a pro bono basis.

In response to the above rulemaking, EOIR and INS received one public comment. The commenter noted that the interim rule required law students to be supervised by a faculty member or an attorney, but did not provide for their supervision by an accredited representive. The commenter pointed out that limiting law students' supervision to faculty members or attorneys would limit the availability of law students for pro bono representation, since many non-profit organizations are staffed by accredited represent atives and not licensed attorneys.

Since the primary purpose of this rule is to expand the pool of competent, properly supervised representative for individuals who might otherwise be unable to obtain legal representation, this comment will be accepted.

In addition, the reference to INS "regional commissioner" in 8 CFR § 292.1(a)(2)(iv) has been deleted and replaced with "regional director" in order to reflect a change in the official title of these INS officials.

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 $100,000,000 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.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by § 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $ 100,000,000 or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b), the Attorney General certifies that this rule affects only individuals in need of legal representation before INS and/or EOIR and does not have a significant economic impact on a substantial number of small entities. No additional costs will be incurred as a result of this rule. The purpose of this rule is merely to expand the pool of competent, properly supervised representatives for individuals who might otherwise be unable to obtain legal representation.

Executive Order 12866

The Attorney General has determined that this rule is not a significant regulatory action under Executive Order No. 12866, and accordingly this rule has not been reviewed by the Office of Management and Budget.

Executive Order 12612

This rule has no Federalism implications warranting the preparation of a Federalism Assessment in accordance with Executive Order No. 12612.

Executive Order 12988

The rule complies with the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order No. 12988.

List of Subjects in 8 CFR Part 292

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

For the reasons set forth in the preamble, part 292 of chapter I of Title 8 of the Code of Federal Regulations is amended as follows:

PART 292--REPRESENTATION AND APPEARANCES

1. The authority citation for part 292 continues to read as follows:

Authority: 8 U.S.C. 1103, 1252b, 1362.

2. In § 292.1, paragraphs (a)(2)(ii), (iii), and (iv) are revised to read as follows:

§ 292.1 Representation of others.

(a) * * *

(2) * * *

(ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of a faculty member, licensed attorney, or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is appearing without direct or indirect remuneration from the alien he or she represents;

(iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; and

(iv) The law student's or law graduate's appearance is permitted by the official before whom he or she wishes to appear (namely an immigration judge, district director, officer-in-charge, regional director, the Commissioner, or the Board). The official or officials may require that a law student be accompanied by the supervising faculty member, attorney, or accredited representative.

* * * * *

April 24, 1997 _________________ Dated:

Signed _______________________________ Janet Reno, Attorney General