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Expiration of the Replenishment Agricultural Worker Program [59 FR 24031 - 24032][FR 25-94]
FEDERAL REGISTER CITE:
59 FR 24031 - 24032
May 10, 1994
BILLING CODE: 4410-10
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1635-93]
Expiration of the Replenishment Agricultural Worker Program
Immigration and Naturalization Service, Justice.
This final rule amends the regulations of the Immigration and Naturalization Service (Service) relating to Replenishment Agricultural Workers (RAWs) under section 210A of the Immigration and Nationality Act (Act). Specifically, this rule removes the regulations pertaining to the RAW program, as the program expired at the end of Fiscal Year 1993.
May 10, 1994.
FOR FURTHER INFORMATION CONTACT:
Ronald S. Chirlin, Senior Immigration Examiner, Naturalization and Special Projects Branch, Adjudications Division, Immigration and Naturalization Service, 425 I Street, NW., Room 3214, Washington DC, 20536, Telephone: (202) 514-5014.
On December 9, 1993, the Immigration and Naturalization Service (Service) published in the Federal Register at 58 FR 64695, a proposed rule to remove 8 CFR part 210a from the Code of Federal Regulations. Section 210A of the Immigration and Nationality Act, the Replenishment Agricultural Worker (RAW) program, was added by the Immigration Reform and Control Act of 1986, Public Law 99-603, dated November 6, 1986. According to section 210A(a)(1) of the Act, the RAW program was to be effective from Fiscal Ye
ar 1990 through the end of Fiscal Year 1993. The program was enacted as a means of providing additional seasonal agricultural workers to United States agricultural employers to alleviate possible shortages of workers for perishable crops. The program allowed the government to replenish the supply of farmworkers by providing foreign workers with legal resident status if the Secretaries of Agriculture and Labor determined that a shortage of such workers existed.
In the three years during which the program was in place, however, a shortage of agricultural workers was never found to exist. Therefore, no immigration benefits were ever granted through the RAW program. As Congress gave no indication that it would extend the RAW program beyond the statutory expiration date, the Service found it appropriate to remove the regulations implementing the RAW program.
The Service received comments from two organizations as a result of the proposed rule. Both organizations supported the removal of Sec. 210a from the Code of Federal Regulations, as the Service's authority to implement the RAW program expired on September 30, 1993. Both commenters also suggested that the Service inform all RAW registrants who contact the Service that the program has expired and that they are not eligible for work authorization under that program. The Service will ensure that all registra
nts who inquire about the program are informed about the program's expiration either orally or in writing, depending on the nature of the inquiry.
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 of the following factors. Since the RAW program was never implemented because a shortage of agricultural workers was never found to exist, any adverse economic impact on small entities would be minimal, if any.
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, Sec.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, it is determined that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.
Executive Order 12606
The Commissioner of the Immigration and Naturalization Service has certified that she has assessed this rule in light of the criteria in Executive Order 12606 and has determined that this rule will not have an impact on family formation, maintenance, or general well-being.
Lists of Subjects in 8 CFR Part 210a
Administrative practice and procedure, Aliens, Migrant labor, Reporting and recordkeeping requirements.
Accordingly, under the Commissioner's authority, 8 U.S.C. 1103, part 210a of chapter I of title 8 of the Code of Federal Regulations is removed.
April 25, 1994
Commissioner,Immigration and Naturalization Service.