DOCUMENT NUMBER: FR 32-94

FEDERAL REGISTER CITE: 59 FR 26593 - 26595

DATE PUBLISHED: May 23, 1994

BILLING CODE 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 210a , 214 , 241 , and 242

[INS No. 1438-93; AG Order No. 1879-94]

RIN 1115-AC86

Revision of Grounds for Deportation; Conforming Regulations

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule makes technical amendments to conform agency regulations with statutory provisions regarding general classes of deportable aliens. These amendments are necessary due to statutory changes. They will ensure implementation of, and regulatory compliance with, the statutory changes.

EFFECTIVE DATE: May 23, 1994.

FOR FURTHER INFORMATION CONTACT: Robert A. Jacobson, Director, Deportation Branch, Detention and Deportation Division, Immigration and Naturalization Service, 425 I Street NW., room 6008, Washington, DC 20536-0002, telephone (202) 514-2865.

SUPPLEMENTARY INFORMATION:

Background

On August 13, 1991, an interim rule with request for comments was published in the Federal Register at 56 FR 38331. This rule amended pertinent sections of 8 CFR parts 210a, 214, 241, and 242 to reflect the technical amendments necessary for conformity with section 241 of the Immigration and Nationality Act (Act), Ch. 477, 66 Stat. 163 (1952), as amended by section 602 of the Immigration Act of 1990 (IMMACT 90), Act of Nov. 29, 1990, Public Law 101-r649, 104 Stat. 4978. Section 307(h) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Technical Amendments), Act of Dec. 12, 1991, Public Law 102-232, 105 Stat. 1733, subsequently made minor corrections in section 241 of the Act.

The majority of the amendments made to section 241 of the Act by section 602 of IMMACT 90 were technical in nature, relating in large part to citation changes. Consequently, the majority of changes to 8 CFR parts 210a, 214, 241, and 242 in the interim rule were also technical in nature. Those regulatory changes which did alter substantive rights were so identified in the interim rule. The comment period for the interim rule ended on September 27, 1991. The Service did not receive any comments. Moreover, th e Technical Amendments did not substantively change the interim rule. The interim rule is, therefore, adopted as final with minor technical changes.

Regulatory Citation in the Interim Rule

In the supplementary information to the interim rule, 8 CFR 214.2(a)(10) was erroneously referred to as "(s)ection 241.2(a)(10)." Also, 8 CFR 214.2(f)(12(i)(E), referred to in the supplementary information and amended by the interim regulations, has since been redesignated as 8 CFR 214.2(f)(16)(i)(D). Finally, 8 CFR 242.7a was erroneously referred to in the paragraph heading of 8 CFR 242.7a of the interim regulations as "Sec. 241.7a."

Changes to Title 8, Code of Federal Regulations

The regulations at 8 CFR 242.8(a), as well as at 8 CFR 242.17(d) (in both the paragraph heading and the regulatory text), are amended by substituting "241(a)(1)(E)(iii)" for "241(a)(1)(E)(ii)." These changes are necessary because the Technical Amendments redesignated section 241(a)(1)(E)(ii) of the Act as section 241(a)(1)(E)(iii). Although this amendment is not directly related to the other citation changes in Part 242, 8 CFR 242.20 is amended by substituting "Sec. 3.39" for "Sec. 3.37," redesignated by a recent regulatory change.

Table of Citation Changes

A table of citation changes in section 241 of the Act resulting from section 602 of IMMACT 90 was included in the supplementary information to the interim rule. The Technical Amendments have since resulted in the addition of a new section 241(a)(1)(E)(ii), as well as redesignated of the former section 241(a)(1)(E)(ii) as section 241(a)(1)(E)(iii). Further, section 241(a)(21), added by section 544(b)(3) of IMMACT 90, and section 241(a)(3)(C), added by the Technical Amendments, both relate to the same deporta tion charge. A new table of citation changes is, therefore, included here for informational purposes. Not all current sections of law, however, are, in all respects, identical to the corresponding former sections.

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Former citation	New citation (effective 3/1/91)
41(a)(1)	241(a)(1)(A).
241(a)(2)	241(a)(1)(B).
241(a)(3)	Repealed.
241(a)(4)	241(a)(2)(A) (i), (ii), (iii).
241(a)(5)	241(a)((3) (A), (B).
241(a)(6)	Repealed.
241(a)(7)	241(a)(4)(A).
241(a)(8)	241(a)(5).
241(a)(9)(A)	241(a)(1)(C)(i).
241(a)(9)(B)	241(a)(1)(D)(i).
241(a)(10)	Previously repealed.
241(a)(11)	241(a)(2)(B).
241(a)(12)	Repealed.
241(a)(13)	241(a)(1)(E)(i).
241(a)(14)	241(a)(2)(C).
241(a)(15)	Repealed.
241(a)(16)	Repealed.
241(a)(17)	241(a)(2)(D) (i), (ii), (iii).
241(a)(18)	241(a)(2)(D)(iv).
241(a)(19)	241(a)(4)(D).
241(a)(20)	241(a)(1)(F).
241(a)(21)	241(a)(3)(C).
241(b)(1)	241(a)(2)(A)(iv).
241(b)(2),(d)	Repealed.
241(c)(1)	241(a)(1)(G)(i).
241(c)(2)	241(a)(1)(G)(ii).
241(e)	241(b).
241(f)(1)	241(a)(1)(H).
241(f)(2)	Repealed.
241(g)	241(a)(1)(D)(ii).
None	241(a)(1)(C)(ii).
None	241(a)(1)(E)(ii).
None	241(a)(1)(E)(iii).
None	241(a)(4)(B).
None	241(a)(4)(C).
None	241(c).

Regulatory Flexibility Act

The Attorney General, 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 the rule merely replaces the obsolete statutory citations with the current ones.

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

The regulations adopted herein 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.

List of Subjects

8 CFR Part 210a

Administrative practice and procedure, Aliens, Migrant labor, Reporting and recordkeeping requirements.

8 CFR Part 214

Administrative practice and procedure, Aliens, Employment, Foreign officials, Health professions, Reporting and recordkeeping requirements, Students.

8 CFR Part 241

Aliens.

8 CFR Part 242

Administrative practice and procedure, Aliens, Apprehension, Crime, Custody, Detention.

Accordingly, the interim rule amending parts 210a, 214, 241, and 242 of chapter I of title 8 of the Code of Federal Regulations, which was published at 56 FR 38331 on August 13, 1991, is adopted as final with the following changes:

PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL

1. The authority citation for part 242 continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note, 1252b, 1254, 1362; 8 CFR part 2.

Sec. 242.8 [Amended]

2. In Sec. 242.8, paragraph (a), the first sentence is amended by revising the reference to section "241(a)(1)(E)(ii)" of the Act to read "241(a)(1)(E)(iii)".

Sec. 242.17 [Amended]

3. Section 242.17, paragraph (d), is amended by revising the reference to section "241(a)(1)(E)(ii)" of the Act in both the paragraph heading and in the regulatory text to read "241(a)(1)(E)(iii)".

Sec. 242.20 [Amended]

4. Section 242.20 is amended by revising the reference to section "3.37" to read "3.39".

May 11, 1994 _________________ Dated:

Signed _______________________________ Janet Reno, Attorney General