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Effect of Parole of Cuban and Haitian Nationals on Resettlement Assistance Eligibility [63 FR 31895] [FR 45-98]
FEDERAL REGISTER CITE:
63 FR 31895
DATE OF PUBLICATION:
June 11, 1998
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 1751-96]
Effect of Parole of Cuban and Haitian Nationals on Resettlement
Immigration and Naturalization Service, Justice.
This rule adopts without change an interim rule published by the Immigration and Naturalization Service (Service) in the
on July 12, 1996. The interim rule amended Service regulations to clarify that, with certain exceptions specified in the interim rule, 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, Pub. L. 96-422, dated October 10, 1980, as amended. This amendment was necessary to ensure that these aliens are not inadvertently consi
dered to hold an immigration status other than the status referred to in section 501(e)(1).
This rule is effective June 11, 1998.
FOR FURTHER INFORMATION CONTACT:
Janice B. Podolny, Associate General Counsel, Chief of Examinations Division, Office of the General Counsel, Immigration and Naturalization Service, Room 6100, 425 I Street NW., Washington, DC 20536, telephone: (202) 514-2895. This is not a toll-free number.
On July 12, 1996, the Service published an interim rule in the
at 61 FR 36610-11. The interim rule clarified that, with certain exceptions specified in the interim rule, nationals of Cuba and Haiti who were paroled into the United States since October 10, 1980, are to be considered to have been paroled in the immigration status referred to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, as amended.
The comment period expired September 10, 1996. The Service received only one comment, from a commenter who supported the promulgation of this rule. The commenter made further comments regarding the expiration of the validity of Forms I-94 issued to parolees, and the parolees' concomitant need to obtain extensions of their parole and of their employment authorization. Since these further comments do not relate to the purpose and substance of the interim rule, nor of this final rule, the Service need not addr
ess these further comments in promulgating this final rule.
Because of the urgent need to clarify the status of the aliens affected by the interim rule, the Commissioner found that good cause existed to make the interim rule effective on July 12, 1996, the date the Service published the interim rule in the
, as stated at 61 FR 36611. This final rule makes no substantive change. For this reason, the Commissioner finds that good cause also exists to make this final rule effective upon publication in the
as permitted under 5 U.S.C. 553.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b), the Commissioner certifies that this final rule does not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is that this rule simply clarifies the immigration status that the affected aliens already hold, and does not alter the rights or obligations of any person or entity.
Unfunded Mandates Reform Act of 1995
This final rule is not a Federal mandate, as defined by 2 U.S.C. 658. For this reason, it is not necessary to conduct the analyses provided for under the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This final rule is not a major rule, as defined by 5 U.S.C. 804(2).
Executive Order 12866
The Commissioner does not consider this rule 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 the required review.
Executive Order 12612
This final rule 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 responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, the Commission has determined that this final rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration.
Accordingly, the interim rule amending 8 CFR part 212, which was published in the
at 61 FR 36610-36611 on July 12, 1996, is adopted as a final rule without change.
May 14, 1998
Commissioner,Immigration and Naturalization Service.