Friday January 3, 1997 Part II Department of Justice Immigration and Naturalization Service and Executive Office for Immigration Review 8 CFR Part 1, et al. Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures; Proposed Rule federal register 443 444 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Proposed Rules DEPARTMENT OF JUSTICE For matters relating to the Executive the laws governing admission, Office for Immigration ReviewÐPeggy inspection, removal, and detention of Immigration and Naturalization Service Philbin, General Counsel, Executive aliensÐeliminating or revising old and Executive Office for Immigration Office for Immigration Review, 5107 standards, creating new ones, and Review Leesburg Pike, Suite 2400, Falls Church, reorganizing and revising numerous VA 22041, telephone number (703) 305± provisions of existing law. In some 8 CFR Parts 1, 3, 103, 204, 207, 208, 0470; for asylum issuesÐMichael Shaul, respects, even after the effective date of 209, 211, 212, 213, 214, 216, 217, 221, Field Manual Project Office, the new provisions, existing legal 223, 232, 233, 234, 235, 236, 237, 238, Immigration and Naturalization Service, standards will still be applied with 239, 240, 241, 242, 243, 244, 245, 246, 425 I Street NW., ULLB±4th Floor, respect to legal matters initiated prior to 248, 249, 251, 252, 253, 274a, 286, 287, Washington, DC 20536, telephone that date. The length of this rulemaking 299, 316, 318, and 329 number (202) 616±7439; for inspections document aloneÐonly one of the issuesÐLinda Loveless, Office of regulatory actions necessary to [INS No. 1788±96; AG Order No. 2065±96] Inspections, Immigration and implement IIRIRAÐ demonstrates the RIN 1115±AE47 Naturalization Service, 425 I Street NW., breadth and complexity of these Room 4064, Washington, DC 20536, changes. Inspection and Expedited Removal of telephone number (202) 616±7489; for Congress directed that the provisions Aliens; Detention and Removal of detention and removal issuesÐLen of Title III±A of IIRIRA take effect on Aliens; Conduct of Removal Loveless, Office of Detention and April 1, 1997, and also directed that the Proceedings; Asylum Procedures Deportation, Immigration and Attorney General publish implementing Naturalization Service, 425 I Street NW., regulations by March 1, 1997. A five- AGENCY: Immigration and Naturalization Room 3008, Washington, DC 20536, month period is an extremely short time Service, Justice, and Executive Office for telephone number (202) 616±7799. frame for completing the regulatory Immigration Review, Justice. process for a rule of this magnitude, SUPPLEMENTARY INFORMATION: The Illegal given the time needed to draft the rule, ACTION: Proposed rule. Immigration Reform and Immigrant coordinate with interested agencies, Responsibility Act of 1996, Public Law SUMMARY: This rule proposes to amend complete the regulatory review process 104±208, enacted on September 30, the regulations of the Immigration and by OMB pursuant to Executive Order Naturalization Service (Service) and the 1996, amends the Immigration and 12866, and allow time for public Executive Office for Immigration Nationality Act (Act) in several ways. comment. In particular, it means that Review (EOIR) governing the conduct of This rule proposes to implement the there is not adequate time for the usual both expedited and regular removal IIRIRA by creating a new, expedited rulemaking model of 60 days public proceedings, and handling of asylum removal process for aliens attempting to notice. claims. The regulation addresses other enter the United States through fraud or Because of these exigencies, the activities involving the apprehension, misrepresentation or without proper Department has limited the public detention, hearing of claims and documents while providing a comment period on this proposed rule ultimately the removal of inadmissible mechanism for the determination and to 30 days. However, in order to provide and deportable aliens. In addition, this review of applicants who demonstrate a a fuller opportunity for public input on rule incorporates a number of changes credible fear of persecution if returned the numerous issues addressed in this which are a part of the Administration's to their own country. It consolidates rulemaking, the Department will allow reinvention initiative, mandated in a exclusion and deportation proceedings a 120-day comment period on the directive signed by the President on into one unified removal proceeding. It Interim Rule when that is published by March 4, 1995, requiring all heads of revises the asylum process. the beginning of March, prior to the departments and agencies to conduct a It provides that persons who are development of a Final Rule. page-by-page review of all regulations present in the United States without As of the date this document was and to eliminate or revise those that are inspection are considered applicants for submitted for publication, Public Law outdated or otherwise in need of reform. admission and indicates that such 104±208 had not been printed. The This rule is necessary to implement the persons will not be subject to expedited conference report accompanying the provisions of the Illegal Immigration removal unless and until the INS House version of the bill, however, Reform and Immigrant Responsibility Commissioner invokes the provisions in contains the provisions of IIRIRA. See Act of 1996 (IIRIRA) and the the statute and this rule allowing her to H.R. Conf. Rep. No. 863, 104th Cong. 2d Antiterrorism and Effective Death expand the use of the expedited removal Sess., at 561. The Act should be printed Penalty Act of 1996 (AEDPA). process to include such individuals. in its entirety in the next few weeks. Also, various sections of IIRIRA have DATES: Written comments must be revised and expanded the grounds of Applicants for Admission and Arriving submitted on or before February 3, 1997. inadmissibility (formerly exclusion Aliens ADDRESSES: Please submit written grounds). Section 302 of IIRIRA amends section comments, in triplicate, to the Director, The effective date of the changes 235(a) of the Act to describe as Policy Directives and Instructions implementing the expedited removal applicants for admission both aliens Branch, Immigration and Naturalization process is April 1, 1997. The who are arriving in the United States Service, 425 I Street, NW., Room 5307, Antiterrorism and Effective Death (whether or not they arrive at a Washington, DC 20536. To ensure Penalty Act of 1996, Public Law 104± designated port-of-entry) and aliens proper handling, please refer INS 132, was enacted April 24, 1996. Many present in the United States who have number 1788±96 on your of its major provisions were superseded not been admitted. This section also correspondence. Comments are by IIRIRA before they became effective. includes aliens brought to the United available for public inspection at the Several of the remaining provisions will States after having been interdicted in above address by calling (202) 514±3048 be implemented with this rulemaking. international or United States waters. to arrange for an appointment. Taken together, the provisions of Prior to the enactment of the IIRIRA, FOR FURTHER INFORMATION CONTACT: IIRIRA have made pervasive changes in aliens apprehended after entering the Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Proposed Rules 445 United States without inspection were States, in lieu of removal proceedings, 1.1(q), i.e., aliens arriving at a port-of- subject to deportation proceedings and to depart immediately. Permitting entry, aliens interdicted at sea, and under section 242 of the Act. By an alien to withdraw his or her aliens previously paroled upon arrival. considering such aliens to be applicants application for admission allows the The Commissioner may, however, elect for admission, this amendment Service to better manage its resources by to apply the expedited removal significantly changes the manner in removing inadmissible aliens quickly at procedures to additional classes of which aliens who have entered the little or no expense to the Government, aliens within the limits set by the United States without inspection are and may be considered instead of statute, if, in the Commissioner's considered under the Act. expedited or regular removal when the discretion, such action is operationally In some instances, IIRIRA circumstances of the inadmissibility warranted. The Commissioner's distinguishes between the broader term may not warrant a formal removal. The designation may be localized, in ``applicants for admission'' and a option to permit withdrawal is solely at response to specific needs within a narrower group, ``arriving aliens.'' For the discretion of the Government, and is particular region, or nationwide, as clarity, ``arriving alien'' has now been not a right of the alien. An immigration appropriate. The designation would specifically defined in 8 CFR part 1. The judge may allow only arriving aliens to become effective upon publication in proposed definition of ``arriving alien'' withdraw an application for admission. the Federal Register, except where in section 1.1(q) includes aliens arriving Such a grant should ordinarily require circumstances require immediate at a port-of-entry, aliens interdicted at the Service's concurrence once the issue implementation. The Department would sea, and aliens previously paroled upon of inadmissibility or deportability