[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53609-53610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26281]
[[Page 53609]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[EOIR No. 115I; A.G. Order No. 2058-96]
8 CFR Part 292
RIN 1125-AA16
Representation and Appearances: Law Students and Law Graduates
AGENCY: Executive Office for Immigration Review, Immigration and
Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule with request for comments revises two of the
current restrictions 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 represent aliens in
such hearings.
DATES: Effective Date: October 15, 1996.
Comments: Written comments must be received on or before December
16, 1996.
ADDRESSES: All comments concerning this interim rule should be
addressed to both Margaret M. Philbin, General Counsel, Executive
Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls
Church, Virginia 22041, and Janice B. Podolny, Associate General
Counsel, Immigration and Naturalization Service, 425 I Street, NW.,
Suite 6100, Washington, DC 20536.
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: This interim rule with request for comments
amends 8 CFR part 292 by revising two of the current restrictions on
law students and law graduates who wish to represent aliens before the
Immigration and Naturalization Service (INS) and the Executive Office
for Immigration Review (EOIR), including the Board of Immigration
Appeals and the Immigration Courts. Currently section 292.1(a)(2)
requires that a law student who wishes to appear before INS and/or EOIR
file a statement that he or she is participating, under the direct
supervision of a faculty member or an attorney, in a legal aid program
or clinic conducted by a law school. This interim rule amends this
provision to also allow a law student to appear before INS and/or EOIR
if he or she is under the direct supervision of an attorney in a legal
aid program or clinic conducted, by a non-profit organization. This
amendment merely permits law students, like law graduates, to appear
while participating in an independent legal aid program.
In addition, sections 292.1(a) (ii) and (iii) of the current
regulations require that law students and law graduates appear before
INS and/or EOIR without direct or indirect remuneration. This interim
rule amends this provision by requiring that law students and law
graduates appear before INS and/or EOIR without direct or indirect
remuneration from the alien who they represent.
This interim rule expands the pool of competent, properly
supervised representatives 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
sponsored 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. The law student or law graduate still
must have the permission of the official before whom he or she is
appearing. A law student must be appearing under the direct supervision
of a faculty member or licensed attorney. A law graduate may appear
under the supervision of a licensed attorney or an accredited
representatives. These safeguards ensure that those individuals who
have yet to be admitted to a state bar are closely supervised by an
experienced attorney, a professor, or an accredited representative
while representing aliens.
EOIR's and INS's implementation of this rule as an interim rule,
with provisions for post-promulgation public comment, is based upon the
``good cause'' exceptions found at 5 U.S.C. 553 (b) and (d). The
reasons and the necessity for immediate implementation of this interim
rule are as follows: The immediate implementation of this rule will
expand the pool of competent, properly supervised representatives while
also maintaining the supervision requirement for law students and law
graduates. This interim rule provides a benefit to aliens who seek
legal representation by enabling them to more easily identify, retain,
and afford such representation. A notice and comment period for a
proposed rule therefore would have been unnecessary and contrary to the
public interest.
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.
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.
[[Page 53610]]
2. In Sec. 292.1, paragraphs (a)(2) (ii) and (iii) are revised to
read as follows:
Sec. 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 or an attorney, 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
* * * * *
Dated: October 7, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-26281 Filed 10-11-96; 8:45 am]
BILLING CODE 4410-01-M
