[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1039]
[[Page Unknown]]
[Federal Register: January 18, 1994]
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DEPARTMENT OF JUSTICE
28 CFR Part 68
[Order No. 1839-94]
Executive Office for Immigration Review; Rules of Practice and
Procedure for Administrative Hearings Before Administrative Law Judges
in Cases Involving Allegations of Unlawful Employment of Aliens and
Unfair Immigration-Related Employment Practices
AGENCY: Department of Justice.
ACTION: Proposed rule.
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SUMMARY: This proposed rule will amend 28 CFR part 68, which contains
the rules of practice and procedure for administrative hearings
conducted to enforce sections 274A, 274B, and 274C of the Immigration
and Nationality Act (``INA''). Sections 274A and 274B were added to the
INA by the Immigration Reform and Control Act of 1986 (``IRCA''), and
were amended by title V of the Immigration Act of 1990 (``IMMACT''),
which added section 274C to the INA. These amendments are necessary to
bring the practices and provisions established in part 68 into
conformity with the provisions of the INA. Specifically, these
amendments will clarify the amount of time a party has to appeal to the
United States Court of Appeals an Administrative Law Judge's order in a
section 274A or a section 274C proceeding.
DATES: Comments must be received by February 17, 1994.
ADDRESSES: Please submit written comments to Gerald S. Hurwitz, Counsel
to the Director, Executive Office for Immigration Review, suite 2400,
5107 Leesburg Pike, Falls Church, Virginia 22041.
FOR FURTHER INFORMATION CONTACT:Gerald S. Hurwitz, Counsel to the
Director, Executive Office for Immigration Review, suite 2400, 5107
Leesburg Pike, Falls Church, Virginia 22041 (703) 305-0470.
SUPPLEMENTARY INFORMATION: Sections 274A, 274B, and 274C of the INA
require that hearings be held before Administrative Law Judges in cases
involving allegations that a person or other entity has:
(1) Hired, or recruited or referred for a fee, for employment in
the United States an alien knowing that the alien is unauthorized to
work in the United States; or has so hired or referred or recruited for
a fee, any individual when the hiring person or entity fails to comply
with the employment eligibility verification requirements (8 U.S.C.
1324a(a)(1));
(2) Continued to employ an alien in the United States knowing that
the alien is or has become unauthorized with respect to such employment
(8 U.S.C. 1324a(a)(2));
(3) Imposed, in the hiring, recruiting, or referring for employment
of any individual, any requirement that the individual post a bond or
security, pay or agree to pay any amount, or otherwise guarantee or
indemnify against any potential liability under 8 U.S.C. 1324a for
unlawful hiring, recruiting or referring of such individual (8 U.S.C.
1324a(g)(1));
(4) Engaged in unfair immigration-related employment practices (8
U.S.C. 1324b); or
(5) Knowingly participated in activities involving fraudulent
creation or use of documents for the purposes of satisfying, or
complying with, a requirement of the INA (8 U.S.C. 1324c).
On November 24, 1987, the Department of Justice published an
interim final rule establishing administrative practices and procedures
to implement sections 274A and 274B of the INA. 52 FR 44972. After
receiving comments, the Department published the final rule on November
24, 1989. 54 FR 48593. That rule governed all cases properly brought
before an Administrative Law Judge that complied with the requirements
of the INA. Then, on November 28, 1990, Congress enacted the
Immigration Act of 1990, which amended sections 274A and 274B of the
INA, and added section 274C. These amendments necessitated certain
revisions to the practices and procedures established by part 68, which
were set forth in an interim rule with request for comments, published
October 3, 1991. 56 FR 50049. After receiving comments, the Department
published the final rule on December 7, 1992. 57 FR 57669. The final
rule, however, did not distinguish between the time the Administrative
Law Judge ``enters'' an order and the time an order is ``issued''. This
distinction is critical in clarifying the amount of time a party has to
appeal an Administrative Law Judge's order in a section 274A or a
section 274C proceeding to the United States Court of Appeals. Based
upon experience gained by the Office of the Chief Administrative
Hearing Officer in implementing the hearing procedures and the
statutory language regarding the Chief Administrative Hearing Officer's
review authority found at section 274A(e)(7), it is proposed that
Sec. 68.2 paragraph (i) be revised to reflect the reference made to the
definition of ``entry'' in the revised definition of ``issued'' at
Sec. 68.2(k), and that Sec. 68.2 paragraph (k) be amended to account
for the thirty (30) days the Chief Administrative Hearing Officer has
to modify or vacate an Administrative Law Judge's order in a section
274A or 274C proceeding after the Administrative Law Judge enters the
order.
In accordance with 5 U.S.C. 605(b), the Attorney General certifies
that this rule will not have a significant economic impact on a
substantial number of small entities. This rule is not considered to be
a major rule within the meaning of section 1(b) of E.O. 12291, nor does
it have federalism implications warranting the preparation of a
Federalism Assessment in accordance with section 6 of E.O. 12612. The
Attorney General has certified to the Office of Management and Budget
that these final regulations meet the applicable standards provided in
sections 2(a) and 2(b)(2) of E.O. 12778.
List of Subjects in 28 CFR Part 68
Administrative practice and procedure, Aliens, Citizenship and
naturalization, Civil rights, Discrimination in employment, Employment,
Equal employment opportunity, Immigration, Nationality, Non-
discrimination.
For the reasons set forth in the preamble, it is proposed that 28
CFR part 68 be amended as follows:
PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING
ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS AND UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES
1. The authority citation for part 68 will continue to read as
follows:
Authority: 5 U.S.C. 301, 554; 8 U.S.C. 1103, 1324a, 1324b, and
1324c.
2. Section 68.2 paragraphs (i) and (k) would be revised to read as
follows:
Sec. 68.2 Definitions.
* * * * *
(i) Entry as used in section 274B(i)(1) of the INA and Sec. 68.2(k)
means the date the Administrative Law Judge signs the order;
* * * * *
(k) Issued as used in section 274A(e)(8) and section 274C(d)(5) of
the INA means thirty (30) days subsequent to the entry of an order or,
if the Chief Administrative Hearing Officer vacates or modifies the
order, the date the Chief Administrative Hearing Officer signs such
vacation or modification.
* * * * *
Dated: January 6, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-1039 Filed 1-14-94; 8:45 am]
BILLING CODE 1531-26-M
