[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26630]
[[Page Unknown]]
[Federal Register: October 27, 1994]
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DEPARTMENT OF JUSTICE
8 CFR Part 3
[AG Order No. 1928-94]
Executive Office for Immigration Review; Citizenship Requirement
for Employment
agency: Department of Justice.
action: Proposed rule.
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summary: This proposed rule requires that employees hired by the
Executive Office for Immigration Review (EOIR or Agency) be citizens of
the United States of America. This rule exempts EOIR from the
Immigration Reform and Control Act of 1986's general prohibition of
discrimination based on citizenship status and supplements Executive
Order 11935 which requires United States citizenship for almost all
Federal employees in the competitive service.
dates: Written comments must be received on or before November 28,
1994.
addresses: Please submit written comments in triplicate 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, Telephone: (703) 305-0470.
supplementary information: This proposed rule authorizes EOIR to
require its employees and volunteers to be citizens of the United
States of America. Because the central task of this Agency is
adjudicating immigration-related cases, Agency employees and volunteers
often have access to sensitive information and handle complex and
sensitive immigration issues. It is imperative that individuals who
work at EOIR, either as employees or volunteers, demonstrate their
allegiance to the United States by being able to document that they are
United States citizens. Pursuant to E.O. 11935, 41 FR 37301 (1976), the
Executive Branch requires United States citizenship for employees hired
in the competitive service. This proposed rule extends the citizenship
requirement to all EOIR employees and volunteers. The rule exempts EOIR
from the prohibition of discrimination based on citizenship status,
pursuant to the procedures established by the Immigration Reform and
Control Act of 1986. 8 U.S.C. 1324b(a)(2)(C).
Additionally, this proposed rule allows the Agency to exercise its
discretion to hire non-citizens when necessary to accomplish the
Agency's mission. For example, this rule would permit the Director of
the Agency to authorize hiring an interpreter skilled in the English
language and an unusual foreign language when a United States citizen
interpreter is not available.
Insertion of this rule requires a slight reorganization of 8 CFR
part 3.
This rule does not have a significant adverse economic impact on a
substantial number of small entities. 5 U.S.C. 605(b).
This rule has been drafted and reviewed in accordance with E.O.
12866 section 1(b), Principles of Regulation. The Attorney General has
determined that this rule is not a ``significant regulatory action''
under E.O. 12866, section 3(f), Regulatory Planning and Review, and
accordingly this rule has not been reviewed by the Office of Management
and Budget.
This rule 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 E.O. 12612, it is
determined that this rule does not have sufficient federalism
implication to warrant the preparation of a Federalism Assessment.
List of Subjects in 8 CFR Part 3
Administrative practice and procedure, Immigration, Organization
and functions (Government agencies).
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
1. The authority citation for part 3 of title 8 is revised to read
as follows:
Authority: 5 U.S.C. 301; 8 U.S.C. 1103, 1252 note, 1252b, 1324b,
1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3
CFR 1949-1953 Comp., p. 1002.
2. Section 3.0 is amended by designating the existing text as
paragraph (a) and adding a heading and by adding a new paragraph (b) to
read as follows:
Sec. 3.0 Executive Office for Immigration Review.
(a) Organization. * * *
(b) Citizenship Requirement for Employment. (1) An application to
work at the Executive Office for Immigration Review (EOIR or Agency),
either as an employee or as a volunteer, must include a signed
affirmation from the applicant that he or she is a citizen of the
United States of America. Upon the Agency's request, the applicant must
document United States citizenship.
(2) The Director of EOIR may, by explicit written determination and
to the extent permitted by law, authorize the appointment of an alien
to an Agency position when necessary to accomplish the work of EOIR.
Dated: October 18, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-26630 Filed 10-26-94; 8:45 am]
BILLING CODE 4410-01-M
