[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28697]
[[Page Unknown]]
[Federal Register: November 22, 1994]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 100 and 103
[INS No. 1501-94]
RIN 1115-AD72
Implementation of Internal Reorganization of the Immigration and
Naturalization Service
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule amends existing Immigration and Naturalization
Service (Service) regulations by revising the organizational structure
of the Service to conform to the Service reorganization plan approved
by Attorney General Reno. These regulations will allow for empowerment
of Headquarters and field managers, and further enhance Service
planning and communications capabilities.
EFFECTIVE DATE: November 22, 1994.
FOR FURTHER INFORMATION CONTACT: Gary S. Messina, Acting Executive
Associate Commissioner, Policy and Planning, Immigration and
Naturalization Service, 425 I Street NW., Room 6042, Washington, DC
20536, telephone (202) 514-3242.
SUPPLEMENTARY INFORMATION: The reorganization of the Immigration and
Naturalization Service was approved by Attorney General Reno on January
14, 1994. A copy of the organization chart, which graphically
illustrates the approved structure, is published with this final
regulation as Appendix A.
The reorganization will: (a) Create a clearer sense of mission by
knitting together the Service's major functions and programs; (b)
decentralize decision-making authority and delegate authority to
persons geographically closer to the locations where work is being
performed; (c) empower field operational units to improve the delivery
of services to customers; (d) re-engineer major processes, such as
those which develop and disseminate organizational policy and
guidelines, and which are outdated approaches to handing records and
information; and (e) develop a capability and commitment to plan for
the future, set customer service standards, and establish quantitative
performance measures to enable the Service to evaluate its programs and
service delivery. To accomplish these goals, the reorganization creates
several new components through the restructuring of some existing ones
and the abolition of others. Some components retain their identity, but
with revised duties and reporting relationships, while other components
remain unchanged. This final regulation formalizes the new components,
responsibilities, and reporting relationships.
Synopsis of the changes
----------------------------------------------------------------------------------------------------------------
Former organizational structure New organizational structure
----------------------------------------------------------------------------------------------------------------
Executive Associate Commissioner....................... Abolished, functions realigned to the Deputy
Commissioner, and the four Executive Associate
Commissioners (EACs).
Office of Professional Responsibility.................. Abolished, some functions absorbed by the Office of
Internal Audit.
Office of Program Inspections.......................... Abolished, some functions absorbed by the Office of
Internal Audit.
Office of Congressional and Public Affairs............. Functions redistributed to an Office of Public Affairs
and an Office of Congressional Relations.
Office of Anti-Smuggling under the Office of Anti-Smuggling function absorbed into the Office of
Enforcement. Investigations.
Associate Commissioner, Management..................... EAC, Management.
Office of Comptroller under the Office of Management... Office of Finance under the EAC, Management.
Office of Personnel and Training under the Office of Office of Human Resources and Administration under the
Management. EAC, Management.
Office of Administration under the Office of Management Administration functions absorbed into the Office of
Human Resources and Administration under the EAC,
Management.
Office of Equal Employment Opportunity under the Office Reports to the EAC, Management.
of Management.
Office of Plans and Analysis under the Executive EAC, Policy and Planning.
Associate Commissioner.
Office of Information Systems under the Executive Office of Information Resources Management under the
Associate Commissioner. EAC, Management.
Records Systems Division under the Office of Functions realigned to EAC, Management; EAC, Programs;
Information Systems. EAC, Policy and Planning; and Director, Public
Affairs.
Data Systems Division under the Office of Information Reports to the Office of Information Resources
Systems. Management.
Office of Policy Directives and Instructions under the Policy Directives and Instructions Branch under the
Office of Information Systems. EAC, Policy and Planning.
Project Control and Integration Division under the Systems Integration Division under the Office of
Office of Information Systems. Information Resources Management.
Office of Examinations................................. Reports to the EAC, Programs.
Adjudication Division under the Office of Examinations. Adjudications and Nationality Division under the Office
of Examinations.
Refugee, Asylum, and Parole Division under the Office Functions realigned to EAC, Field Operations to include
of Examinations. an Asylum Division and a Refugees and Parole Division,
both of which report to the Office of International
Affairs.
Office of Outreach Program under the Office of Absorbed into the Adjudications and Nationality
Examinations. Division under the Office of Examinations.
Administrative Appeals Unit under the Office of Administrative Appeals Office under the Office of
Examinations. Examinations.
Legalization Division under the Office of Examinations. Abolished.
National Fines Office under the Office of Examinations. Absorbed into the Inspections Division under the Office
of Examinations.
Four Regional Commissioners............................ Abolished and functional responsibilities realigned to
three Regional Directors reporting to the EAC, Field
Operations, and four Directors of Administrative
Centers reporting to the EAC, Management.
----------------------------------------------------------------------------------------------------------------
Discussion of Changes
Deputy Commissioner
The reorganization reaffirms the position of the Deputy
Commissioner and specifically empowers the incumbent to serve as Chief
Operating Officer for the Service. The Deputy Commissioner supervises
the four newly established Executive Associate Commissioner (EAC)
positions. The EACs are for Programs, Field Operations, Policy and
Planning, and Management. The EAC for Field Operations supervises the
Regional Directors who, in turn, supervise the District Directors and
Chief Patrol Agents. The other three EACS are staff to the Commissioner
and Deputy Commissioner. The responsibility for reconciling field and
Headquarters requirements lies with the Deputy Commissioner, freeing
the Commissioner to set policy and represent the Service externally.
As noted, the reorganization abolished the position of Executive
Associate Commissioner. With this change, authority and responsibility
held by that office are realigned under the new positions of Executive
Associate Commissioner, Programs; Executive Associate Commissioner,
Field Operations; Executive Associate Commissioner, Policy and
Planning; and Executive Associate Commissioner, Management, reporting
to the Deputy Commissioner.
Finally, the Offices of Professional Responsibility, Program
Inspection, and the position of Special Representative of the
Commissioner are abolished.
Executive Associate Commissioner for Programs
The Executive Associate Commissioner for Programs is responsible
for policy development, review and integration of the Service's
enforcement and examinations programs, and supervision of the Associate
Commissioners for Examinations and Enforcement. The Executive Associate
Commissioner for Programs does not exercise line authority over
district and sector operations.
Office of Asset Forfeiture
The Office of Asset Forfeiture is now delegated authority by the
Associate Commissioner of Enforcement to adjudicate claims under
section 274 (b) of the Act on behalf of the Commissioner of the
Immigration and Naturalization Service.
Executive Associate Commissioner for Field Operations
The Executive Associate Commissioner for Field Operations responds
to field office needs; implements policy; ensures consistency and
program effectiveness in the work of Service districts and sectors,
including the Service's foreign offices; and serves as a single point
of contact and advocacy at the Headquarters level for field issues. The
EAC for Field Operations supervises three Regional Director positions
who are responsible for Eastern, Central, and Western Field Operations.
Additionally, the EAC for Field Operations supervises the Director,
International Affairs.
Regional Directors
The reorganization abolishes the four Regional Commissioner
positions and replaces them with three Regional Directors for domestic
activities. They are responsible for Eastern, Central, and Western
Field Operations. These three domestic regions replace the old four-
region configuration and provide an intermediate management level
between dispersed, complex field activities and Headquarters. Each
region includes a southern and a northern border. The regional
alignment reflects an even, three-way distribution of Service workload
and resources. The Regional Directors will also act as spokespersons in
their respective geographic areas.
Office of International Affairs
The reorganization creates an Office of International Affairs and
places it under the Executive Associate Commissioner for Field
Operations. This office will assume responsibility for foreign
operations and the centralized political asylum program. This action
establishes the foreign districts as a mini-region, and allows them to
function as an extension of domestic operations, discharging refugee
and parole responsibilities.
Executive Associate Commissioner for Policy and Planning
The Office of Plans and Analysis is renamed Policy and Planning and
moved under the new EAC for Policy and Planning. This organization
serves as a clearinghouse for Service policy and is responsible for a
wide spectrum of policy activities, including policy formulation,
codification, and dissemination within the agency. To this end, the
Office of Policy Directives and Instructions is absorbed by the new
organization. Strategic planning, annual priorities development,
statistics, research and development, and cross-program initiatives,
all functions now performed in the Office of Plans and Analysis, are
subsumed in the new organization.
Executive Associate Commissioner for Management
The Executive Associate Commissioner for Management will be
responsible for the duties now extant in the Management and Information
Systems components of the Service, and will exercise this
responsibility through Headquarters Offices of Security, Equal
Employment Opportunity, Files and Forms Management, Human Resources and
Administration, Finance, Information Resources Management, and the four
Administrative Centers (new position; see discussion below).
Director, Administrative Center
The reorganization further establishes four new Director of
Administrative Center positions. The directors will be responsible for
administrative services, program oversight, and liaison functions at
their respective locations. Specifically, they will manage personnel,
administrative, information systems, financial, security, and equal
employment opportunity aspects of the offices in their respective
geographical areas, subject to oversight and direction from
Headquarters. The directors will report to the Executive Associate
Commissioner for Management in the exercise of these responsibilities.
Executive Staff Offices
In addition, the reorganization consolidates existing functions and
establishes new offices to oversee and supervise their operation. The
Office of Internal Audit, the Office of Congressional Relations, and
the Office of Public Affairs are such offices. They will be located in
the Office of the Commissioner, and each will be headed by a Director.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605 (b)), has
reviewed this regulation and, by approving it, certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This regulation deals with an internal reorganization
within the Service, as discussed in the Supplemental section of this
document.
Executive Order 12866
This rule is considered by the Department of Justice, Immigration
and Naturalization Service, to be a ``significant regulatory action''
under Executive Order 12866, section 3(f), Regulatory Planning and
Review and has been approved by the Office of Management and Budget. As
noted in the supplementary section of the rule, the Service has
realigned functions and responsibilities to increase overall
operational efficiency. The organizational realignments,
decentralization and redelegation of specific programmatic
responsibility and accountability, as well as empowerment of staff, are
critical changes being implemented by the reorganization. These
initiatives are deemed by the Service to be significant actions which
are in conformance with the Administration's priorities as outlined by
the National Performance Review.
Executive Order 12612
This regulation 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 Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12606
The Commissioner of the Immigration and Naturalization Service has
reviewed this rule and, by signing it, certifies that she has assessed
the rule in light of the criteria in Executive Order 12606 and has
determined the regulation will have no bearing on family well-being.
List of Subjects
8 CFR Part 100
Organizations and functions (Government agencies).
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 100--STATEMENT OF ORGANIZATION
1. The authority citation for Part 100 continues to read as
follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
2. Section 100.2 is revised to read as follows:
Sec. 100.2 Organization and functions.
(a) Office of the Commissioner. The Attorney General has delegated
to the Commissioner, the principal officer of the Immigration and
Naturalization Service, authority to administer and enforce the
Immigration and Nationality Act and all other laws relating to
immigration, naturalization, and nationality as prescribed and limited
by 28 CFR 0.105.
(1) Office of the General Counsel. Headed by the General Counsel,
the office provides legal advice to the Commissioner, the Deputy
Commissioner, and staff; prepares legislative reports; assists in
litigation; prepares briefs and other legal memoranda when necessary;
directs the activities of the regional counsel; oversees the
professional activities of all Service attorneys assigned to field
offices; and, makes recommendations on all personnel matters involving
Service attorneys.
(2) Office of Congressional Relations. Headed by the Director of
Congressional Relations, the office is responsible for establishing and
maintaining effective liaison with the Congress, Department of Justice,
and other agencies on such matters as bills, mark-ups, hearings, and
Congressional inquiries.
(3) Office of Public Affairs. Headed by the Director of Public
Affairs, the office is responsible for establishing and maintaining
public affairs policy, serving as liaison with various constituent
communities (intergovernmental, public, news organization, etc.) to
communicate Service initiatives, such as naturalization and employer
education, and producing public information products.
(4) Office of Internal Audit. Headed by the Director of Internal
Audit, the office promotes economy, efficiency, and effectiveness
within the Service by managing the Service's systems for resolving
alleged mismanagement and misconduct by Service employees; reviewing
and evaluating the efficiency and effectiveness of Service operations
and programs; collecting and analyzing data to identify patterns of
deficiencies or other weaknesses warranting investigative or audit
follow-up; making recommendations on disciplinary policies and
procedures of the Service; overseeing Service systems to eliminate
fraud, waste, and abuse in the workplace; and acting as the Service's
liaison with outside audit/inspection agencies. These duties are
executed in coordination with other components of the Service and other
Department of Justice components.
(b) Office of the Deputy Commissioner. Headed by the Deputy
Commissioner, the office is authorized to exercise all power and
authority of the Commissioner unless any such power or authority is
required by law to be exercised by the Commissioner personally. The
Deputy Commissioner advises and assists the Commissioner in formulating
and implementing Service policies and programs, and provides
supervision and direction to all organizational units of the Service.
The Deputy Commissioner also performs such other duties as may be
assigned from time-to-time by the Commissioner. In addition, the Deputy
Commissioner supervises the four Executive Associate Commissioners for
Programs, Field Operations, Policy and Planning, and Management.
(c) Office of the Executive Associate Commissioner for Programs--
(1) General. (i) Headed by the Executive Associate Commissioner for
Programs, the office is responsible for policy development and review
as well as integration of the Service's enforcement and examinations
programs. This office has primary responsibility for the planning,
oversight, and advancement of programs engaged in interpretation of the
immigration and nationality laws and the development of regulations to
assist in activities, including:
(A) The granting of benefits and privileges to those qualified to
receive them;
(B) Withholding of benefits from those ineligible;
(C) Control of the borders and prevention of illegal entry into the
United States;
(D) Detection, apprehension, detention, and removal of illegal
aliens; and
(E) Enforcement of employer sanctions and other provisions of
immigration-related law.
(ii) In addition to overseeing enforcement and examination policy
matters, the Office of Programs is also responsible for immigration
records. The Executive Associate Commissioner for Programs promulgates
policy, provides direction and supervises the activities of the Offices
of Enforcement and Examinations.
(2) Office of Enforcement. Headed by the Associate Commissioner for
Enforcement, the office is responsible for the planning, oversight, and
advancement of enforcement programs engaged in interpretation of the
immigration and nationality laws, and the development of Service
policies to assist enforcement activities. The Associate Commissioner
for Enforcement directly supervises the Headquarters:
(i) Border Patrol Division;
(ii) Investigations Division;
(iii) Detention and Deportation Division;
(iv) Intelligence Division; and
(v) Asset Forfeiture Office.
(3) Office of Examinations. Headed by the Associate Commissioner
for Examinations, the office is responsible for the planning,
oversight, and advancement of examinations programs engaged in
interpretation of the immigration and nationality laws, and the
development of Service policies to assist examinations activities. The
Office of Examinations is also responsible for all district and service
center records and all records operations, except records policy. The
Associate Commissioner for Examinations directly supervises the
Headquarters:
(i) Adjudications and Nationality Division;
(ii) Inspections Division;
(iii) Service Center Operations Division;
(iv) Records Division; and
(v) Administrative Appeals Office.
(d) Office of the Executive Associate Commissioner for Field
Operations--(1) General. (i) Headed by the Executive Associate
Commissioner for Field Operations, the office is responsible for
implementing policies related to the Service's field operations. This
office has primary responsibility for oversight and coordination of all
field operations relating to the administration of immigration law,
including:
(A) The granting of benefits and privileges to those qualified to
receive them;
(B) Withholding of benefits from those ineligible;
(C) Control of the borders and prevention of illegal entry into the
United States;
(D) Detection, apprehension, detention, and removal of illegal
aliens;
(E) Enforcement of employer sanctions and other provisions of
immigration-related law; and
(F) Refugee processing, adjudication of relative applications/
petitions filed by citizens and legal permanent residents, and overseas
deterrence of alien smuggling and fraud activities.
(ii) The Executive Associate Commissioner for Field Operations
provides direction to, and supervision of, the three Regional Directors
(Eastern, Central, and Western), and the Director, International
Affairs.
(2) Offices of the Regional Directors. (i) General. Headed by
regional directors, these offices are responsible for directing all
aspects of the Service's field operations within their assigned
geographic areas of activity. The regional directors provide general
guidance and supervision to:
(A) Service districts within their regions; and
(B) Border Patrol sectors within their regions.
(ii) Service districts. Headed by district directors, who may be
assisted by deputy district directors, these offices are responsible
for the administration and enforcement of the Act and all other laws
relating to immigration and naturalization within their assigned
geographic areas of activity, unless any such power and authority is
either required to be exercised by higher authority or has been
exclusively delegated to another immigration official or class of
immigration officer. District directors are subject to the general
supervision and direction of their respective regional director, except
that district directors outside of the United States are subject to the
general supervision and direction of the Director for International
Affairs.
(iii) Border Patrol Sectors. Headed by chief patrol agents who may
be assisted by deputy chief patrol agents, these offices are
responsible for the enforcement of the Act and all other laws relating
to immigration and naturalization within their assigned geographic
areas of activity, unless any such power and authority is required to
be exercised by higher authority or has been exclusively delegated to
another immigration official or class of immigration officer. Chief
patrol agents are subject to the general supervision and direction of
their respective regional director.
(3) Office of International Affairs. Headed by a Director of
International Affairs, the office is responsible for ensuring that the
foreign affairs mission of the Service reflects a full partnership
between the Service, the Executive Branch agencies, and the Congress,
the administration of U.S. immigration law on foreign soil, and the
U.S. domestic asylum program. The Director for International Affairs
provides general guidance and supervision to:
(i) Foreign districts;
(ii) Asylum Division; and
(iii) Refugee and Parole Division.
(e) Office of the Executive Associate Commissioner for Policy and
Planning. Headed by the Executive Associate Commissioner for Policy and
Planning, the office is responsible for directing and coordinating
Servicewide policy and planning activities, and conducting analysis of
these as well as other issues which cross program lines or have
national implications.
(f) Office of the Executive Associate Commissioner for Management--
(1) General. Headed by the Executive Associate Commissioner for
Management, the office is responsible for planning, developing,
directing, coordinating, and reporting on Service management programs
and activities. The Executive Associate Commissioner for Management
promulgates Servicewide administrative policies and coordinates all
financial, human resource, administrative, and information resources
management functions. The Executive Associate Commissioner for
Management provides direction to, and supervision of, the:
(i) Office of Security;
(ii) Office of Equal Employment Opportunity;
(iii) Office of Human Resources and Administration;
(iv) Office of Finance;
(v) Office of Information Resources Management;
(vi) Office of Files and Forms Management; and
(vii) Administrative Centers.
(2) Office of Security. Headed by the Director of Security, the
office is responsible for all security programs of the Service,
including those related to personnel, physical, information and
documents, automated data processing, telecommunications, and emergency
preparedness planning.
(3) Office of Equal Employment Opportunity. Headed by the Director
of Equal Employment Opportunity, the office is responsible for
developing, planning, directing, managing, and coordinating equal
employment opportunity programs and evaluating programs relating to the
civil rights of all employees and applicants to ensure compliance with
the law. This office also coordinates the affirmative employment and
discrimination complaints programs of the Service and those of the
Department of Justice as they apply to the Service.
(4) Office of Human Resources and Administration. Headed by the
Associate Commissioner for Human Resources and Administration, the
office is responsible for planning, developing, directing, managing,
and coordinating the personnel, career development, contracting,
facilities, and administrative support programs of the Service. The
Associate Commissioner for Human Resources and Administration directly
supervises the:
(i) Human Resources and Development Division; and
(ii) Administration Division.
(5) Office of Finance. Headed by the Associate Commissioner for
Finance, the office is responsible for planning, developing, directing,
managing, coordinating, and reporting on, the budget, accounting, and
resource management programs of the Service. The Associate Commissioner
for Finance directly supervises the:
(i) Budget Division; and
(ii) Financial Management Division.
(6) Office of Information Resources Management. Headed by the
Associate Commissioner for Information Resources Management, the office
is responsible for planning, developing, directing, managing,
coordinating, and reporting on Service information management programs
and activities including automated data processing, telecommunications,
and radio communications. The Associate Commissioner for Information
Resources Management directly supervises the:
(i) Data Systems Division; and
(ii) Systems Integration Division.
(7) Office of Files and Forms Management. Headed by the Director of
Files and Forms Management, the office is responsible for the
administration of records policy, and correspondence files. The
Director of Files and Forms Management directly supervises the:
(i) National Records Center;
(ii) National Forms Center;
(iii) Systematic Alien Verification Entitlement (SAVE) Program; and
(iv) Centralized Freedom of Information Act and Privacy Act (FOIA/
PA) program.
(8) Office of the Administrative Center. Headed by directors, these
offices are responsible for administrative servicing, monitoring, and
liaison functions within their respective geographic boundaries. The
directors direct and supervise regional staff who administer human
resources, administrative, information systems, security, and financial
functions.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
3. The authority citation for Part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
4. Section 103.1 is revised to read as follows:
Sec. 103.1 Delegations of authority.
(a) Deputy Commissioner. Without divesting the Commissioner of any
of the powers, duties, and privileges delegated by the Attorney
General, coextensive authority is delegated to the Deputy Commissioner.
The Deputy Commissioner is delegated responsibility for providing
overall supervision and direction to the four Executive Associate
Commissioners of the Service.
(b) General Counsel--(1) General. Under the direction and
supervision of the Commissioner, the General Counsel is delegated the
authority to carry out the duties of the chief legal officer for the
Service, and is assisted by the deputy general counsel(s) and staff.
The General Counsel advises the Commissioner, the Deputy Commissioner,
and staff on legal matters; prepares legislative reports; and assists
in litigation. The General Counsel is delegated the authority to
oversee the professional activities of all Service attorneys assigned
to field offices and to make recommendations to the Department of
Justice on all personnel matters involving Service attorneys, including
attorney discipline which requires final action or approval by the
Deputy Attorney General or other designated Department of Justice
official. The General Counsel is delegated authority to perform the
functions conferred upon the Commissioner with respect to production or
disclosure of material in Federal and state proceedings as provided in
28 CFR 16.24(a).
(2) Regional Counsel. In addition to other legal activities
performed under the direction and supervision of the General Counsel,
Regional Counsel are delegated authority within their respective
regional areas, concurrent with that of the General Counsel, to perform
the functions conferred upon the Commissioner with respect to
production or disclosure of material in Federal and state proceedings
as provided in 28 CFR 16.24(a).
(c) Director of Congressional Relations. Under the direction and
supervision of the Commissioner, the Director of Congressional
Relations is delegated authority to respond to Congressional inquiries
and advise the Commissioner and staff concerning legislative matters of
the Service.
(d) Director of Public Affairs. Under the direction and supervision
of the Commissioner, the Director of Public Affairs is delegated
authority to direct and coordinate public affairs policy, public
information, news releases, public liaison, and outreach; to advance
public affairs and Service initiatives such as naturalization and
employer education; and to produce information products.
(e) Director of Internal Audit. Under the direction and supervision
of the Commissioner, the Director of the Office of Internal Audit is
delegated authority to plan, direct, and coordinate the Service's
internal audit program and compliance review program; to initiate and
to conduct or direct the conduct of investigations of alleged
mismanagement by Service employees; to initiate and to conduct or
direct the conduct of investigations of alleged misconduct by Service
employees, subject to agreements with the Department's Office of
Professional Responsibility and Office of Inspector General (OIG); to
exercise those powers and authorities necessary to investigate matters
which are material and relevant to the administration of the Service,
including the power and authority to administer oaths and to take and
consider evidence; to collect information concerning the efficiency and
effectiveness of Service operations and programs and Service systems to
eliminate fraud, waste, and abuse in the workplace; and to act as the
Service's liaison with outside audit/inspection agencies.
(f) Executive Associate Commissioner for Programs--(1) General.
Under the direction and supervision of the Deputy Commissioner, the
Executive Associate Commissioner for Programs is delegated authority
for policy development, review and integration of the Service's
enforcement and examinations programs, and for providing general
direction to, and supervision of, the Associate Commissioners for
Enforcement and Examinations.
(2) Associate Commissioner for Enforcement--(i) General. Under the
direction and supervision of the Executive Associate Commissioner for
Programs, the Associate Commissioner for Enforcement is delegated
authority and responsibility for program and policy planning,
development, coordination, evaluation, and staff direction to the
Border Patrol, Investigations, Detention and Deportation, Intelligence,
and Asset Forfeiture programs, and to impose administrative fines,
penalties, and forfeitures under sections 274, 274A and 274C of the
Act. The Associate Commissioner for Enforcement is responsible for
providing general direction and supervision to the:
(A) Assistant Commissioner for Border Patrol;
(B) Assistant Commissioner for Investigations;
(C) Assistant Commissioner for Detention and Deportation;
(D) Assistant Commissioner for Intelligence; and
(E) Director of Asset Forfeiture.
(ii) Director of Asset Forfeiture. Under the direction and
supervision of the Associate Commissioner for Enforcement, the Director
of Asset Forfeiture is delegated the authority to direct and coordinate
the Service program under section 274(b) of the Act which provides for
the seizure and forfeiture of conveyances used in violation of section
274(a) of the Act.
(3) Associate Commissioner for Examinations. (i) General. Under the
direction and supervision of the Executive Associate Commissioner for
Programs, the Associate Commissioner for Examinations is delegated
authority and responsibility for program and policy planning,
development, coordination, evaluation, and staff direction to the
Adjudications and Nationality, Inspections, Administrative Appeals,
Service Center Operations, and Records programs, and to direct and
supervise the:
(A) Assistant Commissioner for Adjudications and Nationality;
(B) Assistant Commissioner for Inspections;
(C) Assistant Commissioner for Service Center Operations;
(D) Assistant Commissioner for Records; and
(E) Director of Administrative Appeals.
(ii) Administrative Fines. The Associate Commissioner for
Examinations is delegated the authority to impose administrative fines
under provisions of the Act in any case which is transmitted to the
National Fines Office by a district director.
(iii) Appellate Authorities. In addition, the Associate
Commissioner for Examinations exercises appellate jurisdiction over
decisions on;
(A) Breaching of bonds under Sec. 103.6(e);
(B) Petitions for immigrant visa classification based on employment
or as a special immigrant or entrepreneur under Secs. 204.5 and 204.6
of this chapter except when the denial of the petition is based upon
lack of a certification by the Secretary of Labor under section
212(a)(5)(A) of the Act;
(C) Indochinese refugee applications for adjustment of status under
Sec. 245.2 (a)(4) and (e) of this chapter;
(D) Revoking approval of certain petitions under Sec. 205.2 of this
chapter.;
(E) Applications for permission to reapply for admission to the
United States after deportation or removal under Sec. 212.2 of this
chapter;
(F) Applications for waiver of certain grounds of excludability
under Sec. 212.7(a) of this chapter;
(G) Applications for waiver of the two-year foreign residence
requirement under Sec. 212.7(c) of this chapter;
(H) Petitions for approval of schools under Sec. 214.3 of this
chapter;
(I) Decisions of district directors regarding withdrawal of
approval of schools for attendance by foreign students under Sec. 214.4
of this chapter;
(J) Petitions for temporary workers or trainees and fiancees or
fiances of U.S. citizens under Secs. 214.2 and 214.6 of this chapter;
(K) Applications for issuance of reentry permits under Sec. 223.1
of this chapter;
(L) Applications for refugee travel documents under Sec. 223a.4 of
this chapter;
(M) Applications for benefits of section 13 of the Act of September
11, 1957, as amended, under Sec. 245.3 of this chapter;
(N) Adjustment of status of certain resident aliens to
nonimmigrants under Sec. 247.12(b) of this chapter;
(O) Applications to preserve residence for naturalization purposes
under Sec. 316a.21(c) of this chapter;
(P) Applications for certificates of citizenship under Sec. 341.6
of this chapter;
(Q) Administration cancellation of certificates, documents, and
records under Sec. 342.8 of this chapter;
(R) Applications for certificates of naturalization or repatriation
under Sec. 343.1 of this chapter;
(S) Applications for new naturalization or citizenship papers under
Sec. 343a.1(c) of this chapter;
(T) Applications for special certificates of naturalization under
Sec. 343b.11(b) of this chapter;
(U) Applications by organizations to be listed on the Service
listing of free legal services program and removal therefrom under Part
292a of this chapter;
(V) Petitions to classify Amerasians under Public Law 97-359 as the
children of United States citizens;
(W) Revoking approval of certain petitions, as provided in
Secs. 214.2 and 214.6 of this chapter;
(X) Orphan petitions under Sec. 204.1(b) of this chapter;
(Y) Applications for advance process of orphan petitions under
Sec. 204.1(b)(3) of this chapter;
(Z) Invalidation of a temporary labor certification issued by the
governor of Guam under Sec. 214.2(h)(3)(v) of this chapter;
(AA) Application for status as temporary or permanent resident
under Secs. 245a.2 or 245a.3 of this chapter;
(BB) Application for status as temporary resident under Sec. 210.2
of this chapter;
(CC) Termination of status as temporary resident under Sec. 210.4
of this chapter;
(DD) Termination of status as temporary resident under Sec. 245a.2
of this chapter;
(EE) Application for waiver of grounds of excludability under Parts
210, 210a, and 245a of this chapter;
(FF) Application for status as permanent resident under Sec. 245.6
of this chapter;
(GG) Petition for temporary or permanent resident status as a
Replenishment Agricultural Worker (RAW) under Part 210a of this
chapter;
(HH) Application for Temporary Protected Status under part 240 of
this chapter;
(II) Petitions for special immigrant juveniles under part 204 of
this chapter;
(JJ) Applications for adjustment of status under part 245 of this
title when denied solely because the applicant failed to establish
eligibility for the bona fide marriage exemption contained in section
245(e) of the Act;
(KK) Petition for Armed Forces Special Immigrant under Sec. 204.9
of this chapter;
(LL) Request for participation as a regional center under
Sec. 204.6(m) of this chapter; and
(MM) Termination of participation of regional center under
Sec. 204.6(m) of this chapter.
(iv) Director of the National Fines Office. Under the direction of
the Assistant Commissioner for Inspections, the Director of the
National Fines Office has program, administrative, and supervisory
responsibility for all personnel assigned to the National Fines Office.
The Director of the National Fines Office is delegated the authority by
the Associate Commissioner for Examinations to impose fines, penalties,
and liquidated damages under sections 214, 231, 233, 237, 238, 239,
243, 251, 252, 253, 254, 255, 256, 257, 258, 271, 272, 273 and 274C of
the Act.
(v) Service Center directors. Under the direction and supervision
of the Assistant Commissioner for Service Center Operations, the
service center directors are delegated the authority to control all
activities conducted within their offices and supervisory
responsibility for all personnel assigned to their offices. Center
directors are delegated the authority to grant or deny any application
or petition submitted to the Service, except for matters delegated to
asylum officers pursuant to part 208 and Sec. 253.1(f) of this chapter,
or exclusively delegated to district directors.
(g) Executive Associate Commissioner for Field Operations--(1)
General. Under the direction and supervision of the Deputy
Commissioner, the Executive Associate Commissioner for Field Operations
is delegated authority and responsibility for implementing policies of
the Service's field operations, and for providing general direction to
and supervision of the regional directors and the Director of
International Affairs.
(2) Regional directors--(i) General. Under the direction and
supervision of the Executive Associate Commissioner for Field
Operations, the regional directors are delegated authority and
responsibility for the Service's field operations within their
respective geographical areas, and for providing direction to and
supervision of the district directors and chief patrol agents within
their respective regions.
(ii) District directors. (A) District directors of offices located
within the United States are under the direction and supervision of the
regional director. District directors of foreign offices are under the
direction and supervision of the Director of International Affairs.
District directors are delegated authority to control all activities
conducted within their offices and to supervise all personnel, except
Service attorneys, assigned to their offices.
(B) District directors are delegated the authority to grant or deny
any application or petition submitted to the Service, except for
matters delegated to asylum officers pursuant to part 208 and
Sec. 253.1(f) of this chapter, or exclusively delegated to service
center directors, to initiate any authorized proceeding in their
respective districts, and to exercise the authorities under
Secs. 242.1(a), 242.2(a) and 242.7 of this chapter without regard to
geographical limitations. District directors are delegated authority to
conduct the proceeding provided for in Sec. 252.2 of this chapter.
(C) Applications filed for special agricultural worker or
legalization status pursuant to sections 210 and 245a of the Act,
respectively, may be approved by the district director having
jurisdiction of the office where a second interview is required by the
service center, if the alien in the second interview can establish
eligibility for approval. District directors may deny applications for
special agricultural worker or legalization status at offices under
their jurisdiction.
(D) Officers in charge--(1) General. Under the direction and
supervision of the district director, officers in charge are delegated
authority to control all activities conducted within their offices and
to supervise all personnel assigned to their office. Officers in charge
direct inspection activities at ports-of-entry and the authorization of
extensions of nonimmigrant admission periods and of voluntary departure
prior to the commencement of deportation hearings. The Officers in
charge in the places enumerated in Sec. 212.1(i) of this chapter are
delegated the authority to act on requests for waiver of visa and
passport requirements under the provisions of section 212(d)(4)(A) of
the Act.
(2) The offices located in Oranjestaad, Aruba; Calgary, Alberta,
Canada; Edmonton, Alberta, Canada; Freeport, Bahamas; Hamilton,
Bermuda; Nassau, Bahamas; Shannon, Ireland; Toronto, Ontario, Canada;
Vancouver, British Columbia, Canada; Victoria, British Columbia,
Canada; Winnipeg, Manitoba, Canada; Dublin, Ireland; and such other
preinspection or preclearance sites as the Service may establish in the
future, are delegated authority to perform the function of
preinspection of passengers and crews on aircraft and surface vessels,
as appropriate, which are departing directly to the United States
mainland.
(3) The Officer in charge of the office in Montreal, Canada, is
authorized to perform preinspection of passengers and crew of aircraft
departing directly to the United States mainland and to authorize or
deny waivers of grounds of excludability under section 212 (h) and (i)
of the Act; also, to approve or deny applications for permission to
reapply for admission to the United States after deportation or
removal, when filed in conjunction with an application for waiver of
grounds of excludability under section 212 (h) or (i) of the Act.
(iii) Chief patrol agents. Under the direction and supervision of a
regional director, chief patrol agents are delegated authority to
direct the Border Patrol activities of the Service within their
respective sectors, including exercising the authority in section
242(b) of the Act to permit aliens to depart voluntarily from the
United States prior to commencement of a hearing.
(3) Director of International Affairs--(i) General. Under the
direction and supervision of the Executive Associate Commissioner for
Field Operations, the Director of International Affairs is delegated
authority to direct and supervise the foreign office district
directors, to maintain the integrity and efficiency of the Service's
international operations, and to administer programs related to
refugee, asylum, and parole benefits. The Director of International
Affairs is also responsible for the direction and supervision of
overseas preinspection at sites, if any, for which the Commissioner has
specifically delegated inspection authority to the Office of
International Affairs. The Director serves as the principal liaison
with foreign governments and other agencies of the United States in
overseas locations.
(ii) Asylum Officers. Asylum officers serve under the supervision
and direction of the Director of International Affairs, and shall be
specially trained as required in Sec. 208.1(b) of this chapter. Asylum
officers are delegated the authority to hear and adjudicate
applications for asylum and for withholding of deportation, as provided
under part 208 and Sec. 253.1(f) of this chapter.
(iii) Officer in Charge. The officers in charge of the offices
located at Athens, Greece; Mexico City, Mexico; Ciudad Juarez, Mexico;
Rome, Italy; Frankfurt, Germany; Moscow, Russia; Vienna, Austria;
Tegucigalpa, Honduras; Bangkok, Thailand; Hong Kong, BCC; London,
England; Manila, Philippines; Monterrey, Mexico; Nairobi, Kenya; New
Delhi, India; Seoul, Korea; Singapore, Republic of Singapore; Tijuana,
Mexico; Port-au-Prince, Haiti; Karachi, Pakistan; and such other
overseas suboffices as the Service may establish in the future, are
delegated authority to perform the following functions:
(A) Authorize waivers of grounds of excludability under sections
212 (h) and (i) of the Act;
(B) Adjudicate applications for permission to reapply for admission
to the United States after deportation or removal, if filed by an
applicant for an immigrant visa in conjunction with an application for
waiver of grounds of excludability under section 212 (h) or (i) of the
Act, or if filed by an applicant for a nonimmigrant visa under section
101(a)(15)(K) of the Act;
(C) Approve or deny visa petitions for any relative;
(D) Approve recommendations made by consular officers for waiver of
grounds of excludability in behalf of nonimmigrant visa applicants
under section 212(d)(3) of the Act and concur in proposed waivers by
consular officers of the requirement of visa or passport by a
nonimmigrant on the basis of unforeseen emergency in cases in which the
Department of State had delegated recommending power to the consular
officers;
(E) Exercise discretion to grant or deny applications for the
benefits set forth in sections 211 and 212(c) of the Act;
(F) Process Form I-90 applications and deliver duplicate Forms I-
551;
(G) Process Form N-565 applications and deliver certificates issued
thereunder; and
(H) Grant or deny applications of aliens seeking classification as
refugees under section 207 of the Act.
(h) Executive Associate Commissioner for Policy and Planning. Under
the direction and supervision of the Deputy Commissioner, the Executive
Associate Commissioner for Policy and Planning is delegated the
authority to oversee the development and coordination of long-range
planning activities, and policy formulation, codification, and
dissemination within the Agency. The Executive Associate Commissioner
is also responsible for informing and advising the Commissioner and the
Deputy Commissioner on other issues which cross program lines or bear
inter-agency implications. The Executive Associate Commissioner also
serves as liaison with, and representative of, the Service to other
organizations engaged in policy development in matters affecting the
mission of the Service, research and statistics, and the exchange of
statistical, scientific, technological data and research.
(i) Executive Associate Commissioner for Management--(1) General.
Under the direction and supervision of the Deputy Commissioner, the
Executive Associate Commissioner for Management is delegated authority
to plan, direct, and manage all aspects of the administration of the
Service. The delegation includes the authority to develop and
promulgate administrative policies and programs for all financial,
human resource, administrative, and information resource matters of the
Service. The Executive Associate Commissioner for Management is
delegated the authority to settle tort claims of $25,000 or less than
28 U.S.C. 2672, and to compromise, suspend, or terminate collection of
claims of the United States not exceeding $100,000 (exclusive of
interest) under 31 U.S.C. 3711. The Executive Associate Commissioner
for Management supervises the Directors of Security, Equal Employment
Opportunity, and Files and Forms Management, the Associate Commissioner
for Human Resources and Administration, the Associate Commissioner for
Finance, the Associate Commissioner for Information Resources
Management, and the Directors, Administrative Centers.
(2) Director of Security. Under the direction and supervision of
the Executive Associate Commissioner for Management, the Director of
the Office of Security is delegated authority to develop policy, plan,
direct, and coordinate the Service's security program. The Security
program includes the application of safeguards in program areas of
personnel security, physical security, information and document
security, automated data processing and telecommunications security,
and contingency planning related to threat, loss, or other serious
emergency in any of these areas.
(3) Director of Equal Employment Opportunity. Under the direction
and supervision of the Executive Associate Commissioner for Management,
the Director of Equal Employment Opportunity is delegated authority to
develop policies and to implement and direct the Service's programs
relating to equal employment opportunity for all employees and
applicants. The Director is responsible for the Service's efforts to
comply with provisions of the Civil Rights Act of 1964 and Department
of Justice programs and directives affecting discrimination in
employment. The Director supervises, coordinates, directs, and
evaluates the affirmative employment and discrimination complaint
program of the Service.
(4) Director of Files and Forms Management. Under the direction and
supervision of the Executive Associate Commissioner for Management, the
Director of Files and Forms Management is delegated authority to
develop policies, plan, coordinate, evaluate, counsel, and direct the
Service's National Records Center, Forms Center, SAVE Program,
centralized FOIA/PA, records policy, and correspondence files programs.
(5) Associate Commissioner for Human Resources and Administration.
Under the direction and supervision of the Executive Associate
Commissioner for Management, the Associate Commissioner for Human
Resources and Administration is delegated authority to develop
policies, plan, develop, coordinate, evaluate, counsel, and direct the
personnel, career development, contracting, engineering, facility, and
administrative programs of the Service. The Associate Commissioner for
Human Resources and Administration provides direction to, and
supervision of, the:
(i) Assistant Commissioner for Human Resources and Development; and
(ii) Assistant Commissioner for Administration.
(6) Associate Commissioner for Finance. Under the direction and
supervision of the Executive Associate Commissioner for Management, the
Associate Commissioner for Finance is delegated authority to develop
policies, plan, develop, coordinate, evaluate, counsel, and direct the
Service's resource requirements and utilization. The Associate
Commissioner for Finance is responsible for all aspects of financial
management, including budgeting, reporting, internal controls, and
analysis. The Associate Commissioner for Finance is responsible for the
presentation of internal reports to management, the preparation of
external reports and certifications required by statute or regulation,
and the representation of the Service before the Congress, and agencies
of the Executive Branch on matters related to financial activities. The
Associate Commissioner for Finance is also delegated authority to
settle claims of $10,000 or less under 28 U.S.C. 2672 and to
compromise, suspend, or terminate collection of claims of the United
States not exceeding $50,000 (exclusive of interest) under 31 U.S.C.
3711. The Associate Commissioner for Finance provides direction to, and
supervision of, the:
(i) Associate Commissioner for Budget; and (ii) Assistant
Commissioner for Financial Management.
(7) Associate Commissioner for Information Resources Management.
Under the direction and supervision of the Executive Associate
Commissioner for Management, the Associate Commissioner for Information
Resources Management is delegated authority to develop policies, plan,
develop, coordinate, evaluate, counsel, manage and direct the Service's
Automated Data Processing, Telecommunication, Radio, and Electronic
programs. The Associate Commissioner for Information Resources
Management provides direction to, and supervision of, the:
(i) Assistant Commissioner for Data Systems; and
(ii) Assistant Commissioner for Systems Integration.
(8) Directors of Administrative Centers. Under the direction and
supervision of the Executive Associate Commissioner for Management, the
directors are delegated authority over the human resources,
administrative, information resource, security, and financial
activities of the Service within their respective area of
responsibility. They are also delegated the authority to: (i) Settle
tort claims of $10,000 or less under 28 U.S.C. 2672; and
(ii) Compromise, suspend, or terminate collection of claims of the
United States not exceeding $50,000 (exclusive of interest) under 31
U.S.C. 3711.
(j) Immigration Officer. Any immigration officer, immigration
inspector, immigration examiner, adjudications officers, Border Patrol
agent, aircraft pilot, airplane pilot, helicopter pilot, deportation
officer, detention enforcement officer, detention guard, investigator,
special agent, investigative assistant, intelligence officer,
intelligence agent, general attorney, applications adjudicator, contact
representative, chief legalization officer, supervisory legalization
officer, legalization adjudicator, legalization officer and
legalization assistant, forensic document analyst, fingerprint
specialist, immigration information officer, immigration agent
(investigations), asylum officer, or senior or supervisory officer of
such employees is hereby designated as an immigration officer
authorized to exercise the powers and duties of such officer as
specified by the Act and this chapter.
Dated: October 27, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
Note: Appendix A will not appear in the Code of Federal
Regulations.
BILLING CODE 4410-10-M
TR22NO94.004
[FR Doc. 94-28697 Filed 11-21-94; 8:45 am]
BILLING CODE 4410-10-C
