[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Pages 69019-69020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33092]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 242
[INS. No. 1827-96]
RIN 1115-AE69
Administrative Deportation Procedures for Aliens Convicted of
Aggravated Felonies Who Are Not Lawful Permanent Residents
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: In accordance with section 442(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), this final rule adds a new
paragraph to the administrative deportation proceedings regulation. The
new paragraph explains how the Immigration and Naturalization Service
(Service) will conduct administrative deportation proceedings without
immigration court hearings for certain aliens convicted of aggravated
felonies in light of two recent statutory changes. The Service is
promulgating this final rule to comply with the statutory requirement
that the Service publish an implementing regulation by January 1, 1997.
The final rule states that the Service will continue to process aliens
under the current regulation until March 3, 1997, and will suspend
administrative deportation proceedings from March 3, 1997, until the
effective date of the implementing regulations for the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
EFFECTIVE DATE: March 3, 1997.
FOR FURTHER INFORMATION CONTACT: Leonard C. Loveless, Detention and
Deportation Officer, Immigration and Naturalization Service, 425 I
Street, NW., Washington, D.C. 20536, Telephone (202) 514-2865.
SUPPLEMENTARY INFORMATION: Section 130004(a) of the Violent Crime
Control and Law Enforcement Act of 1994, Public Law 103-322, created a
new section 242A(b) of the Act, 8 U.S.C. 1252a(b), to provide for the
deportation without an immigration court hearing of certain aliens
convicted of aggravated felonies. On August 24, 1995, the Service
published a final rule at 60 FR 43954 to create 8 C.F.R. 242.25 that
implemented section 242A(b) of the Act. Section 442 of the
Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modified
section 242A(b) and required that the Attorney General publish
implementing regulations by January 1, 1997, to take effect 60 days
after publication.
On September 30, 1996, however, Congress passed the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),
Public Law 104-208. Section 304(c) of the IIRIRA, effective April 1,
1997, further amended administrative deportation proceedings by
nullifying some of the amendments made by the AEDPA and by renumbering
the statutory section from section 242A(b) of the Act to section
238(b).
The AEDPA amendments would require significant changes in
operational procedures and forms that are not worthwhile, given that
those amendments will be effective only for approximately 1 month. For
example, the AEDPA added the requirement that administrative
deportation proceedings be ``conducted in, or translated for the alien
into, a language the alien understands.'' This provision would require
the Service to translate all documents used in the proceedings, rather
than only the Form I-851, Notice of Intent to Issue Final
Administrative Deportation Order. (Current translation and explanation
requirements are set forth in 8 CFR 242.25(b)(2)(iv)). Since the IIRIRA
has eliminated the statutory translation requirement, it would be
unduly burdensome to implement this requirement for 1 month.
Accordingly, as a policy matter, the Service has determined that
these implementing regulations will simply announce a suspension of the
operation of administrative deportation proceedings, which includes the
issuance of both Form I-851 and Form I-851A, Final Administrative Order
of Deportation, until the implementing regulations for the IIRIRA,
under separate notice of proposed rulemaking, are effective. The
Service will continue to process aliens under the current version of 8
CFR 242.25 until March 3, 1997. From that date until the IIRIRA
amendments to administrative deportation take effect, the Service will
cease all administrative deportation proceedings. During that period,
aliens otherwise amenable to administrative deportation will be placed
instead in regular deportation proceedings before an immigration judge.
This change does not affect the enforceability of administrative
deportation orders previously entered.
The Service has determined that the publication of this rule as a
final rule is based upon the ``good cause'' exceptions found at 5
U.S.C. 553(b)(3)(B). The Service has determined that public notice and
comment on this rule is impracticable because of the January 1, 1997,
statutory deadline for publishing a final rule. In addition, public
notice and comment is unnecessary because the final rule makes no
change that affects an individual's rights. It simply continues until
March 3, 1997, the existing rules governing administration deportation.
On that date, the Service will suspend administrative deportation
proceedings, and proceed under existing regulations governing regular
deportation proceedings. Since there will be public notice and comment
on the IIRIRA amendments to administrative deportation proceedings,
public notice and comment on this final rule is unnecessary.
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 this rule
will not have a significant economic impact on a substantial number of
small entities because the affected parties are individual aliens who
have been ordered deported from the United States.
[[Page 69020]]
Executive Order No. 12866
This rule is not 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 the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order No. 12612
The regulation adopted herein 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 No. 12988
The rule meets the applicable standards set forth in sections 3(a)
and (3)(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 242
Administrative practice and procedure, Aliens, Deportation.
Accordingly, part 242 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALL ALIENS IN
THE UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL
1. The authority citation for part 242 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note,
1252a, 1252b, 1254, 1362; 8 CFR part 2.
2. In section 242.25 a new paragraph (i) is added to read as
follows:
Sec. 242.25 Proceedings under section 242A(b) of the Act.
* * * * *
(i) Effective March 3, 1997, the Service will cease issuance of
both Form I-851 and Form I-851A. The Service retains the authority to
execute at any time Form I-851A that is final before March 3, 1997. The
Service will resume the issuance of Form I-851 and Form I-851A after
April 1, 1997, pursuant to regulations implementing section 238(b) of
the Act, as amended by the Illegal Immigration Reform and
Responsibility Act of 1996.
Dated: December 20, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-33092 Filed 12-24-96; 10:56 am]
BILLING CODE 4410-01-M
