[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Notices]
[Pages 8140-8141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3981]
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LEGAL SERVICES CORPORATION
Public Hearing; Comment Request
AGENCY: Legal Services Corporation.
ACTION: Request for comments and notice of public hearings of
Commission authorized by the Legal Services Corporation to study the
issue of when aliens must be present in the United States to be
eligible for legal assistance from Corporation-funded programs.
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SUMMARY: The Legal Services Corporation (``LSC'' or ``Corporation'')
has formed and authorized a Commission to hold public hearings and
study the meaning of a statutory requirement in the Corporation's
appropriations act that an alien be present in the United States in
order to be eligible for legal assistance from LSC-funded programs
(hereinafter referred to as ``the presence requirement''). This notice
provides preliminary information on the public hearings that will be
held by the Commission and also requests written comments on the
presence requirement. In addition to written comments, requests from
interested parties to provide oral testimony at the hearings will be
accepted. The public hearings and comments are intended to aid the
Commission compile a factual record and prepare findings to be
transmitted to the Corporation's Board
[[Page 8141]]
of Directors, along with recommendations, to inform the Corporation's
interpretation of the presence requirement and to provide the basis for
any remedial action, such as a rulemaking or a request for legislative
action by the Congress.
DATES: Comments and requests to provide oral testimony should be
received by the Corporation on or before March 22, 1999.
ADDRESSES: Comments and requests should be submitted to the Office of
the General Counsel, Legal Services Corporation, 750 First St. NE.,
11th Floor, Washington, DC 20002-4250.
FOR FURTHER INFORMATION CONTACT: Suzanne B. Glasow, Office of the
General Counsel, 202-336-8817.
SUPPLEMENTARY INFORMATION: The Corporation's appropriations act
prohibits LSC-funded recipients from providing legal assistance to an
alien unless the alien is present in the United States and falls into
certain delineated categories. See Section 504(a)(11) of Pub. L. 104-
134, incorporated by reference in Pub. L. 105-277. Although there is
general agreement that present in the United States means to be
physically in the United States, it is not clear when an alien must be
present. One interpretation of the language would require an alien to
be physically present in the United States any time the alien is
provided legal assistance from an LSC recipient. Another is that the
alien must be physically present only when legal representation is
commenced. A third is that the alien must be physically present only
when the cause of action for which the recipient provides legal
assistance occurs.
Although the presence requirement applies to all categories of
aliens listed in the Corporation's appropriations act, the aliens most
affected are the seasonal agricultural workers, which would include H-
2A workers, Special Agricultural Workers (SAWS), and permanent resident
aliens who perform seasonal agricultural work. For example, H-2A
workers, as a rule, are not in the United States long enough for the
resolution of many of their legal matters, making effective
representation for this class of aliens questionable. Similarly, it is
not uncommon for permanent resident aliens who are farm workers to
temporarily leave the United States at the end of the agricultural
season while their legal matters are still pending.
On November 16, 1998, the Corporation's Board of Directors
(``Board'') voted to confer on the Board Chairman the authority to
establish a special panel to study the issue and make a report to the
Board with recommendations to inform the Corporation's interpretation
of the presence requirement. See LSC Board Resolution 98-011.
Subsequently, a Commission was established and the Commission held an
organizational meeting at the Corporation on February 2, 1999. Members
of the Commission are John N. Erlenborn, Chairman (member of the LSC
Board); Professor T. Alexander Aleinikoff, Georgetown University Law
Center; Gilbert F. Casellas, Esquire, The Swarthmore Group; Professor
Sarah H. Cleveland, University of Texas School of Law; Professor Nancy
H. Rogers, Ohio State University College of Law (member of the LSC
Board). Serving as the reporter for the Commission is Professor Enid
Trucios-Haynes, Louis D. Brandeis School of Law, University of
Louisville.
Public Comment
The Commission seeks public comment on the facts and circumstances
surrounding the representation of aliens who are affected by the
presence requirement, with a particular emphasis on seasonal
agricultural workers. Comments are specifically requested on the
following questions. How long are seasonal agricultural workers
typically in the United States? When does the seasonal agricultural
worker normally seek legal representation? What are the common claims
of seasonal agricultural workers seeking legal representation? When do
the claims of seasonal agricultural workers generally ripen? How long
does it typically take to resolve a seasonal agricultural worker's
legal claims? What is the established practice of LSC recipients in
representing seasonal agricultural aliens? What is the likelihood that
private counsel is available to represent aliens who are in the United
States under temporary visas or who may temporarily leave the United
States? Under what circumstances do seasonal agricultural workers
commonly leave the United States? What are the implications of the
presence requirement on recipient attorneys' professional obligations
to their clients?
Oral testimony
Oral testimony at the public hearings will be at the invitation of
the Commission. Any person interested in providing oral testimony may
submit a written request to do so in the written public comments or in
a separate correspondence.
Public Hearings
Two public hearings will be held by the Commission. The two
hearings are scheduled for March 27, 1999, and April 10, 1999.
Additional information on the hearings will be noticed in the Federal
Register.
Dated: February 12, 1999.
Victor M. Fortuno,
General Counsel.
[FR Doc. 99-3981 Filed 2-17-99; 8:45 am]
BILLING CODE 7050-01-P
