[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Notices]
[Pages 31167-31168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14386]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1722-95]
Discontinuation of the Nicaraguan Review Process
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: this notice announces the termination of the special review
procedures under which the files of Nicaraguan nationals subject to
final deportation orders were subject to [[Page 31168]] mandatory
review by the Immigration and Naturalization Service (INS) and the
Office of the Deputy Attorney General. Changes in country conditions in
Nicaragua coupled with improvements in the asylum adjudications process
have rendered these special procedures unnecessary. Cases of affected
individuals will be handled individually under normal procedures to
decide whether any factors permit them to remain in the United States.
EFFECTIVE DATE: June 13, 1995.
FOR FURTHER INFORMATION CONTACT:
Robert A. Jacobson, Director, Policy Development and Special Programs
Branch, Detention and Deportation Division, Immigration and
Naturalization Service, 425 I Street NW., Room 3008, Washington, D.C.
20536, telephone (202) 514-2871.
SUPPLEMENTARY INFORMATION:
Background
In 1987, then Attorney General Meese initiated the Nicaraguan
Review Program (NRP). Under these special procedures, the INS and
Department of Justice (DOJ) reviewed the case of each Nicaraguan who
had received a final deportation order to ensure that no Nicaraguan
with a well founded fear of persecution was deported unless it was
determined that the person had engaged in serious criminal activity or
posed a danger to the national security.
The INS reviewed the country conditions in Nicaragua and considered
the need for continued specialized review. The INS concluded that the
political situation in Nicaragua and the United States government's
asylum adjudications procedures had improved to such an extent that it
was no longer necessary to have a special review of every final order
of deportation involving a Nicaraguan national. Therefore, the INS
requested that the Attorney General discontinue the NRP. Attorney
General Janet Reno approved the termination of the NRP. Accordingly,
all DOJ and INS implementing and procedural NRP memoranda and wires are
hereby rescinded. The INS Headquarters is issuing a directive notifying
its field offices that Nicaraguans are no longer subject to special
review under the NRP.
Future Consideration of Cases
Cases of Nicaraguan nationals under deportation or exclusion
proceedings will receive no further special review. Nicaraguan cases
will be handled under normal procedures, on a case-by-case basis. Each
case will receive all appropriate consideration consistent with
applicable law and regulations. Due regard will be given to any
existing equities or immigration benefits which might accrue to the
specific alien involved.
Nicaraguan nationals affected by the termination of the NRP may be
eligible to apply for suspension of deportation pursuant to section 244
of the Immigration and Nationality Act, 8 U.S.C. Sec. 1254 if they (1)
have been present in the United States for at least 7 years (10 years
in the case of certain criminal aliens), (2) are persons of good moral
character, and (3) are persons whose deportation would pose an extreme
hardship to themselves or to their spouse, parent, or child who is
either a United States citizen or a lawful permanent resident. To apply
for such relief, aliens with final orders must file a motion to reopen
with the immigration judge pursuant to 8 CFR 3.23 and 242.22 or the
Board of Immigration Appeals (BIA) pursuant to citations 8 CFR 3.2 and
3.8.
Nicaraguans have no need to fear immediate expulsion from the
United States as a group. Discontinuation of the NRP will not cause
Nicaraguans to be targeted as a group or treated as a special class for
any enforcement activity.
Work Authorization
As the work authorization of individual Nicaraguans with final
deportation orders expires, the INS will review requests for renewal on
a case-by-case basis. Work authorization will not be extended
automatically due to the termination of the NRP. Moreover, the
regulatory authority under which many Nicaraguans whose cases were
under review by the NRP received employment authorization, 8 CFR
274a.12(c)(13), was eliminated as a result of new asylum regulations
which became effective on January 4, 1995.
Nicaraguans and other persons who now have work authorization and
who filed asylum applications before January 4, 1995, may obtain
extensions of this authorization while their applications are pending
adjudication or review by the INS, an immigration judge, the BIA, or a
Federal court. Those who file asylum applications after January 4,
1995, must wait 150 days after their applications are filed to apply
for work authorization.
Transitional criteria, however, will apply for 1 year from the date
of this notice to some employment authorization requests from
Nicaraguans affected by termination of the NRP. Specifically, the INS
will treat the filing of a motion to reopen deportation proceedings
accompanied by an application for suspension of deportation as a
sufficient basis upon which such a person may apply for work
authorization. In such cases, work authorization may be granted upon a
finding that the alien has met the physical presence requirement for
suspension of deportation.
Dated: June 6, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-14386 Filed 6-8-95; 8:45 am]
BILLING CODE 4410-10-M
