[Federal Register Volume 61, Number 135 (Friday, July 12, 1996)]
[Rules and Regulations]
[Pages 36610-36611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17674]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 212
[INS No. 1751-96]
RIN 1115-AE29
Effect of Parole of Cuban and Haitian Nationals on Resettlement
Assistance Eligibility
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the Immigration and Naturalization
Service (``the Service'') regulations to clarify that nationals of Cuba
or Haiti who were paroled into the United States since October 10,
1980, are to be considered to have been paroled in an immigration
status referred to in section 501(e)(1) of the Refugee Education
Assistance Act of 1980, as amended. This rule is necessary to ensure
that these aliens are not inadvertently considered to hold an
immigration status other than the status referred to in section
501(e)(1).
DATES: This interim rule is effective July 12, 1996. Written comments
must be received on or before September 10, 1996.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street NW., Room 5307, Washington, DC
20536, Attn: Public Comment Clerk. To ensure proper handling, please
reference the INS Number 1751-96 on your correspondence. Comments are
available for public inspection at this location by calling (202) 514-
3048 to arrange an appointment.
FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Associate General
Counsel, Chief of Examinations Division, Office of the General Counsel,
Suite 6100, 425 I Street NW., Washington, DC 20536, telephone: (202)
514-2895.
SUPPLEMENTARY INFORMATION: Section 501 of the Refugee Education
Assistance Act of 1980, Public Law 96-422, dated October 10, 1980, as
amended, provides for certain assistance to and on behalf of aliens
paroled into the United States from Cuba and Haiti. Under section
501(e)(1), and alien paroled as a ``Cuban-Haitian Entrant (Status
Pending),'' or in some other ``special status * * * for nationals of
Cuba or Haiti'' is eligible for this assistance, even it the alien has
acquired permanent residence, or some other immigration status, at the
time assistance is sought. Under section 501(e)(2), by contrast, Cuban
or Haitian nationals who are paroled in some parole status other than
the ``special status'' are eligible for assistance only so long as they
have not acquired some other immigration status.
Recent high volume influxes of aliens from Cuba, in particular,
have resulted in the parole of aliens, without a clear indication that
their parole is in a ``special status'' for Cubans and Haitians. For
example, due to clerical oversight the Forms I-94, Arrival-Departure
Record, issued to these aliens often have not borne any endorsement to
show that their parole gives them an immigration status that is within
the scope of section 501(e)(1). This interim rule amends 8 CFR 212.5 to
clarify that these aliens, and any Haitian nationals as well, paroled
on or after October 10, 1980, are to be considered to have been paroled
in the status referred to in section 501(e)(1). This amendment will
make it clear that these aliens have been, and remain, in the
immigration
[[Page 36611]]
status referred to in section 501(e)(1), even if they have since
acquired some other immigration status. Exceptions are made for aliens
paroled for criminal prosecution or solely in order to testify in some
official proceedings in the United States.
This interim rule is an interpretive rule. For this reason, the
Commissioner of the Immigration and Naturalization Service may properly
adopt this rule without the prior notice and comment period that is
ordinarily required. 5 U.S.C. 553(b). Because of the urgent need to
clarify the immigration status of these aliens, and to make it clear
that they hold an immigration status referred to in section 501(e)(1),
the Commissioner finds that good cause exists to make this rule
effective upon publication in the Federal Register. The Service
believes that this interim rule accurately distinguishes the
immigration status categories established by sections 501(e)(1) and
501(e)(2), but will consider any comments addressing this issue that
are received during the comment period.
In accordance with 5 U.S.C. 605(b), the Commissioner certifies that
this rule does not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandate Reform Act of 1995
This interim rule is not a Federal intergovernmental mandate, as
defined by 2 U.S.C. 658(5). For this reason, it is not necessary to
conduct the analysis provided for under 2 U.S.C. 1532, to develop the
small government agency plan under 2 U.S.C. 1533, to solicit State,
local or tribal government input under 2 U.S.C. 1534, or to justify
this rule as the least burdensome alternative under 2 U.S.C. 1535.
Small Business Regulatory Enforcement Fairness Act of 1996
This interim rule is not a major rule, as defined by 5 U.S.C.
804(2).
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 the Office of Management and Budget has conducted the
required review.
Executive Order 12612
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilties 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.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration.
Accordingly, part 212 of chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
1. The authority citation for part 212 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
2. Section 212.5 is amended by adding a new paragraph (g), to read
as follows:
Sec. 212.5 Parole of aliens into the United States.
* * * * *
(g) Effect of parole of Cuban and Haitian nationals. (1) Except as
provided in paragraph (g)(2) of this section, any national of Cuba or
Haiti who was paroled into the United States on or after October 10,
1980, shall be considered to have been paroled in the special status
for nationals of Cuba or Haiti, referred to in section 501(e)(1) of the
Refugee Education Assistance Act of 1980, Public Law 96-422, as amended
(8 U.S.C. 1522 note).
(2) A national of Cuba or Haiti shall not be considered to have
been paroled in the special status for nationals of Cuba or Haiti,
referred to in section 501(e)(1) of the Refugee Education Assistance
Act of 1980, Public Law 96-422, as amended, if the individual was
paroled into the United States:
(i) In the custody of a Federal, State or local law enforcement or
prosecutorial authority, for purposes of criminal prosecution in the
United States; or
(ii) Solely to testify as a witness in proceedings before a
judicial, administrative, or legislative body in the United States.
Dated: July 2, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-17674 Filed 7-11-96; 8:45 am]
BILLING CODE 4410-10-M
