[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19574]
[[Page Unknown]]
[Federal Register: August 11, 1994]
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DEPARTMENT OF JUSTICE
28 CFR Part 68
[A.G. Order No. 1905-94]
Executive Office for Immigration Review; Rules of Practice and
Procedure for Administrative Hearings Before Administrative Law Judges
in Cases Involving Allegations of Unlawful Employment of Aliens and
Unfair Immigration-Related Employment Practices
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends 28 CFR part 68, which contains the
rules of practice and procedure for administrative hearings conducted
to enforce sections 274A, 274B, and 274C of the Immigration and
Nationality Act (``INA''). These amendments are necessary to bring the
practices and provisions established in part 68 into conformity with
the provisions of the INA. Specifically, these amendments clarify the
amount of time a party has to appeal to the United States Court of
Appeals an Administrative Law Judge's order in a section 274A or a
section 274C proceeding.
EFFECTIVE DATE: This final rule is effective August 11, 1994.
FOR FURTHER INFORMATION CONTACT: Gerlad S. Hurwitz, Counsel to the
Director, Executive Office for Immigration Review, suite 2400, 5107
Leesburg Pike, Falls Church, Virginia 22041, (703) 305-0470.
SUPPLEMENTARY INFORMATION: Sections 274A, 274B, and 274C of the INA
require that hearings be held before Administrative Law Judges in cases
involving allegations that a person or other entity has:
(1) Hired, or recruited or referred for a fee, for employment in
the United States an alien knowing that the alien is unauthorized to
work in the United States; or has so hired or referred or recruited for
a fee, any individual when the hiring person or entity fails to comply
with the employment eligibility verification requirements (8 U.S.C.
1324a(a)(1));
(2) Continued to employ an alien in the United States knowing that
the alien is or has become unauthorized with respect to such employmnet
(8 U.S.C. 1324a(a)(2));
(3) Imposed, in the hiring, recruiting, or referring for employment
of any individual, any requirement that the individual post a bond or
security, pay or agree to pay any amount, or otherwise guarantee or
indemnify against any potential liability under 8 U.S.C. 1324a for
unlawful hiring, recruiting or referring of such individual (8 U.S.C.
1324a(g)(1));
(4) Engaged in unfair immigration-related employment practices (8
U.S.C. 1324b); or
(5) Knowingly participated in activities involving fraudulent
creation or use of documents for the purposes of satisfying, or
complying with, a requirement of the INA (8 U.S.C. 1324c).
On November 24, 1987, the Department of Justice published an
interim final rule establishing administrative practices and procedures
to implement sections 274A and 274B of the INA. 52 FR 44972. After
receiving comments, the Department published the final rule on November
24, 1989. 54 FR 48593. That rule governed all cases properly brought
before an Administrative Law Judge that complied with the requirements
of the INA. Then, on November 28, 1990, Congress enacted the
Immigration Act of 1990, which amended sections 274A and 274B of the
INA, and added section 274C. These amendments necessitated certain
revisions to the practices and procedures established by part 68, which
were set forth in an interim rule with request for comments, published
October 3, 1991. 56 FR 50049. After receiving comments, the Department
published the final rule on December 7, 1992. 57 FR 57669. The final
rule, however, did not distinguish between the time the Administrative
Law Judge issues an order and the time a final order is issued. This
distinction is critical in clarifying the amount of time a party has to
appeal a final agency order in a section 274A or a section 274C
proceeding to the United States Court of Appeals. A proposed rule
clarifying this time period was published in the Federal Register on
January 18, 1994. 59 FR 2548. Although comments were requested, none
were received. Based upon experience gained by the Office of the Chief
Administrative Hearing Officer in implementing the hearing procedures
and the statutory language regarding the Chief Administrative Hearing
Officer's review authority found at sections 274A(e)(7) and 274C(d)(4),
Sec. 68.2 paragraph (i) is revised to reflect the reference made to the
definition of ``entry'' in the revised definition of ``issued'' at
Sec. 68.2(k), and Sec. 68.2 paragraph (k) is amended to account for the
thirty (30) days the Chief Administrative Hearing Officer has to modify
or vacate an Administrative Law Judge's order in a section 274A or 274C
proceeding after the Administrative Law Judge enters the order.
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b). The Attorney General has
determined that this rule is not a significant regulatory action under
Executive Order 12866, section 3(f), and accordingly this rule has not
been reviewed by the Office of Management and Budget.
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities.
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 section 6
of 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 28 CFR Part 68
Administrative practice and procedure, Aliens, Citizenship and
naturalization, Civil rights, Discrimination in employment, Employment,
Equal employment opportunity, Immigration, Nationality, Non-
discrimination.
For the reasons set forth in the preamble, 28 CFR part 68 is
amended as follows:
PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE
HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING
ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS AND UNFAIR
IMMIGRATION-RELATED EMPLOYMENT PRACTICES
1. The authority citation for part 68 continues to read as follows:
Authority: 5 U.S.C. 301, 554; 8 U.S.C. 1103, 1324a, 1324b, and
1324c.
2. Section 68.2 paragraphs (i) and (k) are revised to read as
follows:
Sec. 68.2 Definitions.
* * * * *
(i) Entry as used in section 274B(i)(1) of the INA and Sec. 68.2(k)
means the date the Administrative Law Judge signs the order;
* * * * *
(k) Issued as used in section 274A(e)(8) and section 274C(d)(5) of
the INA means thirty (30) days subsequent to the entry of an order or,
if the Chief Administrative Hearing Officer vacates or modifies the
order, the date the Chief Administrative Hearing Officer signs such
vacation or modification.
* * * * *
Dated: July 26, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-19574 Filed 8-10-94; 8:45 am]
BILLING CODE 4410-01-M
