[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Rules and Regulations]
[Pages 37803-37804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18068]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 60, No. 141 / Monday, July 24, 1995 / Rules
and Regulations
[[Page 37803]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 337
[EOIR No. 104F; AG Order No. 1979-95]
RIN 1125-AA06
Administrative Naturalization: Oath of Allegiance
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: On February 3, 1995, at 60 FR 6647, the Department of Justice
published a rule finalizing the procedures implementing an
administrative naturalization process as provided for by recent changes
in the immigration laws. This rule will amend those procedures slightly
by extending concurrent jurisdiction to administer the oath of
allegiance to Immigration Judges with certain officers of the
Immigration and Naturalization Service (Service). This change will
provide a more formal setting for the oath of allegiance and add to the
solemnity of the occasion upon which a person becomes a citizen of the
United States. In addition, it will alleviate in some measure the
burden on Service personnel and resources to hold periodic
naturalization ceremonies by expanding the responsibility for this duty
to Immigration Judges.
EFFECTIVE DATE: This final rule is effective July 24, 1995.
FOR FURTHER INFORMATION CONTACT: Gerald S. Hurwitz, Counsel to the
Director, Executive Office for Immigration Review, Suite 2400, 5107
Leesburg Pike, Falls Church, Virginia 22041, telephone: (703) 305-0470.
SUPPLEMENTARY INFORMATION: Title IV of the Immigration Act of 1990
(Pub. L. 101-649) (IMMACT) transferred jurisdiction over naturalization
from the judiciary to the Attorney General, subject to judicial review,
and redefined the naturalization process as an administrative
proceeding. The Service has recently published comprehensive changes to
the rules of procedure governing the naturalization process, and this
rule is not intended to affect those measures. However, while the
statutory authority for naturalization conferred jurisdiction on the
Attorney General, this authority had been delegated to the Service. The
effect of this rule will be to expand to the Immigration Judges within
the Executive Office for Immigration Review the authority to administer
the oath of allegiance, which is taken upon successful completion of
the application process.
This final rule 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 final rule and, by approving
it, certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
This final rule 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.
Compliance with 5 U.S.C. 553 as to notice of proposed rule making
and delayed effective date is not necessary because this rule relates
to rules of agency procedure and practice.
List of Subjects in 8 CFR Part 337
Citizenship and naturalization, Courts, Immigration and
Naturalization Service.
Accordingly, title 8, chapter I of the Code of Federal Regulations
is amended as follows:
PART 337--OATH OF ALLEGIANCE
1. The authority citation for part 337 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1443, 1448.
2. Section 337.2 is revised to read as follows:
Sec. 337.2 Oath administered by the Immigration and Naturalization
Service or an Immigration Judge.
(a) Public ceremony. An applicant for naturalization who has
elected to have his or her oath of allegiance administered by the
Service or an Immigration Judge and is not subject to the exclusive
oath administration authority of an eligible court pursuant to section
310(b) of the Act shall appear in person in a public ceremony, unless
such appearance is specifically excused under the terms and conditions
set forth in this part. Such ceremony shall be held at a time and place
designated by the Service or the Executive Office for Immigration
Review within the United States and within the jurisdiction where the
application for naturalization was filed, or into which the application
for naturalization was transferred pursuant to Sec. 335.9 of this
chapter. Such ceremonies shall be conducted at regular intervals as
frequently as necessary to ensure timely naturalization, but in all
events at least once monthly where it is required to minimize
unreasonable delays. Such ceremonies shall be presented in such a
manner as to preserve the dignity and significance of the occasion.
District directors shall ensure that ceremonies conducted by the
Service in their districts, inclusive of those held by suboffice
managers, are in keeping with the Model Plan for Naturalization
Ceremonies. Organizations traditionally involved in activities
surrounding the ceremony should be encouraged to participate in
Service-administered ceremonies by local arrangement.
(b) Authority to administer oath of allegiance. The authority of
the Attorney General to administer the oath of allegiance shall be
delegated to Immigration Judges and to the following officers of the
Service: The Commissioner; district directors; deputy district
directors; officers-in-charge; assistant officers-in-charge; or persons
acting in behalf of such officers due to their absence or because their
positions are vacant. In exceptional cases where
[[Page 37804]]
the district director or officer-in-charge determines that it is
appropriate for employees of a different rank to conduct ceremonies,
the district director or officer-in-charge may make a request through
the Commissioner to the Assistant Commissioner, Adjudications, for
permission to delegate such authority. The request shall furnish the
reasons for seeking exemption from the requirements of this paragraph.
The Commissioner may delegate such authority to such other officers of
the Service or the Department of Justice as he or she may deem
appropriate.
(c) Execution of questionnaire. Immediately prior to being
administered the oath of allegiance, each applicant shall complete the
questionnaire on Form N-445. Each completed Form N-445 shall be
reviewed by an officer of the Service who may question the applicant
regarding the information thereon. If derogatory information is
revealed, the applicant's name shall be removed from the list of
eligible persons as provided in Sec. 335.5 of this chapter and he or
she shall not be administered the oath.
3. Section 337.3 is revised to read as follows:
Sec. 337.3 Expedited administration of oath of allegiance.
(a) An applicant may be granted an expedited oath administration
ceremony by either the court or the Service upon demonstrating
sufficient cause. In determining whether to grant an expedited oath
administration ceremony, the court or the district director shall
consider special circumstances of a compelling or humanitarian nature.
Special circumstances may include but are not limited to:
(1) The serious illness of the applicant or a member of the
applicant's family;
(2) Permanent disability of the applicant sufficiently
incapacitating as to prevent the applicant's personal appearance at a
scheduled ceremony;
(3) The developmental disability or advanced age of the applicant
which would make appearance at a scheduled ceremony inappropriate; or
(4) Urgent or compelling circumstances relating to travel or
employment determined by the court or the Service to be sufficiently
meritorious to warrant special consideration.
(b) Courts exercising exclusive authority may either hold an
expedited oath administration ceremony or refer the applicant to the
Service in order for either the Immigration Judge or the Service to
conduct an oath administration ceremony, if an expedited judicial oath
administration ceremony is impractical. The court shall inform the
district director in writing of its decision to grant the applicant an
expedited oath administration ceremony and that the court has
relinquished exclusive jurisdiction as to that applicant.
(c) All requests for expedited administration of the oath of
allegiance shall be made in writing to either the court or the Service.
Such requests shall contain sufficient information to substantiate the
claim of special circumstances to permit either the court or the
Service to properly exercise the discretionary authority to grant the
relief sought. The court or the Service may seek verification of the
validity of the information provided in the request. If the applicant
submits a written request to the Service, but is awaiting an oath
administration ceremony by a court pursuant to Sec. 337.8, the Service
promptly shall provide the court with a copy of the request without
reaching a decision on whether to grant or deny the request.
4. Section 337.7 is amended by revising paragraph (a) to read as
follows:
Sec. 337.7 Information and assignment of individuals under exclusive
jurisdiction.
(a) No later than at the time of the examination on the application
pursuant to Sec. 335.2 of this chapter, an employee of the Service
shall advise the applicant of his or her right to elect the site for
the administration of the oath of allegiance, subject to the exclusive
jurisdiction provision of Sec. 310.3(d) of this chapter. In order to
assist the applicant in making an informed decision, the Service shall
advise the applicant of the upcoming Immigration Judge or Service
conducted and judicial ceremonies at which the applicant may appear, if
found eligible for naturalization.
* * * * *
5. Section 337.8 is amended by revising paragraph (f) to read as
follows:
Sec. 337.8 Oath administered by the courts.
* * * * *
(f) Withdrawal from court. An applicant for naturalization not
subject to the exclusive jurisdiction of Sec. 310.3(d) of this chapter,
who has elected to have the oath administered in a court oath ceremony,
may, for good cause shown, request that his or her name be removed from
the list of persons eligible to be administered the oath at a court
oath ceremony and request that the oath be administered in a ceremony
conducted by an Immigration Judge or the Service. Such request shall be
in writing to the Service office which granted the application and
shall cite the reasons for the request. The district director or
officer-in-charge shall consider the good cause shown and the best
interests of the applicant in making a decision. If it is determined
that the applicant shall be permitted to withdraw his or her name from
the court ceremony, the Service shall give written notice to the court
of the applicant's withdrawal, and the applicant shall be scheduled for
the next available oath ceremony, conducted by an Immigration Judge or
the Service, as if he or she had never elected the court ceremony.
6. Section 337.9 is amended by revising paragraph (a) to read as
follows:
Sec. 337.9 Effective date of naturalization.
(a) An applicant for naturalization shall be deemed a citizen of
the United States as of the date on which the applicant takes the
prescribed oath of allegiance, administered either by the Service or an
Immigration Judge in an administrative ceremony or in a ceremony
conducted by an appropriate court under Sec. 337.8 of this chapter.
* * * * *
Dated: July 14, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-18068 Filed 7-21-95; 8:45 am]
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