[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47667-47668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23034]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 240
[INS No. 1612-93]
RIN 1115-AE43
Removal of Obsolete Sections of the Regulation Concerning
Temporary Protected Status for Salvadorans
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the Immigration and Naturalization
Service (Service) regulations by removing those sections relating to
Temporary Protected Status (TPS) for Salvadorans under section 303 of
the Immigration Act of 1990 (IMMACT). Since the TPS program for
Salvadorans expired on June 30, 1992, this action is necessary to
remove obsolete language from the Service's regulations.
EFFECTIVE DATE: September 10, 1996.
FOR FURTHER INFORMATION CONTACT:
Ron Chirlin, Adjudications Officer, Residence and Status Services
Branch, Adjudications Division, Immigration and Naturalization Service,
425 I Street, NW., Room 3214, Washington DC, 20536, Telephone: (202)
514-5014.
SUPPLEMENTARY INFORMATION:
Background
Section 302 of the Immigration Act of 1990 (IMMACT), Public Law
101-649, dated November 29, 1990, added section 244A of the Immigration
and Nationality Act (Act), establishing Temporary Protected Status
(TPS) relief. Upon designation of a foreign state by the Attorney
General, TPS affords temporary protection and work authorization in the
United States to eligible individuals from a designated foreign state
that is experiencing ongoing armed conflict, environmental disaster, or
other harmful conditions that would prevent such individuals from
returning to that state in safety.
In addition to the general procedures governing TPS under section
244A of the Act, section 303 of IMMACT afforded such protection
specifically to nationals of El Salvador for an 18-month period ending
on June 30, 1992. The special TPS program for Salvadorans included some
special limitations and requirements which were implemented in 8 CFR
240.40 through 240.47. These special procedures for Salvadorans
included additions or exceptions to the general TPS procedures in 8 CFR
240.1 through 240.20. The Service published both the general and the
specific Salvadoran TPS regulations in the Federal Register as an
interim rule on January 7, 1991, at 56 FR 618 and as a final rule on
May 22, 1991, at 56 FR 23491.
Under section 303 of IMMACT, TPS designation for El Salvador was to
expire on June 30, 1992, unless the Attorney General extended the
designation. On June 26, 1992, the Commissioner of the Service
announced in the Federal Register at 57 FR 28700 that Salvadoran TPS
designation would not be extended.
Although Salvadoran TPS expired, many of the Salvadoran TPS
registrants became eligible to apply for a 1-year program of deferred
enforced departure (DED) established by presidential order through the
June 26, 1992, Federal Register notice. By a Federal Register notice
published June 8, 1993, at 58 FR 32157, the Service further extended
DED until December 31, 1994, as directed by President Clinton. The
Service subsequently extended until April 30, 1996, the DED-related
work authorization of Salvadorans whose DED registration expired on
December 31, 1994, by a series of Federal Register notices concluding
on January 30, 1996, at 61 FR 3053.
Under a court-approved settlement in a lawsuit captioned American
Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991)
(ABC), eligible TPS and DED Salvadorans are entitled to a de novo
asylum adjudication. The Sevice will begin to schedule ABC class
members for asylum interviews on a routine basis.
The Salvadoran TPS program expired on June 30, 1992. The Service
therefore finds it appropriate to remove the obsolete regulations
concerning the expired Temporary Protected Status program for
Salvadorans.
Impact of Removal of Obsolete Sections of the Regulation
The removal of obsolete sections of the regulation will streamline
the regulations and decrease confusion. The Service will continue to
inform all former Salvadoran TPS registrants who inquire that the
program has expired and that they are not eligible for further
registration or work authorization under that program.
Basis for Removal of Obsolete Sections of the Regulation Without
Advance Notice or Provision for Public Comments
The Service's implementation of this rule as a final rule without
advance notice or provision for public comment procedures is based upon
the ``good
[[Page 47668]]
cause'' exception found at 5 U.S.C. 553 (b) and (d). The reasons for
immediate final publication of this rule without provision for public
comment are as follows:
The Service is removing language in the regulations which relates
only to the specific statutory Salvadoran TPS program which expired on
June 30, 1992. As the Salvadoran TPS reregistration period and TPS
program both expired on that date, all such applications have been
adjudicated and any further applications are inappropriate. The
continued presence of this obsolete language serves no function and
advance notice and public comment procedures are therefore unnecessary.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that the rule
will not have a significant economic impact on a substantial number of
small entities because it merely removes language which implemented an
expired statutory provision.
Executive Order 12866
This rule is not 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 waived its review process under section 6(a)(3)(A).
Executive Order 12612
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 Executive
Order 12612, this rule does not have sufficient Federalism implications
to warrant the preparation of a Federalism Assessment.
List of Subjects in 8 CFR Part 240
Administrative practice and procedure, Immigration.
Accordingly, part 240 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 240--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
1. The authority citation for part 240 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1254, 1254a note.
2. Part 240 is amended by removing the heading for Subpart A.
3. Part 240 is amended by removing Subpart B.
Dated: July 11, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-23034 Filed 9-9-96; 8:45 am]
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