Effect of Parole of Cuban and Haitian Nationals on Resettlement Assistance Eligibility

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]

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