Removal of Form I-151, Alien Registration Receipt Card, From the Listing of Forms Recognized as Evidence of Registration for Lawful Permanent Resident Aliens

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 264

[INS No. 1686-95]

RIN 1115-AD87

Removal of Form I-151, Alien Registration Receipt Card, From the

Listing of Forms Recognized as Evidence of Registration for Lawful

Permanent Resident Aliens

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations of the Immigration and

Naturalization Service (INS) by removing Form I-151, Alien Registration

Receipt Card, from the

[[Page 37674]]

listing of forms recognized as evidence of registration as a lawful

permanent resident alien. This rule is necessary to complete the

establishment of the current Alien Registration Receipt Card, Form I-

551, as the exclusive registration card authorized for use by permanent

resident aliens.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Gerard Casale, Senior Adjudications Officer, Immigration and

Naturalization Service, Room 3214, 425 I Street NW., Washington, DC

20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

Section 264(d) of the Immigration and Nationality Act (the Act)

provides that every immigrant alien required to register under section

262 of the Act ``shall be issued a certificate of alien registration or

an alien registration receipt card in such form and manner and at such

time as shall be prescribed under regulations issued by the Attorney

General.'' Regulations on this subject, issued under the Attorney

General's authority by the INS, are contained in 8 CFR part 264. In

particular, 8 CFR 264.1(a) lists the forms prescribed by the Service

for the registration of aliens under the Act.

On September 20, 1993, the INS published a final rule in the

Federal Register at 58 FR 48775-48780, which provided that the current

Form I-551 Alien Registration Receipt Card would be established as the

exclusive form of registration for lawful permanent resident aliens, by

terminating the validity of the old Form I-151, Alien Registration

Receipt Card. The reasons for terminating the validity of the Form I-

151 card were discussed in a previous notice of proposed rulemaking

published on May 28, 1993, at 58 FR 31000-31003. The final rulemaking

published on September 20, 1993, also addressed the public comments

which had been solicited on that subject. The INS concluded that, since

it was no longer sound public policy to recognize Alien Registration

Receipt Cards which predate the current Form I-551, the Form I-551 card

must be established as the exclusive Alien Registration Receipt Card.

The rule provided for removal of Form I-151 from 8 CFR parts 204, 211,

223, 223a, 235, 251, 252, 274a, 299, 316, and 334, effective September

20, 1994. It also amended 8 CFR part 264 to provide procedures,

effective October 20, 1993, by which bearers of the old Form I-151 card

can apply to replace it with the current Form I-551 card.

On September 14, 1994, the INS published a final rule (see 59 FR

47063) that delayed the effective date of the amendments to 8 CFR parts

204, 211, 223, 235, 251, 252, 274a, 299, 316, and 334, from September

20, 1994, until March 20, 1995. Subsequently, the INS published another

final rule on March 17, 1995 (see 60 FR 14353), which again deferred

the effective date of those changes to March 20, 1996.

It later came to the attention of the INS that the intended removal

of Form I-151 from the list of forms prescribed in 8 CFR 264.1(b) as

evidence of registration for resident aliens had been inadvertently

omitted from the previous rulemaking process. Therefore a proposed rule

published on May 24, 1995, at 60 FR 27441-27442, provided for the

removal of the Form I-151 card from that list. The effective date of

removal originally was set for March 20, 1996, the same date on which

the other remaining references to Form I-151 as a valid registration

card were terminated under the final rule published March 17, 1995.

Interested persons were invited to submit written comments on or before

July 24, 1995.

The Service received one written comment regarding the proposed

rule. Since the closing of the period for public comment, no new

factors have impacted the issues raised and discussed in the proposed

rule. The following discussion summarizes the Service's conclusions,

including issues raised by the commenter.

Removal of Form I-151 From the List of Prescribed Service Forms

The previous rule published on September 20, 1993, provided for

removal of the Form I-151 Alien Registration Receipt Card from the list

of prescribed INS forms in 8 CFR part 299. In addition, this rule

removes Form I-151 from a similar listing in 8 CFR 264.1, relating to

forms recognized as evidence of registration for lawful permanent

residence. It completes the establishment of the current Form I-551

card as the exclusive registration document for lawful permanent

residents, a declared policy objective since the first Form I-151 card

replacement program was published in the Federal Register in June 1992.

Returning Immigrants Not in Possession of Valid Form I-551 Cards

In order to effectively establish the current Form I-551 card as

the exclusive registration document for permanent resident aliens, the

previously cited final rule of September 20, 1993, provided that the

old Form I-151 card would no longer be a valid document. In particular,

8 CFR 211.1, 211.3, 211.5, and 235.9 were amended to remove references

to the Form I-151 as a valid document for admission to the United

States at Ports-of-Entry. These changes were twice published in the

Federal Register: once in the proposed rule dated May 28, 1993, and

again in the final rule dated September 20,1 993, cited above. Although

public comments regarding various provisions of the proposed rule were

received, none raised an objection regarding the amendments to 8 CFR

parts 211 and 235.

In response to the present rule, the single commenter expressed

concern that on the date when the old Form I-151 would cease to be a

valid entry document for the purposes of admission to the United States

there would be some bearers of Form I-151 card outside the United

States, unaware that the validity of the card had terminated. He

proposed that air carriers that return such aliens to the United States

be exempted from the administrative fines which section 273 of the Act

prescribes for transportation companies that bring immigrants who are

not in possession of a valid immigrant visa. The commenter's discussion

on this point is not timely. The rule which amended the documentary

requirements of 8 CFR 211.1(b) to require returning permanent resident

aliens to present a valid Form I-551 Alien Registration Receipt Card at

a Port-of-Entry became final more than 2 years ago, on September 20,

1993. As previously stated, no objections were raised during the public

comment period preceding adoption of that rule.

In meritorious cases of permanent resident aliens who arrive at a

Port-of-Entry with an expired Form I-151 card, the Act and INS

regulations allow the INS to grant discretionary relief. 8 CFR

211.1(b)(3) provides that an immigrant returning to an unrelinquished

lawful permanent residence who can satisfy the district director in

charge of the Port-of-Entry that there is good cause for his or her

failure to present a valid Form I-551 Alien Registration Receipt Card

may be granted a waiver of that requirement upon the filing of either a

Form I-193 visa waiver application or a Form I-90 card replacement

application. Moreover, section 273(e)(2) of the Act grants the INS

authority to waive a carrier's liability for transporting such an

alien, provided it has determined that the circumstances justify such a

waiver.

An INS policy memorandum HQ 70/28-P/HQ 70/11.1-P, dated March 19,

1996, provided that the implementation of the final rule terminating

the validity of the Form I-151 card was deferred to

[[Page 37675]]

April 20, 1996. The memorandum also provides transitional procedures

for the processing of returning lawful permanent residents in

possession of Form I-151 who apply for admission to the United States

at Ports-of-Entry after March 20, 1996. Pursuant to that memorandum and

until further notice, lawful permanent resident aliens who present a

Form I-151 card, have not made a prior entry since March 20, 1996, and

are found to be otherwise admissible to the United States will be

admitted and furnished with instructions for the filing of a Form I-90,

Application for Replacement Alien Registration Card, and/or

instructions regarding the documentation necessary to apply for any

subsequent readmission to the United States. The memorandum further

provides that, until further notice, the INS Port-of-Entry will not

recommend fines under section 273 of the Act against carriers that

transport lawful permanent resident aliens bearing Form I-151 cards.

Regualtory 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 adverse economic impact on a substantial

number of small entities because of the following factors. The

provisions of this rule merely clarify the requirements of existing

regulations regarding the documentation of lawful permanent resident

aliens. Therefore, the new provisions will have no significant adverse

economic impact on the small entities.

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

The regulations proposed herein 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, 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 264

Aliens, Immigration, Reporting and recordkeeping requirements.

Accordingly, part 264 of chapter I of Title 8 of the Code of

Federal Regulations is amended as follows:

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED

STATES

1. The authority citation for part 264 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.

Sec. 264.1 [Amended]

2. In Sec. 264.1, paragraph (b) is amended by removing the Form

Number and Class Reference to Form ``I-151'' from the listing of forms.

Dated: May 29, 1996.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-18343 Filed 7-18-96; 8:45 am]

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