Removal of Obsolete Sections of the Regulation Concerning Temporary Protected Status for Salvadorans

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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