Representation and Appearances: Law Students and Law Graduates

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[EOIR No. 115I; A.G. Order No. 2058-96]

8 CFR Part 292

RIN 1125-AA16

Representation and Appearances: Law Students and Law Graduates

AGENCY: Executive Office for Immigration Review, Immigration and

Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule with request for comments revises two of the

current restrictions supervising and compensating law students and law

graduates who wish to represent aliens before the Immigration and

Naturalization Service and the Executive Office for Immigration Review,

including the Board of Immigration Appeals and the Immigration Courts.

The number of immigration cases, and thus the number of representatives

needed, has increased in recent years. This revision will expand the

pool of law students and law graduates eligible to represent aliens in

such hearings.

DATES: Effective Date: October 15, 1996.

Comments: Written comments must be received on or before December

16, 1996.

ADDRESSES: All comments concerning this interim rule should be

addressed to both Margaret M. Philbin, General Counsel, Executive

Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls

Church, Virginia 22041, and Janice B. Podolny, Associate General

Counsel, Immigration and Naturalization Service, 425 I Street, NW.,

Suite 6100, Washington, DC 20536.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel, Executive Office for Immigration

Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041,

telephone (703) 305-0470, or Janice B. Podolny, Associate General

Counsel, Immigration and Naturalization Service, 425 I Street, NW.,

Suite 6100, Washington, DC 20536, telephone (202) 514-2895.

SUPPLEMENTARY INFORMATION: This interim rule with request for comments

amends 8 CFR part 292 by revising two of the current restrictions on

law students and law graduates who wish to represent aliens before the

Immigration and Naturalization Service (INS) and the Executive Office

for Immigration Review (EOIR), including the Board of Immigration

Appeals and the Immigration Courts. Currently section 292.1(a)(2)

requires that a law student who wishes to appear before INS and/or EOIR

file a statement that he or she is participating, under the direct

supervision of a faculty member or an attorney, in a legal aid program

or clinic conducted by a law school. This interim rule amends this

provision to also allow a law student to appear before INS and/or EOIR

if he or she is under the direct supervision of an attorney in a legal

aid program or clinic conducted, by a non-profit organization. This

amendment merely permits law students, like law graduates, to appear

while participating in an independent legal aid program.

In addition, sections 292.1(a) (ii) and (iii) of the current

regulations require that law students and law graduates appear before

INS and/or EOIR without direct or indirect remuneration. This interim

rule amends this provision by requiring that law students and law

graduates appear before INS and/or EOIR without direct or indirect

remuneration from the alien who they represent.

This interim rule expands the pool of competent, properly

supervised representatives for individuals who might otherwise be

unable to obtain legal representation by removing these two

restrictions upon law students and law graduates. The number of

immigration cases completed in fiscal year 1995 totaled more than

168,000, and the need for individuals to represent these aliens has

increased. Under this revised regulation, more law students and law

graduates will be available to represent aliens in immigration

proceedings because participants in legal aid clinics or programs

sponsored by both law schools and non-profit organizations will be

eligible. These law students and law graduates will also be able to

accept compensation for their work so long as they are not paid, either

directly or indirectly, by the alien whom they represent. This will

allow law students and law graduates to work through legal aid clinics

or programs which provide representation to aliens in immigration

proceedings on a pro bono basis. The law student or law graduate still

must have the permission of the official before whom he or she is

appearing. A law student must be appearing under the direct supervision

of a faculty member or licensed attorney. A law graduate may appear

under the supervision of a licensed attorney or an accredited

representatives. These safeguards ensure that those individuals who

have yet to be admitted to a state bar are closely supervised by an

experienced attorney, a professor, or an accredited representative

while representing aliens.

EOIR's and INS's implementation of this rule as an interim rule,

with provisions for post-promulgation public comment, is based upon the

``good cause'' exceptions found at 5 U.S.C. 553 (b) and (d). The

reasons and the necessity for immediate implementation of this interim

rule are as follows: The immediate implementation of this rule will

expand the pool of competent, properly supervised representatives while

also maintaining the supervision requirement for law students and law

graduates. This interim rule provides a benefit to aliens who seek

legal representation by enabling them to more easily identify, retain,

and afford such representation. A notice and comment period for a

proposed rule therefore would have been unnecessary and contrary to the

public interest.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b), the Attorney General certifies

that this rule affects only individuals in need of legal representation

before INS and/or EOIR and does not have a significant economic impact

on a substantial number of small entities.

Executive Order 12866

The Attorney General has determined that this rule is not a

significant regulatory action under Executive Order No. 12866, and

accordingly this rule has not been reviewed by the Office of Management

and Budget.

Executive Order 12612

This rule has no Federalism implications warranting the preparation

of a Federalism Assessment in accordance with Executive Order No.

12612.

Executive Order 12988

The rule complies with the applicable standards provided in

sections 3(a) and 3(b)(2) of Executive Order No. 12988.

List of Subjects in 8 CFR Part 292

Administrative practice and procedure, Immigration, Lawyers,

Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, part 292 of chapter I of

Title 8 of the Code of Federal Regulations is amended as follows:

PART 292--REPRESENTATION AND APPEARANCES

1. The authority citation for part 292 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1252b, 1362.

[[Page 53610]]

2. In Sec. 292.1, paragraphs (a)(2) (ii) and (iii) are revised to

read as follows:

Sec. 292.1 Representation of others.

(a) * * *

(2) * * *

(ii) In the case of a law student, he or she has filed a statement

that he or she is participating, under the direct supervision of a

faculty member or an attorney, in a legal aid program or clinic

conducted by a law school or non-profit organization, and that he or

she is appearing without direct or indirect remuneration from the alien

he or she represents;

(iii) In the case of a law graduate, he or she has filed a

statement that he or she is appearing under the supervision of a

licensed attorney or accredited representative and that he or she is

appearing without direct or indirect remuneration from the alien he or

she represents; and

* * * * *

Dated: October 7, 1996.

Janet Reno,

Attorney General.

[FR Doc. 96-26281 Filed 10-11-96; 8:45 am]

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