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: Final rule.

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SUMMARY: This rule adopts without change an interim rule published by

the Immigration and Naturalization Service (Service) in the Federal

Register on July 12, 1996. The interim rule amended Service regulations

to clarify that, with certain exceptions specified in the interim rule,

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, Pub. L. 96-422, dated October 10,

1980, as amended. This amendment was 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 rule is effective June 11, 1998.

FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Associate General

Counsel, Chief of Examinations Division, Office of the General Counsel,

Immigration and Naturalization Service, Room 6100, 425 I Street NW.,

Washington, DC 20536, telephone: (202) 514-2895. This is not a toll-

free number.

SUPPLEMENTARY INFORMATION: On July 12, 1996, the Service published an

interim rule in the Federal Register at 61 FR 36610-11. The interim

rule clarified that, with certain exceptions specified in the interim

rule, nationals of Cuba and Haiti who were paroled into the United

States since October 10, 1980, are to be considered to have been

paroled in the immigration status referred to in section 501(e)(1) of

the Refugee Education Assistance Act of 1980, as amended.

The comment period expired September 10, 1996. The Service received

only one comment, from a commenter who supported the promulgation of

this rule. The commenter made further comments regarding the expiration

of the validity of Forms I-94 issued to parolees, and the parolees'

concomitant need to obtain extensions of their parole and of their

employment authorization. Since these further comments do not relate to

the purpose and substance of the interim rule, nor of this final rule,

the Service need not address these further comments in promulgating

this final rule.

Effective Date

Because of the urgent need to clarify the status of the aliens

affected by the interim rule, the Commissioner found that good cause

existed to make the interim rule effective on July 12, 1996, the date

the Service published the interim rule in the Federal Register, as

stated at 61 FR 36611. This final rule makes no substantive change. For

this reason, the Commissioner finds that good cause also exists to make

this final rule effective upon publication in the Federal Register, as

permitted under 5 U.S.C. 553.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b), the Commissioner certifies that

this final rule does not have a significant economic impact on a

substantial number of small entities. The factual basis for this

certification is that this rule simply clarifies the immigration status

that the affected aliens already hold, and does not alter the rights or

obligations of any person or entity.

Unfunded Mandates Reform Act of 1995

This final rule is not a Federal mandate, as defined by 2 U.S.C.

658. For this reason, it is not necessary to conduct the analyses

provided for under the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This final rule is not a major rule, as defined by 5 U.S.C. 804(2).

Executive Order 12866

The Commissioner does not consider this rule 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 the required review.

Executive Order 12612

This final rule 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 responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612,

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the Commission has determined that this final rule does not have

sufficient Federalism implications to warrant the preparation of a

Federalism Assessment.

Executive Order 12988 Civil Justice Reform

This rule meets the applicable standards set forth in sections 3(a)

and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 212

Administrative practice and procedure, Aliens, Immigration.

Accordingly, the interim rule amending 8 CFR part 212, which was

published in the Federal Register at 61 FR 36610-36611 on July 12,

1996, is adopted as a final rule without change.

Dated: May 14, 1998.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 98-15542 Filed 6-10-98; 8:45 am]

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