Application for Refugee Status; Acceptable Sponsorship Agreement and Guaranty of Transportation

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 207

[INS No. 1999-99]

RIN 1115-AF49

Application for Refugee Status; Acceptable Sponsorship Agreement

and Guaranty of Transportation

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: Section 207 of the Immigration and Nationality Act (Act)

authorizes the Attorney General to admit refugees to the United States

under certain conditions, including those provided for by regulation.

The Immigration and Naturalization Service (Service) regulations

require that sponsorship agreements be secured before an applicant is

granted admission as a refugee at a U.S. port-of-entry (POE). The

determination of whether or not someone is classified as a refugee is

described in the Act as a separate decision from whether a refugee may

be admitted to the United States in refugee status. This rule amends

the Service regulations by removing language that erroneously implies

that the Service requires a sponsorship agreement and guaranty of

transportation prior to determining whether an applicant is a refugee.

This rule is necessary to clarify issues that may appear ambiguous in

the existing regulation, and provides more advantageous treatment for

the limited number of applicants for refugee status who have their

Service interviews before sponsorship agreements have been secured.

DATES: Effective date: This interim rule is effective May 21, 1999.

Comment date: Written comments must be submitted on or before July

20, 1999.

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. To ensure proper handling, please reference INS number 1999-99

on your correspondence. Comments are available for public inspection at

the above address by calling (202) 514-3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT: Kathleen Thompson, Office of

International Affairs, Immigration and Naturalization Service, 425 I

Street, NW, Washington, DC 20536, Telephone (202) 305-2662.

SUPPLEMENTARY INFORMATION: Section 207 of the Act authorizes the

Attorney General to admit refugees to the United States under certain

conditions. By regulation, sponsorship is required before a refugee can

be admitted to the United States. Sponsorship ensures refugees who are

admitted to the United States transportation, housing, and assistance

in this country. Sponsorship is a requirement separate and apart from

the determination that an applicant is classified as a refugee. The

current regulations at 8 CFR 207.2(d), states that: ``[t]he application

for refugee status will not be approved until the Service receives an

acceptable sponsorship agreement and guaranty of transportation in

[sic] behalf of the applicant.''

This sentence may inappropriately imply that there is a requirement

to have secured sponsorship in advance of a determination to be

classified as a refugee, which is not the case. The Service has never

required the sponsorship assurance before determining whether an

applicant meets the definition of refugee under section 101(a)(42) of

the Act.

All refugees seeking admission to the United States must satisfy

the statutory and regulatory requirements before the Service can admit

them to the United States. For example, a refugee must have a sponsor

at the time he or she appears at a U.S. POE with an approved Form I-

590, Registration for Classification as Refugee, in order to be

admitted as a refugee. If the required sponsorship has not been secured

or the required medical screening has not been completed, and the

refugee arrives at a U.S. POE, the immigration inspector cannot admit

the refugee.

Good Cause Exception

This interim rule is effective upon date of publication in the

Federal Register, although the Service invites post-promulgation

comments within a 60-day comment period and will address any such

comments in a final rule. For the following reasons, the Service finds

that good cause exists under 5 U.S.C. 553(b)(B) and (d)(3) for

implementing this rule as an interim rule without the prior notice and

comment period ordinarily required under this provision. This rule

simply clarifies issues that may appear ambiguous in the existing

regulation, and provides more advantageous treatment for the limited

number of applicants for refugee status who have their Service

interviews before sponsorship agreements have been secured. Early

implementation will be advantageous to the intended beneficiaries of

this rule. Therefore, it is unnecessary and contrary to the public

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interest to delay the implementation of this rule until after a notice

and comment period.

Regulatory Flexibility Act

The Commissioner, Immigration and Naturalization Service, in

accordance with 5 U.S.C. 605(b), has reviewed this regulation and, by

approving it, certifies that this rule will not have a significant

economic impact on a substantial number of small entities because of

the following factors: This rule clarifies the difference between

refugee classification and refugee status. It also clarifies the timing

and significance of those determinations. This change will not affect

small entities.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and

tribal governments, in the aggregate, or by the private sector, of $100

million or more in any 1 year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Act of 1996. This rule will not

result in an annual effect on the economy of $100 million or more, a

major increase in costs or prices, or significant adverse effects on

competition, employment investment, productivity, innovation, or on the

ability of United States-based companies to compete with foreign-based

companies in domestic and export markets.

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. Accordingly, the Office of Management and Budget has waived

its review process under section 6(a)(3)(A).

Executive Order 12612

The regulation adopted 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.

Executive Order 12988 Civil Justice Reform

This interim 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 207

Immigration, Refugees, Reporting and recordkeeping requirements.

Accordingly, part 207 of chapter I of title 8 of the Code of

Federal Regulations is amended as follows:

PART 207--ADMISSION OF REFUGEES

1. The authority citation for part 207 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1158, 1159, 1182; 8

CFR part 2.

Sec. 207.2 [Amended]

2. In Sec. 207.2, paragraph (d) is amended by removing the last

sentence.

Dated: May 11, 1999.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 99-12840 Filed 5-20-99; 8:45 am]

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