Extension of 25-Mile Limit at Select Arizona Ports-of-Entry

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 235

[INS No. 2026-99]

RIN 1115-AF60

Extension of 25-Mile Limit at Select Arizona Ports-of-Entry

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service

(Service) regulations to extend the distance Mexican nationals may

travel into the United States without obtaining additional immigration

documentation at selected ports-of-entry (POEs) along the United States

and Mexico border. The selected POEs are located in the State of

Arizona at Sasabe, Nogales, Mariposa, Douglas, and Naco. Once visitors

to Arizona meet the inspection requirements of legal entry to the

United States, they will be able to travel within the 75-mile border

region of Arizona. This rule is intended to promote commerce in the

southern Arizona border area while still ensuring that sufficient

safeguards are in place to prevent illegal entry to the United States.

DATES: Effective date: This interim rule is effective December 8, 1999.

Comment date: Written comments must be submitted on or before

February 7, 2000.

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 No. 2026-99 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: Paul M. Morris, Assistant Chief

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

Room 4064, Washington, DC 20536, telephone (202) 305-2970.

SUPPLEMENTARY INFORMATION:

What Change Is Being Made by This Rule?

This interim rule amends 8 CFR 235.1(f)(1) by extending from 25 to

75 miles the distance Mexican nationals who meet the inspection

requirements for legal entry at selected POEs in Arizona along the

United States and Mexico border may travel into the United States

without obtaining additional immigration documentation. The selected

POEs are located in the State of Arizona at Sasabe, Nogales, Mariposa,

Douglas, and Naco. Mexican nationals admitted at these POEs may travel

in Arizona within 75 miles of the border without obtaining Form I-94,

Arrival and Departure Record, and may remain in the United States for a

period not to exceed 72 hours. Mexican nationals admitted as

nonimmigrant visitors at the Mexican border POEs in the State of

Arizona at Sasabe, Nogales, Mariposa, Naco or Douglas for a period not

to exceed 72 hours, may also travel within 25 miles of the border in

the State of California, New Mexico and Texas as long as they remain

within 25 miles of the border while in those states.

What Are the Current Requirements for Mexican Nationals Entering

the United States?

Since 1953, Mexico and the United States have agreed to make

special accommodations for Mexican nationals who cross the border into

the immediate border area to promote the economic stability of the

region. The Service has helped promote border commerce by permitting

travel within 25 miles of the boundary for less than 72 hours without

additional documentation other than that needed to be admitted to the

United States. Frequent Mexican visitors may obtain and use border

crossing identification cards (BCCs) such as the Service-issued Forms

I-186 or I-586, Mexican Nonresident Alien Border Crossing Card, and

Form DSP-150, B1/B2 Visa and Border Crossing Card, issued by the

Department of State and commonly called the ``Laser Visa'' (see 8 CFR

part 212.6). BCCs allow qualified persons who frequently cross the

United States and Mexico border to be admitted to the United States

more quickly and without further documentation while still preserving

the integrity and security of the admissions process. Current

regulations also require Mexican nationals who seek to enter the United

States for more than 72 hours, and/or to travel farther than 25 miles

from the United States and Mexico border to obtain Form I-94.

Why Is the Service Making This Change?

With passage of the North American Free Trade Agreement in 1994,

commerce, travel, and tourism across the United States and Mexico

border into neighboring communities have increased the economic

interdependence of cities located in the border area.

Currently Sonora, Mexico, and the State of Arizona form one of the

fastest growing cross-border regions. However, unlike the other border

States, Arizona has no large city within the Service-defined zone of 25

miles. The first large city from the border in central/southeastern

Arizona is Tucson which is about 55 air miles from the United States/

Mexico border and from 60 to 75 miles away from the five nearest POEs.

According to the current regulations at 8 CFR 235.1(f)(1) a Tucson-

bound Mexican businessperson, tourist, or shopper must acquire

additional documentation just to engage in the same routine activities

that occur daily at every other major crossing point along the border.

These routine legal border crossers have to spend additional time at

the POE to obtain a Form I-94 and must pay a fee of $6.

To address concerns from city officials in Tucson, surrounding

communities, travelers in southern Arizona, and trade organizations

such as the Border Trade Alliance, by this rule the Service will extend

the distance limit to 75 miles within Arizona. A businessperson,

tourist, or shopper will still be required to meet all the requirements

for legal entry into the United States. The city of Tucson estimates

that this change in the distance limit will greatly expand commercial

activity in the city and in smaller towns between Tucson and the

border. The city of Tucson conducted a study indicating that, after

implementation of this rule, the

[[Page 68617]]

commercial gain from Mexican visitors is estimated to reach $56.3

million a year.

How Can Mexican Nationals Travel Beyond the 75-Mile Limit or Stay

in the United States for Longer Than 72 Hours?

The change announced in this rule does not apply to a Mexican

national who intends to go beyond the 75-mile limit in Arizona or who

wishes to stay in the United States for more than 72 hours. In such a

case, the Mexican national must obtain a Form I-94 and pay the $6 fee,

in accordance with existing requirements.

Does the Service Intend To Expand the 25-Mile Limit at Other United

States and Mexico Border POEs?

The Service believes that this regulatory change responds to the

unique circumstances of central/southeastern Arizona. There is

currently no plan to test this approach elsewhere along the Southwest

Border where cross-border commerce appears to occur routinely within

the existing 25-mile regulatory limit.

How Will This Rule Affect the Border Patrol and Other Enforcement

Operations?

Once this interim rule takes effect, the Service will monitor and

evaluate any changes in the patterns of violations of terms of

admission that may occur. In addition, the Service shall monitor data

on apprehensions of those Mexican BCC holders who do not have an

approved Form I-94 and who violate their terms of admission by

remaining in the United States for more than 72 hours or who travel

beyond the 75 mile limit set by this rule.

What Fiscal Impact Will This Rule Have on the Service?

The Service estimates that this rule will eliminate the need for

Mexican nationals to obtain approximately 50,000 Forms I-94 annually,

at a cost to them of $6.00 per form. The annual loss of approximately

$300,000 in revenue to the Service will be partially offset by the

reduction in traffic congestion at the affected POEs, the facilitated

entry of a greater percentage of travelers, and the elimination of

Service staff time required to issue those Forms I-94.

Good Cause Exception

Implementation of this rule as an interim rule with an immediate

effective date and with provision for post-promulgation public comments

is based upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B)

and (d)(1). The reasons for immediate implementation of this interim

rule are as follows: This rule removes a restriction on travel within

the State of Arizona for Mexican nationals who meet all the

requirements for legal entry into the United States. The removal of

this restriction is intended to facilitate travel within the State of

Arizona, and to expand commercial activity in Tucson and in smaller

towns between Tucson and the United States and Mexico border. Delaying

the elimination of this restriction would be unnecessary and contrary

to the public interest.

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. The city of Tucson estimates that the change in

regulation will greatly expand commercial activity in the city and in

smaller towns between Tucson and the border. City officials estimate

the commercial gain from Mexican Visitors will reach $56.3 million a

year. Although this rule will likely have some economic impact on small

entities, the impact should not be substantial. This rule is intended

to increase commercial activity for small and large entities in the

United States.

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. The 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, 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, this rule has not been

reviewed by the Office of Management and Budget (OMB).

Executive Order 13132

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 section 6

of Executive Order 13132,it is determined that this rule does not have

sufficient federalism implications to warrant the preparation of a

federalism summary impact statement.

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 235

Administrative practice and procedure, Aliens, Immigration,

Reporting and recordkeeping requirements.

Accordingly, part 235 of chapter I of Title 8 of the Code of

Federal Regulations is amended as follows:

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

1. The authority citation for part 235 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,

1226, 1227, 1228, 1252; 8 CFR part 2.

2. Section 235.1 is amended by:

a. Revising paragraph (f)(1)(iii);

b. Removing the period at the end of paragraph (f)(1)(iv), and

adding in its place ``; or'' and by

c. Adding a new paragraph (f)(1)(v), to read as follows:

Sec. 235.1 Scope of examination.

* * * * *

(f) * * *

(1) * * *

(iii) Except as provided in paragraph (f)(1)(v) of this section,

any Mexican national who is exempt from a visa and passport pursuant to

Sec. 212.1(c)(1) of this chapter, or who is in possession of a passport

and valid visa who is admitted as a nonimmigrant visitor for a period

[[Page 68618]]

not to exceed 72 hours to visit within 25 miles of the border;

* * * * *

(v) Any Mexican national who is exempt from a visa and passport

pursuant to Sec. 212.1(c)(1) of this chapter, or is in possession of a

passport and valid visa who is admitted as a nonimmigrant visitor at

the Mexican border POEs in the State of Arizona at Sasabe, Nogales,

Mariposa, Naco, or Douglas for a period not to exceed 72 hours to visit

within the State of Arizona and within 75 miles of the border.

* * * * *

Dated: December 2, 1999.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 99-31694 Filed 12-7-99 8:45 am]

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