View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DHS/USCBP RIN: 1651-AA04 Publication ID: Fall 2008 
Title: Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings 
Abstract: Many of the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) became effective April 1, 1997. Some provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) that were not superseded by IIRIRA became effective November 1, 1996. On March 6, 1997, INS and The Executive Office of Immigration Review (EOIR) published an interim final rule revising the asylum process; providing a mechanism for the determination and review of certain applicants who demonstrate a credible fear of persecution if returned to their own country; defining the inspection and admission process including new expedited removal procedures for aliens attempting to enter the United States through fraud or misrepresentation by apprehension, detention, and removal of aliens; addressing conduct of removal proceedings; and revising many other sections of the regulations to conform with the new laws. On December 6, 2000, INS and EOIR published the rule "Asylum Procedures" (INS No. 1865-97; RIN 1115-AE93), which finalized the asylum portions of this interim rule. DHS intends to publish a final rule to finalize the portions of this rulemaking relating to inspection and expedited removal of aliens, detention and deportation and removal of aliens, and the conduct of removal proceedings. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1    8 CFR 3    8 CFR 103    8 CFR 204    8 CFR 207    8 CFR 209    8 CFR 211 to 214    8 CFR 216 to 217    8 CFR 221 to 223   
Legal Authority: 5 USC 301    5 USC 552 to 552a    8 USC 1101 to 1103    8 USC 1154    8 USC 1181 to 1186a    8 USC 1187   
Legal Deadline:
Action Source Description Date
Other  Statutory  The statute requires the Attorney General to promulgate implementing regulations by March 1, 1997.  03/01/1997 

Overall Description of Deadline: This rule was automatically transferred from the former INS to CBP after the creation of DHS. The general authority to promulgate immigration regulations, with certain exceptions, now lies in the Secretary of Homeland Security as per the transfer of authority from the Attorney General in the Homeland Security Act.

Timetable:
Action Date FR Cite
Final Action--INS No. 1669-94  03/22/1996  61 FR 11717   
NPRM--INS No. 1788-96 Comment Period End 2/3/97  01/03/1997  62 FR 444   
Interim Final Rule--INS No. 1788-96 Comment Period End 7/15/97  03/06/1997  62 FR 10312   
Interim Final Rule Correction (Effective 04/01/97)  04/01/1997  62 FR 15362   
Interim Final Rule--INS No. 1788-96 Correction  04/09/1997  62 FR 17048   
Final Rule--INS No. 1920-98  07/22/1998  63 FR 39217   
Next Action Undetermined  To Be Determined    
Additional Information: Transferred from RIN 1115-AE47
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Paul M. Morris
Executive Director Admissibility and Passenger Programs
Department of Homeland Security
U.S. Customs and Border Protection
Office of Field Operations, 1300 Pennsylvania Avenue NW.,
Washington, DC 20229
Phone:202 344-1438
Email: paul.morris@dhs.gov