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DHS/USCBP

RIN: 1651-AA07

Publication ID: Fall 2008

Title: Amendment of the Regulatory Definition of Arriving Alien
Abstract: This rule amends the DHS regulations by changing the regulatory definition of an arriving alien. Under section 235(b)(1)(A)(i) of the Immigration and Nationality Act, which was effective on April 1, 1997, certain arriving aliens are subject to expedited removal procedures. The existing regulatory definition of arriving aliens includes parolees. As a matter of policy, the Department has decided that it is appropriate to exempt from the new expedited removal procedures aliens who were paroled into the United States before April 1997. This rule clarifies that these aliens, as well as certain other aliens who were paroled into the United States pursuant to advance parole, will not be subjected to expedited removal upon termination at parole. The rule also makes several changes in the ordering of 1.1(q) to use language that is clearer and more consistent with the wording of the statute.
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
Legal Authority: 8 USC 1101 8 CFR 2

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	08/25/2008	63 FR 19382
Interim Final Rule Comment Period End	06/19/1998
Next Action Undetermined	To Be Determined

Additional Information: Transferred from RIN 1115-AE87
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