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DHS/USICE

RIN: 1653-AA45

Publication ID: Spring 2009

Title: Strengthening Control Over Immigration Surety Bonds
Abstract: The Department continues to experience problems collecting the funds for breached surety bonds. Several surety companies and/or their bonding agents continue to circumvent administrative remedies to address immigration surety bond claims sent out by the Department and have evaded the judicial review process. This rule proposes to strengthen the Department's control over the collection of immigration surety bonds by improving current DHS procedures and by providing the Department with stronger enforcement measures. Specifically, this rule will require surety companies and bonding agents to exhaust administrative remedies by using the Department's appeal procedures, as a prerequisite to challenging the Department's actions under the Administrative Procedure Act, before seeking judicial review of DHS actions. Also, this rule limits the exposure of the Department in cases when bonding agents have acted improperly or when authorities have been denied by their corporate principals and encourages surety companies and bonding agents to respond early if there are any issues or disputes with the Department's claim. Further, the rule formalizes DHS' reporting requirements to the Department of Treasury and provides notification to the Treasury of high-dollar volume of unpaid debt over 90 days old. Lastly, the rule adds an enforcement measure to suspend acceptance of surety bonds from bonding agents and/or surety companies that have large unpaid balances or who do not otherwise respond to DHS invoices. This rule is necessary to ensure that the Department receives funds owed by the surety companies.
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: Undetermined	Unfunded Mandates: No
CFR Citation: 8 CFR 103
Legal Authority: 8 USC 1103 8 USC 1356 31 USC 9701 31 USC 9305 PL 104-208

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Additional Information: Prior RIN 1653-AA16 was withdrawn in Spring 2004 Agenda
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: Lori Genest Burlington Finance Center Department of Homeland Security U.S. Immigration and Customs Enforcement P.O. Box 5000, Williston, VT 05495 Phone:802 288-7600 Email: lori.genest@dhs.gov