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DHS/USICE RIN: 1653-AA67 Publication ID: Spring 2013 
Title: Procedures for Declining To Accept Immigration Bonds Underwritten by Treasury-Certified Surety Companies and Their Agents Acting as Co-Obligors 
Abstract: The Department proposes to amend 8 CFR 103.6 to set forth standards and procedures ICE will follow before making a determination to stop accepting immigration bonds posted by a surety company that has been certified to issue bonds by the Department of the Treasury or by an agent acting as a co-obligor with the surety. On March 17, 2011, Treasury published a proposed rule, Surety Companies Doing Business with the United States, that would amend 31 CFR part 223. See 76 FR 15692-02. This proposed rule would grant agencies the authority to decline bonds from a Treasury-certified surety for cause, such as when the surety owes unpaid, administratively-final bond debts to the Agency. When Treasury's proposed rule is final, the Department intends to publish a proposed rule allowing ICE to decline additional immigration bonds from surety companies and/or their agents when they have failed to pay administratively-final debts or have an unacceptably high breach rate. The rule would include due process protections for the companies such as advance written notice of the Agency's intention to decline future bonds, an explanation of the reasons supporting the proposed non-acceptance of the bonds, an opportunity to respond, and an opportunity to cure the defects. This action would include provisions similar to those in withdrawn actions 1653–AA20 and 1653–AA45. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 8 CFR 103.6 
Legal Authority: 8 USC 1103 
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2013   
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Beth Cook
Associate Legal Advisor
Department of Homeland Security
U.S. Immigration and Customs Enforcement
166 Sycamore Street, Suite 200,
Williston, VT 05495
Phone:802 288-7742
Email: beth.cook@ice.dhs.gov

 
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