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DHS/USCBP

RIN: 1651-AA97

Publication ID: Fall 2013

Title: Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency
Abstract: This rule proposes to reinstate a 1996 amendment to 8 CFR 212.1(g) regarding a waiver of documentary requirements for nonimmigrants seeking admission to the United States. The 1996 amendment allowed the former Immigration and Naturalization Service (INS) to waive passport and visa requirements due to an unforeseen emergency while preserving its ability to fine carriers for unlawfully transporting aliens to the United States who do not have a valid passport or visa. On November 20, 2009, the United States Court of Appeals for the Second Circuit invalidated the 1996 amendment based on procedural grounds. This DHS proposal would reinstate the 1996 amendment and make some additional technical amendments. DHS and the State Department are acting jointly in this matter.
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: No	Unfunded Mandates: No
CFR Citation: 8 CFR 212.1
Legal Authority: 212(a)(7)(B) INA (8 USC 1182(a)(7))

Legal Deadline:  None

Timetable: Action Date FR Cite NPRM  01/00/2014

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Patrick Bruce General Attorney, Office of Chief Counsel Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue, NW., Washington, DC 20229 Phone:202 344-3051 Email: patrick.bruce@cbp.dhs.gov