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DHS/USCBP | RIN: 1651-AA97 | Publication ID: Fall 2016 |
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. |
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Agency: Department of Homeland Security(DHS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 8 CFR 212.1 | |
Legal Authority: 212(a)(7)(B) INA 8 U.S.C. 1182(a)(7) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
Agency Contact: R. Joseph O'Donnell Jr. Program Manager, Fines, Penalties and Forfeitures Division Department of Homeland Security U.S. Customs and Border Protection Office of Field Operations, 1300 Pennsylvania Avenue NW, Washington, DC 20229 Phone:202 344-1691 Email: joseph.r.odonnell@dhs.gov |