1190-AA71 201610 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1190 Civil Rights Division CRT 1100 Department of Justice DOJ Revision of Standards and Procedures for the Enforcement of Section 274B of the Immigration and Nationality Act

The Department of Justice proposes to revise regulations implementing section 274B of the Immigration and Nationality Act and to reflect the new name of the office within the Department charged with enforcing this statute.  The proposed revisions are appropriate to conform the regulations to the statutory text as amended, simplify and add definitions of statutory terms, update and clarify the procedures for filing and processing charges of discrimination, ensure effective investigations of unfair immigration-related employment practices, and update outdated references.   

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 28 CFR 0 28 CFR 44 5 U.S.C. 301 8 U.S.C. 1103(a)(1) 8 U.S.C. 1103(g) 8 U.S.C. 1324b 28 U.S.C. 509 28 U.S.C. 510 28 U.S.C. 515-519 Yes

The regulatory revisions are necessary to conform the regulations to section 274B of the Immigration and Nationality Act (INA), as amended. The regulatory revisions also simplify and add definitions of statutory terms, update and clarify the procedures for filing and processing charges of discrimination, ensure effective investigations of unfair immigration-related employment practices, replace outdated references, and reflect the new name of the office within the Department charged with enforcing this statute.

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Statutory Authority: 8 U.S.C. 1324b; 8 U.S.C. 1103(a)(1), (g)

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The Department believes that an NPRM is the most appropriate, and for some revisions a necessary, method for achieving the goals of the revisions. Issuing this NPRM is necessary to correct outdated regulatory provisions and incorporate statutory changes to section 274B of the INA. Likewise, revising the regulations to be consistent with longstanding agency guidance and relevant case law is appropriate and will reduce potential confusion about the law. Further, because the regulations already include procedures for filing and processing charges, it is appropriate to revise the regulations to reflect updates to these processes and procedures. Finally, it is appropriate to update the regulations to reflect the new name of the office charged with enforcing the statute.

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The Department has determined that this rule is not economically significant, that is, that the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or communities. Any estimated costs to the public relate to costs employers may incur familiarizing themselves with the rule, updating their relevant policies if needed, and participating in a voluntary training webinar. In the NPRM, the Department will be soliciting public comment in response to its preliminary analysis regarding the costs imposed by the rule. While not easily quantifiable due to data limitations, the Department identified several benefits of the rule, including: 1) helping employers understand the law more efficiently, 2) increasing public access to government services, and 3) eliminating public confusion regarding two offices in the Federal government with the same name.

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Failure to update the regulations to conform to the statutory amendments will interfere with the Department’s enforcement efforts. Further, failure to revise the regulations to reflect changes to the filing and processing of charges and the new name of the office charged with enforcing the law will lead to confusion among the public, most specifically employers subject to the law’s requirements and workers whose rights are guaranteed by the law.

]]> NPRM 08/15/2016 81 FR 53965 NPRM Comment Period End 09/14/2016 Final Action 09/00/2017 No None No No No No Alberto Ruisanchez Deputy Special Counsel, OSC 1190 Civil Rights Division CRT 202 616-5594 202 616-5509 osccrt@usdoj.gov 1425 New York Avenue NW., Suite 9000, Washington DC 20530