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| DHS/USICE | RIN: 1653-AA60 | Publication ID: Spring 2011 |
| Title: Continued Detention of Aliens Subject to Final Orders of Removal | |
| Abstract: This notice of proposed rulemaking (NPRM) is proposing to amend the Department of Homeland Security (DHS) regulatory provisions for custody determinations for aliens in immigration detention who are subject to an administratively final order of removal. The proposed amendment would add a paragraph to 8 CFR 241.4(g) providing that U.S. Immigration and Customs Enforcement (ICE) shall have a reasonable period of time to effectuate an alien's removal where the alien is not in immigration custody when the order of removal becomes administratively final. The proposed rule would also clarify the removal period time frame afforded to the agency following an alien's compliance with his or her obligations regarding removal subsequent to a period of obstruction or failure to cooperate. The rule proposes to make conforming changes to 241.13(b)(2). Lastly, the rule proposes to add a paragraph to 8 CFR 241.13(b)(3) to make clear that aliens certified by the Secretary under section 236A of the Immigration and Nationality Act, 8 U.S.C. 1226a, are not subject to the provisions of 8 CFR 241.13, in accordance with the separate detention standard provided under the Act. | |
| 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: No |
| CFR Citation: 8 CFR 241 | |
| Legal Authority: 8 USC 1103 8 USC 1223 8 USC 1227 8 USC 1231 8 USC 1253 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: Yes | |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 1653-AA13 | |
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Agency Contact: Jason Johnsen Department of Homeland Security U.S. Immigration and Customs Enforcement 500 12th Street SW., Washington, DC 20024 Phone:202 732-4245 Email: jason.johnsen@dhs.gov |
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