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DOJ/CRT RIN: 1190-AA71 Publication ID: Fall 2016 
Title: Revision of Standards and Procedures for the Enforcement of Section 274B of the Immigration and Nationality Act 
Abstract:

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of discrimination, ensure effective investigations of unfair immigration-related employment practices, and update outdated references.   

 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 28 CFR 0    28 CFR 44   
Legal Authority: 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   
Legal Deadline:  None

Statement of Need:

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charges of discrimination, ensure effective investigations of unfair immigration-related employment practices, replace outdated references, and reflect the new name of the office within the Department charged with enforcing this statute.

Summary of the Legal Basis:

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

Alternatives:

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 Issuing this NPRM is necessary to correct outdated regulatory provisions and incorporate statutory changes to section 274B of the INA.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.

Anticipated Costs and Benefits:

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.

Risks:

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.

Timetable:
Action Date FR Cite
NPRM  08/15/2016  81 FR 53965   
NPRM Comment Period End  09/14/2016 
Final Action  09/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Alberto Ruisanchez
Deputy Special Counsel, OSC
Department of Justice
Civil Rights Division
1425 New York Avenue NW., Suite 9000,
Washington, DC 20530
Phone:202 616-5594
Fax:202 616-5509
Email: osccrt@usdoj.gov