View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DHS/USCIS RIN: 1615-AC46 Publication ID: Spring 2021 
Title: Enhancing the Integrity of the Unlawful Presence Inadmissibility Provisions  

The three- and ten-year bars to admissibility of section 212(a)(9)(B)(i) of the Immigration and Nationality Act (the Act) and the permanent bar to admissibility of section 212(a)(9)(C)(i)(I) of the Act were added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Div. C of Pub. L. 104-208 (September 30, 1996) (IIRIRA)). The amendments enacting sections 212(a)(9)(B) and (C) became effective on April 1, 1997. To date, DHS has not implemented regulations describing how unlawful presence accrues for the purposes of 212(a)(9)(B)(i) and (C)(i)(I). DHS intended to propose regulations to this effect. Further, DHS intended to address how noncitizens subject to inadmissibility under 212(a)(9)(B)(i) and (C)(i)(I) may be admitted to the United States after remaining outside the United States for the required period of time. DHS has determined that the proposed regulation should be withdrawn.


Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 8 CFR 212    8 CFR 214   
Legal Authority: INA sec. 212(a)(9)(B)    INA sec. 212(a)(9)(C)    INA sec. 214   
Legal Deadline:  None
Action Date FR Cite
Withdrawn  02/26/2021 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mark Phillips
Residence and Naturalization Division Chief
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000