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DHS/USCBP RIN: 1651-AA07 Publication ID: Fall 2018 
Title: Amendment of the Regulatory Definition of Arriving Alien 
Abstract: This rule amends the DHS regulations by changing the regulatory definition of an arriving alien. Under section 235(b)(1)(A)(i) of the Immigration and Nationality Act, which was effective on April 1, 1997, certain arriving aliens are subject to expedited removal procedures. The existing regulatory definition of arriving aliens includes parolees. As a matter of policy, the Department has decided that it is appropriate to exempt from the new expedited removal procedures aliens who were paroled into the United States before April 1997. This interim final rule clarifies that these aliens, as well as certain other aliens who were paroled into the United States pursuant to advance parole, will not be subjected to expedited removal upon termination at parole. The interim final rule also makes several changes in the ordering of 1.1(q) to use language that is clearer and more consistent with the wording of the statute. 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1 and 2   
Legal Authority: 8 U.S.C. 1101   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  04/20/1998  63 FR 19382   
Interim Final Rule Comment Period End  06/19/1998    
Withdrawn  09/27/2018 
Additional Information: Transferred from RIN 1115-AE87
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Todd Hoffman
Executive Director, Admissibility and Passenger Programs
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue NW,
Washington, DC 20229
Phone:202 344-1220
Email: todd.a.hoffman@cbp.dhs.gov