Section 273 of the INA makes it unlawful for a carrier to bring to the United States any alien who does not have a valid passport and an unexpired visa, if a visa was required under the INA or the regulations issued thereunder, and subjects the carrier to a fine for violating this provision. 1323) when an “unforeseen emergency” waiver had been granted under section 212(d)(4)(A) of the INA and 8 CFR 212.1(g). United Airlines, 588 F.3d at 179.Īmong other things, the 1996 amendment would have removed certain language from 8 CFR 212.1(g) that precluded DHS from assessing carrier fines under section 273 of the INA ( 8 U.S.C. The court invalidated the 1996 amendment on procedural grounds because the legacy Immigration and Naturalization Service (INS) did not coordinate with DOS in amending the regulation in violation of the joint action requirement under section 212(d)(4)(A) of the INA ( 8 U.S.C. In the NPRM, CBP proposed to reinstate a 1996 amendment to 8 CFR 212.1(g) that was invalidated by court order in United Airlines, Inc. The NPRM provided a 60-day public comment period. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register ( 81 FR 12032) proposing to amend 8 CFR 212.1(g). DOS has similar implementing regulations. Regulations governing issuance of unforeseen emergency waivers are set forth at 8 CFR 212.1(g). One of these situations is where the agencies determine in individual cases that the nonimmigrant is unable to present the required documents due to an unforeseen emergency. 1182(a)(7)(B)(i)) (describing documentary requirements for nonimmigrants). See section 212(d)(4) of the Immigration and Nationality Act (INA), as amended ( 8 U.S.C. The Secretary of Homeland Security and the Secretary of State, acting jointly, in specified situations, may waive certain documentary requirements ( i.e., an unexpired passport and, if required, a valid unexpired visa) for individuals seeking admission to the United States as nonimmigrants. Customs and Border Protection, telephone number (202) 344-1691, or by email at End Further Info End Preamble Start Supplemental Information SUPPLEMENTARY INFORMATION: Joseph O'Donnell, Fines, Penalties and Forfeitures, Office of Field Operations, U.S. Start Further Info FOR FURTHER INFORMATION CONTACT: DHS and DOS have acted jointly in this matter. The Department of State (DOS) is issuing a parallel final rule amending a similar DOS regulation published in today's edition of the Federal Register. This rule adopts as final proposed amendments to the Department of Homeland Security's (DHS) regulations describing the procedures for issuance of a discretionary waiver, on the basis of unforeseen emergency in individual cases, of certain documentary requirements for individuals seeking admission to the United States as a nonimmigrant. Provide legal notice to the public or judicial notice to the courts. Rendition of the daily Federal Register on does not Until the ACFR grants it official status, the XML Legal research should verify their results against an official edition of The official SGML-based PDF version on, those relying on it for The material on is accurately displayed, consistent with While every effort has been made to ensure that Regulatory information on with the objective ofĮstablishing the XML-based Federal Register as an ACFR-sanctioned The OFR/GPO partnership is committed to presenting accurate and reliable Register (ACFR) issues a regulation granting it official legal status.įor complete information about, and access to, our official publications Informational resource until the Administrative Committee of the Federal This prototype edition of theĭaily Federal Register on will remain an unofficial Each document posted on the site includes a link to theĬorresponding official PDF file on. The documents posted on this site are XML renditions of published Federal Register, and does not replace the official print version or the official It is not an official legal edition of the Federal This site displays a prototype of a “Web 2.0” version of the dailyįederal Register.
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