[Federal Register: June 23, 2000 (Volume 65, Number 122)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Rules and Regulations
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 100
[INS No. 1949-98]
Jurisdictional Change for the Los Angeles and San Francisco
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
SUMMARY: This final rule amends the Immigration and Naturalization
Service (Service) regulations to transfer asylum office jurisdiction
over the State of Hawaii and the Territory of Guam from the San
Francisco Asylum Office to the Los Angeles Asylum office. The Los
Angeles Asylum office will have jurisdiction over the states of
Arizona, the southern portion of California, Hawaii, the southern
portion of Nevada currently within the jurisdiction of the Las Vegas
Suboffice, and the Territory of Guam. The intent of this regulation is
to reallocate Service resources and improve processing efficiency for
the Los Angeles and San Francisco Asylum Offices given the greater
number of asylum officers stationed in Los Angeles.
DATES: This rule is effective July 24, 2000.
FOR FURTHER INFORMATION CONTACT: Christine Davidson, Supervisory Asylum
Officer, or Marta Rothwarf, Asylum Officer, Office of International
Affairs, Asylum Division, Immigration and Naturalization Service, 425 I
Street, NW (ULLICO Building, Third Floor), Washington, DC 20536;
Telephone (202) 305-2663.
Did the Service Publish a Proposed Rule Transferring Jurisdiction
Between the Los Angeles and San Francisco Asylum Offices?
A proposed rule discussing jurisdictional changes for the Los
Angeles and San Francisco Asylum Offices was published in the Federal
Register on December 8, 1999, at 64 FR 68638 with a 60-day public
comment period. No public comments concerning the jurisdictional
changes for the two asylum offices discussed in the proposed rule were
received. Accordingly, this final rule, changing jurisdiction of the
Los Angeles and San Francisco Asylum Offices, will become effective 30
days from the date of publication in the Federal Register.
Why is Jurisdiction Being Transferred to the Los Angeles Asylum
The regulation at 8 CFR 100.4(f)(8) gives the San Francisco Asylum
Office jurisdiction over asylum applications filed by individuals
residing in the State of Hawaii and the Territory of Guam. Transferring
jurisdiction over the State of Hawaii and the Territory of Guam to the
Los Angeles Asylum Office under 8 CFR 100.4(f)(7) will enable the
Service to better allocate its resources and improve processing
efficiency based on the availability of asylum officers in the Los
Angeles Asylum Office.
How Will This Change Affect Submission of Claims for Those
Applicants Living in Hawaii and the Territory of Guam?
Currently, individuals residing in the State of Hawaii and the
Territory of Guam must submit the Form I-589, Application for Asylum
and Withholding of Removal, to the Nebraska Service Center. After the
jurisdiction change becomes effective, individuals residing in the
State of Hawaii and the Territory of Guam must submit the Form I-589 to
the California Service Center. The Service will notify the public of
this change in submission requirements through an attachment to the
Form I-589 sent out by the Service's Forms Centers in addition to the
publication of this rule in the Federal Register. The Service will
continue to conduct asylum interviews in the State of Hawaii and the
Territory of Guam; however, asylum offices from the Los Angeles Asylum
Office will conduct the interviews rather than officers from the San
Francisco Asylum Office.
What Will Happen to Those Applications Filed With the Nebraska
Service Center After the Change in Jurisdiction Becomes Effective?
After the jurisdiction change becomes effective, the Nebraska
Service Center will continue to accept asylum applications filed by
applicants residing in the State of Hawaii and the Territory of Guam
for 30 days after the effective date of this rule. Pending cases will
be transferred to the Los Angeles Asylum Office for interview
scheduling and interviews. Applications received 31 days after the
effective date of this rule will be rejected due to the tight statutory
and regulatory time constraints governing the adjudication of asylum
applications. Rejected applications will contain a notice explaining
that asylum applications must be resubmitted to the California Service
Center. Rejected applications are not considered filed for work
authorization purposes or for interview scheduling until they are
properly resubmitted to the California Service Center. Members of the
public are encouraged to save all correspondence with the Service,
including any rejection letters received from the Service Centers. This
correspondence may be submitted with asylum applications in the event
that the 1-year filing deadline for asylum applications is at issue.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that this rule
will not have a significant economic impact on a substantial number of
small entities. The factual basis for this determination is that this
rule is administrative in nature and merely transfers jurisdiction for
processing asylum applications. This rule applies to individuals
submitting applications and does not affect small entities as that term
is defined in 5 U.S.C. 601(6).
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments in the aggregate, or by the private sector, of $100
million or more in any 1 year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
List of Subjects in 8 CFR Part 100
Organization and functions (Government agencies).
Accordingly, part 100 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 100--STATEMENT OF ORGANIZATION
1. The authority citation for part 100 continues to read as
Authority: 8 U.S.C. 1103; 8 CFR part 2.
2. In Sec. 100.4, paragraphs (f)(7) and (f)(8) are revised to read
Sec. 100.4 Field offices.
* * * * *
(f) * * *
(7) Los Angeles, California. The Asylum Office in Los Angeles has
jurisdiction over the States of Arizona, the southern portion of
California as listed in Sec. 100.4(b)(16) and Sec. 100.4(b)(39),
Hawaii, the southern portion of Nevada currently within the
jurisdiction of the Las Vegas Suboffice, and the Territory of Guam.
(8) San Francisco, California. The Asylum Office in San Francisco
has jurisdiction over the northern part of California as listed in
Sec. 100.4(b)(13), the portion of Nevada currently under the
jurisdiction of the Reno Suboffice, and the States of Alaska, Oregon,
* * * * *
Dated: June 6, 2000.
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-15925 Filed 6-22-00; 8:45 am]
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