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[Federal Register: June 21, 2005 (Volume 70, Number 118)]
[Rules and Regulations]               
[Page 35526-35527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn05-9]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 40

RIN 1400-AC04
[Public Notice 5115]

 
Aliens Inadmissible Under the Immigration and Nationality Act--
Unlawful Voters

AGENCY: Department of State.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

[[Page 35527]]

SUMMARY: This rule amends the Department's regulations concerning visa 
ineligibility for aliens who vote unlawfully. We are amending the 
regulations to comply with the provisions of the Child Citizenship Act 
of 2000.

DATES: The effective date of this regulation is July 21, 2005.
    Comment Date: The Department will accept comments from the public 
up to 60 days from August 22, 2005.

ADDRESSES: You may submit comments, identified by any of the following 
methods:
    E-mail: visaregs@state.gov. You must include the RIN and the words 
``Unlawful Voters Regulation'' in the subject line of your message.
    Mail: Chief, Legislation and Regulations Division, Visa Office, 
U.S. Department of State, 2401 E Street, NW., Washington, DC 20520-
0106.
    Fax: 202-663-3898. You must include the RIN and the words 
``Unlawful Voters Regulation'' in the subject line of your message.
    Persons with access to the internet may also view this notice and 
provide comment by going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm
.


FOR FURTHER INFORMATION CONTACT: Penafrancia D. Salas, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, 202-663-2878 or email to visaregs@state.gov.

SUPPLEMENTARY INFORMATION:

What Is the Authority for This Rule?

    Section 201(b)(1) of Public Law 106-395, the Child Citizenship Act 
of 2000, amended section 212(a)(10) of the Immigration and Nationality 
Act (INA) by adding an exception to the ground of inadmissibility, INA 
212(a)(10)(D), for aliens who voted in violation of U.S. law.

What Is the Exception to the Ground of Inadmissibility?

    Under new INA 212(a)(10)(D), in general, an alien will continue to 
be inadmissible, and therefore ineligible for a visa, if the alien has 
voted in violation of any Federal, State, or local constitutional 
provision, statute, ordinance, or regulation. Nevertheless, pursuant to 
the new exception, the alien shall not be considered to be inadmissible 
under any provision of this subsection based on such violation if each 
natural parent of the alien (or, in the case of an adopted alien, each 
adoptive parent of the alien) is or was a citizen (whether by birth or 
naturalization), the alien permanently resided in the United States 
prior to attaining the age of 16, and the alien reasonably believed at 
the time of such violation that he or she was a citizen.

Regulatory Analysis and Notices

Administrative Procedure Act

    Publication of this regulation as an interim rule is based upon the 
``good cause'' exceptions found 5 U.S.C. 553(b). The amendment to the 
regulation simply implements a legislative mandate without 
interpretation and codifies current practices. Therefore, we determined 
that it is appropriate to publish this rule as an interim rule. 
Nevertheless, we will solicit comments from the public.

Regulatory Flexibility Act/Executive Order 13272: Small Entities

    The Department of State, 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.

Unfunded Mandates 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 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 import markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. In addition, the Department is 
exempt from Executive Order 12866 except to the extent that it is not 
promulgating regulations in conjunction with a domestic agency that are 
significant regulatory actions. The Department has nevertheless 
reviewed the regulation to ensure its consistency with the regulatory 
philosophy and principles set forth in that Executive Order.

Executive Order 13132

    This regulation 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 require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 40

    Aliens, Immigration, Passports and visas.

PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND 
IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

0
1. The authority citation for part 40 shall continue to read:

    Authority: 8 U.S.C. 1104.

0
2. Revise Sec.  40.104 to read as follows:


Sec.  40.104  Unlawful voters.

    (a) Subject to paragraph (b) of this section, an alien is 
ineligible for a visa if the alien has voted in violation of any 
Federal, State, or local constitutional provision, statute, ordinance, 
or regulation.
    (b) Such alien shall not be considered to be ineligible under 
paragraph (a) of this section if each natural parent of the alien (or, 
in the case of an adopted alien, each adoptive parent of the alien) is 
or was a citizen (whether by birth or naturalization), the alien 
permanently resided in the United States prior to attaining the age of 
16, and the alien reasonably believed at the time of such violation 
that he or she was a citizen.

    Dated: June 8, 2005.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 05-12219 Filed 6-20-05; 8:45 am]
BILLING CODE 4710-06-P




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