Meetings: funded programs; hearings and comment request,

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Federal Register: February 18, 1999 (Volume 64, Number 32)NoticesPage 8140-8141From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr18fe99-115

LEGAL SERVICES CORPORATION

Public Hearing; Comment Request

AGENCY: Legal Services Corporation.

ACTION: Request for comments and notice of public hearings of Commission authorized by the Legal Services Corporation to study the issue of when aliens must be present in the United States to be eligible for legal assistance from Corporation-funded programs.

SUMMARY: The Legal Services Corporation (``LSC'' or ``Corporation'') has formed and authorized a Commission to hold public hearings and study the meaning of a statutory requirement in the Corporation's appropriations act that an alien be present in the United States in order to be eligible for legal assistance from LSC-funded programs (hereinafter referred to as ``the presence requirement''). This notice provides preliminary information on the public hearings that will be held by the Commission and also requests written comments on the presence requirement. In addition to written comments, requests from interested parties to provide oral testimony at the hearings will be accepted. The public hearings and comments are intended to aid the Commission compile a factual record and prepare findings to be transmitted to the Corporation's Board

[Page 8141]of Directors, along with recommendations, to inform the Corporation's interpretation of the presence requirement and to provide the basis for any remedial action, such as a rulemaking or a request for legislative action by the Congress.

DATES: Comments and requests to provide oral testimony should be received by the Corporation on or before March 22, 1999.

ADDRESSES: Comments and requests should be submitted to the Office of the General Counsel, Legal Services Corporation, 750 First St. NE., 11th Floor, Washington, DC 20002-4250.

FOR FURTHER INFORMATION CONTACT: Suzanne B. Glasow, Office of the General Counsel, 202-336-8817.

SUPPLEMENTARY INFORMATION: The Corporation's appropriations act prohibits LSC-funded recipients from providing legal assistance to an alien unless the alien is present in the United States and falls into certain delineated categories. See Section 504(a)(11) of Pub. L. 104- 134, incorporated by reference in Pub. L. 105-277. Although there is general agreement that present in the United States means to be physically in the United States, it is not clear when an alien must be present. One interpretation of the language would require an alien to be physically present in the United States any time the alien is provided legal assistance from an LSC recipient. Another is that the alien must be physically present only when legal representation is commenced. A third is that the alien must be physically present only when the cause of action for which the recipient provides legal assistance occurs.

Although the presence requirement applies to all categories of aliens listed in the Corporation's appropriations act, the aliens most affected are the seasonal agricultural workers, which would include H- 2A workers, Special Agricultural Workers (SAWS), and permanent resident aliens who perform seasonal agricultural work. For example, H-2A workers, as a rule, are not in the United States long enough for the resolution of many of their legal matters, making effective representation for this class of aliens questionable. Similarly, it is not uncommon for permanent resident aliens who are farm workers to temporarily leave the United States at the end of the agricultural season while their legal matters are still pending.

On November 16, 1998, the Corporation's Board of Directors (``Board'') voted to confer on the Board Chairman the authority to establish a special panel to study the issue and make a report to the Board with recommendations to inform the Corporation's interpretation of the presence requirement. See LSC Board Resolution 98-011. Subsequently, a Commission was established and the Commission held an organizational meeting at the Corporation on February 2, 1999. Members of the Commission are John N. Erlenborn, Chairman (member of the LSC Board); Professor T. Alexander Aleinikoff, Georgetown University Law Center; Gilbert F. Casellas, Esquire, The Swarthmore Group; Professor Sarah H. Cleveland, University of Texas School of Law; Professor Nancy H. Rogers, Ohio State University College of Law (member of the LSC Board). Serving as the reporter for the Commission is Professor Enid Trucios-Haynes, Louis D. Brandeis School of Law, University of Louisville.

Public Comment

The Commission seeks public comment on the facts and circumstances surrounding the representation of aliens who are affected by the presence requirement, with a particular emphasis on seasonal agricultural workers. Comments are specifically requested on the following questions. How long are seasonal agricultural workers typically in the United States? When does the seasonal agricultural worker normally seek legal representation? What are the common claims of seasonal agricultural workers seeking legal representation? When do the claims of seasonal agricultural workers generally ripen? How long does it typically take to resolve a seasonal agricultural worker's legal claims? What is the established practice of LSC recipients in representing seasonal agricultural aliens? What is the likelihood that private counsel is available to represent aliens who are in the United States under temporary visas or who may temporarily leave the United States? Under what circumstances do seasonal agricultural workers commonly leave the United States? What are the implications of the presence requirement on recipient attorneys' professional obligations to their clients?

Oral testimony

Oral testimony at the public hearings will be at the invitation of the Commission. Any person interested in providing oral testimony may submit a written request to do so in the written public comments or in a separate correspondence.

Public Hearings

Two public hearings will be held by the Commission. The two hearings are scheduled for March 27, 1999, and April 10, 1999. Additional information on the hearings will be noticed in the Federal Register.

Dated: February 12, 1999. Victor M. Fortuno, General Counsel.

FR Doc. 99-3981Filed2-17-99; 8:45 amBILLING CODE 7050-01-P

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