Implementation of the Northern Mariana Islands U.S. Workforce Act of 2018
| Published date | 30 April 2020 |
| Citation | 85 FR 23902 |
| Record Number | 2020-07616 |
| Section | Rules and Regulations |
| Court | Executive Office For Immigration Review,Justice Department |
Federal Register, Volume 85 Issue 84 (Thursday, April 30, 2020)
[Federal Register Volume 85, Number 84 (Thursday, April 30, 2020)]
[Rules and Regulations]
[Pages 23902-23904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07616]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Parts 1208, 1209, 1212, and 1235
[AG Order No. 4667-2020]
RIN 1125-AA95
Implementation of the Northern Mariana Islands U.S. Workforce Act
of 2018
AGENCY: Executive Office for Immigration Review, DOJ.
ACTION: Final rule.
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SUMMARY: The Department of Justice (``DOJ'' or ``the Department'') is
making technical amendments to its regulations to conform to changes
made by the Northern Mariana Islands U.S. Workforce Act of 2018
(Workforce Act). The Workforce Act, in part, extended the bar for
asylum in the Commonwealth of the Northern Mariana Islands (CNMI) by
fifteen years, providing that the current bar will continue to apply
for asylum applications submitted prior to January 1, 2030. This final
rule makes the necessary conforming date changes in the Department's
regulations.
DATES: This rule is effective June 1, 2020.
[[Page 23903]]
FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director,
Office of Policy, Executive Office for Immigration Review, 5107
Leesburg Pike, Suite 2616, Falls Church, VA 22041, telephone (703) 305-
0289 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
I. Background
The Commonwealth of the Northern Mariana Islands (CNMI)-Only
Transitional Worker (CW-1) program allows employers within the CNMI to
apply for permission to employ nonimmigrant workers who are otherwise
ineligible to work in the CNMI under other nonimmigrant worker
categories. See Commonwealth of the Northern Mariana Islands
Transitional Worker Classification, 76 FR 55502 (Sept. 7, 2011). This
transitional worker program was intended to provide for an orderly
transition for those workers from the CNMI permit system to the U.S.
federal immigration system under the Immigration and Nationality Act
(``INA''), and to mitigate potential harm to the CNMI economy as
employers adjust their hiring practices and as foreign workers obtain
U.S. immigrant or nonimmigrant status.
On July 24, 2018, President Donald J. Trump signed the Northern
Mariana Islands U.S. Workforce Act of 2018 (``the Workforce Act''),
Public Law 115-218, 132 Stat. 1547. The stated purposes of the
Workforce Act are to increase the percentage of United States workers
in the total workforce of the CNMI, while maintaining the minimum
number of non-U.S. workers to meet the demands of the CNMI's economy;
to encourage the hiring of United States workers into the CNMI
workforce; and to ensure that no U.S. worker is at a competitive
disadvantage compared to a non-U.S. worker or is displaced by a non-
U.S. worker. Workforce Act sec. 2.
The Workforce Act made a number of changes to the transitional
provisions of Title VII of the Consolidated Natural Resources Act of
2008 (``CNRA''), Public Law 110-229, 122 Stat. 754, 853-854--which
extended the U.S. immigration laws, with limited exceptions, to the
CNMI--and requires the Secretaries of Homeland Security and Labor to
each promulgate an Interim Final Rule (``IFR'') implementing the
related statutory changes. The Department of Labor (``DOL'') IFR was
published on April 1, 2019, and went into effect on April 4, 2019.\1\
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\1\ 84 FR 12380 (Apr. 1, 2019).
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Most of the other changes implemented under the Workforce Act that
govern immigration policy and procedures will affect Department of
Homeland Security (``DHS'') regulations. The resulting revisions to the
DHS regulations will be addressed in a separate rulemaking. However,
given the authority of the immigration judges and the Board of
Immigration Appeals (``BIA'') to adjudicate asylum claims for aliens
who are placed in proceedings before the immigration judges and the
BIA, the Attorney General is making technical amendments to its
regulations to reflect that the Workforce Act extended the statutory
bar for asylum in the CNMI by fifteen years. Accordingly, this final
rule replaces the current date of ``January 1, 2015'' with the new date
of ``January 1, 2030'' in the applicable sections of the regulations.
II. Legal Authority
The Attorney General's general authority for the regulatory
amendments is found in the Immigration and Nationality Act (INA), 8
U.S.C. 1101 et seq., and the Homeland Security Act of 2002 (HSA),
Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et seq. The Attorney
General's specific authority for issuing this rule is found in section
103(g) of the INA, 8 U.S.C. 1103(g), which authorizes the Attorney
General to administer and enforce the immigration and nationality laws,
as well as section 1101 of the HSA, 6 U.S.C. 521.
III. Technical Amendments
The Attorney General is making technical amendments to regulations
of the Executive Office for Immigration Review (``EOIR'') to reflect
that Congress has extended the statutory bar for asylum in the CNMI by
fifteen years. See Workforce Act at sec. 3(a); 48 U.S.C. 1806(a)(2).
These technical amendments (i.e., a change of date) are being made in
the following provisions of the EOIR regulations: 8 CFR 1208.1(a)(2),
1208.2(c)(1)(iii), (iv), (vii), (viii), 1208.4(a)(2)(ii), 1208.5(a),
(b)(1)(iii), 1208.30(a), 1209.2(a)(3), 1212.1(q)(8)(i)(A), (ii)(A), and
1235.6(a)(1)(ii), (iii). These are the only changes being made in the
EOIR regulations.
IV. Statutory and Regulatory Requirements
A. Executive Orders 12866, 13563, and 13771
This rule has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review,'' section
1(b), The Principles of Regulation; Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' section 1(b), General Principles of
Regulation; and Executive Order 13771, ``Reducing Regulation and
Controlling Regulatory Costs.'' The rule merely revises regulations to
conform to a new date set by the Workforce Act. The Office of
Information and Regulatory Affairs, of the Office of Management and
Budget, has determined that this final rule is not a ``significant
regulatory action'' as defined in Executive Order 12866, section 3(f).
Accordingly, this final rule has not been reviewed by the Office of
Management and Budget.
Finally, because this rule is not a significant regulatory action,
it is not subject to the requirements of Executive Order 13771. There
are no costs associated with this regulation. Because there are no
costs associated with this final rule, there are no monetized benefits.
B. Executive Order 13132
This final rule will not have substantial direct effects on the
States, on the relationship between the Federal 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, ``Federalism,'' the Attorney General has
determined that this regulation does not have sufficient federalism
implications to warrant the preparation of a federalism summary impact
statement.
C. Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988, ``Civil Justice
Reform.''
D. Administrative Procedure Act
Under the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B), an
agency may, for good cause, find that the usual requirements of prior
notice and comment are impracticable, unnecessary, or contrary to the
public interest. The rule merely makes technical amendments to the EOIR
regulations to reflect that Congress has extended the statutory bar for
asylum in the CNMI by fifteen years. Because the Department must follow
the mandate of Congress and has no discretion in the matter, the
Department has determined that publishing a notice of proposed
rulemaking and providing opportunity for public comment is unnecessary.
E. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 603,
604, and
[[Page 23904]]
605(b), a Regulatory Flexibility Analysis is not required for this
final rule because the Department was not required to publish a general
notice of proposed rulemaking for this regulatory amendment.
F. 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 one 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, 2 U.S.C. 1531-1535.
G. Paperwork Reduction Act of 1995
This final rule does not impose any new reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3521.
H. Congressional Review Act of 1996
This rule is not a major rule as defined by the Congressional
Review Act of 1996, 5 U.S.C. 804.
List of Subjects
8 CFR Part 1208
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 1209
Aliens, Immigration, Refugees.
8 CFR Part 1212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
8 CFR Part 1235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
Accordingly, the Attorney General amends 8 CFR parts 1208, 1209,
1212, and 1235 as follows:
PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
0
1. The authority citation for part 1208 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title
VII of Pub. L. 110-229; Pub. L. 115-218.
Sec. Sec. 1208.1, 1208.2, 1208.4, 1208.5, and 1208.30 [Amended]
0
2. In part 1208, remove the date ``January 1, 2015'' and add in its
place the date ``January 1, 2030'' in the following places:
0
a. Section 1208.1(a)(2) (two occurrences);
0
b. Section 1208.2(c)(1)(iii), (iv), (vii), and (viii);
0
c. Section 1208.4(a)(2)(ii) (two occurrences);
0
d. Section 1208.5(a) and (b)(1)(iii);
0
e. Section 1208.30(a).
PART 1209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED
ASYLUM
0
3. The authority citation for part 1209 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252,
1282; Title VII of Pub. L. 110-229; Pub. L. 115-218.
Sec. 1209.2 [Amended]
0
4. In Sec. 1209.2, remove the date ``January 1, 2015'' and add in its
place the date ``January 1, 2030'' in paragraph (a)(3).
PART 1212--DOCUMENTARY REQUIREMENTS; NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
5. The authority citation for part 1212 is revised to read as follows:
Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note,
1184, 1187, 1223, 1225, 1226, 1227, 1255; 8 U.S.C. 1185 note
(section 7209 of Pub. L. 108-458); Title VII of Pub. L. 110-229;
Pub. L. 115-218.
Sec. 1212.1 [Amended]
0
6. In Sec. 1212.1, remove the date ``January 1, 2015'' and add in its
place the date ``January 1, 2030'' wherever it appears in paragraphs
(q)(8)(i)(A) and (q)(8)(ii)(A).
PART 1235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
0
7. The authority citation for part 1235 is revised to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant
to E.O. 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1201, 1224,
1225, 1226, 1228, 1365a note, 1379, 1731-32; Title VII of Pub. L.
110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458);
Public Law 115-218.
Sec. 1235.6 [Amended]
0
8. In Sec. 1235.6, remove the date ``January 1, 2015'' and add in its
place the date ``January 1, 2030'' in paragraphs (a)(1)(ii) and (iii).
Dated: March 17, 2020.
William P. Barr,
Attorney General.
[FR Doc. 2020-07616 Filed 4-29-20; 8:45 am]
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