Special Immigrant Juvenile Petitions
| Published date | 16 October 2019 |
| Citation | 84 FR 55250 |
| Record Number | 2019-22570 |
| Section | Proposed rules |
| Court | U.s. Citizenship And Immigration Services |
Federal Register, Volume 84 Issue 200 (Wednesday, October 16, 2019)
[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Proposed Rules]
[Pages 55250-55251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22570]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 200 / Wednesday, October 16, 2019 /
Proposed Rules
[[Page 55250]]
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Parts 204, 205, and 245
[CIS No. 2474-09; DHS Docket No USCIS-2009-0004]
RIN 1615-AB81
Special Immigrant Juvenile Petitions
AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.
ACTION: Proposed rule; reopening of the comment period.
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SUMMARY: The Department of Homeland Security (DHS) announces the
reopening of the public comment period for the proposed rule titled,
Special Immigrant Juvenile Petitions, 76 FR 54978. DHS published the
proposed rule on September 6, 2011, and accepted comments until
November 7, 2011. To provide the public with further opportunity to
comment on the proposed rule, DHS will reopen the comment period for an
additional 30 days. DHS will consider comments received during the
entire public comment period in its development of a final rule.
DATES: The comment period for the proposed rule published on September
6, 2011 (76 FR 23534) is reopened. You must submit written comments and
related material on or before November 15, 2019.
ADDRESSES: You may submit comments on the entirety of this proposed
rule package, to include the proposed information collection
requirements, which is identified as DHS Docket No. USCIS-2009-0004, by
any one of the following methods:
Federal eRulemaking Portal (preferred): http://www.regulations.gov. Follow the website instructions for submitting
comments.
Mail: Samantha Deshommes, Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW, Washington, DC 20529-2140. To ensure proper handling, please
reference DHS Docket No. USCIS-2009-0004 in your correspondence. Mail
must be postmarked by the comment submission deadline. Please note that
we will not accept any comments that are hand delivered or couriered.
In addition, we will not accept any comments that are on removable
media (e.g., thumb drives, CDs, etc.). All comments that are mailed
must be addressed as specifically written above.
FOR FURTHER INFORMATION CONTACT: Maureen Dunn, Chief, Division of
Humanitarian Affairs, Office of Policy & Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
NW, Washington, DC 20529-2140; telephone number 202-272-8377 (This is
not a toll-free number. Comments are not accepted via telephone
message).
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
rule. DHS also invites comments that relate to the economic or
federalism effects that might result from this rule. Comments that will
provide the most assistance to DHS will reference a specific portion of
the rule, explain the reason for any recommended change, and include
data, information, or authority that support such recommended change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-2009-0004. Providing comments is entirely
voluntary. Regardless of how comments are submitted to DHS, all
submissions will be posted, without change, to the Federal eRulemaking
Portal at http://www.regulations.gov and will include any personal
information provided by commenters. Because the information submitted
will be publicly available, commenters should consider limiting the
amount of personal information provided in each submission. DHS may
withhold information provided in comments from public viewing if it
determines that such information is offensive or may affect the privacy
of an individual. For additional information, please read the Privacy
Act notice available through the link in the footer of http://www.regulations.gov.
Docket: For access to the docket, go to http://www.regulations.gov
and enter this rulemaking's eDocket number: USCIS-2009-0004.
II. Background
On September 6, 2011, DHS published a Notice of Proposed Rulemaking
(NPRM) in the Federal Register at 76 FR 54978 and received 58 public
comments. USCIS proposed to amend its regulations governing the Special
Immigrant Juvenile (SIJ) classification, see Immigration and
Nationality Act (INA) sec. 101(a)(27)(J), 8 U.S.C. 1101(a)(27)(J), and
related applications for adjustment of status to that of a lawful
permanent resident, see INA sec. 245(h), 8 U.S.C. 1255(h). See also 8
U.S.C. 1232(d)(2). Specifically, the NPRM sought to revise DHS
regulations at 8 CFR 204.11, 205.1, and 245.1 to:
Implement statutorily mandated changes by revising the
existing eligibility requirements under the following statutes:
[cir] Immigration and Nationality Technical Corrections Act of
1994, Public Law 103-416, 108 Stat. 4319 (Jan. 25, 1994);
[cir] Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998 (CJS 1998 Appropriations
Act), Public Law 105-119, 111 Stat. 2440 (Nov. 26, 1997);
[cir] Violence Against Women and Department of Justice
Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162, 119 Stat.
2960 (Jan. 5, 2006);
[cir] William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (TVPRA 2008), Public Law 110-457, 122 Stat.
5044 (Dec. 23, 2008).
Clarify the use of the term ``dependency'' as used in
section 101(a)(27)(J)(i) of the INA, 8 U.S.C. 1101(a)(27)(J)(i),
including that such dependency, commitment, or custody must be in
effect when a Petition for Amerasian, Widow(er), or Special Immigrant
(Form I-360) is filed and must continue through the time of
adjudication, unless the age of the petitioner prevents such
continuation.
Clarify that the viability of parental reunification with
one or both of the child's parents due to abuse, neglect, or
abandonment, or similar basis under
[[Page 55251]]
state law must be determined by the juvenile court based on applicable
state law.
Clarify that DHS consent to the grant of SIJ
classification is only warranted when the petitioner demonstrates that
the state court order was sought primarily for the purpose of obtaining
relief from abuse, neglect, abandonment or some similar basis under
state law and not primarily for the purpose of obtaining lawful
immigration status; and that the evidence otherwise demonstrates that
there is a bona fide basis for granting SIJ classification.
Clarify that USCIS may seek or consider additional
evidence if the evidence presented is not sufficient to establish a
reasonable basis for DHS consent.
Remove automatic revocation under 8 CFR 205.1(a)(3)(iv)(A)
and (C) to the extent that they pertain to a juvenile's age and are
inconsistent with age-out protections under TVPRA 2008.
Implement statutory revisions exempting SIJ adjustment-of-
status applicants from four additional grounds of inadmissibility and
clarify grounds of inadmissibility that cannot be waived.
Improve the application process by clearly listing
required initial evidence that must accompany Form I-360 and amend what
constitutes supporting documentation; and
Make technical and procedural changes; and conform
terminology.
DHS is reopening the comment period to refresh this proposed rule
and allow interested persons to provide up-to-date comments in
recognition of the time that has lapsed since the initial publication
of the proposed rule. Both the public and the Government will benefit
from clarifications regarding eligibility and procedures for the SIJ
classification. Due to the lapse in time since the NPRM was issued, DHS
seeks to reengage the public and allow further input on the proposed
changes.
Kevin K. McAleenan,
Acting Secretary.
[FR Doc. 2019-22570 Filed 10-15-19; 8:45 am]
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