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18 Refugee Reports 1 (1997)

handle is hein.immigration/refgrpt0018 and id is 1 raw text is: 




Refugee Reports


                A News Service of the U.S. Committee for Refugees
1717 Massachusetts Avenue NW, Suite 701 Washington, DC 20036 (202) 347-3507


Volume XVIII, Number I


January 31, 1997


INS AND EOIR PROPOSE REGULATIONS Td
IMPLEMENT NEW LAW ON ASYLUM, SUMMARY
REMOVAL, AND MORE

On January 3, the Immigration and NaturalizatioNSUL
vice (INS) and the Executive Office of Immigratiorl (
(EOIR) published a proposed regulation in the Federal
Register to implement key provisions of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996
(IIRIRA) and the Anti-Terrorism and Effective Death Pen-
alty Act of 1996 (AEDPA), including rules relating to the
asylum procedure and to expedited removal for improp-
erly documented aliens.
      The proposed rule has a 30-day comment period,
ending February 3, 1997. The comment period is short
because most provisions of the new law come into effect
on April 1.
      The INS and EOIR (hereafter, the agencies) com-
plained in the Federal Register notice that Congress gave
them an extremely short time frame for completing the
regulatory process for a rule of this magnitude,'.:ajd  6
that the five-month period between the passaeof [thp-i,
legislation and its effective date means that tere isAAt
adequate time for the usual rulemaking model of 60 days
public notice.
      The agencies said that to compensate for the 30-
day comment period they would allow a 120-day com-
ment period between the time the regulation becomes an
interim rule (the beginning of March) and when it be-
comes a final rule.
      In addition to establishing new procedures for both
expedited and regular removal proceedings and the han-
dling of asylum claims, the proposed regulations also
address other activities involving the apprehension, de-
tention, hearing of claims, and removal of inadmissible
and deportable aliens.
      Among the dramatic changes in U.S. immigration
law that the proposed rule had to reflect is a change that
consolidates exclusion and deportation into a single
removal proceeding. What, until now, has been known as
exclusion will now be known as inadmissibility.


IN THIS ISSUE:

abe INS and EOIR have proposed
N regulation to implement ele-
ments of two new laws affecting
asylum seekers. Co-editor Bill
Frelick reports ......................... 1

* Recent Developments

Impact of new forced abortion/
sterilization law on asylum
seekers ................................ 6

Women in INS detention ......... 8

Chronology of 1996 U.S.
refugee and asylum programs
and policies ...................... 12

.    Updates ................ 10

*    Reader Exchange ... 14

*    Resources .............. 14

*    Conferences ........... 15

*   Job Board ............ 15

*    Statistics

Groups eligible for Temporary
Protected Status ............... 16

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