Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 34776-34777 [E8-13652]

Download as PDF 34776 Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices DEPARTMENT OF HOMELAND SECURITY Office of the Secretary DEPARTMENT OF STATE Office of the Secretary Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS; Office of the Secretary, DOS. ACTION: Notice of determination. AGENCY: This determination is effective June 3, 2008. DATES: rwilkins on PROD1PC63 with NOTICES Authority: 8 U.S.C. 1182(d)(3)(B)(i). The Secretary of Homeland Security and the Secretary of State, following consultations with the Attorney General, hereby conclude, as a matter of discretion in accordance with our respective authorities under section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated Appropriations Act, 2008 (CAA), Public Law 110–161, Div. J, section 691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the foreign policy and national security interests deemed relevant in these consultations, that section 212(a)(3)(B) of the INA, excluding subclause (i)(II), shall not apply with respect to an alien not otherwise covered by the automatic relief provisions of section 691(b) of the CAA, for any activity or association relating to the Mustangs, provided that there is no reason to believe that the relevant terrorist activities of the alien or the recipients were targeted against noncombatant persons, and further provided that the alien satisfies the relevant agency authority that the alien: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) Has undergone and passed relevant background and security checks; (c) Has fully disclosed, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of each activity or association falling within the scope of section 212(a)(3)(B) of the INA; (d) Poses no danger to the safety and security of the United States; and (e) Is warranted to be exempted from the relevant inadmissibility provision by the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in VerDate Aug<31>2005 18:01 Jun 17, 2008 Jkt 214001 consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets the criteria set forth above. This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above shall apply to any subsequent benefit or protection application, unless such exercise of authority has been revoked. This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority (or any other person). This exercise of authority is not intended to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the Department of Homeland Security or by the Department of State, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year. This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the particular persons described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Dated: June 3, 2008. Michael Chertoff. Secretary of Homeland Security. Condoleezza Rice, Secretary of State. [FR Doc. E8–13642 Filed 6–17–08; 8:45 am] BILLING CODE 9111–97–P PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 DEPARTMENT OF HOMELAND SECURITY Office of the Secretary DEPARTMENT OF STATE Office of the Secretary Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS; Office of the Secretary, DOS. ACTION: Notice of determination. AGENCY: This determination is effective June 3, 2008. DATES: Authority: 8 U.S.C. 1182(d)(3)(B)(i). The Secretary of Homeland Security and the Secretary of State, following consultations with the Attorney General, hereby conclude, as a matter of discretion in accordance with our respective authorities under section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated Appropriations Act, 2008 (CAA), Public Law 110–161, Div. J, section 691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the foreign policy and national security interests deemed relevant in these consultations, that section 212(a)(3)(B) of the INA, excluding subclause (i)(II), shall not apply with respect to an alien not otherwise covered by the automatic relief provisions of section 691(b) of the CAA, for any activity or association relating to appropriate groups affiliated with the Hmong, provided that there is no reason to believe that the relevant terrorist activities of the alien or the recipients were targeted against noncombatant persons, and further provided that the alien satisfies the relevant agency authority that the alien: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) Has undergone and passed relevant background and security checks; (c) Has fully disclosed, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of each activity or association falling within the scope of section 212(a)(3)(B) of the INA; (d) Poses no danger to the safety and security of the United States; and (e) Is warranted to be exempted from the relevant inadmissibility provision by the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Notices Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets the criteria set forth above. This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above shall apply to any subsequent benefit or protection application, unless such exercise of authority has been revoked. This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority (or any other person). This exercise of authority is not intended to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the Department of Homeland Security or by the Department of State, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year. This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the particular persons described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Dated: June 3, 2008. Michael Chertoff, Secretary of Homeland Security. Condoleezza Rice, Secretary of State. [FR Doc. E8–13652 Filed 6–17–08; 8:45 am] rwilkins on PROD1PC63 with NOTICES BILLING CODE 9111–97–P VerDate Aug<31>2005 18:01 Jun 17, 2008 Jkt 214001 DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG–2008–0170] Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625– 0004 Coast Guard, DHS. Thirty-day notice requesting comments. AGENCY: ACTION: SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this request for comments announces that the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) requesting an extension of their approval for the following collection of information: 1625–0004, United States Coast Guard Academy Application and Supplemental Forms. Our ICR describes the information we seek to collect from the public. Review and comments by OIRA ensure we only impose paperwork burdens commensurate with our performance of duties. DATES: Please submit comments on or before July 18, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number [USCG–2008–0170] to the Docket Management Facility (DMF) at the U.S. Department of Transportation (DOT) or to OIRA. To avoid duplication, please submit your comments by only one of the following means: (1) Electronic submission. (a) To Coast Guard docket at https:// www.regulation.gov. (b) To OIRA by email to: oira_submission@omb.eop.gov. (2) Mail or Hand delivery. (a) DMF (M–30), DOT, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. Hand deliver between the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. (b) To OIRA, 725 17th Street, NW., Washington, DC 20503, to the attention of the Desk Officer for the Coast Guard. (3) Fax. (a) To DMF, 202–493–2251. (b) To OIRA at 202–395–6566. To ensure your comments are received in time, mark the fax to the attention of the Desk Officer for the Coast Guard. The DMF maintains the public docket for this notice. Comments and material received from the public, as well as documents mentioned in this notice as PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 34777 being available in the docket, will become part of this docket and will be available for inspection or copying at room W12–140 on the West Building Ground Floor, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at https://www.regulations.gov. A copy of the complete ICR is available through this docket on the Internet at https://www.regulations.gov. Additionally, copies are available from Commandant (CG–611), U.S. Coast Guard Headquarters, (Attn: Mr. Arthur Requina), 2100 2nd Street SW, Washington, DC 20593–0001. The telephone number is 202–475–3523. FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of Information Management, telephone 202–475–3523 or fax 202–475–3929, for questions on these documents. Contact Ms. Renee V. Wright, Program Manager, Docket Operations, 202–366–9826, for questions on the docket. SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether this information collection request should be granted based on it being necessary for the proper performance of Departmental functions. In particular, the Coast Guard would appreciate comments addressing: (1) The practical utility of the collections; (2) the accuracy of the estimated burden of the collections; (3) ways to enhance the quality, utility, and clarity of information subject to the collections; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to Coast Guard or OIRA must contain the OMB Control Number of the ICR. Comments to Coast Guard must contain the docket number of this request, [USCG 2008–0170]. For your comments to OIRA to be considered, it is best if they are received on or before the July 18, 2008. Public participation and request for comments: We encourage you to respond to this request by submitting comments and related materials. We will post all comments received, without change, to https:// www.regulations.gov. They will include any personal information you provide. We have an agreement with DOT to use their DMF. Please see the paragraph on DOT’s ‘‘Privacy Act Policy’’ below. Submitting comments: If you submit a comment, please include the docket number [USCG–2008–0170], indicate the specific section of the document to E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34776-34777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13652]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

DEPARTMENT OF STATE

Office of the Secretary


Exercise of Authority Under Section 212(d)(3)(B)(i) of the 
Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.

ACTION: Notice of determination.

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

DATES: This determination is effective June 3, 2008.

    Authority: 8 U.S.C. 1182(d)(3)(B)(i).

    The Secretary of Homeland Security and the Secretary of State, 
following consultations with the Attorney General, hereby conclude, as 
a matter of discretion in accordance with our respective authorities 
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act 
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated 
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section 
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the 
foreign policy and national security interests deemed relevant in these 
consultations, that section 212(a)(3)(B) of the INA, excluding 
subclause (i)(II), shall not apply with respect to an alien not 
otherwise covered by the automatic relief provisions of section 691(b) 
of the CAA, for any activity or association relating to appropriate 
groups affiliated with the Hmong, provided that there is no reason to 
believe that the relevant terrorist activities of the alien or the 
recipients were targeted against noncombatant persons, and further 
provided that the alien satisfies the relevant agency authority that 
the alien:
    (a) Is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (b) Has undergone and passed relevant background and security 
checks;
    (c) Has fully disclosed, in all relevant applications and 
interviews with U.S. government representatives and agents, the nature 
and circumstances of each activity or association falling within the 
scope of section 212(a)(3)(B) of the INA;
    (d) Poses no danger to the safety and security of the United 
States; and
    (e) Is warranted to be exempted from the relevant inadmissibility 
provision by the totality of the circumstances.
    Implementation of this determination will be made by U.S. 
Citizenship and

[[Page 34777]]

Immigration Services (USCIS), in consultation with U.S. Immigration and 
Customs Enforcement (ICE), or by U.S. consular officers, as applicable, 
who shall ascertain, to their satisfaction, and in their discretion, 
that the particular applicant meets the criteria set forth above.
    This exercise of authority may be revoked as a matter of discretion 
and without notice at any time with respect to any and all persons 
subject to it. Any determination made under this exercise of authority 
as set out above shall apply to any subsequent benefit or protection 
application, unless such exercise of authority has been revoked.
    This exercise of authority shall not be construed to prejudice, in 
any way, the ability of the U.S. government to commence subsequent 
criminal or civil proceedings in accordance with U.S. law involving any 
beneficiary of this exercise of authority (or any other person). This 
exercise of authority is not intended to create any substantive or 
procedural right or benefit that is legally enforceable by any party 
against the United States or its agencies or officers or any other 
person.
    In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of 
authority is applied, on the basis of case-by-case decisions by the 
Department of Homeland Security or by the Department of State, shall be 
provided to the specified congressional committees not later than 90 
days after the end of the fiscal year.
    This determination is based on an assessment related to the 
national security and foreign policy interests of the United States as 
they apply to the particular persons described herein and shall not 
have any application with respect to other persons or to other 
provisions of U.S. law.

    Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13652 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P

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