Restrictions on Legal Assistance to Aliens, 13017-13022 [2014-05008]
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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules
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4. Amend § 82.12 by revising
paragraph (a) and removing paragraph
(e) to read as follows:
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§ 82.12 Transfers of allowances for class I
controlled substances.
(a) Inter-company transfers. (1) Until
January 1, 1996, for all class I controlled
substances, except for Group VI, and
until January 1, 2005, for Group VI, any
person (‘‘transferor’’) may transfer to
any other person (‘‘transferee’’) any
amount of the transferor’s consumption
allowances or production allowances,
and effective January 1, 1995, for all
class I controlled substances any person
(‘‘transferor’’) may transfer to any other
person (‘‘transferee’’) any amount of the
transferor’s Article 5 allowances. After
January 1, 2002, any essential-use
allowance holder (including those
persons that hold essential-use
allowances issued by a Party other than
the United States) (‘‘transferor’’) may
transfer essential-use allowances for
CFCs to a metered dose inhaler
company solely for the manufacture of
essential MDIs. After January 1, 2005,
any critical use allowance holder
(‘‘transferor’’) may transfer critical use
allowances to any other person
(‘‘transferee’’).
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■ 5. Amend § 82.13 by:
■ a. Revising paragraphs (f)(3)(iv) and
(g)(4)(vii); and
■ b. Removing and reserving paragraphs
(bb)(2)(iv) and (cc)(2)(iv)
The revised text reads as follows.
§ 82.13 Recordkeeping and reporting
requirements for class I controlled
substances.
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(f) * * *
(3) * * *
(iv) The producer’s total of expended
and unexpended production
allowances, consumption allowances,
13017
Article 5 allowances, critical use
allowances (pre-plant), critical use
allowances (post-harvest), and amount
of essential-use allowances and
destruction and transformation credits
conferred at the end of that quarter;
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(g) * * *
(4) * * *
(vii) The importer’s total sum of
expended and unexpended
consumption allowances by chemical as
of the end of that quarter and the total
sum of expended and unexpended
critical use allowances (pre-plant) and
unexpended critical use allowances
(post-harvest);
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■ 6. Amend Subpart A by revising
Appendix L to read as follows:
Appendix L to Subpart A of Part 82—
Approved Critical Uses and Limiting
Critical Conditions for Those Uses for
the 2014 and 2015 Control Periods
Column A
Column B
Column C
Approved critical
uses
Approved critical user, location of use, and control period
Limiting critical conditions that exist, or that the approved
critical user reasonably expects could arise without methyl
bromide fumigation:
PRE-PLANT USES
Strawberry Fruit ........
California growers. Control periods 2014 and 2015 .............
Moderate to severe black root rot or crown rot.
Moderate to severe yellow or purple nutsedge infestation.
Moderate to severe nematode infestation.
Local township limits prohibiting 1,3-dichloropropene.
POST-HARVEST USES
Food Processing ......
(a) Rice millers in the U.S. who are members of the USA
Rice Millers Association. Control period 2014.
(b) Pet food manufacturing facilities in the U.S. who are
members of the Pet Food Institute. Control period 2014.
(c) Members of the North American Millers’ Association in
the U.S. Control period 2014.
Commodities ............
Dry Cured Pork
Products.
California entities storing walnuts, dried plums, figs, raisins,
and dates (in Riverside county only) in California. Control
period 2014.
Members of the National Country Ham Association and the
Association of Meat Processors, Nahunta Pork Center
(North Carolina), and Gwaltney and Smithfield Inc. Control periods 2014 and 2015.
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ACTION:
BILLING CODE 6560–50–P
SUMMARY:
45 CFR Part 1626
Restrictions on Legal Assistance to
Aliens
AGENCY:
Legal Services Corporation.
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Red legged ham beetle infestation.
Cheese/ham skipper infestation.
Dermested beetle infestation.
Ham mite infestation.
Proposed program letter.
[FR Doc. 2014–04882 Filed 3–6–14; 8:45 am]
LEGAL SERVICES CORPORATION
Moderate to severe beetle, weevil, or moth infestation.
Presence of sensitive electronic equipment subject to corrosion.
Moderate to severe beetle, moth, or cockroach infestation.
Presence of sensitive electronic equipment subject to corrosion.
Moderate to severe beetle infestation.
Presence of sensitive electronic equipment subject to corrosion.
Rapid fumigation required to meet a critical market window,
such as during the holiday season.
This proposed program letter
serves as a companion to 45 CFR part
1626. The proposed program letter
should have been published in the
Federal Register with the further notice
of proposed rulemaking (FNPRM) on
February 5, 2014, 79 FR 6859. LSC seeks
comments on the proposed program
letter. Additional information on the
request for comments is located in the
SUPPLEMENTARY INFORMATION section.
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Comments on the proposed
program letter are due April 7, 2014.
DATES:
Written comments must be
submitted to Stefanie K. Davis, Assistant
General Counsel, Legal Services
Corporation, 3333 K Street NW.,
Washington, DC 20007; (202) 337–6519
(fax) or 1626rulemaking@lsc.gov.
Electronic submissions are preferred via
email with attachments in Acrobat PDF
format. Written comments sent to any
other address or received after the end
ADDRESSES:
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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules
of the comment period may not be
considered by LSC.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Assistant General
Counsel, Legal Services Corporation,
3333 K Street NW., Washington, DC
20007, (202) 295–1563 (phone), (202)
337–6519 (fax), 1626rulemaking@lsc.gov
SUPPLEMENTARY INFORMATION: In 2003,
LSC added a list of documents
establishing the eligibility of aliens for
legal assistance from LSC funding
recipients as an appendix to part 1626.
68 FR 55540, Sept. 26, 2003. The
appendix has not changed since 2003,
although immigration documents and
forms have changed and Congress has
authorized LSC recipients to provide
legal assistance to new categories of
eligible aliens. LSC believes that the
frequently changing nature of
immigration documents and forms
requires a more flexible and responsive
means of informing recipients of the
changes than the informal rulemaking
process provides. Consequently, in a
notice of proposed rulemaking
published on August 21, 2013, LSC
announced its intention to remove the
appendix to part 1626 and publish the
information contained in the appendix
as a program letter. 78 FR 51696, Aug.
21, 2013. Because the initial revision of
the appendix and reclassification as a
program letter is a change to the
regulation, it is being done pursuant to
the LSC rulemaking protocol. As such,
LSC is publishing the program letter in
the Federal Register for public
comment.
LSC published a FNPRM on February
5, 2014 proposing requesting comment
on additional revisions to part 1626. 79
FR 6859, Feb. 5, 2014. The proposed
program letter was intended to
accompany the FNPRM. The comment
period for this program letter will
remain open for thirty days from the
date of publication of the letter in the
Federal Register. Because this
document does not affect the substance
of the FNPRM, the deadline for
comments on the FNPRM will remain
March 7, 2014.
Draft Program Letter [#]
TO: All LSC Program Directors
FROM: James J. Sandman, President
DATE: [
], 2014
SUBJECT: Alien Eligibility under LSC
Regulation Part 1626
LSC published a final rule revising 45
C.F.R. Part 1626, ‘‘Restrictions on Legal
Assistance to Aliens,’’ on [DATE].
Revised Part 1626 was published
without the Appendix. The information
contained in the Appendix will be
published instead as a Program Letter
and an accompanying chart describing
the categories of aliens eligible for legal
assistance from LSC recipients and
containing a non-exhaustive list of
examples of acceptable documentation
showing eligibility under Part 1626.
These documents should be read
together with Part 1626 in making
eligibility determinations.
Documentation
The documents identified as
acceptable to establish eligibility fall
into one of two categories: 1) documents
regarding the immigration status of an
alien; or 2) documents providing
evidence that the alien has experienced
qualifying abuse or otherwise meets the
requirements of 45 C.F.R. § 1626.4
regarding the Violence Against Women
Act (VAWA) and other anti-abuse
statutes.
Special Considerations
Victims of trafficking are covered by
different provisions of 45 C.F.R.
§ 1626.4 depending on the nature of the
trafficking activity. Recipients should
determine whether an alien is a victim
of trafficking under VAWA or section
101(a)(15)(U) of the Immigration and
Nationality Act, or a victim of severe
forms of trafficking under the
Trafficking Victims Protection Act, 22
U.S.C. § 7101 et seq. The facts of an
alien’s situation may indicate that the
alien is eligible for assistance under one
or more of these statutes.
Eligibility for assistance based on
qualifying for a U-visa or being a victim
of severe forms of trafficking requires
consideration of other statutory factors
in addition to the qualifying crime. See
8 U.S.C. § 1101(a)(15)(U); 22 U.S.C.
§ 7105(b)(1)(C). Recipients must
document that an alien meets all
relevant statutory factors.
Additional Resources
If you have any questions or concerns
regarding this Program Letter or for
further guidance, please contact LSC
General Counsel Ronald S. Flagg.
Additional information regarding the
documentation contained in the chart
can be found at the U.S. Customs and
Immigration Service Web site (https://
www.uscis.gov) and at the AntiTrafficking in Persons Division of the
Office of Refugee Resettlement within
the Department of Health and Human
Services Web site (https://
www.acf.hhs.gov/programs/orr/
programs/anti-trafficking).
ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS
Statutory authorization
Regulatory authorization
of eligibility in 45 CFR part
1626
8 U.S.C. 1101(a)(20) ................
§ 1626.5(a) .......................
Alien category
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Lawful Permanent Resident.
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Verification documents
(1) Alien Registration Receipt Card: Form I–551 or
Form I–151; or
(2) Memorandum of Creation of Record of Lawful
Permanent. Residence: Form I–181 with approval
stamp; or
(3) Passport bearing immigrant visa or stamp indicating admission for lawful permanent residence;
or
(4) Order granting residency or adjustment of status;
or
(5) Permit to Reenter the United States: Form I–327;
or
(6) Arrival/Departure Record: CBP Form I–94 with
stamp indicating admission for lawful permanent
residence; or
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13019
ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued
Alien category
Statutory authorization
Regulatory authorization
of eligibility in 45 CFR part
1626
8 U.S.C. §§ 1158(b)(3), 1255,
1255a, 1259.
§ 1626.5(b) .......................
Asylee ...............................
8 U.S.C. § 1158 ........................
§ 1626.5(c) .......................
Refugee ............................
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Spouse of a U.S. citizen,
or a parent of a U.S. citizen, or an unmarried
child under 21 of U.S.
citizen; and who has
filed an application for
adjustment of status to
lawful permanent resident.
8 U.S.C. § 1157 ........................
§ 1626.5(c) .......................
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Verification documents
(7) Any verification of lawful permanent residence in
the U.S. to include any one of the following: authoritative document from the United States Immigration and Naturalization Service (INS);1 or the
Department of Homeland Security (DHS), including online or email verification.
(1) Proof of filing of a qualifying application for adjustment of status to permanent residency, which
may include one or more of the following: a fee receipt or an online or email printout showing that
the application was filed with the INS prior to
2003, U.S. Citizenship and Immigration Service
(USCIS), the Department of Homeland Security
(DHS), or the immigration court; or a filing stamp
showing that the application was filed; or a grant
of a fee waiver for such application, a biometrics
appointment notice indicating such pending application, a printout from the USCIS online service,
or a copy of the application accompanied by a notarized statement signed by the alien that such
form was filed; and
(2) Proof of relationship to U.S. citizen, which may
include one or more of the following: a copy of the
person’s marriage certificate accompanied by
proof of the spouse’s U.S. citizenship; or a copy of
the birth certificate, baptismal certificate, adoption
decree, or other document demonstrating the individual is under the age of 21, accompanied by
proof that the individual’s parent is a U.S. citizen;
or a copy of Petition for Alien Relative: Form I–
130, or Petition for American, Widow(er) or Special Immigrant: Form I–360 containing information
demonstrating the individual is related to such
U.S. citizen, accompanied by proof of filing.
(1) Arrival/Departure Record: Form I–94 or passport
stamped ‘‘asylee’’ or ‘‘§ 208’’; or
(2) Order granting asylum from INS 2, DHS, immigration judge, the Board of Immigration Appeals
(BIA), or federal court; or
(3) Refugee Travel Document: Form I–571; or
(4) Employment Authorization Card: Form I–688B 3
or Employment Authorization Document: Form I–
766 coded ‘‘8 CFR § 274a.12(a)(5)(asylee)’’ or
‘‘A5’’; or
(5) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
(1) Arrival/Departure Record: Form I–94 or passport
stamped ‘‘refugee’’ or ‘‘§ 207’’; or
(2) Employment Authorization Card: Form I–688B 4
or Employment Authorization Document: Form I–
766 coded ‘‘8 CFR § 274a.12(a)(3)(refugee)’’ or
‘‘A3’’ or ‘‘8 CFR § 274a.12(a)(4) (paroled refugee)’’
or ‘‘A4’’; or
(3) Refugee Travel Document: Form I–571; or
(4) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules
ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued
Alien category
Statutory authorization
Regulatory authorization
of eligibility in 45 CFR part
1626
8 U.S.C. § 1231(b)(3)
holding of removal);
INA section 243(h)
holding of deportation
clusion).
(withformer
(withor ex-
§ 1626.5(e) .......................
Conditional Entrant ...........
8 U.S.C. 1153(a)(7) 6 ................
§ 1626.5(d) .......................
Special Agricultural Worker Temporary Resident.
8 U.S.C. 1160 ...........................
§ 1626.10(d) .....................
H–2A Temporary Agricultural Worker.
8 U.S.C. § 1101(a)(15)(H) ........
§ 1626.11(a) .....................
H–2B Temporary Non-Agricultural Worker.
8 U.S.C. § 1101(a)(15)(H) ........
§ 1626.11(b) .....................
Aliens subjected to battery, extreme cruelty,
sexual assault, or trafficking.
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Individual Granted Withholding of Deportation,
Exclusion, or Removal.
Pub. L. 104–208, Div. A, Tit. V,
§ 502(a)(2)(C),
110
Stat.
2009, 3009–60; Pub. L. 109–
162, § 164, 119 Stat. 2960,
2978..
§ 1626.4(c)(1), (c)(2) ........
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Verification documents
(1) Arrival/Departure Record: Form I–94 stamped
‘‘§ 243(h)’’ or ‘‘§ 241(b)(3)’’; or
(2) Order granting withholding of deportation/deferral
of removal from DHS, U.S. Immigration and Customs Enforcement (ICE), immigration court, BIA,
or federal court; or
(3) Temporary Resident Card: Form I–688 5 or Employment Authorization Document: Form I–766
coded ‘‘8 CFR § 274a.12(a)(10) (withholding of deportation)’’ or ‘‘A10’’; or
(4) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online email verification.
(1) Arrival/Departure Record: Form I–94 or passport
stamped ‘‘conditional entrant’’; or
(2) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
(1) Temporary Resident Card: Form I–688 7, I–688A,
Employment Authorization Card: Form I–688B 8, or
Employment Authorization Document: Form I–766
indicating issuance under INA § 210 (or under 8
C.F.R. § 274a.12(a)(2) or coded ‘‘A2,’’ with other
evidence indicating eligibility under INA § 210); or
(2) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
(1) Arrival/Departure Record: Form I–94 or passport
stamped ‘‘H–2A’’; or
(2) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
(1) Arrival/Departure Record: Form I–94 or passport
stamped ‘‘H–2B’’ and evidence that the worker is
employed in forestry; or
(2) Any verification of lawful presence in the U.S. or
other authoritative document from INS or DHS, including online or email verification.
(1) A decision or other authoritative document from
INS, DHS, USCIS, immigration judge, BIA, federal
or state court finding or verifying that a person has
been a victim of the qualifying abuse; or
(2) An affidavit or unsworn written statement made
by the alien; a written summary of a statement or
interview of the alien taken by others, including
the recipient; a report or affidavit from police,
judges, and other court officials, medical personnel, school officials, clergy, social workers,
other social service agency personnel; an order of
protection or other legal evidence of steps taken
to end the qualifying abuse; evidence that a person sought safe haven in a shelter or similar refuge from the qualifying abuse; photographs; documents or other evidence of a series of acts that
establish a pattern of qualifying abuse; or
(3) An application for administrative or judicial relief
including an assertion that the applicant has been
a victim of the qualifying abuse, but only if such
application is accompanied or supplemented by
any of the evidence described in the preceding
paragraph (2).
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13021
ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued
Statutory authorization
Regulatory authorization
of eligibility in 45 CFR part
1626
Victims of severe forms of
trafficking.
22 U.S.C. § 7105(b)(1)(B) .........
§ 1626.4(c)(3) ...................
Minor victims of severe
forms of trafficking.
22 U.S.C. § 7105(b)(1)(B) .........
§ 1626.4(c)(3) ...................
Certain family members of
victims of severe forms
of trafficking (‘‘derivative
T-visa holders’’).
22 U.S.C. § 7105(b)(1)(B) .........
§ 1626.4(c)(3) ...................
Aliens qualified for a Uvisa.
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Alien category
Pub. L. 109–162, § 164, 119
Stat. 2960, 2978; 8 U.S.C.
§ 1101(a)(15)(U).
§ 1626.4(c)(4) ...................
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Verification documents
(1) An affidavit or unsworn written statement made
by the alien; a written summary of a statement or
interview of the alien taken by others, including
the recipient; a report or affidavit from police,
judges, and other court officials, medical personnel, school officials, clergy, social workers,
other social service agency personnel; an order of
protection or other legal evidence of steps taken
to end the severe forms of trafficking; evidence
that a person sought safe haven in a shelter or
similar refuge from the severe forms of trafficking;
photographs; documents or other evidence of a
series of acts that establish a pattern of severe
forms of trafficking; or
(2) An application for administrative or judicial relief
including an assertion that the applicant has been
a victim of severe forms of trafficking, but only if
such application is accompanied or supplemented
by any of the evidence described in the preceding
paragraph (1); or
(3) Certification letter from the U.S. Department of
Health and Human Services (HHS); or
(4) Telephonic verification of certification by calling
the HHS trafficking verification line, (202) 401–
5510, or (866) 401–5510.
(1) Eligibility letter from HHS; or
(2) Interim Eligibility Letter from HHS; or
(3) An affidavit or unsworn written statement made
by the alien; a written summary of a statement or
interview of the alien taken by others, including
the recipient; a report or affidavit from police,
judges, and other court officials, medical personnel, school officials, clergy, social workers,
other social service agency personnel; an order of
protection or other legal evidence of steps taken
to end severe forms of trafficking; evidence that
the alien sought safe haven in a shelter or similar
refuge from severe forms of trafficking; photographs; documents or other evidence of a series
of acts that establish a pattern of severe forms of
trafficking; or
(1) Application for Immediate Family Member of T–1
Recipient: Form I–914, Supplement A; or
(2) Notice of Action: Form I–797, visa, Arrival/Departure Form: Form I–94, or passport stamped T–2,
T–3, T–4, or T–5, or T–6; or
(3) Employment Authorization Card: Form I–688B or
Employment Authorization Document: Form I–766
coded ‘‘(c)(25)’’; or
(4) Documentary evidence showing that the primary
applicant for immigration relief is a victim of severe forms of trafficking as described above; and
credible evidence showing that the alien is a qualified family member of the primary applicant.
(1) Petition for U Nonimmigrant Status: Form I–918;
or
(2) Petition for Immediate Family Member of U–1
Recipient: Form I–918, Supplement A; or
(3) Notice of Action: Form I–797, visa, Arrival/Departure Record: Form I–94, or passport stamped U–1,
U–2, U–3, U–4, or U–5; or
(4) Employment Authorization Card: Form I–688B or
Employment Authorization Document: Form I–766
coded ‘‘(a)(19)’’ (principal) or ‘‘(a)(20)’’ (derivative);
or
(5) A decision or other authoritative document from
INS, DHS, USCIS, immigration judge, BIA, federal
or state court finding or verifying that a person
qualifies for a U-visa; or
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Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules
ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued
Alien category
Statutory authorization
Regulatory authorization
of eligibility in 45 CFR part
1626
Verification documents
(6) An affidavit or unsworn written statement made
by the alien; a written summary of a statement or
interview of the alien taken by others, including
the recipient; a report or affidavit from police,
judges, and other court officials, medical personnel, school officials, clergy, social workers,
other social service agency personnel; an order of
protection or other legal evidence of steps taken
to end the qualifying abuse; evidence that the
alien sought safe haven in a shelter or similar refuge from the qualifying abuse; photographs; documents or other evidence of a series of acts that
establish a pattern of qualifying abuse; or
(7) An application for administrative or judicial relief
including an assertion that the applicant qualifies
for a U-visa, but only if such application is accompanied or supplemented by any of the evidence
described in the preceding paragraph (6); or
(8) Documentary evidence showing that the primary
applicant for immigration relief qualifies for a Uvisa as described above; and credible evidence
showing that the alien is a qualified family member
of the primary applicant.
1 For
any immigration status document obtained prior to March 1, 2003.
note 1.
before April 3, 2009.
4 Supra note 3.
5 Supra note 3.
6 As in effect prior to April 1, 1980.
7 Infra note 3.
8 Infra note 3.
2 Supra
3 Dated
Dated: March 4, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014–05008 Filed 3–6–14; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 131120978–4146–01]
RIN 0648–BD80
Takes of Marine Mammals Incidental to
Specified Activities; U.S. Navy Missile
Launches From San Nicolas Island,
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments and information.
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AGENCY:
NMFS has received a request
from the U.S. Navy (Navy), Naval Air
Warfare Center Weapons Division
(NAWCWD) for authorization to take
marine mammals incidental to missile
SUMMARY:
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launches from San Nicolas Island (SNI)
from June 2014 through June 2019.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue regulations and subsequent Letters
of Authorization (LOAs) to the Navy to
incidentally harass marine mammals.
DATES: Comments and information must
be received no later than April 21, 2014.
ADDRESSES: You may submit comments,
identified by 0648–BD80, by either of
the following methods:
• Electronic submissions: submit all
electronic public comments via the
Federal eRulemaking Portal (https://
www.regulations.gov)
• Hand delivery or mailing of paper,
disk, or CD–ROM comments should be
addressed to Jolie Harrison, Incidental
Take Program Supervisor, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information
(e.g., name, address, etc.) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
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Confidential Business Information or
otherwise sensitive or protected
information.
NMFS will accept anonymous
comments (enter N/A in the required
fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
An electronic copy of the Navy’s
application may be obtained by writing
to the address specified above,
telephoning the contact listed below
(see FOR FURTHER INFORMATION CONTACT),
or visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may also
be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
E:\FR\FM\07MRP1.SGM
07MRP1
]]>Agencies
[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Proposed Rules]
[Pages 13017-13022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05008]
=======================================================================
-----------------------------------------------------------------------
LEGAL SERVICES CORPORATION
45 CFR Part 1626
Restrictions on Legal Assistance to Aliens
AGENCY: Legal Services Corporation.
ACTION: Proposed program letter.
-----------------------------------------------------------------------
SUMMARY: This proposed program letter serves as a companion to 45 CFR
part 1626. The proposed program letter should have been published in
the Federal Register with the further notice of proposed rulemaking
(FNPRM) on February 5, 2014, 79 FR 6859. LSC seeks comments on the
proposed program letter. Additional information on the request for
comments is located in the SUPPLEMENTARY INFORMATION section.
DATES: Comments on the proposed program letter are due April 7, 2014.
ADDRESSES: Written comments must be submitted to Stefanie K. Davis,
Assistant General Counsel, Legal Services Corporation, 3333 K Street
NW., Washington, DC 20007; (202) 337-6519 (fax) or
1626rulemaking@lsc.gov. Electronic submissions are preferred via email
with attachments in Acrobat PDF format. Written comments sent to any
other address or received after the end
[[Page 13018]]
of the comment period may not be considered by LSC.
FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General
Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC
20007, (202) 295-1563 (phone), (202) 337-6519 (fax),
1626rulemaking@lsc.gov
SUPPLEMENTARY INFORMATION: In 2003, LSC added a list of documents
establishing the eligibility of aliens for legal assistance from LSC
funding recipients as an appendix to part 1626. 68 FR 55540, Sept. 26,
2003. The appendix has not changed since 2003, although immigration
documents and forms have changed and Congress has authorized LSC
recipients to provide legal assistance to new categories of eligible
aliens. LSC believes that the frequently changing nature of immigration
documents and forms requires a more flexible and responsive means of
informing recipients of the changes than the informal rulemaking
process provides. Consequently, in a notice of proposed rulemaking
published on August 21, 2013, LSC announced its intention to remove the
appendix to part 1626 and publish the information contained in the
appendix as a program letter. 78 FR 51696, Aug. 21, 2013. Because the
initial revision of the appendix and reclassification as a program
letter is a change to the regulation, it is being done pursuant to the
LSC rulemaking protocol. As such, LSC is publishing the program letter
in the Federal Register for public comment.
LSC published a FNPRM on February 5, 2014 proposing requesting
comment on additional revisions to part 1626. 79 FR 6859, Feb. 5, 2014.
The proposed program letter was intended to accompany the FNPRM. The
comment period for this program letter will remain open for thirty days
from the date of publication of the letter in the Federal Register.
Because this document does not affect the substance of the FNPRM, the
deadline for comments on the FNPRM will remain March 7, 2014.
Draft Program Letter []
TO: All LSC Program Directors
FROM: James J. Sandman, President
DATE: [ ], 2014
SUBJECT: Alien Eligibility under LSC Regulation Part 1626
LSC published a final rule revising 45 C.F.R. Part 1626,
``Restrictions on Legal Assistance to Aliens,'' on [DATE]. Revised Part
1626 was published without the Appendix. The information contained in
the Appendix will be published instead as a Program Letter and an
accompanying chart describing the categories of aliens eligible for
legal assistance from LSC recipients and containing a non-exhaustive
list of examples of acceptable documentation showing eligibility under
Part 1626. These documents should be read together with Part 1626 in
making eligibility determinations.
Documentation
The documents identified as acceptable to establish eligibility
fall into one of two categories: 1) documents regarding the immigration
status of an alien; or 2) documents providing evidence that the alien
has experienced qualifying abuse or otherwise meets the requirements of
45 C.F.R. Sec. 1626.4 regarding the Violence Against Women Act (VAWA)
and other anti-abuse statutes.
Special Considerations
Victims of trafficking are covered by different provisions of 45
C.F.R. Sec. 1626.4 depending on the nature of the trafficking
activity. Recipients should determine whether an alien is a victim of
trafficking under VAWA or section 101(a)(15)(U) of the Immigration and
Nationality Act, or a victim of severe forms of trafficking under the
Trafficking Victims Protection Act, 22 U.S.C. Sec. 7101 et seq. The
facts of an alien's situation may indicate that the alien is eligible
for assistance under one or more of these statutes.
Eligibility for assistance based on qualifying for a U-visa or
being a victim of severe forms of trafficking requires consideration of
other statutory factors in addition to the qualifying crime. See 8
U.S.C. Sec. 1101(a)(15)(U); 22 U.S.C. Sec. 7105(b)(1)(C). Recipients
must document that an alien meets all relevant statutory factors.
Additional Resources
If you have any questions or concerns regarding this Program Letter
or for further guidance, please contact LSC General Counsel Ronald S.
Flagg. Additional information regarding the documentation contained in
the chart can be found at the U.S. Customs and Immigration Service Web
site (https://www.uscis.gov) and at the Anti-Trafficking in Persons
Division of the Office of Refugee Resettlement within the Department of
Health and Human Services Web site (https://www.acf.hhs.gov/programs/orr/programs/anti-trafficking).
Alien Eligibility for Representation by LSC-Funded Programs
----------------------------------------------------------------------------------------------------------------
Regulatory
Statutory authorization of
Alien category authorization eligibility in 45 CFR Verification documents
part 1626
----------------------------------------------------------------------------------------------------------------
Lawful Permanent Resident.......... 8 U.S.C. 1101(a)(20).. Sec. 1626.5(a)...... (1) Alien Registration
Receipt Card: Form I-551
or Form I-151; or
(2) Memorandum of Creation
of Record of Lawful
Permanent. Residence: Form
I-181 with approval stamp;
or
(3) Passport bearing
immigrant visa or stamp
indicating admission for
lawful permanent
residence; or
(4) Order granting
residency or adjustment of
status; or
(5) Permit to Reenter the
United States: Form I-327;
or
(6) Arrival/Departure
Record: CBP Form I-94 with
stamp indicating admission
for lawful permanent
residence; or
[[Page 13019]]
(7) Any verification of
lawful permanent residence
in the U.S. to include any
one of the following:
authoritative document
from the United States
Immigration and
Naturalization Service
(INS);\1\ or the
Department of Homeland
Security (DHS), including
online or email
verification.
Spouse of a U.S. citizen, or a 8 U.S.C. Sec. Sec. Sec. 1626.5(b)...... (1) Proof of filing of a
parent of a U.S. citizen, or an 1158(b)(3), 1255, qualifying application for
unmarried child under 21 of U.S. 1255a, 1259. adjustment of status to
citizen; and who has filed an permanent residency, which
application for adjustment of may include one or more of
status to lawful permanent the following: a fee
resident. receipt or an online or
email printout showing
that the application was
filed with the INS prior
to 2003, U.S. Citizenship
and Immigration Service
(USCIS), the Department of
Homeland Security (DHS),
or the immigration court;
or a filing stamp showing
that the application was
filed; or a grant of a fee
waiver for such
application, a biometrics
appointment notice
indicating such pending
application, a printout
from the USCIS online
service, or a copy of the
application accompanied by
a notarized statement
signed by the alien that
such form was filed; and
(2) Proof of relationship
to U.S. citizen, which may
include one or more of the
following: a copy of the
person's marriage
certificate accompanied by
proof of the spouse's U.S.
citizenship; or a copy of
the birth certificate,
baptismal certificate,
adoption decree, or other
document demonstrating the
individual is under the
age of 21, accompanied by
proof that the
individual's parent is a
U.S. citizen; or a copy of
Petition for Alien
Relative: Form I-130, or
Petition for American,
Widow(er) or Special
Immigrant: Form I-360
containing information
demonstrating the
individual is related to
such U.S. citizen,
accompanied by proof of
filing.
Asylee............................. 8 U.S.C. Sec. 1158.. Sec. 1626.5(c)...... (1) Arrival/Departure
Record: Form I-94 or
passport stamped
``asylee'' or ``Sec.
208''; or
(2) Order granting asylum
from INS \2\, DHS,
immigration judge, the
Board of Immigration
Appeals (BIA), or federal
court; or
(3) Refugee Travel
Document: Form I-571; or
(4) Employment
Authorization Card: Form I-
688B \3\ or Employment
Authorization Document:
Form I-766 coded ``8 CFR
Sec.
274a.12(a)(5)(asylee)'' or
``A5''; or
(5) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Refugee............................ 8 U.S.C. Sec. 1157.. Sec. 1626.5(c)...... (1) Arrival/Departure
Record: Form I-94 or
passport stamped
``refugee'' or ``Sec.
207''; or
(2) Employment
Authorization Card: Form I-
688B \4\ or Employment
Authorization Document:
Form I-766 coded ``8 CFR
Sec.
274a.12(a)(3)(refugee)''
or ``A3'' or ``8 CFR Sec.
274a.12(a)(4) (paroled
refugee)'' or ``A4''; or
(3) Refugee Travel
Document: Form I-571; or
(4) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
[[Page 13020]]
Individual Granted Withholding of 8 U.S.C. Sec. Sec. 1626.5(e)...... (1) Arrival/Departure
Deportation, Exclusion, or Removal. 1231(b)(3) Record: Form I-94 stamped
(withholding of ``Sec. 243(h)'' or
removal); former INA ``Sec. 241(b)(3)''; or
section 243(h) (2) Order granting
(withholding of withholding of deportation/
deportation or deferral of removal from
exclusion). DHS, U.S. Immigration and
Customs Enforcement (ICE),
immigration court, BIA, or
federal court; or
(3) Temporary Resident
Card: Form I-688 \5\ or
Employment Authorization
Document: Form I-766 coded
``8 CFR Sec.
274a.12(a)(10)
(withholding of
deportation)'' or ``A10'';
or
(4) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online email verification.
Conditional Entrant................ 8 U.S.C. 1153(a)(7) Sec. 1626.5(d)...... (1) Arrival/Departure
\6\. Record: Form I-94 or
passport stamped
``conditional entrant'';
or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Special Agricultural Worker 8 U.S.C. 1160......... Sec. 1626.10(d)..... (1) Temporary Resident
Temporary Resident. Card: Form I-688 \7\, I-
688A, Employment
Authorization Card: Form I-
688B \8\, or Employment
Authorization Document:
Form I-766 indicating
issuance under INA Sec.
210 (or under 8 C.F.R.
Sec. 274a.12(a)(2) or
coded ``A2,'' with other
evidence indicating
eligibility under INA Sec.
210); or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
H-2A Temporary Agricultural Worker. 8 U.S.C. Sec. Sec. 1626.11(a)..... (1) Arrival/Departure
1101(a)(15)(H). Record: Form I-94 or
passport stamped ``H-2A'';
or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
H-2B Temporary Non-Agricultural 8 U.S.C. Sec. Sec. 1626.11(b)..... (1) Arrival/Departure
Worker. 1101(a)(15)(H). Record: Form I-94 or
passport stamped ``H-2B''
and evidence that the
worker is employed in
forestry; or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Aliens subjected to battery, Pub. L. 104-208, Div. Sec. 1626.4(c)(1), (1) A decision or other
extreme cruelty, sexual assault, A, Tit. V, Sec. (c)(2). authoritative document
or trafficking. 502(a)(2)(C), 110 from INS, DHS, USCIS,
Stat. 2009, 3009-60; immigration judge, BIA,
Pub. L. 109-162, Sec. federal or state court
164, 119 Stat. finding or verifying that
2960, 2978.. a person has been a victim
of the qualifying abuse;
or
(2) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
qualifying abuse; evidence
that a person sought safe
haven in a shelter or
similar refuge from the
qualifying abuse;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of qualifying
abuse; or
(3) An application for
administrative or judicial
relief including an
assertion that the
applicant has been a
victim of the qualifying
abuse, but only if such
application is accompanied
or supplemented by any of
the evidence described in
the preceding paragraph
(2).
[[Page 13021]]
Victims of severe forms of 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) An affidavit or unsworn
trafficking. 7105(b)(1)(B). written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
severe forms of
trafficking; evidence that
a person sought safe haven
in a shelter or similar
refuge from the severe
forms of trafficking;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of severe forms of
trafficking; or
(2) An application for
administrative or judicial
relief including an
assertion that the
applicant has been a
victim of severe forms of
trafficking, but only if
such application is
accompanied or
supplemented by any of the
evidence described in the
preceding paragraph (1);
or
(3) Certification letter
from the U.S. Department
of Health and Human
Services (HHS); or
(4) Telephonic verification
of certification by
calling the HHS
trafficking verification
line, (202) 401-5510, or
(866) 401-5510.
Minor victims of severe forms of 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) Eligibility letter from
trafficking. 7105(b)(1)(B). HHS; or
(2) Interim Eligibility
Letter from HHS; or
(3) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end severe
forms of trafficking;
evidence that the alien
sought safe haven in a
shelter or similar refuge
from severe forms of
trafficking; photographs;
documents or other
evidence of a series of
acts that establish a
pattern of severe forms of
trafficking; or
Certain family members of victims 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) Application for
of severe forms of trafficking 7105(b)(1)(B). Immediate Family Member of
(``derivative T-visa holders''). T-1 Recipient: Form I-914,
Supplement A; or
(2) Notice of Action: Form
I-797, visa, Arrival/
Departure Form: Form I-94,
or passport stamped T-2, T-
3, T-4, or T-5, or T-6; or
(3) Employment
Authorization Card: Form I-
688B or Employment
Authorization Document:
Form I-766 coded
``(c)(25)''; or
(4) Documentary evidence
showing that the primary
applicant for immigration
relief is a victim of
severe forms of
trafficking as described
above; and credible
evidence showing that the
alien is a qualified
family member of the
primary applicant.
Aliens qualified for a U-visa...... Pub. L. 109-162, Sec. Sec. 1626.4(c)(4)... (1) Petition for U
164, 119 Stat. 2960, Nonimmigrant Status: Form
2978; 8 U.S.C. Sec. I-918; or
1101(a)(15)(U). (2) Petition for Immediate
Family Member of U-1
Recipient: Form I-918,
Supplement A; or
(3) Notice of Action: Form
I-797, visa, Arrival/
Departure Record: Form I-
94, or passport stamped U-
1, U-2, U-3, U-4, or U-5;
or
(4) Employment
Authorization Card: Form I-
688B or Employment
Authorization Document:
Form I-766 coded
``(a)(19)'' (principal) or
``(a)(20)'' (derivative);
or
(5) A decision or other
authoritative document
from INS, DHS, USCIS,
immigration judge, BIA,
federal or state court
finding or verifying that
a person qualifies for a U-
visa; or
[[Page 13022]]
(6) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
qualifying abuse; evidence
that the alien sought safe
haven in a shelter or
similar refuge from the
qualifying abuse;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of qualifying
abuse; or
(7) An application for
administrative or judicial
relief including an
assertion that the
applicant qualifies for a
U-visa, but only if such
application is accompanied
or supplemented by any of
the evidence described in
the preceding paragraph
(6); or
(8) Documentary evidence
showing that the primary
applicant for immigration
relief qualifies for a U-
visa as described above;
and credible evidence
showing that the alien is
a qualified family member
of the primary applicant.
----------------------------------------------------------------------------------------------------------------
\1\ For any immigration status document obtained prior to March 1, 2003.
\2\ Supra note 1.
\3\ Dated before April 3, 2009.
\4\ Supra note 3.
\5\ Supra note 3.
\6\ As in effect prior to April 1, 1980.
\7\ Infra note 3.
\8\ Infra note 3.
Dated: March 4, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014-05008 Filed 3-6-14; 8:45 am]
BILLING CODE 7050-01-P
