Technical Corrections Relating to Issuance of Notices To Appear, Warrants of Removal, Exercise of Power by Immigration Officers, and Standards for Enforcement Activities, 62353-62358 [2016-21526]
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62353
Rules and Regulations
Federal Register
Vol. 81, No. 175
Friday, September 9, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 236, 238, 239, 240, 241,
and 287
[CBP Dec. 16–14]
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Technical Corrections Relating to
Issuance of Notices To Appear,
Warrants of Removal, Exercise of
Power by Immigration Officers, and
Standards for Enforcement Activities
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 270, 274a, and 280
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule; technical
amendment.
Coast Guard
SUMMARY:
AGENCY:
6 CFR Part 27
33 CFR Part 27
Transportation Security Administration
49 CFR Part 1503
[Docket No. DHS–2016–0034]
RIN 1601–AA80
Civil Monetary Penalty Adjustments for
Inflation
Correction
In rule document 2016–15673,
appearing on pages 42987–43006 in the
issue of Friday, July 1, 2016, make the
following correction:
PART 274a—CONTROL OF
EMPLOYMENT OF ALIENS [Corrected]
1. On page 43002, in the first column,
on the nineteenth line, amendatory
paragraph number 6, appearing in PART
274a, that reads ‘‘fi 6. In § 4a.8, revise
(b) to read as follows:’’ is corrected as
set forth below:
6. In § 274a.8, revise (b) to read as
follows:
■
[FR Doc. C1–2016–15673 Filed 9–8–16; 8:45 am]
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BILLING CODE 1505–01–D
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The Department of Homeland
Security (DHS) is amending its
regulations to update various provisions
that list specific immigration officials
who are authorized to perform various
immigration functions, including the
issuance of notices to appear, warrants
of removal, and arrest warrants. The
lists are outdated and do not reflect the
current DHS organizational structure.
DHS is updating the lists with the
specific officials who are currently
authorized to perform these various
functions. DHS is also making some
technical corrections to update
nomenclature and outdated references
in the affected provisions.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Border Patrol Aspects: Cipriano Encinia,
U.S. Border Patrol, Cipriano.Encinia@
cbp.dhs.gov; Field Operations Aspects:
James Ryan Hutton, Office of Field
Operations, James.Hutton@cbp.dhs.gov;
Air and Marine Aspects: Daniel Jordan,
Air and Marine Operations,
daniel.a.jordan@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland
Security (DHS) was established on
January 24, 2003, pursuant to the
Homeland Security Act of 2002 (HSA),
Public Law 107–296, 116 Stat. 2135,
codified at 6 U.S.C. 101, et seq.
Section 441 of the HSA transferred
from the Commissioner of Immigration
and Naturalization Service to DHS all
border security functions, personnel,
assets, and liabilities. See 6 U.S.C. 251.
Pursuant to section 1502 of the HSA, on
November 25, 2002, the President
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submitted to Congress a reorganization
plan. See 6 U.S.C. 542. On January 30,
2003, the President submitted a
modified reorganization plan, which
provided that the Customs Service, now,
U.S. Customs and Border Protection
(CBP), would contain, among other
things, the resources and missions
relating to borders and ports of entry of
the Customs Service and the
Immigration and Naturalization Service.
This modified reorganization plan also
provided that the Bureau of Border
Security, now, the U.S. Immigration and
Customs Enforcement (ICE), would
contain, among other things, the
detention and removal program, the
intelligence program, and the
investigations program of the
Immigration and Naturalization Service.
Additionally, section 451 of the HSA
established the Bureau of Citizenship
and Immigration Services, now, the U.S.
Citizenship and Immigration Services
(USCIS), and transferred to it from the
Commissioner of the former
Immigration and Naturalization Service
all adjudications and benefit programs.
See 6 U.S.C. 271.
Under sections 1101 and 1102 of the
HSA, the Department of Justice,
Executive Office for Immigration
Review (EOIR) retained its functions
relating to the immigration and
naturalization of aliens. See 6 U.S.C.
521.
On June 13, 2003 and November 4,
2005, DHS published two final rules in
the Federal Register (68 FR 35273 and
70 FR 67087) to conform the text of title
8, Code of Federal Regulations (CFR)
parts 236, 239, 241, and 287 to the
organizational structures established by
the HSA and reorganization plans.
Subsequently, the DHS organizational
structure has evolved, and this rule
revises various sections in these parts to
reflect DHS’s current structure. The
organizational structure described in 8
CFR parts 238, 240, 241, and 287
predates the creation of DHS, and this
rule updates various sections in these
parts. In addition, DHS is making some
technical corrections to update
nomenclature and outdated references
in the affected provisions. We
summarize below the provisions in title
8 CFR that we are updating.
A. Apprehension, Custody, and
Detention
Title 8, CFR part 236, subpart A (8
CFR part 236, subpart A) describes the
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procedures for apprehending, detaining,
and removing aliens under the
Immigration and Nationality Act.
Specifically, 8 CFR 236.1 refers to lists
of immigration officials in § 287.5(e)(2)
and (e)(3) of the chapter who are
authorized to issue a warrant of arrest or
to serve a warrant of arrest and lists
officials authorized to make custody
decisions.
B. Expedited Removal Proceedings
Title 8, CFR part 238 (8 CFR part 238)
describes the procedures for expedited
removal of aggravated felons under the
Immigration and Nationality Act.
Specifically, 8 CFR 238.1 defines a
‘‘deciding Service officer’’ and ‘‘issuing
Service officer’’. It also refers to a list of
immigration officials in § 239.1 of the
chapter who are authorized to issue
notices to appear and refers to a list of
immigration officials in § 287.5(e)(2) of
the chapter who are authorized to issue
warrants of arrest.
C. Notice To Appear
Title 8, CFR part 239 (8 CFR part 239)
describes the procedures for the
initiation of removal proceedings under
the Immigration and Nationality Act.
Specifically, 8 CFR 239.1 provides that
any immigration officer, or supervisor
thereof, performing an inspection of an
arriving alien at a port-of-entry may
issue a notice to appear to such alien,
and lists the additional officers who are
authorized to issue notices to appear.
D. Voluntary Departure—Authority of
the Service
Title 8, CFR part 240, subpart C (8
CFR part 240, subpart C) describes
procedures and conditions regarding the
granting of voluntary departures from
the United States. Specifically, 8 CFR
240.25 lists the officers who are
authorized to permit aliens to depart
voluntarily.
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E. Warrant of Removal
Title 8, CFR part 241, subpart A (8
CFR part 241, subpart A) describes
immigration post-hearing detention and
removal procedures. Specifically, 8 CFR
241.2 lists the immigration officials who
are authorized to issue warrants of
removal.
F. Exercise of Power by Immigration
Officers
Title 8, CFR part 287 (8 CFR part 287)
describes the powers and duties of field
officers. Specifically, 8 CFR 287.5
addresses the power and duties of
immigration officers, including the
power to interrogate and administer
oaths, patrol the border, arrest, conduct
searches, execute and issue warrants,
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and carry firearms, and lists the officials
who are authorized to perform these
functions. Also, 8 CFR 287.8 describes
the standards for enforcement activities
conducted by immigration officers.
G. Regulatory Amendment
The lists of immigration officials in 8
CFR 236.1, 238.1, 239.1, 240.25, 241.2,
287.5, and 287.8 have not been updated
to reflect the current organizational
structure of DHS. As such, these
regulations include position titles that
no longer exist in the DHS organization
and do not include position titles that
were established after the creation of
DHS. Therefore, it is necessary to amend
these regulations to authorize the
appropriate officials within DHS to
perform the listed functions and to
remove outdated references to former
position titles. To accurately reflect the
current DHS organizational structure,
this final rule amends 8 CFR 236.1,
238.1, 239.1, 240.25, 241.2, 287.5, and
287.8 by removing the outdated list of
personnel authorized to perform various
immigration functions, such as issuing
notices to appear, warrants of removal,
and arrest warrants and by adding
language that authorizes the appropriate
DHS officials to perform these
functions.
DHS is also making several additional
technical corrections to update outdated
references in these sections.
Specifically, DHS is updating 8 CFR
236.1 and 238.1 to replace several
outdated references to sections in 8 CFR
part 3 with sections in 8 CFR part 1003.
As provided in 8 CFR 3.0, the
regulations of the Executive Office for
Immigration Review (EOIR) relating to
the adjudication of immigration matters
before immigration judges and the
Board of Immigration Appeals are now
located in 8 CFR chapter V, part 1003,
rather than in part 3. In a final rule
published in the Federal Register on
February 28, 2003 (68 FR 9824), the
Department of Justice moved the
provisions to reflect the division of
authority between DHS and EOIR after
the enactment of the HSA. DHS is also
removing the obsolete references to the
title ‘‘Commissioner’’ and ‘‘Assistant
Secretary for ICE’’ and replacing them
with the current title ‘‘Assistant
Secretary/Director of ICE’’ in 8 CFR
236.1, 287.5, and 287.8. These changes
will reflect the current DHS structure.
A. Inapplicability of Public Notice and
Delayed Effective Date Requirements
Under the Administrative Procedure
Act (5 U.S.C. 553(b)), rulemakings
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B. The Regulatory Flexibility Act and
Executive Orders 12866 and 13563
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply. This
amendment does not meet the criteria
for a ‘‘significant regulatory action’’ as
specified in Executive Order 12866, as
supplemented by Executive Order
13563.
List of Subjects
8 CFR Parts 236, 239, and 241
Administrative practice and
procedure, Aliens, Immigration.
8 CFR Parts 238 and 240
Administrative practice and
procedure, Aliens.
8 CFR Part 287
Immigration, Law enforcement
officers.
Amendments to Regulations
II. Statutory and Regulatory
Requirements
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generally require prior notice and
comment, subject to specified
exceptions. As provided in 5 U.S.C.
553(b)(A) and (B), this procedure does
not apply to rules of agency
organization, procedure, practice; or
when the agency for good cause finds
that notice and comment are
impracticable, unnecessary, or contrary
to the public interest. This final rule
amends the regulations to reflect the
correct position titles for those officials
who are authorized to issue notices to
appear, warrants of removal, arrest
warrants, and to perform various
additional immigration functions and
makes some technical corrections to
update nomenclature and outdated
references in the affected provisions.
DHS finds that this is a rule of agency
organization, procedure, or practice,
which is not subject to notice and
comment rulemaking. DHS also finds
that good cause exists to issue the rule
without prior notice and comment and
that this procedure is not necessary
because the rule has no substantive
impact, is technical in nature, and it
relates to management, organization,
procedure, and practice. For the same
reasons, pursuant to 5 U.S.C. 553(d)(3),
a delayed effective date is not required.
For the reasons set forth above, parts
236, 238, 239, 240, 241, and 287 of title
8 of the Code of Federal Regulations (8
CFR parts 236, 238, 239, 240, 241, and
287) are amended as set forth below.
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PART 236—APPREHENSION AND
DETENTION OF INADMISSIBLE AND
DEPORTABLE ALIENS; REMOVAL OF
ALIENS; REMOVAL OF ALIENS
ORDERED REMOVED
1. The authority citation for part 236
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1103, 1182, 1224, 1225, 1226, 1227, 1231,
1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part
2.
§ 236.1
[Amended]
2. Amend § 236.1 as follows:
a. In paragraph (c)(7), remove the
word ‘‘Commissioner’’ and add in its
place ‘‘Assistant Secretary/Director of
ICE’’;
■ b. In paragraph (c)(10), remove the
reference to ‘‘§ 3.19’’ and add in its
place ‘‘§ 1003.19’’;
■ c. In paragraph (c)(11), remove the
reference to ‘‘§ 3.19(h)’’ and add in its
place ‘‘§ 1003.19(h)’’;
■ d. In paragraph (d)(1), remove the
reference to ‘‘§ 3.19’’ and add in its
place ‘‘§ 1003.19’’;
■ e. In paragraph (d)(3)(i), remove the
reference to ‘‘§ 3.38’’ and add in its
place ‘‘§ 1003.38’’;
■ f. In paragraph (d)(4), remove the
reference to ‘‘§ 3.19(i)’’ and add in its
place ‘‘§ 1003.19(i)’’.
■ g. In paragraph (f), remove the
reference to ‘‘§ 3.19(g)’’ and add in its
place ‘‘§ 1003.19(g)’’.
■
■
PART 238—EXPEDITED REMOVAL OF
AGGRAVATED FELONS
3. The authority citation for part 238
continues to read as follows:
■
Authority: 8 U.S.C. 1228; 8 CFR part 2.
§ 238.1
[Amended]
4. In § 238.1 amend paragraph
(b)(1)(iii) by removing the reference to
‘‘§ 3.41’’ and adding in its place
‘‘§ 1003.41’’.
■
PART 239—GENERAL PROVISIONS
5. The authority citation for part 239
continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1221, 1229;
Homeland Security Act of 2002, Public Law
107–296; 8 CFR part 2.
6. Amend § 239.1 by revising
paragraphs (a)(1) through (a)(41) and
adding paragraphs (a)(42) through
(a)(46). The revisions and additions read
as follows:
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§ 239.1
Notice to appear.
(a) * * *
(1) District directors (except foreign);
(2) Deputy district directors (except
foreign);
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(3) Chief patrol agents;
(4) Deputy chief patrol agents;
(5) Division chiefs;
(6) Assistant chief patrol agents;
(7) Patrol agents in charge;
(8) Deputy patrol agents in charge;
(9) Border patrol watch commanders;
(10) Special operations supervisors;
(11) Supervisory border patrol agents;
(12) Directors of air operations;
(13) Directors of marine operations;
(14) Supervisory air and marine
interdiction agents;
(15) Service center directors;
(16) Deputy service center directors;
(17) Assistant service center directors
for examinations;
(18) Supervisory immigration services
officers;
(19) Supervisory immigration officers;
(20) Supervisory asylum officers;
(21) Officers in charge (except
foreign);
(22) Assistant officers in charge
(except foreign);
(23) Special agents in charge;
(24) Deputy special agents in charge;
(25) Associate special agents in
charge;
(26) Assistant special agents in
charge;
(27) Resident agents in charge;
(28) Supervisory special agents;
(29) Directors of investigations;
(30) District directors for interior
enforcement;
(31) Deputy or assistant district
directors for interior enforcement;
(32) Director of enforcement and
removal operations;
(33) Field office directors;
(34) Deputy field office directors;
(35) Supervisory deportation officers;
(36) Supervisory detention and
deportation officers;
(37) Directors or officers in charge of
detention facilities;
(38) Directors of field operations;
(39) Assistant directors of field
operations;
(40) Port directors;
(41) Assistant port directors;
(42) Field operations watch
commanders;
(43) Field operations chiefs;
(44) Unit Chief, Law Enforcement
Support Center;
(45) Section Chief, Law Enforcement
Support Center; or
(46) Other duly authorized officers or
employees of the Department of
Homeland Security or of the United
States who are delegated the authority
as provided by 8 CFR 2.1 to issue
notices to appear, and who have
successfully completed any required
immigration law enforcement training.
*
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PART 240—GENERAL PROVISIONS
7. The authority citation for part 240
continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1182, 1186a,
1224, 1225, 1226, 1227, 1251, 1252 note,
1252a, 1252b, 1362; secs. 202 and 203, Pub.
L. 105–100 (111 Stat. 2160, 2193); sec. 902,
Pub. L. 105–277 (112 Stat. 2681); 8 CFR part
2.
§ 240.25
[Amended]
8. Amend § 240.25 paragraph (a) by
removing the words ‘‘Deputy Executive
Associate Commissioner for Detention
and Removal’’ and adding in their place
‘‘Deputy Executive Associate Director
for Enforcement and Removal
Operations’’.
■
PART 241—APPREHENSION AND
DETENTION OF ALIENS ORDERED
REMOVED
9. The authority citation for part 241
continues to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1103, 1182, 1223, 1224, 1225, 1226, 1227,
1228, 1231, 1251, 1253, 1255, 1330, 1362; 18
U.S.C. 4002, 4013(c)(4); Pub. L. 107–296, 116
Stat. 2135 (6 U.S.C. 101, et seq.); 8 CFR part
2.
10. Amend § 241.2:
a. By revising paragraph (a)(1); and
b. In paragraph (a)(2), by removing the
reference to ‘‘(xxv)’’ and adding in its
place ‘‘(xxxi)’’.
The revision reads as follows:
■
■
■
§ 241.2
Warrant of removal.
(a) Issuance of a warrant of removal—
(1) In general. A Form I–205, Warrant of
Removal, based on the final
administrative removal order in the
alien’s case will be issued by any of the
following immigration officials:
(i) Director, Enforcement and Removal
Operations;
(ii) Deputy Assistant Director, Field
Operations;
(iii) Field Office Directors;
(iv) Deputy Field Office Directors;
(v) Assistant Field Office Directors;
(vi) Officers in Charge;
(vii) Special Agents in Charge;
(viii) Deputy Special Agents in
Charge;
(ix) Associate Special Agents in
Charge;
(x) Assistant Special Agents in
Charge;
(xi) Group Supervisors;
(xii) Resident Agents in Charge;
(xiii) District Field Officers;
(xiv) Chief Patrol Agents;
(xv) Deputy Chief Patrol Agents;
(xvi) Division Chiefs;
(xvii) Assistant Chief Patrol Agents;
(xviii) Patrol Agents in Charge;
(xix) Deputy Patrol Agents in Charge;
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(xx) Watch Commanders, Border
Patrol;
(xxi) Director of Air Operations;
(xxii) Director of Marine Operations;
(xxiii) Supervisory Air and Marine
Interdiction Agents;
(xxiv) Unit Chief, Law Enforcement
Support Center;
(xxv) Section Chief, Law Enforcement
Support Center;
(xxvi) Port Directors;
(xxvii) Assistant Port Directors;
(xxviii) Directors, Field Operations;
(xxix) Assistant Directors, Field
Operations;
(xxx) Watch Commanders, Field
Operations;
(xxxi) Chiefs, Field Operations; and
(xxxii) Other duly authorized officers
or employees of the Department of
Homeland Security or the United States
who are delegated the authority as
provided in 8 CFR 2.1 to issue Warrants
of Removal, and who have successfully
completed any required immigration
law enforcement training.
*
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*
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*
PART 287—GENERAL PROVISIONS
11. The authority citation for part 287
continues to read as follows:
■
Authority: 8 U.S.C. 1103, 1182, 1225, 1226,
1251, 1252, 1357; Homeland Security Act of
2002, Pub. L. 107–296 (6 U.S.C. 1, et seq.);
8 CFR part 2.
12. Amend § 287.5 by:
a. Revising paragraphs (b)(1) through
(6);
■ b. Revising paragraphs (c)(1)(i)
through (viii);
■ c. Revising paragraphs (c)(2)(i)
through (viii);
■ d. Revising paragraphs (c)(3)(i)
through (vii);
■ e. Revising paragraphs (c)(4)(ii)(A)
through (G);
■ f. Revising paragraph (c)(4)(iii);
■ g. Revising paragraphs (c)(5)(ii)(A)
through (G);
■ h. Revising paragraphs (d)(1) through
(8);
■ i. Revising paragraphs (e)(1)(i) through
(vi);
■ j. Adding paragraphs (e)(1)(vii)
through (viii),
■ k. Revising paragraphs (e)(2)(i)
through (l);
■ l. Adding paragraphs (e)(2)(li) through
(liii);
■ m. Revising paragraphs (e)(3)(i)
through (viii);
■ n. Revising paragraphs (e)(4)(i)
through (vi);
■ o. Adding paragraphs (e)(4)(vii)
through (viii); and
■ p. Revising paragraphs (f)(1) through
(8).
The revisions and additions read as
follows:
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■
■
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§ 287.5 Exercise of power by immigration
officers.
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(b) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) CBP officers;
(5) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(6) Immigration officers who need the
authority to patrol the border under
section 287(a)(3) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP, or the Assistant
Secretary/Director of ICE.
(c) * * *
(1) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(viii) Immigration officers who need
the authority to arrest aliens under
section 287(a)(2) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director
of the USCIS.
(2) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(viii) Immigration officers who need
the authority to arrest persons under
section 287(a)(4) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director
of the USCIS.
(3) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Supervisory and managerial
personnel who are responsible for
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supervising the activities of those
officers listed in this paragraph; and
(vii) Immigration officers who need
the authority to arrest persons under
section 287(a)(5)(A) of the Act in order
to effectively accomplish their
individual missions and who are
designated, individually or as a class, by
the Commissioner of CBP, or the
Assistant Secretary/Director of ICE.
(4) * * *
(ii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) CBP officers;
(F) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(G) Immigration officers who need the
authority to arrest persons under section
287(a)(5)(B) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP or the Assistant
Secretary/Director of ICE.
(iii) Notwithstanding the
authorization and designation set forth
in paragraph (c)(4)(ii) of this section, no
immigration officer is authorized to
make an arrest for any felony under the
authority of section 287(a)(5)(B) of the
Act until such time as he or she has
been certified as successfully
completing a training course
encompassing such arrests and the
standards for enforcement activities are
defined in 8 CFR 287.8. Such
certification will be valid for the
duration of the immigration officer’s
continuous employment, unless it is
suspended or revoked by the
Commissioner of CBP or the Assistant
Secretary/Director of ICE, or their
respective designees, for just cause.
(5) * * *
(ii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) CBP officers;
(F) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(G) Immigration officers who need the
authority to arrest persons under section
274(a) of the Act in order to effectively
accomplish their individual missions
and who are designated, individually or
as a class, by the Commissioner of CBP
or the Assistant Secretary/Director of
ICE.
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(d) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) Deportation officers;
(5) CBP officers;
(6) Immigration enforcement agents;
(7) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(8) Immigration officers who need the
authority to conduct searches under
section 287(c) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director
of USCIS.
(e) * * *
(1) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers;
(iv) Special agents;
(v) Deportation officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(viii) Immigration officers who need
the authority to execute search warrants
under section 287(a) of the Act in order
to effectively accomplish their
individual missions and who are
designated, individually or as a class, by
the Commissioner of CBP or the
Assistant Secretary/Director of ICE.
(2) * * *
(i) District directors (except foreign);
(ii) Deputy district directors (except
foreign);
(iii) Assistant district directors for
investigations;
(iv) Deputy assistant district directors
for investigations;
(v) Assistant district directors for
deportation;
(vi) Deputy assistant district directors
for deportation;
(vii) Assistant district directors for
examinations;
(viii) Deputy assistant district
directors for examinations;
(ix) Officers in charge (except foreign);
(x) Assistant officers in charge (except
foreign);
(xi) Chief patrol agents;
(xii) Deputy chief patrol agents;
(xiii) Division chiefs;
(xiv) Assistant chief patrol agents;
(xv) Patrol agents in charge;
(xvi) Deputy patrol agents in charge;
(xvii) Border Patrol watch
commanders;
(xviii) Special operations supervisors;
(xix) Supervisory border patrol agents;
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15:26 Sep 08, 2016
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(xx) Directors of air operations;
(xxi) Directors of marine operations;
(xxii) Supervisory air and marine
interdiction agents;
(xxiii) Executive Associate Director of
Homeland Security Investigations;
(xxiv) Institutional Hearing Program
directors;
(xxv) Director, Field Operations;
(xxvi) Assistant Director, Field
Operations;
(xxvii) Port directors;
(xxviii) Assistant port directors;
(xxix) Field operations watch
commanders;
(xxx) Field operations chiefs;
(xxxi) Supervisory deportation
officers;
(xxxii) Supervisory detention and
deportation officers;
(xxxiii) Group Supervisors;
(xxxiv) Director, Office of Detention
and Removal Operations;
(xxxv) Special Agents in Charge;
(xxxvi) Deputy Special Agents in
Charge;
(xxxvii) Associate Special Agents in
Charge;
(xxxviii) Assistant Special Agents in
Charge;
(xxxix) Field Office Directors;
(xl) Deputy Field Office Directors;
(xli) District Field Officers;
(xlii) Supervisory immigration
services officers;
(xliii) Supervisory immigration
officers;
(xliv) Supervisory asylum officers;
(xlv) Supervisory special agents;
(xlvi) Director of investigations;
(xlvii) Directors or officers in charge
of detention facilities;
(xlviii) Directors of field operations;
(xlix) Deputy or assistant directors of
field operations;
(l) Unit Chief, Law Enforcement
Support Center;
(li) Section Chief, Law Enforcement
Support Center;
(lii) Immigration Enforcement Agents;
or
(liii) Other duly authorized officers or
employees of the Department of
Homeland Security or the United States
who are delegated the authority as
provided in 8 CFR 2.1 to issue warrants
of arrest, and who have successfully
completed any required immigration
law enforcement training.
(3) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) Detention enforcement officers or
immigration enforcement agents
(warrants of arrest for administrative
immigration violations only);
(vi) CBP officers;
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62357
(vii) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(viii) Immigration officers who need
the authority to execute arrest warrants
for immigration violations under section
287(a) of the Act in order to effectively
accomplish their individual missions
and who are designated, individually or
as a class, by the Commissioner of CBP
or the Assistant Secretary/Director of
ICE.
(4) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers
(iv) Special agents;
(v) Deportation officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(viii) Immigration officers who need
the authority to execute warrants of
arrest for non-immigration violations
under section 287(a) of the Act in order
to effectively accomplish their
individual missions and who are
designated, individually or as a class, by
the Commissioner of CBP or the
Assistant Secretary/Director of ICE.
(f) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) Deportation officers;
(5) Detention enforcement officers or
immigration enforcement agents;
(6) CBP officers;
(7) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(8) Immigration officers who need the
authority to carry firearms under section
287(a) of the Act in order to effectively
accomplish their individual missions
and who are designated, individually or
as a class, by the Commissioner of CBP
or the Assistant Secretary/Director of
ICE.
■ 13. Amend § 287.8 by:
■ a. Revising paragraphs (a)(1)(iv)(A)
through (H);
■ b. Revising paragraphs (a)(2)(iii)(A)
through (H);
■ c. Revising paragraph (c)(1);
■ d. Revising paragraphs (e)(2)(i)
through (iii); and
■ e. Adding paragraphs (e)(2)(iv)
through (v).
The revisions and additions read as
follows:
§ 287.8 Standards for enforcement
activities.
*
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(a) * * *
(1) * * *
(iv) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) Detention enforcement officers or
immigration enforcement agents;
(F) CBP officers;
(G) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed in this paragraph; and
(H) Immigration officers who need the
authority to use non-deadly force under
section 287(a) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP or the Assistant
Secretary/Director of ICE.
(2) * * *
(iii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents
(D) Deportation officers;
(E) Detention enforcement officers or
immigration enforcement agents;
(F) CBP officers;
(G) Supervisory and managerial
personnel who are responsible for
supervising the activities of those
officers listed above; and
(H) Immigration officers who need the
authority to use deadly force under
section 287(a) of the Act in order to
effectively accomplish their individual
missions and who are designated,
individually or as a class, by the
Commissioner of CBP or the Assistant
Secretary/Director of ICE.
*
*
*
*
*
(c) Conduct of arrests—(1) Authority.
Only designated immigration officers
are authorized to make an arrest. The
list of designated immigration officers
may vary depending on the type of
arrest as listed in § 287.5(c)(1) through
(c)(5).
*
*
*
*
*
(e) * * *
(2) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers;
(iv) Supervisory personnel who are
responsible for supervising the activities
of those officers listed in this paragraph;
and
(v) Immigration officers who need the
authority to initiate a vehicular pursuit
in order to effectively accomplish their
individual mission and who are
designated, individually or as a class, by
the Commissioner of CBP or the
Assistant Secretary/Director of ICE.
*
*
*
*
*
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Dated: August 30, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016–21526 Filed 9–8–16; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 17
[Docket No. FDA–2016–N–1745]
Maximum Civil Money Penalty
Amounts; Technical Amendment
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
List of Subjects in 21 CFR Part 17
The Food and Drug
Administration (FDA or we) is
amending its regulations to remove the
maximum civil money penalties table
associated with statutory provisions.
This information will be included in the
Department of Health and Human
Services’ (HHS) regulations. We are
taking this action to comply with the
Federal Civil Penalties Inflation
Adjustment Act of 2015.
DATES: This rule is effective September
9, 2016.
FOR FURTHER INFORMATION CONTACT:
Jarilyn Dupont, Office of Policy, Food
and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 4248,
Silver Spring, MD 20993–0002, 301–
796–4830.
SUPPLEMENTARY INFORMATION: In the
Federal Register of February 3, 2014 (79
FR 6088), FDA issued a new regulation
in 21 CFR 17.2 to adjust for inflation the
maximum civil money penalty amounts
for the various civil money penalty
authorities within our jurisdiction and
other matters.
FDA is amending 21 CFR 17.2 to
remove the maximum civil money
penalties table associated with statutory
provisions authorizing civil money
penalties under the Federal Food, Drug,
and Cosmetic Act (the FD&C Act) or the
Public Health Service Act (PHS Act).
The Federal Civil Penalties Inflation
Adjustment Act of 2015 (Pub. L. 114–74,
November 2, 2015) requires each
Agency to adjust each civil money
penalty provided by law within the
jurisdiction of that Agency in one
regulation. In accordance with this
requirement, HHS is issuing a regulation
that, in a consolidated table, adjusts the
maximum civil money penalties
associated with statutory provisions
SUMMARY:
PO 00000
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Fmt 4700
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authorizing such penalties for all HHS
Agencies. Because this consolidated
table of these maximum civil money
penalties, including those authorized
under the FD&C Act and the PHS Act,
can be found at 45 CFR 102.3, we are
including a cross-reference to 45 CFR
102.3 in our regulations. We are taking
this action to comply with the Federal
Civil Penalties Inflation Adjustment Act
of 2015.
Publication of this document
constitutes final action under the
Administrative Procedure Act (5 U.S.C.
553). FDA has determined that notice
and public comments are unnecessary
because the amendments to the
regulations provide only technical
changes to remove and update
information and are nonsubstantive.
Administrative practice and
procedure, Penalties.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and the Public
Health Service Act, and under authority
delegated to the Commissioner of Food
and Drugs, 21 CFR part 17 is amended
as follows:
PART 17—CIVIL MONEY PENALTIES
HEARINGS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 21 U.S.C. 331, 333, 337, 351,
352, 355, 360, 360c, 360f, 360i, 360j, 371; 42
U.S.C. 262, 263b, 300aa–28; 5 U.S.C. 554,
555, 556, 557.
■
2. Revise § 17.2 to read as follows:
§ 17.2
Maximum penalty amounts.
The maximum civil money penalties
associated with the statutory provisions
authorizing civil money penalties under
the Federal Food, Drug, and Cosmetic
Act or the Public Health Service Act can
be found at 45 CFR part 102. The table
of these maximum civil money penalties
can be found at 45 CFR 102.3.
Dated: July 26, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–21705 Filed 9–8–16; 8:45 am]
BILLING CODE 4164–01–P
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]]>Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62353-62358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21526]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 236, 238, 239, 240, 241, and 287
[CBP Dec. 16-14]
Technical Corrections Relating to Issuance of Notices To Appear,
Warrants of Removal, Exercise of Power by Immigration Officers, and
Standards for Enforcement Activities
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is amending its
regulations to update various provisions that list specific immigration
officials who are authorized to perform various immigration functions,
including the issuance of notices to appear, warrants of removal, and
arrest warrants. The lists are outdated and do not reflect the current
DHS organizational structure. DHS is updating the lists with the
specific officials who are currently authorized to perform these
various functions. DHS is also making some technical corrections to
update nomenclature and outdated references in the affected provisions.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT: Border Patrol Aspects: Cipriano
Encinia, U.S. Border Patrol, Cipriano.Encinia@cbp.dhs.gov; Field
Operations Aspects: James Ryan Hutton, Office of Field Operations,
James.Hutton@cbp.dhs.gov; Air and Marine Aspects: Daniel Jordan, Air
and Marine Operations, daniel.a.jordan@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS) was established on
January 24, 2003, pursuant to the Homeland Security Act of 2002 (HSA),
Public Law 107-296, 116 Stat. 2135, codified at 6 U.S.C. 101, et seq.
Section 441 of the HSA transferred from the Commissioner of
Immigration and Naturalization Service to DHS all border security
functions, personnel, assets, and liabilities. See 6 U.S.C. 251.
Pursuant to section 1502 of the HSA, on November 25, 2002, the
President submitted to Congress a reorganization plan. See 6 U.S.C.
542. On January 30, 2003, the President submitted a modified
reorganization plan, which provided that the Customs Service, now, U.S.
Customs and Border Protection (CBP), would contain, among other things,
the resources and missions relating to borders and ports of entry of
the Customs Service and the Immigration and Naturalization Service.
This modified reorganization plan also provided that the Bureau of
Border Security, now, the U.S. Immigration and Customs Enforcement
(ICE), would contain, among other things, the detention and removal
program, the intelligence program, and the investigations program of
the Immigration and Naturalization Service.
Additionally, section 451 of the HSA established the Bureau of
Citizenship and Immigration Services, now, the U.S. Citizenship and
Immigration Services (USCIS), and transferred to it from the
Commissioner of the former Immigration and Naturalization Service all
adjudications and benefit programs. See 6 U.S.C. 271.
Under sections 1101 and 1102 of the HSA, the Department of Justice,
Executive Office for Immigration Review (EOIR) retained its functions
relating to the immigration and naturalization of aliens. See 6 U.S.C.
521.
On June 13, 2003 and November 4, 2005, DHS published two final
rules in the Federal Register (68 FR 35273 and 70 FR 67087) to conform
the text of title 8, Code of Federal Regulations (CFR) parts 236, 239,
241, and 287 to the organizational structures established by the HSA
and reorganization plans. Subsequently, the DHS organizational
structure has evolved, and this rule revises various sections in these
parts to reflect DHS's current structure. The organizational structure
described in 8 CFR parts 238, 240, 241, and 287 predates the creation
of DHS, and this rule updates various sections in these parts. In
addition, DHS is making some technical corrections to update
nomenclature and outdated references in the affected provisions. We
summarize below the provisions in title 8 CFR that we are updating.
A. Apprehension, Custody, and Detention
Title 8, CFR part 236, subpart A (8 CFR part 236, subpart A)
describes the
[[Page 62354]]
procedures for apprehending, detaining, and removing aliens under the
Immigration and Nationality Act. Specifically, 8 CFR 236.1 refers to
lists of immigration officials in Sec. 287.5(e)(2) and (e)(3) of the
chapter who are authorized to issue a warrant of arrest or to serve a
warrant of arrest and lists officials authorized to make custody
decisions.
B. Expedited Removal Proceedings
Title 8, CFR part 238 (8 CFR part 238) describes the procedures for
expedited removal of aggravated felons under the Immigration and
Nationality Act. Specifically, 8 CFR 238.1 defines a ``deciding Service
officer'' and ``issuing Service officer''. It also refers to a list of
immigration officials in Sec. 239.1 of the chapter who are authorized
to issue notices to appear and refers to a list of immigration
officials in Sec. 287.5(e)(2) of the chapter who are authorized to
issue warrants of arrest.
C. Notice To Appear
Title 8, CFR part 239 (8 CFR part 239) describes the procedures for
the initiation of removal proceedings under the Immigration and
Nationality Act. Specifically, 8 CFR 239.1 provides that any
immigration officer, or supervisor thereof, performing an inspection of
an arriving alien at a port-of-entry may issue a notice to appear to
such alien, and lists the additional officers who are authorized to
issue notices to appear.
D. Voluntary Departure--Authority of the Service
Title 8, CFR part 240, subpart C (8 CFR part 240, subpart C)
describes procedures and conditions regarding the granting of voluntary
departures from the United States. Specifically, 8 CFR 240.25 lists the
officers who are authorized to permit aliens to depart voluntarily.
E. Warrant of Removal
Title 8, CFR part 241, subpart A (8 CFR part 241, subpart A)
describes immigration post-hearing detention and removal procedures.
Specifically, 8 CFR 241.2 lists the immigration officials who are
authorized to issue warrants of removal.
F. Exercise of Power by Immigration Officers
Title 8, CFR part 287 (8 CFR part 287) describes the powers and
duties of field officers. Specifically, 8 CFR 287.5 addresses the power
and duties of immigration officers, including the power to interrogate
and administer oaths, patrol the border, arrest, conduct searches,
execute and issue warrants, and carry firearms, and lists the officials
who are authorized to perform these functions. Also, 8 CFR 287.8
describes the standards for enforcement activities conducted by
immigration officers.
G. Regulatory Amendment
The lists of immigration officials in 8 CFR 236.1, 238.1, 239.1,
240.25, 241.2, 287.5, and 287.8 have not been updated to reflect the
current organizational structure of DHS. As such, these regulations
include position titles that no longer exist in the DHS organization
and do not include position titles that were established after the
creation of DHS. Therefore, it is necessary to amend these regulations
to authorize the appropriate officials within DHS to perform the listed
functions and to remove outdated references to former position titles.
To accurately reflect the current DHS organizational structure, this
final rule amends 8 CFR 236.1, 238.1, 239.1, 240.25, 241.2, 287.5, and
287.8 by removing the outdated list of personnel authorized to perform
various immigration functions, such as issuing notices to appear,
warrants of removal, and arrest warrants and by adding language that
authorizes the appropriate DHS officials to perform these functions.
DHS is also making several additional technical corrections to
update outdated references in these sections. Specifically, DHS is
updating 8 CFR 236.1 and 238.1 to replace several outdated references
to sections in 8 CFR part 3 with sections in 8 CFR part 1003. As
provided in 8 CFR 3.0, the regulations of the Executive Office for
Immigration Review (EOIR) relating to the adjudication of immigration
matters before immigration judges and the Board of Immigration Appeals
are now located in 8 CFR chapter V, part 1003, rather than in part 3.
In a final rule published in the Federal Register on February 28, 2003
(68 FR 9824), the Department of Justice moved the provisions to reflect
the division of authority between DHS and EOIR after the enactment of
the HSA. DHS is also removing the obsolete references to the title
``Commissioner'' and ``Assistant Secretary for ICE'' and replacing them
with the current title ``Assistant Secretary/Director of ICE'' in 8 CFR
236.1, 287.5, and 287.8. These changes will reflect the current DHS
structure.
II. Statutory and Regulatory Requirements
A. Inapplicability of Public Notice and Delayed Effective Date
Requirements
Under the Administrative Procedure Act (5 U.S.C. 553(b)),
rulemakings generally require prior notice and comment, subject to
specified exceptions. As provided in 5 U.S.C. 553(b)(A) and (B), this
procedure does not apply to rules of agency organization, procedure,
practice; or when the agency for good cause finds that notice and
comment are impracticable, unnecessary, or contrary to the public
interest. This final rule amends the regulations to reflect the correct
position titles for those officials who are authorized to issue notices
to appear, warrants of removal, arrest warrants, and to perform various
additional immigration functions and makes some technical corrections
to update nomenclature and outdated references in the affected
provisions. DHS finds that this is a rule of agency organization,
procedure, or practice, which is not subject to notice and comment
rulemaking. DHS also finds that good cause exists to issue the rule
without prior notice and comment and that this procedure is not
necessary because the rule has no substantive impact, is technical in
nature, and it relates to management, organization, procedure, and
practice. For the same reasons, pursuant to 5 U.S.C. 553(d)(3), a
delayed effective date is not required.
B. The Regulatory Flexibility Act and Executive Orders 12866 and 13563
Because no notice of proposed rulemaking is required, the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply. This amendment does not meet the criteria for a
``significant regulatory action'' as specified in Executive Order
12866, as supplemented by Executive Order 13563.
List of Subjects
8 CFR Parts 236, 239, and 241
Administrative practice and procedure, Aliens, Immigration.
8 CFR Parts 238 and 240
Administrative practice and procedure, Aliens.
8 CFR Part 287
Immigration, Law enforcement officers.
Amendments to Regulations
For the reasons set forth above, parts 236, 238, 239, 240, 241, and
287 of title 8 of the Code of Federal Regulations (8 CFR parts 236,
238, 239, 240, 241, and 287) are amended as set forth below.
[[Page 62355]]
PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE
ALIENS; REMOVAL OF ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
0
1. The authority citation for part 236 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224,
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part
2.
Sec. 236.1 [Amended]
0
2. Amend Sec. 236.1 as follows:
0
a. In paragraph (c)(7), remove the word ``Commissioner'' and add in its
place ``Assistant Secretary/Director of ICE'';
0
b. In paragraph (c)(10), remove the reference to ``Sec. 3.19'' and add
in its place ``Sec. 1003.19'';
0
c. In paragraph (c)(11), remove the reference to ``Sec. 3.19(h)'' and
add in its place ``Sec. 1003.19(h)'';
0
d. In paragraph (d)(1), remove the reference to ``Sec. 3.19'' and add
in its place ``Sec. 1003.19'';
0
e. In paragraph (d)(3)(i), remove the reference to ``Sec. 3.38'' and
add in its place ``Sec. 1003.38'';
0
f. In paragraph (d)(4), remove the reference to ``Sec. 3.19(i)'' and
add in its place ``Sec. 1003.19(i)''.
0
g. In paragraph (f), remove the reference to ``Sec. 3.19(g)'' and add
in its place ``Sec. 1003.19(g)''.
PART 238--EXPEDITED REMOVAL OF AGGRAVATED FELONS
0
3. The authority citation for part 238 continues to read as follows:
Authority: 8 U.S.C. 1228; 8 CFR part 2.
Sec. 238.1 [Amended]
0
4. In Sec. 238.1 amend paragraph (b)(1)(iii) by removing the reference
to ``Sec. 3.41'' and adding in its place ``Sec. 1003.41''.
PART 239--GENERAL PROVISIONS
0
5. The authority citation for part 239 continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1229; Homeland Security Act of
2002, Public Law 107-296; 8 CFR part 2.
0
6. Amend Sec. 239.1 by revising paragraphs (a)(1) through (a)(41) and
adding paragraphs (a)(42) through (a)(46). The revisions and additions
read as follows:
Sec. 239.1 Notice to appear.
(a) * * *
(1) District directors (except foreign);
(2) Deputy district directors (except foreign);
(3) Chief patrol agents;
(4) Deputy chief patrol agents;
(5) Division chiefs;
(6) Assistant chief patrol agents;
(7) Patrol agents in charge;
(8) Deputy patrol agents in charge;
(9) Border patrol watch commanders;
(10) Special operations supervisors;
(11) Supervisory border patrol agents;
(12) Directors of air operations;
(13) Directors of marine operations;
(14) Supervisory air and marine interdiction agents;
(15) Service center directors;
(16) Deputy service center directors;
(17) Assistant service center directors for examinations;
(18) Supervisory immigration services officers;
(19) Supervisory immigration officers;
(20) Supervisory asylum officers;
(21) Officers in charge (except foreign);
(22) Assistant officers in charge (except foreign);
(23) Special agents in charge;
(24) Deputy special agents in charge;
(25) Associate special agents in charge;
(26) Assistant special agents in charge;
(27) Resident agents in charge;
(28) Supervisory special agents;
(29) Directors of investigations;
(30) District directors for interior enforcement;
(31) Deputy or assistant district directors for interior
enforcement;
(32) Director of enforcement and removal operations;
(33) Field office directors;
(34) Deputy field office directors;
(35) Supervisory deportation officers;
(36) Supervisory detention and deportation officers;
(37) Directors or officers in charge of detention facilities;
(38) Directors of field operations;
(39) Assistant directors of field operations;
(40) Port directors;
(41) Assistant port directors;
(42) Field operations watch commanders;
(43) Field operations chiefs;
(44) Unit Chief, Law Enforcement Support Center;
(45) Section Chief, Law Enforcement Support Center; or
(46) Other duly authorized officers or employees of the Department
of Homeland Security or of the United States who are delegated the
authority as provided by 8 CFR 2.1 to issue notices to appear, and who
have successfully completed any required immigration law enforcement
training.
* * * * *
PART 240--GENERAL PROVISIONS
0
7. The authority citation for part 240 continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227,
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat.
2681); 8 CFR part 2.
Sec. 240.25 [Amended]
0
8. Amend Sec. 240.25 paragraph (a) by removing the words ``Deputy
Executive Associate Commissioner for Detention and Removal'' and adding
in their place ``Deputy Executive Associate Director for Enforcement
and Removal Operations''.
PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
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9. The authority citation for part 241 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223,
1224, 1225, 1226, 1227, 1228, 1231, 1251, 1253, 1255, 1330, 1362; 18
U.S.C. 4002, 4013(c)(4); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C.
101, et seq.); 8 CFR part 2.
0
10. Amend Sec. 241.2:
0
a. By revising paragraph (a)(1); and
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b. In paragraph (a)(2), by removing the reference to ``(xxv)'' and
adding in its place ``(xxxi)''.
The revision reads as follows:
Sec. 241.2 Warrant of removal.
(a) Issuance of a warrant of removal--(1) In general. A Form I-205,
Warrant of Removal, based on the final administrative removal order in
the alien's case will be issued by any of the following immigration
officials:
(i) Director, Enforcement and Removal Operations;
(ii) Deputy Assistant Director, Field Operations;
(iii) Field Office Directors;
(iv) Deputy Field Office Directors;
(v) Assistant Field Office Directors;
(vi) Officers in Charge;
(vii) Special Agents in Charge;
(viii) Deputy Special Agents in Charge;
(ix) Associate Special Agents in Charge;
(x) Assistant Special Agents in Charge;
(xi) Group Supervisors;
(xii) Resident Agents in Charge;
(xiii) District Field Officers;
(xiv) Chief Patrol Agents;
(xv) Deputy Chief Patrol Agents;
(xvi) Division Chiefs;
(xvii) Assistant Chief Patrol Agents;
(xviii) Patrol Agents in Charge;
(xix) Deputy Patrol Agents in Charge;
[[Page 62356]]
(xx) Watch Commanders, Border Patrol;
(xxi) Director of Air Operations;
(xxii) Director of Marine Operations;
(xxiii) Supervisory Air and Marine Interdiction Agents;
(xxiv) Unit Chief, Law Enforcement Support Center;
(xxv) Section Chief, Law Enforcement Support Center;
(xxvi) Port Directors;
(xxvii) Assistant Port Directors;
(xxviii) Directors, Field Operations;
(xxix) Assistant Directors, Field Operations;
(xxx) Watch Commanders, Field Operations;
(xxxi) Chiefs, Field Operations; and
(xxxii) Other duly authorized officers or employees of the
Department of Homeland Security or the United States who are delegated
the authority as provided in 8 CFR 2.1 to issue Warrants of Removal,
and who have successfully completed any required immigration law
enforcement training.
* * * * *
PART 287--GENERAL PROVISIONS
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11. The authority citation for part 287 continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357;
Homeland Security Act of 2002, Pub. L. 107-296 (6 U.S.C. 1, et
seq.); 8 CFR part 2.
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12. Amend Sec. 287.5 by:
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a. Revising paragraphs (b)(1) through (6);
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b. Revising paragraphs (c)(1)(i) through (viii);
0
c. Revising paragraphs (c)(2)(i) through (viii);
0
d. Revising paragraphs (c)(3)(i) through (vii);
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e. Revising paragraphs (c)(4)(ii)(A) through (G);
0
f. Revising paragraph (c)(4)(iii);
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g. Revising paragraphs (c)(5)(ii)(A) through (G);
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h. Revising paragraphs (d)(1) through (8);
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i. Revising paragraphs (e)(1)(i) through (vi);
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j. Adding paragraphs (e)(1)(vii) through (viii),
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k. Revising paragraphs (e)(2)(i) through (l);
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l. Adding paragraphs (e)(2)(li) through (liii);
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m. Revising paragraphs (e)(3)(i) through (viii);
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n. Revising paragraphs (e)(4)(i) through (vi);
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o. Adding paragraphs (e)(4)(vii) through (viii); and
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p. Revising paragraphs (f)(1) through (8).
The revisions and additions read as follows:
Sec. 287.5 Exercise of power by immigration officers.
* * * * *
(b) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) CBP officers;
(5) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(6) Immigration officers who need the authority to patrol the
border under section 287(a)(3) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, or the
Assistant Secretary/Director of ICE.
(c) * * *
(1) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(viii) Immigration officers who need the authority to arrest aliens
under section 287(a)(2) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP, the Assistant Secretary/Director of
ICE, or the Director of the USCIS.
(2) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(viii) Immigration officers who need the authority to arrest
persons under section 287(a)(4) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, the Assistant
Secretary/Director of ICE, or the Director of the USCIS.
(3) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) CBP officers;
(vi) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(vii) Immigration officers who need the authority to arrest persons
under section 287(a)(5)(A) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP, or the
Assistant Secretary/Director of ICE.
(4) * * *
(ii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) CBP officers;
(F) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(G) Immigration officers who need the authority to arrest persons
under section 287(a)(5)(B) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP or the Assistant
Secretary/Director of ICE.
(iii) Notwithstanding the authorization and designation set forth
in paragraph (c)(4)(ii) of this section, no immigration officer is
authorized to make an arrest for any felony under the authority of
section 287(a)(5)(B) of the Act until such time as he or she has been
certified as successfully completing a training course encompassing
such arrests and the standards for enforcement activities are defined
in 8 CFR 287.8. Such certification will be valid for the duration of
the immigration officer's continuous employment, unless it is suspended
or revoked by the Commissioner of CBP or the Assistant Secretary/
Director of ICE, or their respective designees, for just cause.
(5) * * *
(ii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) CBP officers;
(F) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(G) Immigration officers who need the authority to arrest persons
under section 274(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP or the Assistant Secretary/Director
of ICE.
* * * * *
[[Page 62357]]
(d) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) Deportation officers;
(5) CBP officers;
(6) Immigration enforcement agents;
(7) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(8) Immigration officers who need the authority to conduct searches
under section 287(c) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP, the Assistant Secretary/Director of
ICE, or the Director of USCIS.
(e) * * *
(1) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers;
(iv) Special agents;
(v) Deportation officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(viii) Immigration officers who need the authority to execute
search warrants under section 287(a) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP or the Assistant
Secretary/Director of ICE.
(2) * * *
(i) District directors (except foreign);
(ii) Deputy district directors (except foreign);
(iii) Assistant district directors for investigations;
(iv) Deputy assistant district directors for investigations;
(v) Assistant district directors for deportation;
(vi) Deputy assistant district directors for deportation;
(vii) Assistant district directors for examinations;
(viii) Deputy assistant district directors for examinations;
(ix) Officers in charge (except foreign);
(x) Assistant officers in charge (except foreign);
(xi) Chief patrol agents;
(xii) Deputy chief patrol agents;
(xiii) Division chiefs;
(xiv) Assistant chief patrol agents;
(xv) Patrol agents in charge;
(xvi) Deputy patrol agents in charge;
(xvii) Border Patrol watch commanders;
(xviii) Special operations supervisors;
(xix) Supervisory border patrol agents;
(xx) Directors of air operations;
(xxi) Directors of marine operations;
(xxii) Supervisory air and marine interdiction agents;
(xxiii) Executive Associate Director of Homeland Security
Investigations;
(xxiv) Institutional Hearing Program directors;
(xxv) Director, Field Operations;
(xxvi) Assistant Director, Field Operations;
(xxvii) Port directors;
(xxviii) Assistant port directors;
(xxix) Field operations watch commanders;
(xxx) Field operations chiefs;
(xxxi) Supervisory deportation officers;
(xxxii) Supervisory detention and deportation officers;
(xxxiii) Group Supervisors;
(xxxiv) Director, Office of Detention and Removal Operations;
(xxxv) Special Agents in Charge;
(xxxvi) Deputy Special Agents in Charge;
(xxxvii) Associate Special Agents in Charge;
(xxxviii) Assistant Special Agents in Charge;
(xxxix) Field Office Directors;
(xl) Deputy Field Office Directors;
(xli) District Field Officers;
(xlii) Supervisory immigration services officers;
(xliii) Supervisory immigration officers;
(xliv) Supervisory asylum officers;
(xlv) Supervisory special agents;
(xlvi) Director of investigations;
(xlvii) Directors or officers in charge of detention facilities;
(xlviii) Directors of field operations;
(xlix) Deputy or assistant directors of field operations;
(l) Unit Chief, Law Enforcement Support Center;
(li) Section Chief, Law Enforcement Support Center;
(lii) Immigration Enforcement Agents; or
(liii) Other duly authorized officers or employees of the
Department of Homeland Security or the United States who are delegated
the authority as provided in 8 CFR 2.1 to issue warrants of arrest, and
who have successfully completed any required immigration law
enforcement training.
(3) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) Special agents;
(iv) Deportation officers;
(v) Detention enforcement officers or immigration enforcement
agents (warrants of arrest for administrative immigration violations
only);
(vi) CBP officers;
(vii) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(viii) Immigration officers who need the authority to execute
arrest warrants for immigration violations under section 287(a) of the
Act in order to effectively accomplish their individual missions and
who are designated, individually or as a class, by the Commissioner of
CBP or the Assistant Secretary/Director of ICE.
(4) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers
(iv) Special agents;
(v) Deportation officers;
(vi) Immigration enforcement agents;
(vii) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(viii) Immigration officers who need the authority to execute
warrants of arrest for non-immigration violations under section 287(a)
of the Act in order to effectively accomplish their individual missions
and who are designated, individually or as a class, by the Commissioner
of CBP or the Assistant Secretary/Director of ICE.
(f) * * *
(1) Border patrol agents;
(2) Air and marine agents;
(3) Special agents;
(4) Deportation officers;
(5) Detention enforcement officers or immigration enforcement
agents;
(6) CBP officers;
(7) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(8) Immigration officers who need the authority to carry firearms
under section 287(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP or the Assistant Secretary/Director
of ICE.
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13. Amend Sec. 287.8 by:
0
a. Revising paragraphs (a)(1)(iv)(A) through (H);
0
b. Revising paragraphs (a)(2)(iii)(A) through (H);
0
c. Revising paragraph (c)(1);
0
d. Revising paragraphs (e)(2)(i) through (iii); and
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e. Adding paragraphs (e)(2)(iv) through (v).
The revisions and additions read as follows:
Sec. 287.8 Standards for enforcement activities.
* * * * *
[[Page 62358]]
(a) * * *
(1) * * *
(iv) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents;
(D) Deportation officers;
(E) Detention enforcement officers or immigration enforcement
agents;
(F) CBP officers;
(G) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed in this paragraph;
and
(H) Immigration officers who need the authority to use non-deadly
force under section 287(a) of the Act in order to effectively
accomplish their individual missions and who are designated,
individually or as a class, by the Commissioner of CBP or the Assistant
Secretary/Director of ICE.
(2) * * *
(iii) * * *
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents
(D) Deportation officers;
(E) Detention enforcement officers or immigration enforcement
agents;
(F) CBP officers;
(G) Supervisory and managerial personnel who are responsible for
supervising the activities of those officers listed above; and
(H) Immigration officers who need the authority to use deadly force
under section 287(a) of the Act in order to effectively accomplish
their individual missions and who are designated, individually or as a
class, by the Commissioner of CBP or the Assistant Secretary/Director
of ICE.
* * * * *
(c) Conduct of arrests--(1) Authority. Only designated immigration
officers are authorized to make an arrest. The list of designated
immigration officers may vary depending on the type of arrest as listed
in Sec. 287.5(c)(1) through (c)(5).
* * * * *
(e) * * *
(2) * * *
(i) Border patrol agents;
(ii) Air and marine agents;
(iii) CBP officers;
(iv) Supervisory personnel who are responsible for supervising the
activities of those officers listed in this paragraph; and
(v) Immigration officers who need the authority to initiate a
vehicular pursuit in order to effectively accomplish their individual
mission and who are designated, individually or as a class, by the
Commissioner of CBP or the Assistant Secretary/Director of ICE.
* * * * *
Dated: August 30, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-21526 Filed 9-8-16; 8:45 am]
BILLING CODE 9111-14-P
