Making Federal Government Immigration Re...

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Making Federal Government Immigration Regulations

Once Congress passes a law, rules or regulations are developed by an agency. These rules/regulations describe how the agency will implement the law. "Rules" and "regulations" mean the same thing. The Office of the Federal Register is the official government entity responsible for publishing all agency rules and regulations. INS rules/regulations are primarily found in Title 8 of the Code of Federal Regulations (8 CFR).

Regulatory documents can amend, or propose to amend, the Code of Federal Regulations (CFR) by adding new language (text), revising or removing existing language, or by correcting existing language.

The Commissioner of the Immigration and Naturalization Service is delegated responsibility by the Attorney General to develop and publish changes to US immigration rules and regulations found in 8 CFR. The Commissioner may prescribe rules and regulations as necessary or appropriate to carry out the functions of the INS. These rules and regulations are subject to the Administrative Procedures Act (5 U.S.C. 553). It is not necessary for every provision of law to be interpreted or implemented by a federal regulation.

Public Notices, Rules and Regulations

Proposed rules. These are documents published in the Federal Register that propose changes to an Agency's regulations in the CFR and request public comments on those suggested changes. In compliance with the Administrative Procedures Act (APA) (5 U.S.C. 553), most documents should be published first as proposed rules.

Interim rules. Usually an Agency will issue an interim rule if there is a statutory or emergency requirement to issue regulations immediately. Interim rules are documents that have the same legal effect as final rules in that they amend the CFR and give an effective date. Even though there is an effective date for the interim rule, INS often asks for public comments. After the comment period expires, INS amends the interim rule by issuing a final rule.

Final rules. Final rules are documents that formally change/amend the CFR by adding, revising, or removing language/text, sections, or whole parts of the existing regulations. Public comments submitted in response to a Proposed or Interim rule may lead to the INS' modification of its final regulations. A regulatory document that amends the CFR text must publish each change to the CFR in full and state the effective date for any change.

Notices are documents published in the Federal Register that discuss or explain matters of general concern to the public and are published for public information. Typical notice documents announce meetings and application submission dates. Notices do not amend the CFR.

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