Rule2024-18735
Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2024
Effective
August 28, 2024
Issuing agencies
Homeland Security Department
Abstract
USCIS is correcting a final rule that published in the Federal Register on April 30, 2024. The final rule amended DHS regulations governing the requirements and procedures for victims of a severe form of trafficking in persons seeking T nonimmigrant status. These technical corrections will fix typographical and non-substantive technical errors.
Full Text
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68081-68083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18735]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 164 / Friday, August 23, 2024 / Rules
and Regulations
[[Page 68081]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 212, 214, 245, and 274a
[CIS No. 2783-24; DHS Docket No. USCIS 2011-0010]
RIN 1615-AA59
Classification for Victims of Severe Forms of Trafficking in
Persons; Eligibility for ``T'' Nonimmigrant Status; Correction
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Final rule; correction.
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SUMMARY: USCIS is correcting a final rule that published in the Federal
Register on April 30, 2024. The final rule amended DHS regulations
governing the requirements and procedures for victims of a severe form
of trafficking in persons seeking T nonimmigrant status. These
technical corrections will fix typographical and non-substantive
technical errors.
DATES: Effective August 28, 2024.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Office of
Policy and Strategy, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 5900 Capital Gateway Dr., Camp
Springs, MD 20746; telephone 240-721-3000 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
I. Background
On April 30, 2024, the Department of Homeland Security (DHS)
published a final rule in the Federal Register at 89 FR 34864 (FR Doc.
2024-09022). The final rule amends DHS regulations governing the
requirements and procedures for victims of a severe form of trafficking
in persons seeking T nonimmigrant status. After review of the published
document, DHS identified a few errors in the preamble and regulatory
text.
This document, in the section titled ``Correction of Errors and
Technical Amendments,'' identifies and corrects several technical and
typographical errors in the final rule. The provisions in this document
are effective as if they had been included in the final rule that
published in the Federal Register on April 30, 2024.
Accordingly, the corrections are effective on August 28, 2024 at 12
a.m. Eastern Time. This document does not change how DHS will apply the
final rule, i.e., DHS will apply the corrected provisions to
applications pending on, or filed on or after, August 28, 2024.
II. Summary and Explanation of Technical Corrections
A. Minimum Contact With Law Enforcement
At 8 CFR 214.208(b), the final rule discusses what constitutes
``minimum contact'' with law enforcement for purposes of meeting the
requirement that an applicant comply with any reasonable request for
assistance from law enforcement. In one sentence in the preamble, the
rule mistakenly refers to a minimum ``conduct'' requirement, rather
than ``contact.'' \1\ Therefore, on page 34882, second column, DHS
removes the word ``conduct'' and replaces it with the word ``contact''
to correctly refer to the requirement that an applicant must have
contact with law enforcement.
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\1\ 89 FR at 34882.
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B. Any Credible Evidence
This document corrects an inadvertently omitted phrase in the
regulatory text describing the ``any credible evidence'' provision.\2\
The preamble states the rule makes clear that applicants can submit any
credible evidence related to all the eligibility requirements for both
principal applicants and derivative applicants, citing specifically to
8 CFR 214.204(c) and (l) as examples.\3\ The regulation at 8 CFR
214.204(c)(2) reinforces the preamble's discussion of the ``any
credible evidence'' provision and is consistent with the regulatory
text at 8 CFR 214.204(l), which emphasizes that applicants may submit
such evidence to establish any of the eligibility requirements.
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\2\ See, e.g., 8 CFR 214.204(l); 89 FR at 34866, 34868, 34871,
34885.
\3\ 89 FR at 34885.
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At 8 CFR 214.204(c)(2), the final rule states an Application for T
Nonimmigrant Status must include any credible evidence supporting any
of the eligibility requirements set out in Sec. Sec. 214.206 through
214.208. The eligibility requirements, however, extend through 8 CFR
214.209 (Extreme Hardship).
DHS inadvertently omitted this reference to extreme hardship as one
of the eligibility requirements to be proven by any credible
evidence,\4\ as indicated by the specific preamble language referenced
above, as well as by DHS's clear intent throughout the preamble and
regulatory text. Therefore, DHS is correcting the regulatory text at
214.204(c)(2) on page 34933, second column, to provide that an
Application for T Nonimmigrant Status must include any credible
evidence supporting any of the eligibility requirements set out in
Sec. Sec. 214.206 through 214.209.
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\4\ See 89 FR at 34933.
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C. Bona Fide Determinations (BFD)
DHS noted several technical and typographical errors in the portion
of the final rule that creates a modified BFD process that generally
applies only to applications that are filed on or after the effective
date of the rule, August 28, 2024.\5\ Through this process, USCIS may
grant deferred action and employment authorization to applicants with
bona fide Applications for T Nonimmigrant Status if they merit a
favorable exercise of discretion.\6\
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\5\ See 8 CFR 214.205.
\6\ See 8 CFR 214.205; 89 FR at 34875.
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Effective Date of Modified Bona Fide Determination Process
In the preamble to the final rule, DHS indicated that this BFD
process applies to cases filed ``on or after the effective date'' of
the final rule.\7\ The regulatory text, however, indicates that DHS
will conduct bona fide reviews on applications ``submitted after August
28, 2024.'' \8\ The regulatory text inadvertently omitted the text ``on
or'' before the word ``after'' to indicate that the BFD process would
apply to applications received on August 28, 2024. Therefore, DHS
corrects the regulatory text, 8 CFR 214.205(a) (on
[[Page 68082]]
page 34934, second column) to indicate that if an Application for T
Nonimmigrant Status is submitted on or after August 28, 2024, USCIS
will conduct an initial review to determine if the application is bona
fide.\9\
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\7\ 89 FR at 34875.
\8\ 8 CFR 214.205(a).
\9\ See 89 FR at 34934, second column.
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Bona Fide Determination Employment Authorizations Documents (EAD)
This document corrects an erroneously omitted reference in the
section describing the automatic conversion for previously filed
applications for employment authorization to applications for the newly
created BFD EAD classification.\10\ DHS identified those previously
filed applications as being under the categories (a)(16) or (25);
however, there is no (a)(25) category. DHS inadvertently failed to
include the ``(c)'' prior to ``(25)'' to signify the EAD category for T
derivatives. Therefore, on page 34875, second column, DHS adds the text
``(c)'' in front of ``(25)'' to include the appropriate EAD category,
thus indicating that DHS will automatically convert previously filed
applications for employment authorization filed under 8 CFR
274a.12(a)(16) and (c)(25) to applications for the newly created BFD
EAD classification.
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\10\ See 89 FR at 34875.
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Bona Fide Determinations for Applicants in Removal Proceedings
The final rule inadvertently omitted a reference to the Application
for T Nonimmigrant Status in the section describing bona fide
determinations for applicants in removal proceedings, which applies to
individuals with Applications for T Nonimmigrant Status or Applications
for Derivative T Nonimmigrant Status.\11\ However, the next sentence
indicates that in such cases, ICE may exercise prosecutorial discretion
while USCIS adjudicates an Application for Derivative T Nonimmigrant
Status, and does not mention an Application for T Nonimmigrant
Status.\12\ This omission was inadvertent, as the prior sentence
clearly indicates the section should apply to both principal and
derivative applications for T nonimmigrant status. Therefore, DHS is
correcting the regulatory text at 8 CFR 214.205(f), on page 34935,
first column, to indicate that ICE may exercise prosecutorial
discretion while USCIS adjudicates an Application for T Nonimmigrant
Status or an Application for Derivative T Nonimmigrant Status. This
correction is consistent with the remainder of the section and DHS's
intent.\13\
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\11\ See 214.204(f); 89 FR at 34935, first column.
\12\ Id.
\13\ See 8 CFR 214.205(f).
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D. Age-Out Provisions
This document corrects an erroneously omitted change to regulatory
text for consistency and clarity. The final rule contained new 8 CFR
214.211(e)(3), on page 34939, first column, which stated that the age-
out protections apply to a derivative child applicant who is under age
21 at the time the principal filed the Application for T Nonimmigrant
Status, but turns 21 during the pendency of the principal's Application
for T Nonimmigrant Status. This change conformed the regulatory
provisions with INA section 214(o)(4), 8 U.S.C. 1184(o)(4), which only
applies the age-out protections if the child turns 21 after the
principal's Application for T Nonimmigrant Status is filed, but while
it is pending.\14\ However, the final rule erroneously did not change 8
CFR 214.211(e)(2)(i), the age-out protection relating to principal
applicants under the age of 21, to be consistent with identical age-out
protection language at INA section 214(o)(5), 8 U.S.C. 1184(o)(5),
which similarly preserves the eligibility of parents and siblings under
the age of 18 as derivative applicants only if the principal applicant
turns 21 after the Application for T Nonimmigrant Status is filed, but
while it is pending.\15\ Therefore, DHS is correcting the regulatory
text at 8 CFR 214.211(e)(2)(i), on page 34938, third column, to clarify
that the age-out protection only applies if the principal applicant
turns 21 after the principal's Application for T Nonimmigrant Status is
filed, but while it is pending.
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\14\ ``An unmarried alien who seeks to accompany, or follow to
join, a parent granted status under section 1101(a)(15)(T)(i) of
this title, and who was under 21 years of age on the date on which
such parent applied for such status, shall continue to be classified
as a child for purposes of section 1101(a)(15)(T)(ii) of this title,
if the alien attains 21 years of age after such parent's application
was filed but while it was pending.'' INA section 214(o)(4); 8 U.S.C
1184(o)(4) (emphasis added).
\15\ ``An alien described in clause (i) of section
1101(a)(15)(T) of this title shall continue to be treated as an
alien described in clause (ii)(I) of such section if the alien
attains 21 years of age after the alien's application for status
under such clause (i) is filed but while it is pending.'' INA
section 214(o)(5); 8 U.S.C 1184(o)(5) (emphasis added).
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III. Administrative Procedure Act
Section 553(b) of the Administrative Procedure Act (APA) generally
requires agencies to publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section
553(d) of the APA requires agencies to delay the effective date of
final rules by a minimum of 30 days after the date of their publication
in the Federal Register. 5 U.S.C. 553(d). Both of these requirements
can be waived if an agency finds, for good cause, that the notice and
comment process and/or delayed effective date is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice. 5
U.S.C. 553(b)(B), (d)(3).
DHS believes there is good cause for publishing this document
without prior notice and opportunity for public comment and with an
effective date of less than 30 days because such procedures are
unnecessary. This document corrects technical and typographic errors in
the preamble and regulatory text and does not make substantive changes
to the policies in the final rule. This document merely conforms
erroneous portions of the final rule to the agency's clearly expressed
contemporaneous intent. Therefore, DHS believes that it has good cause
to waive the notice and comment and effective date requirements of
section 553 of the APA.
IV. Correction of Errors and Technical Amendments
Accordingly, the publication final rule at 89 FR 34864 (FR Doc.
2024-09022) is corrected as follows:
A. Correction of Errors in the Preamble
1. On page 34875, in the second column, lines 35-36, the language
``8 CFR 274a.12(a)(16) and (25)'' is corrected to read ``8 CFR
274a.12(a)(16) and (c)(25).''
2. On page 34882, in the second column, line 36, remove the word
``conduct'' and add in its place the word ``contact.''
3. On page 34886, in the first column, lines 50-52, remove the
sentence ``DHS has also amended new 8 CFR 214.211(e)(3) to state that
the age-out protections apply to a child who may turn 21 during the
pendency of the principal's application for T nonimmigrant status'' and
add in its place the sentence ``DHS has also amended new 8 CFR
214.211(e)(2) and (3) to state that the age-out protections apply to a
child (principal or derivative) who may turn 21 during the pendency of
the principal's application for T nonimmigrant status.''
B. Correction of Errors in the Regulatory Text
0
4. On page 34933, in the second column, in instruction 7 in Subpart C,
at Sec. 214.204, correct paragraph (c)(2) to read as follows:
[[Page 68083]]
Sec. 214.204 [Corrected]
* * * * *
(c) * * *
(2) Any credible evidence that supports any of the eligibility
requirements set out in Sec. Sec. 214.206 through 214.209.
0
5. On page 34934, in the second column, in instruction 7 in Subpart C,
at Sec. 214.205, correct paragraph (a) to read as follows:
Sec. 214.205 [Corrected]
(a) Bona fide determinations for principal applicants for T
nonimmigrant status. If an Application for T Nonimmigrant Status is
submitted on or after August 28, 2024, USCIS will conduct an initial
review to determine if the application is bona fide.
* * * * *
0
6. On page 34935, in the first column, in instruction 7 in Subpart C,
at Sec. 214.205, correct paragraph (f) to read as follows:
Sec. 214.205 [Corrected]
* * * * *
(f) Bona fide determinations for applicants in removal proceedings.
This section applies to applicants whose Applications for T
Nonimmigrant Status or Applications for Derivative T Nonimmigrant
Status have been deemed bona fide and who are in removal proceedings
under section 240 of the Act, or in exclusion or deportation
proceedings under former sections 236 or 242 of the Act (as in effect
prior to April 1, 1997). In such cases, ICE may exercise prosecutorial
discretion, as appropriate, while USCIS adjudicates an Application for
T Nonimmigrant Status or an Application for Derivative T Nonimmigrant
Status.
* * * * *
0
7. On page 34938, in the third column, in instruction 7 in Subpart C,
at Sec. 214.211, correct paragraph (e)(2)(i) to read as follows:
Sec. 214.211 [Corrected]
* * * * *
(e) * * *
(2) Age-out protection for eligible family members of a principal
applicant under 21 years of age. (i) If the T-1 principal applicant was
under 21 years of age when they applied for T-1 nonimmigrant status but
reached 21 years of age while the principal application was still
pending, USCIS will continue to consider a parent or unmarried sibling
as an eligible family member.
* * * * *
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of
Homeland Security.
[FR Doc. 2024-18735 Filed 8-22-24; 8:45 am]
BILLING CODE 9111-97-P
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