Rule2026-16252
Immigration Bonds; Technical Amendment
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 10, 2026
Effective
August 6, 2026
Issuing agencies
Homeland Security Department
Abstract
The Department of Homeland Security (DHS) is making non- substantive technical revisions to its immigration bond regulation to remove form numbers and legacy job titles from its provisions. It also makes other non-substantive revisions to this regulation to improve the clarity of the CFR. This action is editorial in nature and does not impose any new regulatory requirements on affected parties.
Full Text
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<title>Federal Register, Volume 91 Issue 152 (Monday, August 10, 2026)</title>
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[Federal Register Volume 91, Number 152 (Monday, August 10, 2026)]
[Rules and Regulations]
[Pages 51359-51360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16252]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 91, No. 152 / Monday, August 10, 2026 / Rules
and Regulations
[[Page 51359]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 103
Immigration Bonds; Technical Amendment
AGENCY: Department of Homeland Security.
ACTION: Final rule; technical amendment.
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SUMMARY: The Department of Homeland Security (DHS) is making non-
substantive technical revisions to its immigration bond regulation to
remove form numbers and legacy job titles from its provisions. It also
makes other non-substantive revisions to this regulation to improve the
clarity of the CFR. This action is editorial in nature and does not
impose any new regulatory requirements on affected parties.
DATES: This rule is effective on August 6, 2026.
FOR FURTHER INFORMATION CONTACT: Border Security and Immigration
Policy, Office of Strategy, Policy, and Plans, Department of Homeland
Security, 2707 Martin Luther King Jr. Ave. SE, Washington, DC 20528-
0445; telephone (202) 447-3459 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
A. Legal Authority
The Homeland Security Act of 2002, Public Law 107-296, section 102,
116 Stat. 2135 (Nov. 25, 2002), 6 U.S.C. 112, and the Immigration and
Nationality Act of 1952 (INA), as amended, section 103(a)(1), 8 U.S.C.
1103(a)(1), charge the Secretary of DHS (the Secretary) with
administration and enforcement of the immigration and naturalization
laws. The Secretary promulgates this final rule under the broad
authority to administer DHS, and the authorities provided under the
Homeland Security Act of 2002, the immigration and nationality laws,
and other delegated authority.
The Secretary is charged with the administration and enforcement of
laws relating to the immigration and naturalization of aliens and
``shall [. . .] prescribe such forms of bond'' as deemed necessary for
carrying out the authority under the INA. See INA 103(a)(1), (3), 8
U.S.C. 1103(a)(1), (3). Additionally, the Secretary ``at any time may
revoke a bond'' authorized under INA 236(a)(2), re-arrest the alien,
and detain him or her. See INA 236(b), 8 U.S.C. 1226(b).
B. Technical Revisions
Currently, 8 CFR 103.6 lists a form number each time a form is
required by this provision. This rule removes the specific form numbers
referenced in the regulatory text and replaces the number with a
description of the necessary form. This rule also makes minor revision
to Sec. 103.6(c)(1) to clarify that aliens may request a cancellation
of a bond using a form designated by DHS. DHS is making this change to
avoid frequent amendments to the CFR when form numbers and names
change.
DHS is also removing legacy Immigration and Naturalization Service
job titles that are not used by all DHS components. Terms ``district
director,'' ``regional director,'' and ``Service officer'' are
referenced in Sec. 103.6 are being replaced because not every DHS
component that accepts, monitors, and cancels immigration bonds uses
these job titles. DHS is replacing these titles with the phrase
``designated official'' and ``immigration officer,'' respectively. This
change removes obsolete and confusing legacy job titles from the
regulation.
Finally, DHS is updating the authority citation for part 103.
Certain statutory citations were recently inadvertently removed,
causing inconsistencies in the published versions of the Code of
Federal Regulations. The changes to the authority citation reflect the
updated, comprehensive list of legal authorities for part 103. These
changes do not substantively impact the public nor do they alter the
regulatory requirements set out in part 103, including Sec. 103.6.
II. Administrative Procedure Act (APA)
DHS has determined that this rule is exempt from notice-and-comment
rulemaking requirements under 5 U.S.C. 553(b)(A) and (b)(B). The
revisions set out in this rule pertain to removing the specific form
numbers for DHS immigration bond forms and updating out of date
official titles for DHS officials from the codified text of Sec.
103.6. In light of these revisions, DHS is also updating Sec.
103.6(c)(1) to clarify that aliens may request a cancellation of a bond
using a form designated by DHS. Finally, this rule revises the
authority citation for 8 CFR part 103 to reflect the comprehensive list
of legal authorities for part. These revisions constitute ``rules of
agency organization, procedure, or practice'' not subject to the APA
notice and comment requirements under 5 U.S.C. 553(b)(A). The revisions
set out in this rule are technical non-substantive changes, which are
intended update the authority citation to part 103, to remove
unnecessary references to specific form numbers and legacy job titles
along with making other technical clarifying revisions to the text of
Sec. 103.6. None of the revisions included in this action will have a
substantive impact on the public nor will they alter the regulatory
requirements in Sec. 103.6. Accordingly, DHS finds for good cause that
this final rule is exempt from public notice-and-comment rulemaking
procedures under 5 U.S.C. 553(b)(B) because such procedures are
unnecessary.
For the same reasons that this rule is exempt from notice-and-
comment rulemaking requirements, and because affected parties will not
need time to adjust to the revisions made through this action, DHS
finds that good cause exists to make this final rule effective upon
publication in the Federal Register under 5 U.S.C. 553(d)(3).
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Fees, Freedom of information, Immigration,
Privacy, Reporting and recordkeeping requirements, Surety bonds.
Accordingly, for the reasons stated in the preamble, DHS amends 8
CFR part 103 as follows:
PART 103--IMMIGRATION BENEFIT REQUESTS; USCIS FILING REQUIREMENTS;
BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1184,
1185 note, 1304,
[[Page 51360]]
1356, 1365b, 1372, 1801-1815; 31 U.S.C. 9701; 48 U.S.C. 1806; Pub.
L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); E.O. 12356, 47 FR
14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2; Pub. L. 112-
45, 125 Stat. 550; 31 CFR part 223.
0
2. In Sec. 103.6:
0
a. Revise paragraphs (a)(1), (a)(2)(i), and (c)(1);
0
b. In paragraph (d)(1), remove the text ``Forms I-352'' and add in its
place the text ``a form designated by DHS'';
0
c. In paragraph (d)(2), remove the text ``district directors'' and add
in its place the text ``designated officials''; and
0
d. Revise paragraph (e).
The revisions read as follows:
Sec. 103.6 Immigration bonds.
(a) Posting of surety bonds--(1) Extension agreements; consent of
surety; collateral security. All surety bonds posted in immigration
cases shall be executed on a form designated by DHS, a copy of which,
and any rider attached thereto, shall be furnished to the obligor. A
designated official is authorized to approve a bond, a formal agreement
to extension of liability of surety, a request for delivery of
collateral security to a duly appointed and undischarged administrator
or executor of the estate of a deceased depositor, and a power of
attorney executed on a form designated by DHS. All other matters
relating to bonds, including the power of attorney form designated by
DHS and a request for delivery of collateral security to other than the
depositor or his or her approved attorney in fact, shall be forwarded
for designated official approval.
(2) Bond riders--(i) General. Bond riders shall be prepared on a
form designated by DHS and attached to the bond contract form
designated by DHS. If a condition to be included in a bond is not on
the appropriate bond rider form designated by DHS, a rider containing
the condition shall be executed.
* * * * *
(c) Cancellation and breach--(1) Public charge bonds. A public
charge bond posted for an alien will be cancelled when the alien dies,
departs permanently from the United States, or is naturalized, provided
the alien did not breach such bond by receiving either public cash
assistance for income maintenance or long-term institutionalization at
government expense prior to death, permanent departure, or
naturalization. USCIS may cancel a public charge bond at any time after
determining that the alien is not likely at any time to become a public
charge. A bond may also be cancelled to allow substitution of another
bond. A public charge bond will be cancelled by USCIS upon review
following the fifth anniversary of the admission or adjustment of
status of the alien, provided that the alien has requested cancellation
on a form designated by DHS and USCIS finds that the alien did not
receive either public cash assistance for income maintenance or long-
term institutionalization at government expense prior to the fifth
anniversary. If the form designated by DHS to request cancellation is
not filed, the public charge bond will remain in effect until the form
is filed and USCIS reviews the evidence supporting the form and renders
a decision regarding the breach of the bond, or a decision to cancel
the bond.
* * * * *
(e) Breach of bond. A bond is breached when there has been a
substantial violation of the stipulated conditions. A final
determination that a bond has been breached creates a claim in favor of
the United States which may not be released or discharged by an
immigration officer. The designated official having custody of the file
containing the immigration bond executed on a form designated by DHS
shall determine whether the bond shall be declared breached or
cancelled, and shall notify the obligor on DHS-designated cancelled or
breached immigration bonds forms of the decision, and, if declared
breached, of the reasons therefor, and of the right to appeal in
accordance with the provisions of this part.
* * * * *
Markwayne Mullin,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2026-16252 Filed 8-6-26; 4:15 pm]
BILLING CODE 9110-9M-P
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</html>Indexed from Federal Register on August 10, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.