Sec.

PART 100-STATEMENT OF ORGANIZATION

100.1 Introduction.

100.2 Organization and delegations.

100.3 Places where, and methods whereby, information may be secured or submittals or requests made.

100.4 Field Service. 100.5 Regulations.

100.6 Rule making.

Authority: The provisions of this Part 100 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103.

Source: The provisions of this Part 100 appear at 32 F.R. 9616, July 4, 1967, unless otherwise noted. §100.1 Introduction.

The following sections describe the organization of the Immigration and Naturalization Service, including statements of delegations of final authority, indicate the established places at which, and methods whereby, the public may secure information, direct attention to the regulations relating to the general course and method by which its functions are channeled and determined. Part 103 of this chapter sets forth the procedures governing the availability of Service opinions, orders, and records.

§100.2 Organization and delegations.

(a) The Attorney General has delegated to the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization, except the authority delegated to the Board of Immigration Appeals. The Deputy Commissioner is authorized to exercise all power and authority of the Commissioner unless any such power or authority is required to be exercised by the Commissioner personally or has been exclusively delegated to another immigration official or class of immigration officer. Subject to the general supervision of the Commissioner and the direction of the Deputy Commissioner, the Associate Commissioners have responsibility for Service program development, coordination, evaluation and counseling relating to Service policy and recommendations within their program areas of activity and general direction

of the Assistant Commissioners with technical responsibility for each of the program areas as follows: The Associate Commissioner, Examinations, the Adjudications, Inspections, and Citizenship and Naturalization programs and general direction of the Assistant Commissioners for Adjudications, Inspections, and Naturalization; the Associate Commissioner, Enforcement, the Border Patrol, Investigations, and Detention and Deportation programs and general direction of the Assistant Commissioners for Border Patrol, Investigations, and Detention and Deportation; the Associate Commissioner, Management, the Administrative, Records and Information, and Personnel programs and general direction of the Assistant Commissioners for Administration, Information Services, and Personnel. The Assistant Commissioners have responsibility for planning, coordinating, evaluating, and technical counseling relating to their program areas as follows: The Assistant Commissioner for Adjudications, The Adjudicative programs; the Assistant Commissioner for Inspections, the Inspection programs; the Assistant Commissioner for Naturalization, the Citizenship and Naturalization programs; the Assistant Commissioner for Border Patrol, the Border Patrol programs; the Assistant Commissioner for Investigations, the Investigations programs; the Assistant Commissioner for Detention and Deportation, the Detention and Deportation programs; the Assistant Commissioner for Administration, the Administrative programs; the Assistant Commissioner for Information Services, the Records Administration and Information, Statistics, and Automated Data Processing programs; the Assistant Commissioner for Personnel, the Personnel programs.

(b) Subject to the general supervision of the Commissioner and direction of the Deputy Commissioner, the Associate Deputy Commissioner for Planning and Evaluation serves as principal staff adviser to each on all program issues including planning, research development, budgeting, automated data processing, new programs and evaluation of Service program activities.

and

(c) The General Counsel advises, on legal matters, the Commissioner and his staff, the Attorney General, Solicitor General and other officers of the Department of Justice, also of

ficers of other Departments of the Government. He prepares legislative reports, as necessary assists in litigation, including preparation of briefs. He directs the activities of the Regional Counsels and the Appellate Trial Attorneys and, acting through a Chief Trial Attorney, he has responsibility for planning, coordinating, evaluating and, counseling relating to the Trial Attorney program.

(d) The Chief Special Inquiry Officer has responsibility for exclusion and expulsion hearing programs.

(e) The Executive Assistant has responsibility for coordinating the activities of the Office of the Commissioner and serves as principal staff assistant to the Commissioner.

(f) The Executive Assistant Deputy Commissioner has responsibility for coordinating the activities of the Office of the Deputy Commissioner and serves as principal staff assistant to the Deputy Commissioner.

(g) The Public Information Officer has responsibility for planning, coordinating, and evaluating the Public Information program activities of the Service and serves as principal adviser to the Commissioner and other Service officers on all matters relating to public information.

(h) Subject to the general supervision of the Commissioner and direction of the Deputy Commissioner the following have responsibility for programs as stated: The Director of Field Inspections, planning, evaluating, conducting and reporting thereon, the Central Office programs for inspection of Field Office Operational and Administrative program activities and counseling on all matters relating thereto; the Director of Intelligence and the Director Internal Investigations, planning, coordinating, evaluating and counseling relating to the Intelligence and Internal Investigations program, respectively.

(i) Subject to the general supervision of the Commissioner and the direction of the Deputy Commissioner, Regional Commissioners are authorized to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization within their geographic areas of activity. The Deputy Regional Commissioners authorized to exercise all power and authority of the Regional Commissioners unless any such power or authority is required to be exercised by the Regional Commissioner personally or has been exclusively delegated to another immigration official or class of immigration officer.

are

(j) Subject to the general supervision of the Regional Commissioner and the direction of the Deputy Regional Commissioner, district directors and chief patrol agents have been assigned authority to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization within their operational areas of activity, unless any such power and authority is required to be exercised by higher authority or has been exclusively delegated to another immigration official or class of immigration officer. [40 F.R. 30467, July 21, 1975, as amended at 41 F.R. 27311, July 2, 1976]

§100.3 Places where, and methods whereby, information may be secured or submittals or requests made.

Any person desiring information relative to a matter handled by the Immigration and Naturalization Service, or any person desiring to make a submittal or request in connection with such a matter should communicate either orally or in writing with a district headquarters office or suboffice of the Service. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office of the Service or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Service or the regulations implementing those laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this chapter dealing with the particular type of application may be consulted for regulatory provisions.

§100.4 Field Service.

The territory within which officials of the Immigration and Naturalization Service are located is divided into regions, districts, suboffices, and Border Patrol sectors as follows:

(a) Regional offices. The Eastern Regional Office, located in Burlington, Vermont, has jurisdiction over districts 1, 2, 3, 4, 5, 7, 21, 22, 23, 25, and 27 and Border Patrol sectors 1, 2, 3, and 4. The Southern Regional Office, located in Dallas, Texas, has jurisdiction over districts 6, 14, 15, 26, 28, and 38 and Border Patrol sectors 15, 16, 17, 18, 19, 20, and 21. The Northern Regional Office, located in St. Paul, Minnesota, has jurisdiction over districts 8, 9, 10, 11, 12, 19, 24, 29, 30, 31, and 32

and Border Patrol Sectors 5, 6, 7, 8, and 9. The Western Regional Office, located in San Pedro, California, has jurisdiction over districts 13, 16, 17, 18, and 39 and Border Patrol sectors 10, 11, 12, 13, and 14.

(b) District offices. The following districts, which are designated by numbers, have fixed headquarters and are divided as follows:

1. St. Albans, Vermont. The district office in St. Albans, Vermont, has jurisdiction over the State of Vermont; also, over the United States immigration office located in the Province of Quebec, Canada.

2. Boston, Massachusetts. The district office in Boston, Massachusetts, has jurisdiction over the States of New Hampshire, Massachusetts, and Rhode Island.

3. New York City, New York. The district office in New York City, New York, has jurisdiction over the following counties in the State of New York: Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester; also, over the United States immigration office located in Hamilton, Bermuda.

4. Philadelphia, Pennsylvania. The district office in Philadelphia, Pennsylvania, has jurisdiction over the States of Pennsylvania, Delaware, and West Virginia.

5. Baltimore, Maryland. The district office in Baltimore, Maryland, has jurisdiction over the State of Maryland.

6. Miami, Florida. The district office in Miami, Florida, has jurisdiction over the State of Florida, Cuba, the Caribbean Islands, except the Dominican Republic and South America; also, over the United States immigration office located in Nassau,

Bahamas.

7. Buffalo, New York. The district office in Buffalo, New York, has jurisdiction over the State of New York except that part within the jurisdiction of District No. 3; also, over the United States immigration office at Toronto, Ontario, Canada.

8. Detroit, Michigan. The district office in Detroit, Michigan, has jurisdiction over the State of Michigan. 9. Chicago, Illinois. The district office in Chicago, Illinois, has jurisdiction over the States of Illinois, Indiana, and Wisconsin.

10. St. Paul, Minnesota. The district office in St. Paul, Minnesota, has jurisdiction over the States of Minnesota, North Dakota, and South Dakota; also, over the United States immigration office in the Province of Manitoba, Canada.

11. Kansas City, Missouri. The district office in Kansas City, Missouri, has jurisdiction over the States of Kansas and Missouri.

12. Seattle, Washington. The district office in Seattle, Washington, has jurisdiction over the State of Washington; also, over the United States immigration offices located in the Province of British Columbia, Canada.

13. San Francisco, California. The district office in San Francisco, California, has jurisdiction over the State of Nevada and over the following counties in the State of California: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El

Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.

14. San Antonio, Texas. The district office in San Antonio, Texas, has jurisdiction over the following counties in the State of Texas: Aransas, Atascosa, Bandera, Bastrop, Bee, Bell, Bexar, Blanco, Brazos, Brooks, Brown, Burleson, Burnet, Caldwell, Calhoun, Callahan, Cameron, Coke, Coleman, Comal, Concho, Coryell, Crockett, De Witt, Dimmit, Duval, Edwards, Falls, Fayette, Frio, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Hays, Hidalgo, Irlon, Jackson, Jim Hogg, Jim Wells, Jones, Karnes, Kendall, Kenedy, Kern, Kimble, Kinney, Kleberg, Lampasas, La Salle, Lavaca, Lee, Live Oak, Llano, McCulloch, McLennan, McMullen, Mason, Maverich, Medina, Menard, Milam, Mills, Nueces, Reagan, Real, Refugio, Robertson, Runnels, San Patricio, San Saba, Schleicher, Starr, Sterling, Sutton, Taylor, Tom Green, Travis, Uvalde, Val Verde, Victoria, Webb, Willacy, Williamson, Wilson, Zapata, Zavala.

15. El Paso, Texas. The district office in El Paso, Texas, has jurisdiction over the State of New Mexico, and the following counties in Texas: Brewster, Crane, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reeves, Terrell, Upton, Ward, and Winkler.

16. Los Angeles, California. The district office in Los Angeles, California, has jurisdiction over the following counties in the State of California: Inyo, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura.

17. Honolulu, Hawaii. The district office in Honolulu, Hawaii, has jurisdiction over the State of Hawaii and Guam, Mariana Islands.

18. Phoenix, Arizona. The district office in Phoenix, Arizona, has jurisdiction over the State of Arizona.

19. Denver, Colorado. The district office in Denver, Colorado, has jurisdiction over the States of Colorado, Utah, and Wyoming.

21. Newark, New Jersey. The district office in Newark, New Jersey, has jurisdiction over the State of New Jersey.

22. Portland, Maine. The district office in Portland, Maine, has jurisdiction over the State of Maine.

23. Hartford, Connecticut. The district office in Hartford, Connecticut, has jurisdiction over the State of Connecticut.

24. Cleveland, Ohio. The district office in Cleveland, Ohio, has jurisdiction over the State of Ohio.

25. Washington, D.C. The district office in Washington, DC., has jurisdiction over the District of Columbia, and the State.

26. Atlanta, Georgia. The district office in Atlanta, Ga., has jurisdiction over the States of Georgia, North Carolina, South Carolina, and Alabama.

27. San Juan, Puerto Rico. The district office in San Juan, Puerto Rico, has jurisdiction over the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and the Dominican Republic.

28. New Orleans, Louisiana. The district office in New Orleans, La., has jurisdiction over the states of Louisiana, Arkansas, Mississippi, Tennessee, and Kentucky.

29. Omaha, Nebraska. The district office in Omaha, Nebraska, has jurisdiction over the States of lowa and Nebraska.

30. Helena, Montana. The district office in Helena, Montana, has jurisdiction over the States of Montana and Idaho.

31. Portland, Oregon. The district office in Portland, Oregon, has jurisdiction over the State of Oregon.

32. Anchorage, Alaska. The district office in Anchorage, Alaska, has jurisdiction over the State of Alaska.

33. Hong Kong, B.C.C. The district office in Hong Kong has jurisdiction over the British Crown Colony, and adjacent islands, Formosa, the Philippines, Australia, New Zealand, all of continental Asia lying to the east of the western borders of Afganistan and Pakistan, Japan, Korea, Okinawa and all other countries in the Pacific area.

34. [Reserved]

35. Mexico City, Mexico. The district office in Mexico City has jurisdiction over Mexico and Central America.

36. [Reserved]

37. Rome, Italy. The district office in Rome, Italy has jurisdiction over Europe, Africa, and the countries of Asia lying to the west and north of the western and northern borders, respectively, of Afganistan, Pakistan, People's Republic of China and Mongolian People's Republic.

38. Houston, Texas. The district office in Houston, Texas, has jurisdiction over the State of Oklahoma and the following counties in the State of Texas: Anderson, Andrews, Angelina, Archer, Armstrong, Austin, Bailey, Baylor, Borden, Bosque, Bowie, Brazoria, Briscoe, Camp, Carson, Cass, Castro, Chambers, Cherokee, Childress, Clay, Cochran, Collin, Collingsworth, Colorado, Comanche, Cooke, Cottle, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, Dickens, Donley, Eastland, Ellis, Erath, Fannin, Fisher, Floyd, Foard, Fort Bend, Franklin, Freestone, Gaines, Galveston, Garza, Gray, Grayson, Gregg, Grimes, Hale, Hall, Hamilton, Hansford, Hardeman, Hardin, Harris, Harrison, Hartley, Haskell, Hemphill, Henderson, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hunt, Hutchinson, Jack, Jasper, Jefferson, Johnson, Kaufman, Kent, King, Knox, Lamar, Lamb, Leon, Liberty, Limestone, Lipscomb, Lubbock, Lynn, Madison, Marion, Martin, Matagorda, Mitchell, Montague, Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, Newton, Nolan, Ochiltree, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Polk, Potter, Rains, Randall, Red River, Roberts, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Scurry, Shackelford, Shelby, Sherman, Smith, Somervell, Stephens, Stonewall, Swisher, Tarrant, Terry, Throckmorton, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, Waller, Washington, Wharton, Wheeler, Wichita, Wilbarger, Wise, Wood, Yoakum, and Young.

39. San Diego, California. The district office in San Diego, California, has jurisdiction over the following counties in the State of California: Imperial and San Diego.

(c) Suboffices. The following offices, in addition to the facilities maintained at Class A ports of entry listed in paragraph (c)(2) of this section, indicated by asterisk, are designated as suboffices:

(1) Interior locations.

Albany, N.Y.
Albuquerque, N.Mex.
Boise, Idaho
Cincinnati, Ohio
Dallas, Tex.
Fairbanks, Alaska
Fresno, Calif.
Harlingen, Tex.
Las Vegas, Nev.
Memphis, Tenn.
Pittsburgh, Pa.
Reno, Nev.
Sacramento, Calif.
Salt Lake City, Utah.
St. Louis, Mo.
Spokane, Wash.
Syracuse, N.Y.
Tucson, Ariz.

(2) Ports of entry for aliens arriving by vessel or by land transportation. Subject to the limitations prescribed in this subparagraph, the following places are hereby designated as ports of entry for aliens arriving by any means of travel other than aircraft. The designation of such a port of entry may be withdrawn whenever, in the judgment of the Commissioner, such action is warranted. The ports are listed according to location by districts and are designated either Class A, Class B, or Class C. Class A means that the port is a designated port of entry for all aliens. Class B means that the port is a designated port of entry for aliens who at the time of applying for admission are lawfully in possession of valid resident aliens' border-crossing identification cards or valid nonresident aliens' border-crossing identification cards or are admissible without documents under the documentary waivers contained in Part 212 of this chapter. Class C means that the port is a designated port of entry only for aliens who are arriving in the United States as crewmen as that term is defined in section 101(a)(10) of the Act with respect to vessels.

DISTRICT NO. 1-ST. ALBANS, VT.
CLASS A

*Alburg, Vt.
*Alburg Springs, Vt.

*Beebe Plain, Vt.

*Beecher Falls, Vt. *Canaan, Vt. *Derby Line, Vt. *East Richford, Vt. *Highgate Springs, Vt. Morses Line, Vt. *Newport, Vt.

*North Troy, Vt.

*Norton, Vt.

*Richford, Vt.

St. Albans, Vt.

*West Berkshire, Vt.

DISTRICT NO. 2-BOSTON, MASS.

CLASS A

Boston, Mass. (the port of Boston includes, among others, the port facilities at Beverly, Braintree, Chelsea, Everett, Hingham, Lynn, Manchester, Marblehead, Milton, Quincy, Revere, Salem, Saugus, and Weymouth, Mass.) Gloucester, Mass. Pittsburg, N.H.

*Providence, R.I. (the port of Providence includes, among others, the port facilities at Davisville, Melville, Newport, Portsmouth, Quonset Point, Tiverton, and Warwick, R.I.; and at Fall River, New Bedford, and Somerset, Mass.)