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available to render such free legal serv- nized under $ 292.2 of this chapter must ices by representation in immigration submit a declaration signed by an auproceedings.

thorized officer of the organization (c) Bar associations. A bar association which states that the organization that provides a referral service of at- complies with all of the qualifications torneys who render pro bono assistance set forth in 83.62(a). to aliens in immigration proceedings (c) Organizations not recognized under may apply to have its name appear on $ 292.2. An organization that is not recthe list of free legal services providers ognized under $292.2 of this chapter maintained by the Chief Immigration must submit a declaration signed by an Judge. Any other organization that authorized officer of the organization provides such a referral service may which states that the organization also apply to have its name appear on complies with all of the qualifications the list of free legal services providers, set forth in $3.62(b). and may, in the sole discretion of the (d) Attorneys. An attorney must: Chief Immigration Judge, be included (1) Submit a declaration that states on the list.

that: (d) Attorneys. An attorney, as defined (i) He or she provides free legal servin $1.1(f) of this chapter, who seeks to ices to indigent aliens; have his or her name appear on the list (ii) He or she is willing to represent of free legal services providers main- indigent aliens in immigration protained by the Chief Immigration Judge ceedings pro bono; and must declare in his or her application (iii) He or she is not under any order that he or she provides free legal serv- of any court suspending, enjoining, reices to indigent aliens and that he or straining, disbarring, or otherwise reshe is willing to represent indigent stricting him or her in the practice of aliens in immigration proceedings pro law; and bono. An attorney under this section (2) Include the attorney's bar nummay not receive any direct or indirect ber, if any, from each bar of the highremuneration from indigent aliens for est court of the state, possession, terrirepresentation in immigration pro- tory, or commonwealth in which he or ceedings, although the attorney may she is admitted to practice law. be regularly compensated by the firm (e) Changes in addresses or status. Oror organization with which he or she is ganizations and attorneys referred to associated.

in this subpart are under a continuing

obligation to notify the Chief Immigra83.63 Applications.

tion Judge, in writing, within ten busi(a) Generally. In order to qualify to ness days, of any change of address, appear on the list of free legal services telephone number, or qualifying or proproviders maintained by the Chief Im- fessional status. Failure to notify the migration Judge under this subpart, an Chief Immigration Judge of any such organization or attorney must file an change may result in the name of the application requesting to be placed on organization or attorney being rethe list. This application must be filed moved from the list. with the Office of the Chief Immigration Judge, along with proof of service

83.64 Approval and denial of applicaon the Court Administrator of the Im

tions. migration Court having jurisdiction The Court Administrator of the Imover each locality where the organiza- migration Court having jurisdiction tion or attorney provides free legal over each locality where an organizaservices. Each submission must be tion or attorney provides free legal identified by the notation “Application services shall forward a recommendafor Free Legal Services Providers List” tion for approval or denial of each apon the envelope, and must also indicate plication submitted by the organizaif the organization or attorney is will- tion or attorney, and the reasons ing to represent indigent aliens in asy- therefor, to the Chief Immigration lum proceedings.

Judge. The Chief Immigration Judge (b) Organizations recognized under shall have the authority to approve or $ 292.2. An organization that is recog- deny an application submitted by an

organization or an attorney pursuant to $3.63. If an application is denied, the organization or attorney shall be notified of the decision in writing, at the organization's or attorney's last known address, and shall be given a written explanation of the grounds for such denial. A denial must be based on the failure of the organization or attorney to meet the qualifications and/or to comply with the procedures set forth in this subpart. The organization or attorney shall be advised of its, his or her right to appeal this decision to the Board of Immigration Appeals in accordance with $3.1(b) and $ 103.3(a)(1)(ii) of this chapter. 83.65 Removal of an organization or

attorney from list. (a) Involuntary removal. If the Chief Immigration Judge believes that an organization or attorney included on the list of free legal services providers no longer meets the qualifications set forth in this subpart, he or she shall promptly notify the organization or attorney in writing, at the organization's or attorney's last known address, of his or her intention to remove the name of the organization or attorney from the list. The organization or attorney may submit an answer within 30 days from the date the notice is served. The organization or attorney must establish by

clear, unequivocal, and convincing evidence that the organization's or attorney's name should not be removed from the list. If, after consideration of any answer submitted by the organization or attorney, the Chief Immigration Judge determines that the organization or attorney no longer meets the qualifications set forth in this subpart, the Chief Immigration Judge shall promptly remove the name of the organization or attorney from the list of free legal service providers, the removal of which will be reflected in the next quarterly update, and shall notify the organization or attorney of such removal in writing, at the organization's or attorney's last known address. Organizations and attorneys shall be advised of their right to appeal this decision to the Board of Immigration Appeals in accordance with $3.1(b) and $103.3(a)(1)(ii) of this chapter.

(b) Voluntary removal. Any organization or attorney qualified under this subpart may, at any time, submit a written request to have its, his or her name removed from the list of free legal service providers. Such a request shall be honored, and the name of the organization or attorney shall promptly be removed from the list, the removal of which will be reflected in the next quarterly update.

SUBCHAPTER B_IMMIGRATION REGULATIONS

PART 100—STATEMENT OF

ORGANIZATION

Sec. 100.1 Introduction. 100.2 Organization and functions. 100.3 Places where, and methods whereby,

information may be secured or submit

tals or requests made. 100.4 Field Offices. 100.5 Regulations. 100.6 Rule making. 100.7 OMB control numbers assigned to in

formation collections. AUTHORITY: 8 U.S.C. 1103; 8 CFR part 2.

SOURCE: 32 FR 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, and to display OMB control numbers assigned to the information collection requirements of the Service. Part 103 of this chapter sets forth the procedures governing the availability of Service opinions, orders, and records. (48 FR 37201, Aug. 17, 1983]

other legal memoranda when necessary; directs the activities of the regional counsel; oversees the professional activities of all Service attorneys assigned to field offices; and, makes recommendations on all personnel matters involving Service attorneys.

(2) Office of Congressional Relations. Headed by the Director of Congressional Relations, the office is responsible for establishing and maintaining effective liaison with the Congress, Department of Justice, and other agencies on such matters as bills, mark-ups, hearings, and Congressional inquiries.

(3) Office of Public Affairs. Headed by the Director of Public Affairs, the office is responsible for establishing and maintaining public affairs policy, serving as liaison with various constituent communities (intergovernmental, public, news organization, etc.) to communicate Service initiatives, such as naturalization and employer education, and producing public information products.

(4) Office of Internal Audit. Headed by the Director of Internal Audit, the office promotes economy, efficiency, and effectiveness within the Service by managing the Service's systems for resolving alleged mismanagement and misconduct by Service employees; reviewing and evaluating the efficiency and effectiveness of Service operations and programs; collecting and analyzing data to identify patterns of deficiencies or other weaknesses warranting investigative or audit follow-up; making recommendations on disciplinary policies and procedures of the Service; overseeing Service systems to eliminate fraud, waste, and abuse in the workplace; and acting as the Service's liaison with outside audit/inspection agencies. These duties are executed in coordination with other components of the Service and other Department of Justice components.

(b) Office of the Deputy Commissioner. Headed by the Deputy Commissioner, the office is authorized to exercise all

8 100.2 Organization and functions.

(a) Office of the Commissioner. The Attorney General has delegated to the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to administer and enforce the Immigration and Nationality Act and all other laws relating to immigration, naturalization, and nationality as prescribed and limited by 28 CFR 0.105.

(1) Office of the General Counsel. Headed by the General Counsel, the office provides legal advice to the Commissioner, the Deputy Commissioner, and staff; prepares legislative reports; assists in litigation; prepares briefs and

power and authority of the Commissioner unless any such power or authority is required by law to be exercised by the Commissioner personally. The Deputy Commissioner advises and assists the Commissioner in formulating and implementing Service policies and programs, and provides supervision and direction to all organizational units of the Service. The Deputy Commissioner also performs such other duties as may be assigned from timeto-time by the Commissioner. In addition, the Deputy Commissioner supervises the four Executive Associate Commissioners for Programs, Field Operations, Policy and Planning, and Management.

(c) Office of the Erecutive Associate Commissioner for Programs—(1) General. (i) Headed by the Executive Associate Commissioner for Programs, the office is responsible for policy development and review as well as integration of the Service's enforcement and examinations programs. This office has primary responsibility for the planning, oversight, and advancement programs engaged in interpretation of the immigration and nationality laws and the development of regulations to assist in activities, including:

(A) The granting of benefits and privileges to those qualified to receive them;

(B) Withholding of benefits from those ineligible;

(C) Control of the borders and prevention of illegal entry into the United States;

(D) Detection, apprehension, detention, and removal of illegal aliens; and

(E) Enforcement of employer sanctions and other provisions of immigration-related law.

(ii) In addition to overseeing enforcement and examination policy matters, the Office of Programs is also responsible for immigration records. The Executive Associate Commissioner for Programs promulgates policy, provides direction and supervises the activities of the Offices of Enforcement and Examinations.

(2) Office of Enforcement. Headed by the Associate Commissioner for Enforcement, the office is responsible for the planning, oversight, and advancement of enforcement programs engaged

in interpretation of the immigration and nationality laws, and the development of Service policies to assist enforcement activities. The Associate Commissioner for Enforcement directly supervises the Headquarters:

(i) Border Patrol Division;
(ii) Investigations Division;

(iii) Detention and Deportation Division;

(iv) Intelligence Division; and (v) Asset Forfeiture Office.

(3) Office of Examinations. Headed by the Associate Commissioner for Examinations, the office is responsible for the planning, oversight, and advancement of examinations programs engaged in interpretation of the immigration and nationality laws, and the development of Service policies to assist examinations activities. The Office of Examinations is also responsible for all district and service center records and all records operations, except records policy. The Associate Commissioner for Examinations directly supervises the Headquarters:

(i) Adjudications and Nationality Division;

(ii) Inspections Division;

(iii) Service Center Operations Division;

(iv) Records Division; and
(v) Administrative Appeals Office.

(d) Office of the Erecutive Associate Commissioner for Field Operations (1) General. (i) Headed by the Executive Associate Commissioner for Field Operations, the office is responsible for implementing policies related to the Service's field operations. This office has primary responsibility for oversight and coordination of all field operations relating to the administration of immigration law, including:

(A) The granting of benefits and privileges to those qualified to receive them;

(B) Withholding of benefits from those ineligible;

(C) Control of the borders and prevention of illegal entry into the United States;

(D) Detection, apprehension, detention, and removal of illegal aliens;

(E) Enforcement of employer sanctions and other provisions of immigration-related law; and

(F) Refugee processing, adjudication of relative applications/petitions filed by citizens and legal permanent residents, and overseas deterrence of alien smuggling and fraud activities.

(ii) The Executive Associate Commissioner for Field Operations provides direction to, and supervision of the three Regional Directors (Eastern, Central, and Western), and the Director, International Affairs.

(2) Offices of the Regional Directors. (i) General. Headed by regional directors, these offices are responsible for directing all aspects of the Service's field operations within their assigned geographic areas of activity. The regional directors provide general guidance and supervision to:

(A) Service districts within their regions; and

(B) Border Patrol sectors within their regions.

(ii) Service districts. Headed by district directors, who may be assisted by deputy district directors, these offices are responsible for the administration and enforcement of the Act and all other laws relating to immigration and naturalization within their assigned geographic areas of activity, unless any such power and authority is either required to be exercised by higher authority or has been exclusively delegated to another immigration official or class of immigration officer. District directors are subject to the general supervision and direction of their respective regional director, except that district directors outside of the United States are subject to the general supervision and direction of the Director for International Affairs.

(iii) Border Patrol Sectors. Headed by chief patrol agents who may be assisted by deputy chief patrol agents, these offices are responsible for the enforcement of the Act and all other laws relating to immigration and naturalization within their assigned geographic 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. Chief patrol agents are subject to the general supervision and direction of their respective regional director.

(3) Office of International Affairs. Headed by a Director of International Affairs, the office is responsible for ensuring that the foreign affairs mission of the Service reflects a full partnership between the Service, the Executive Branch agencies, and the Congress, the administration of U.S. immigration law on foreign soil, and the U.S. domestic asylum program. The Director for International Affairs provides general guidance and supervision to:

(i) Foreign districts;
(ii) Asylum Division; and
(iii) Refugee and Parole Division.

(e) Office of the Executive Associate Commissioner for Policy and Planning. Headed by the Executive Associate Commissioner for Policy and Planning, the office is responsible for directing and coordinating Servicewide policy and planning activities, and conducting analysis of these as well as other issues which cross program lines or have national implications.

(f) Office of the Executive Associate Commissioner for Management-(1) General. Headed by the Executive Associate Commissioner for Management, the office is responsible for planning, developing directing, coordinating, and reporting on Service management programs and activities. The Executive Associate Commissioner for Management promulgates Servicewide administrative policies and coordinates all financial, human resource, administrative, and information resources management functions. The Executive Associate Commissioner for Management provides direction to, and supervision of, the:

(i) Office of Security;

(ii) Office of Equal Employment Opportunity;

(iii) Office of Human Resources and Administration;

(iv) Office of Finance;

(v) Office of Information Resources Management;

(vi) Office of Files and Forms Management; and

(vii) Administrative Centers.

(2) Office of Security. Headed by the Director of Security, the office is responsible for all security programs of the Service, including those related to personnel, physical, information and documents, automated data processing,

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