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training are hereby authorized and designated to initiate a vehicular pursuit:

(i) Border patrol agents, including aircraft pilots;

(ii) Supervisory personnel who are responsible for supervising the activities of those officers listed above; and

(iii) Immigration officers who need the authority to initiate a vehicular pursuit in order to effectively accomplish their individual mission and who are designated, individually or class, by the Commissioner.

(f) Site inspections. (1) Site inspections are Service enforcement activities undertaken to locate and identify aliens illegally in the United States, or aliens engaged in unauthorized employment, at locations where there is a reasonable suspicion, based on articulable facts, that such aliens are present.

(2) An immigration officer may not enter into the non-public areas of a business, a residence including the curtilage of such residence, or a farm or other outdoor agricultural operation, except as provided in section 287(a)(3) of the Act, for the purpose of questioning the occupants or employees concerning their right to be or remain in the United States unless the officer has either a warrant or the consent of the owner or other person in control of the site to be inspected. When consent to enter is given, the immigration officer must note on the officer's report that consent was given and, if possible, by whom consent was given. If the immigration officer is denied access to conduct a site inspection, a warrant may be obtained.

(3) Adequate records must be maintained noting the results of every site inspection, including those where no illegal aliens are located.

(4) Nothing in this section prohibits an immigration officer from entering into any area of a business or other activity to which the general public has access or onto open fields that are not farms or other outdoor agricultural operations without a warrant, consent, or any particularized suspicion in order to question any person whom the officer believes to be an alien concerning his or her right to be or remain in the United States. [59 FR 42418, Aug. 17, 1994)

$287.9 Criminal search warrant and

firearms policies. (a) A search warrant should be obtained prior to conducting a search in a criminal investigation unless a specific exception to the warrant requirement is authorized by statute or recognized by the courts. Such exceptions may include, for example, the consent of the person to be searched, exigent circumstances, searches incident to a lawful arrest, and border searches. The Commissioner shall promulgate guidelines governing officers' conduct relating to search and seizure.

(b) In using a firearm, an officer shall adhere to the standard of conduct set forth in 8287.8(a)(2). An immigration officer may carry only firearms (whether Service issued or personally owned) that have been approved pursuant to guidelines promulgated by the Commissioner. The Commissioner shall promulgate guidelines with respect to:

(1) Investigative procedures to be followed after a shooting incident involving an officer;

(2) Loss or theft of an approved firearm;

(3) Maintenance of records with respect to the issuance of firearms and ammunition; and

(4) Procedures for the proper care, storage, and maintenance of firearms, ammunition, and related equipment. [59 FR 42420, Aug. 17, 1994)

8287.10 Expedited internal review

process. (a) Violations of standards for enforcement activities. Alleged violations of the standards for enforcement activities established in accordance with the provisions of $287.8 shall be investigated expeditiously consistent with the policies and procedures of the Office of Professional Responsibility and the Office of the Inspector General of the Department of Justice and pursuant to guidelines to be established by the Attorney General. Within the Immigration and Naturalization Service, the Office of Internal Audit is responsible for coordinating the reporting and disposition of allegations.

(b) Complaints. Any persons wishing (b) General requirements for Pre-ento lodge a complaint pertaining to vio- rolled Access Lane Program. (1) Particilations of enforcement standards con- pation in the Pre-enrolled Access Lane tained in $287.8 may contact the De- program is wholly voluntary and failpartment of Justice, P.O. Box 27606, ure to apply or denial of an application Washington, DC, 20038–7606, or tele- does not prevent any person from passphone 1-800-869-4499.

ing through the checkpoint in the reg(c) Expedited processing of complaints. ular traffic lanes. When an allegation or complaint of (2) Only United States citizens and violation of $ 287.8 is lodged against an

members of the classes of aliens which employee or officer of the Service, the

the Commissioner of the Service or her allegation or complaint shall be re

delegates determine to be eligible may ferred promptly for investigation in ac

enroll in the PAL program. To particicordance with the policies and proce

pate in the PAL program, an applicant dures of the Department of Justice. At

must have a permanent or temporary the conclusion of an investigation of an

residence in the United States, and allegation or complaint of violation of

must agree to furnish all information $287.8, the investigative report shall be

requested on the application. referred promptly for appropriate action in accordance with the policies

(3) The applicant must agree to all and procedures of the Department of

terms and conditions required for use Justice.

of a Pre-enrolled Access Lane. Immi(d) Unsubstantiated complaints. When

gration, criminal justice information,

and law enforcement records and dataan investigative report does not support the allegation, the employee or of

bases will be checked to assist in deterficer against whom the allegation was

mining the applicant's eligibility. The made shall be informed in writing that Service may require applicants to subthe matter has been closed as soon as

mit fingerprints, and the Service may practicable. No reference to the allega

provide those fingerprints to Federal, tion shall be filed in the official's or

State, and local government agencies employee's official personnel file.

for the purpose of determining eligi(e) Jurisdiction of other Department of bility to participate in the PAL proJustice organizations. Nothing in this gram. section alters or limits, is intended to (4) Any vehicle used in a Pre-enrolled alter or limit, or shall be construed to Access Lane must have current apalter or limit, the jurisdiction or au- proval from the Service for use in the thority conferred upon the Office of the PAL program. Inspector General, the Office of Profes- (5) Enrolled participants may be sional Responsibility, the Federal Bu- issued

identification document reau of Investigation, the United

showing authorization to participate in States Attorneys, the Criminal Divi

the PAL program, and, if such a docusion or the Civil Rights Division, or

ment is issued, participants must have any other component of the Depart

it in their possession whenever using ment of Justice, or any other order of

the PAL. In addition, alien particithe Department of Justice establishing

pants must be in possession of a valid policy or procedures for the adminis

form constituting evidence of alien tration of standards of conduct within

registration pursuant to $264.1(b) of the Department of Justice.

this chapter at all times while using (59 FR 42420, Aug. 17, 1994]

the PAL,

(6) The Service will install any and 8 287.11 Pre-enrolled Access Lane.

all equipment, decals, devices, tech(a) Pre-enrolled Access Lane (PAL). A nology, or methodology it deems necPAL is a designated traffic lane lo- essary on registered vehicles to ensure cated at a Service checkpoint, which, that only authorized persons and vehiwhen in operation, may be used exclu- cles use the PAL. sively by enrolled participants and (7) All devices, decals, or other equiptheir passengers in vehicles authorized ment, methodology, or technology used by the Service to pass through the to identify persons or vehicles using a checkpoint.

Pre-enrolled Access Lane remain the

an

property of the United States Government at all times and must be surrendered upon request of the Service. Enrolled participants must abide by the terms set forth by the Service for use of any device, decal, or other equipment, methodology, or technology. If a vehicle is sold or otherwise disposed of, it is the responsibility of the enrolled participant to remove or obliterate any identifying decal or other authorization for participation in the PAL program before or at the time of sale or disposal unless otherwise notified by the Service. If the Service installs an electronic transmitter or similar device on the vehicle, the enrolled participant must have that device removed by the Service at the PAL enrollment center prior to sale or disposal of an authorized vehicle.

(8) Enrolled participants in the PAL program may carry passengers who are not enrolled in the program in their authorized vehicles in the PAL as long as all passengers are United States citizens, lawful permanent residents of the United States, or rightful holders of valid nonimmigrant United States visas.

(c) Application. (1) Application for Pre-enrolled Access Lane participation shall be made on Form I-866, Application-Checkpoint Pre-enrolled Access Lane.

(2) Each person wishing to enroll in the Pre-enrolled Access Lane program must submit a separate application.

(3) Applications must be supported by documents establishing identity, United States citizenship or lawful immigration status in the United States, a valid driver's license, and vehicle registration for all vehicles being registered. The Service may require additional documentation where appropriate to substantiate information provided on the application, as well as written permission from the vehicle owner to use any vehicle not owned by the applicant in the PAL.

(4) Each person filing an application may be required to present himself or herself for an interview at a time and place designated by the Service prior to approval of the application.

(5) The Service may inspect any vehicle that a PAL applicant desires to register for use in the PAL to ensure that

it does not present evidence of having been used or prepared to be used to smuggle aliens

or controlled substances, and the Service must approve all vehicles prior to use in the PAL. The Service may prohibit the use of certain types of vehicles in the PAL for reasons of safety and law enforcement.

(6) An application may be denied by the Chief Patrol Agent having jurisdiction over the PAL enrollment center where the application is filed. Written notice of the decision on the application shall be given to the applicant or mailed by ordinary mail to the applicant's last known address. There is no appeal from a denial, but denial is without prejudice to reapplying for this program. Re-applications following denial or revocation of the privilege to participate in the PAL program will not be considered by the Service until 90 days after the date of denial or revocation.

(7) Registration in the PAL program is limited to individuals who the Serv. ice has determined present a low risk of using the PAL for unlawful purposes. Criteria that will be considered in the decision to approve or deny the application include the following: lawful presence in the United States, criminal history and/or evidence of criminality, employment, residency, prior immigration history, possession of a valid driver's license, vehicle type, registration, and inspection.

(8) Applications approved by the Service will entitle the authorized person and the authorized vehicle to use the PAL for 2 years from the date of approval of the application or until authorization is revoked, whichever occurs first.

(d) Acknowledgments and agreements. By signing and submitting the Form I866 each applicant acknowledges and agrees to all of the conditions for participation in the PAL program and the statements on the Form I-866.

(e) Violation of conditions of a Pre-enrolled Access Lane and Revocation. An enrolled participant who violates any condition of the PAL program, or any applicable law or regulation, or who is otherwise determined by an immigration officer to be ineligible to participate in the PAL program, may have his stantive or procedural, enforceable at law by any party in any matter, civil or criminal. The Attorney General shall have exclusive authority to enforce these regulations through such administrative and other means as he or she may deem appropriate. (59 FR 42420, Aug. 17, 1994. Redesignated at 62 FR 19025, Apr. 18, 1997)

PART 289-AMERICAN INDIANS

BORN IN CANADA

Sec. 289.1 Definition. 289.2 Lawful admission for permanent resi

dence. 289.3 Recording the entry of certain Amer

ican Indians born in Canada. AUTHORITY: Secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C. 1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451.

or her authorization and the authorization of his or her vehicle(s) revoked by the Chief Patrol Agent with jurisdiction over the PAL enrollment center where the application is filed and may be subject to other applicable sanctions, such as criminal and/or civil penalties, removal, and/or possible seizure of goods and/or vehicles. If an authorized vehicle is sold, stolen, or otherwise disposed of, authorization to use that vehicle in the PAL is automatically revoked. Within 24 hours of when an authorized vehicle is stolen, or within 7 days of when such vehicle is sold, or otherwise disposed of or the license plates are changed, enrolled participants must give, in person or by facsimile transmission, written notice of such occurrence to the PAL enrollment center at which their application was filed. Failure to do so will result in the automatic revocation of the authorization to use the PAL of the person who registered such vehicle in the PAL program. Unless revocation is automatic, the Service will give notice of revocation to the enrolled PAL participant or mail it by ordinary mail to his or her last known address. However, written notification is not necessary prior to revocation of the privilege to participate in the PAL program. There is no appeal from the revocation of an authorization to participate in the PAL program.

(f) No benefits or rights conferred. This section does not, is not intended to, shall not be construed to, and may not be relied upon to confer any immigration benefit or status to any alien or create any rights, substantive or procedural, enforceable in law or equity by any party in any matter. [62 FR 19025, Apr. 18, 1997)

8 289.1 Definition.

The term American Indian born in Canada as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50 per centum or more of such blood. [29 FR 11494, Aug. 11, 1964)

8287.12 Scope.

With regard to this part, these regulations provide internal guidance on specific areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of the Immigration and Naturalization Service or the Attorney General. These regulations do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, sub

8 289.2 Lawful admission for perma

nent residence. Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928 (45 Stat. 401), or section 289 of the Act, and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence. A person who does not possess 50 per centum of the blood of the American Indian race, but who entered the United States prior to December 24, 1952, under the exemption provided by the Act of April 2, 1928, and has maintained his residence in the United States since such entry shall also be regarded as having been lawfully admitted for permanent residence. In the absence of a Service record of arrival in the United States, the record of registration under the Alien Registration Act, of 1940 (54 Stat. 670; 8 U.S.C. 451), or section 262 of the Act, or other satisfactory evidence may be accepted to establish the date of entry. (29 FR 11494, Aug. 11, 1964)

190-024 D-00--21

631

8 289.3 Recording the entry of certain

American Indians born in Canada. The lawful admission for permanent residence of an American Indian born in Canada shall be recorded on Form I181.

(33 FR 7485, May 21, 1968]

PART 292-REPRESENTATION AND

APPEARANCES

Sec. 292.1 Representation of others. 292.2 Organizations qualified for recogni

tion; requests for recognition; withdrawal of recognition; accreditation of

representatives; roster. 292.3 Discipline of attorneys and representa

tives. 292.4 Appearances. 292.5 Service upon and action by attorney

or representative of record. 292.6 Interpretation.

AUTHORITY: 8 U.S.C. 1103, 1252b, 1362.

tion from the alien he or she represents;

(iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; and

(iv) The law student's or law graduate's appearance is permitted by the official before whom he or she wishes to appear (namely an immigration judge, district director, officer-incharge, regional director, the Commissioner, or the Board). The official or officials may require that a law student be accompanied by the supervising faculty member, attorney, or accredited representative.

(3) Reputable individuals. Any reputable individual of good moral character, provided that:

(i) He is appearing on an individual case basis, at the request of the person entitled to representation;

(ii) He is appearing without direct or indirect renumeration and files a written declaration to that effect;

(iii) He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived. as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and

(iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry offcer, district director, officer-in-charge. regional commissioner, the Commissioner, or the Board), provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the publicas qualified to do so.

(4) Accredited representatives. A person representing an organization described in $ 292.2 of this chapter who has been accredited by the Board.

(5) Accredited officials. An accredited official, in the United States, of the

8 292.1 Representation of others.

(a) A person entitled to representation may be represented by any of the following:

(1) Attorneys in the United States. Any attorney as defined in $1.1(f) of this chapter.

(2) Law students and law graduates not yet admitted to the bar. A law student who is enrolled in an accredited law school, or a law graduate who is not yet admitted to the bar, provided that:

(i) He or she is appearing at the request of the person entitled to representation;

(ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of a faculty member, licensed attorney, or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is appearing without direct or indirect remunera

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