Saturday, December 5, 2015

Fast and Furious



Technicalities: The Administrative Branch of our Government

The U.S. Constitution provided our government with a system of checks and balances.  The Legislative Branch (Congress); the Executive Branch (the President) and the Judicial Branch.

These rules and regulations are added to the original Public Laws that are published in the United States Code which is basically an index of statues.  However, the passage of a public law is only the beginning.

However during WWI, Franklin D. Roosevelt contrived and put into motion the fourth branch of government in the name of “efficiency.”  The administrative agencies have risen in power and are accountable to their own rules of governance. 

The Federal Register,  abbreviated FR or sometimes Fed. Reg. contains government agency rules, proposed rules and public notices.  The final rules are written and published by a federal agency and ultimately codified in the Code of Federal Regulations (CFR). 



We often read that President Obama has made this or that executive order when technically, the writer is referring to a rule, regulation or presidential document that is published in the Federal Register.  Seldom are original source documents given in such articles.  

I have provided the information below in case you want to research a matter further.  This list is far from comprehensive.  If interested, you can search the federal register for more information.


PRESIDENTIAL DOCUMENTS

Syria to alleviate the current refugee crisis, as well as other …
A Presidential Document by the Executive Office of the President on 11/18/2015

… the contributions of immigrants and refugees who start a business, and …
A Presidential Document by the Executive Office of the President on 11/03/2015

… 29, 2015 Presidential Determination on Refugee Admissions for Fiscal Year 2016 … during FY 2016 with Federal refugee resettlement assistance under the Amerasian … numbers shall be allocated among refugees of special humanitarian concern to … during FY 2016 with Federal refugee resettlement assistance under section 584 …

… with better integrating immigrants and refugees into American communities. The Task …
A Presidential Document by the Executive Office of the President on 09/21/2015

… to ensure the protection of refugees and other displaced persons, and …
A Presidential Document by the Executive Office of the President on 12/12/2014

… and Fully Integrating Immigrants and Refugees Memorandum for the Heads of … every day, including 3 million refugees who have resettled here since … , we can help immigrants and refugees in the United States contribute …
A Presidential Document by the Executive Office of the President on 11/26/2014

… 30, 2014 Presidential Determination on Refugee Admissions for Fiscal Year 2015 … during FY 2015 with Federal refugee resettlement assistance under the Amerasian … numbers shall be allocated among refugees of special humanitarian concern to … during FY 2015 with Federal refugee resettlement assistance under section 584 …
A Presidential Document by the Executive Office of the President on 11/21/2014

Creating Welcoming Communities and Fully Integrating Immigrants and Refugees
A Presidential Document by the Executive Office of the President on 11/26/2014

Modernizing and Streamlining the U.S. Immigrant Visa System for the 21st Century
A Presidential Document by the Executive order of the President on 11/26/2014
https://www.federalregister.gov/articles/2014/11/26/2014-28195/modernizing-and-streamlining-the-us-immigrant-visa-system-for-the-21st-century?utm_content=next&utm_medium=PrevNext&utm_source=Article

… May 19, 2014 Unexpected Urgent Refugee and Migration Needs Relating to … from the United States Emergency Refugee and Migration Assistance Fund, for … purpose of meeting unexpected urgent refugee and migration needs resulting from … of the Bureau of Population, Refugees, and Migration of the Department …
A Presidential Document by the Executive Office of the President on 05/29/2014

… during FY 2014 with Federal refugee resettlement assistance under the Amerasian … numbers shall be allocated among refugees of special humanitarian concern to … during FY 2014 with Federal refugee resettlement assistance under section 584 … , if otherwise qualified, be considered refugees for the purpose of admission …
A Presidential Document by the Executive Office of the President on 10/21/2013


Here is how they do it.  The federal agency posts a notice of a proposed rule in the Federal Register.
There should be a period for public comments.
Usually there is a folder where you can read the comments.
Sometimes the comment period will be extended.
After the entire procedure is exhausted, the regulation will become a Final Rule.

http://www.archives.gov/federal-register/tutorial/online-html.html
 

Below is the latest example:


PROPOSED RULE

PUBLIC COMMENTS WILL BE ACCEPTED UNTIL NOVEMBER 12, 2015








SUMMARY
(Excerpts) This public notice provides information on how to apply for the DV–2017 Program and is issued pursuant to 22 CFR 42.33(b)(3), implementing sections 201(a)(3), 201(e), 203(c), and 204(a)(1)(I) of the Immigration and Nationality Act, as amended, (8 U.S.C. 1151, 1153, and 1154(a)(1)(I)).
The Congressionally-mandated  Diversity Immigrant Visa Program is  administered annually by the Department of State. Section 203(c) of  the Immigration and Nationality Act (INA) provides for a class of immigrants known as ‘‘diversity immigrants’’ from  countries with historically low rates of immigration to the United States. For  Fiscal Year 2017, 50,000 Diversity Visas (DVs) will be available. There is no cost  to register for the DV program.
List of Countries/+Areas by Region  Whose Natives Are Eligible for DV– 2017 The list below shows the countries  whose natives are eligible for DV–2017, grouped by geographic region. Dependent areas overseas are included within the region of the governing country. The countries whose natives are not eligible for the DV–2017 program were identified by USCIS, according to the formula in Section 203(c) of the INA. The countries whose natives are not eligible for the DV program (because they are the principal source countries of Family-Sponsored and Employment-Based immigration or ‘‘high-admission’’ countries) are noted after the respective regional lists.


AFRICA
Algeria Lesotho
Angola Liberia
Benin Libya
Botswana Madagascar
Burkina Faso
Malawi
Burundi Mali
Cameroon Mauritania
Cape Verde
Mauritius
Central African Republic
Morocco
Chad Mozambique
Comoros Namibia
Congo Niger
Congo, Democratic Republic of the
Rwanda
Cote D’Ivoire (Ivory Coast)
Sao Tome and Principe
Djibouti Senegal
Egypt * Seychelles
Equatorial Guinea
Sierra Leone
Eritrea Somalia
Ethiopia South
Africa
Gabon South
Sudan
Gambia, The
Sudan
Ghana Swaziland
Guinea Tanzania
Guinea-Bissau Togo
Kenya Tunisia
Uganda
Zambia
Zimbabwe
* Persons born in the areas administered prior to June 1967 by Israel, Jordan, Syria, and Egypt are chargeable, respectively, to Israel, Jordan, Syria, and Egypt. Persons born in the Gaza Strip are chargeable to Egypt; persons born in the West Bank are chargeable to Jordan; persons born in the Golan Heights are chargeable to Syria. In Africa, natives of Nigeria are not eligible for this year’s Diversity Program.

ASIA
Afghanistan Maldives
Bahrain Mongolia
Bhutan Nepal
Brunei North
Korea
Burma Oman
Cambodia Qatar
Hong Kong Special Administrative Region **
Saudi Arabia
Indonesia Singapore
Iran Sri
Lanka
Iraq Syria *
Israel * Taiwan **
Japan Thailand
Jordan * Timor-Leste
Kuwait
United Arab Emirates
Laos Yemen
Lebanon
Malaysia
* Persons born in the areas administered prior to June 1967 by Israel, Jordan, Syria, and Egypt are chargeable, respectively, to Israel, Jordan, Syria, and Egypt. Persons born in the Gaza Strip are chargeable to Egypt; persons born in the West Bank are chargeable to Jordan; persons born in the Golan Heights are chargeable to Syria.
** Natives of the following Asia Region countries are not eligible for this year’s Diversity Program: Bangladesh, China (mainland-born), India, Pakistan, South Korea, Philippines, and Vietnam. Hong Kong S.A.R. (Asia region), Macau S.A.R. (Europe region), and Taiwan (Asia region) do qualify and are listed here.

EUROPE
Albania Lithuania
Andorra Luxembourg
Armenia
Macau Special Administrative Region **
Austria Macedonia
Azerbaijan Malta
Belarus Moldova
Belgium Monaco
Bosnia and Herzegovina
Montenegro
Bulgaria
Netherlands (including components and dependent areas overseas)
Croatia Northern
Ireland **
Cyprus Norway
Czech Republic
Poland
Denmark (including components and dependent areas overseas) Portugal (including components and dependent areas overseas)
Estonia Romania
Finland Russia
France (including components and dependent areas overseas) San Marino
Georgia Serbia
Germany Slovakia
Greece Slovenia
Hungary Spain
Iceland Sweden
Ireland Switzerland
Italy Tajikistan
Kazakhstan Turkey
Kosovo Turkmenistan
Kyrgyzstan Ukraine
Latvia Uzbekistan
Liechtenstein Vatican City
** Natives of the following European countries are not eligible for this year’s DV program: Great Britain (United Kingdom). Great Britain (United Kingdom) includes the following dependent areas: Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, and Turks and Caicos Islands. Note that for purposes of the diversity program only, Northern Ireland is treated separately; Northern Ireland does qualify and is listed among the qualifying areas.
Macau S.A.R. does qualify and is listed above.

NORTH AMERICA
The Bahamas
In North America, natives of Canada and Mexico are not eligible for this year’s Diversity Program.

OCEANIA
Australia (including components and dependent areas overseas) Papua New Guinea
Fiji Solomon
Islands
Kiribati Tonga
Marshall Islands
Tuvalu
Micronesia, Federated States of Nauru
Vanuatu
New Zealand (including components and dependent areas overseas) Samoa
Palau

SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
Antigua and Barbuda
Honduras
Argentina Nicaragua
Barbados Panama
Belize Paraguay
Bolivia
Saint Kitts and Nevis
Chile Saint
Lucia
Costa Rica
Saint Vincent and the Grenadines
Cuba Suriname
Dominica
Trinidad and Tobago
Grenada Uruguay
Guatemala Venezuela

DEPARTMENT OF STATE
[Public Notice: 9316]
30-Day Notice of Proposed Information
Collection: Six DDTC Information
Collections
ACTION: Notice of request for public comments.
SUMMARY
The Department of State is seeking Office of Management and Budget (OMB) approval for the information collections described below. In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on these collections from all interested individuals and organizations. The purpose of this notice is to allow 30 days for public comment preceding submission of the collections to OMB.
DATE (S):
The Department will accept comments from the public until November 12, 2015.
ADDRESSES
Direct comments to the  Department of State Desk Officer in the  Office of Information and Regulatory
Affairs at the Office of Management and  Budget (OMB). You may submit comments by the following methods:

Email: oira_submission@omb.eop.gov.

You must include the DS form number, information collection title, and the OMB control number in the subject line of your message. •

Fax: 202–395–5806.

Attention: Desk Officer for Department of State.

FOR FURTHER INFORMATION CONTACT:

Direct requests for additional information to Mr. Glenn Smith, PM/DDTC, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522–0112, who may be reached via phone at (202) 663–2737, or via email at smithge2@state.gov. 

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PLEASE NOTE that the Visa process is often abused.  Immigrants and refugees can and do originate from one country, but enter the United States via another.