March 18, 2003
Reorganization of Title 8 Regulations Due to Transfer
of Functions
The Homeland Security Act of 2002 (HSA) transferred
the functions of the Immigration and Naturalization Service (INS) to the Department
of Homeland Security (DHS). Within DHS, former INS functions are now administered
by the Directorate of Border and Transportation Security and the Bureau of
Citizenship and Immigration Services. The HSA, however, retained the Executive
Office for Immigration Review (EOIR) in the Department of Justice under the
direction of the Attorney General. This functional change required the reorganization
of Title 8 of the Code of Federal Regulations (8 CFR).
The 8 CFR changes were published in the Federal
Register on February 28 and March 5, 2003, and included the following
key provisions:
- Prior to these changes, all regulations in 8 CFR relating to EOIR and
INS were codified in Chapter I. As part of the reorganization of 8 CFR,
a new Chapter V in 8 CFR, entitled “Executive Office for Immigration Review,
Department of Justice,” was established.
- Part 3 of Chapter I and almost all of part 240 of Chapter I were moved
to the new Chapter V because these provisions relate to the jurisdiction
and procedures of EOIR. Thus, part 3 of Chapter I was moved to part 1003
of Chapter V. Similarly, a large portion of part 240 of Chapter I was moved
to part 1240 of Chapter V.
- When referring to a regulation that has been moved to Chapter V, the new
citation for this regulation should be used in legal filings. For example,
former 8 CFR § 3.23 (reopening or reconsideration before the Immigration
Court) should now be cited as 8 CFR § 1003.23. Similarly, former 8 CFR
§ 240.8 (burdens of proof in removal proceedings) should now be cited as
8 CFR § 1240.8. Under this technical restructuring, however, an incorrect
citation to a regulation that was moved to Chapter V will be considered
inconsequential.
- In addition, a large number of parts and sections of Chapter I were duplicated
in the new Chapter V because they relate to proceedings before EOIR and
INS. For example, in asylum proceedings before Immigration Judges, applicable
provisions of Chapter I, part 208 (e.g., 8 CFR § 208.15(a)) are established
in parallel in Chapter V, part 1208 (e.g., 8 CFR § 1208.15(a)).
- When referring to a regulation in Chapter I that has been duplicated in
Chapter V (i.e., where there are parallel provisions in both chapters),
citation to that regulation in either chapter would be correct under this
technical restructuring. For example, 8 CFR § 208.13 (establishing asylum
eligibility) has been duplicated in Chapter V as 8 CFR § 1208.13. You may
continue to refer to this regulation as 8 CFR § 208.13.
- The March 5, 2003 final rule in the Federal Register amends the
rule published on February 28 by changing certain internal reference citations.
For example, the reference in §1003.1(b)(2) of Chapter V to “Part 240"
has been changed to “Part 1240.”
- EOIR -
