[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR212.14]



[Page 211-212]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION 

OF CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents

 

Sec. 212.14  Parole determinations for alien witnesses and informants 

for whom a law enforcement authority (``LEA'') will request S 

classification.



    (a) Parole authority. Parole authorization under section 212(d)(5) 

of the Act for aliens whom LEAs seek to bring to the United States as 

witnesses or informants in criminal/counter terrorism matters and to 

apply for S classification shall be exercised as follows:

    (1) Grounds of eligibility. The Commissioner may, in the exercise of 

discretion, grant parole to an alien (and the alien's family members) 

needed for law enforcement purposes provided that a state or federal 

LEA:

    (i) Establishes its intention to file, within 30 days after the 

alien's arrival in the United States, a completed Form I-854, Inter-

Agency Alien Witness and Informant Record, with the Assistant Attorney 

General, Criminal Division, Department of Justice, in accordance with 

the instructions on or attached to the form, which will include the 

names of qualified family members for whom parole is sought;

    (ii) Specifies the particular operational reasons and basis for the 

request, and agrees to assume responsibility for the alien during the 

period of the alien's temporary stay in the United States, including 

maintaining control and supervision of the alien and the alien's 

whereabouts and activities, and further specifies any other terms and 

conditions specified by the Service during the period for which the 

parole is authorized;

    (iii) Agrees to advise the Service of the alien's failure to report 

quarterly any criminal conduct by the alien, or any other activity or 

behavior on the alien's part that may constitute a ground of 

excludability or deportability;

    (iv) Assumes responsibility for ensuring the alien's departure on 

the date of termination of the authorized parole (unless the alien has 

been admitted in S nonimmigrant classification pursuant to the terms of 

paragraph (a)(2) of this section), provides any and all assistance 

needed by the Service, if necessary, to ensure departure, and verifies 

departure in a manner acceptable to the Service;

    (v) Provide LEA seat-of-government certification that parole of the 

alien is essential to an investigation or prosecution, is in the 

national interest, and is requested pursuant to the terms and authority 

of section 212(d)(5) of the Act;

    (vi) Agrees that no promises may be, have been, or will be made by 

the LEA to the alien that the alien will or may:

    (A) Remain in the United States in parole status or any other 

nonimmigrant classification;

    (B) Adjust status to that of lawful permanent resident; or

    (C) Otherwise attempt to remain beyond the authorized parole. The 

alien (and any family member of the alien who is 18 years of age or 

older) shall sign a statement acknowledging an awareness that parole 

only authorizes a temporary stay in the United States and does not 

convey the benefits of S nonimmigrant classification, any other 

nonimmigrant classification, or any entitlement to further benefits 

under the Act; and

    (vii) Provides, in the case of a request for the release of an alien 

from Service custody, certification that the alien is eligible for 

parole pursuant to Sec. 235.3 of this chapter.

    (2) Authorization. (i) Upon approval of the request for parole, the 

Commissioner shall notify the Assistant Attorney General, Criminal 

Division, of the approval.

    (ii) Upon notification of approval of a request for parole, the LEA 

will advise the Commissioner of the date, time, and place of the arrival 

of the alien. The Commissioner will coordinate the arrival of the alien 

in parole status with the port director prior to the time of arrival.



[[Page 212]]



    (iii) Parole will be authorized for a period of thirty (30) days to 

commence upon the alien's arrival in the United States in order for the 

LEA to submit a completed Form I-854 to the Assistant Attorney General, 

Criminal Division. Upon the submission to the Assistant Attorney General 

of the Form I-854 requesting S classification, the period of parole will 

be automatically extended while the request is being reviewed. The 

Assistant Attorney General, Criminal Division, will notify the 

Commissioner of the submission of a Form I-854.

    (b) Termination of parole--(1) General. The Commissioner may 

terminate parole for any alien (including a member of the alien's 

family) in parole status under this section where termination is in the 

public interest. A district director may also terminate parole when, in 

the district director's opinion, termination is in the public interest 

and circumstances do not reasonably permit referral of the case to the 

Commissioner. In such a case, the Commissioner shall be notified 

immediately. In the event the Commissioner, or in the appropriate case, 

a district director, decides to terminate the parole of an alien witness 

or informant authorized under the terms of this paragraph, the Assistant 

Attorney General, Criminal Division, and the relevant LEA shall be 

notified in writing to that effect. The Assistant Attorney General, 

Criminal Division, shall concur in or object to that decision. Unless 

the Assistant Attorney General, Criminal Division, objects within 7 

days, he or she shall be deemed to have concurred in the decision. In 

the event of an objection by the Assistant Attorney General, Criminal 

Division, the matter will be expeditiously referred to the Deputy 

Attorney General for a final resolution. In no circumstances shall the 

alien or the relevant LEA have a right of appeal from any decision to 

terminate parole.

    (2) Termination of parole and admission in S classification. When an 

LEA has filed a request for an alien in authorized parole status to be 

admitted in S nonimmigrant classification and that request has been 

approved by the Commissioner pursuant to the procedures outlines in 8 

CFR 214.2(t), the Commissioner may, in the exercise of discretion:

    (i) Terminate the alien's parole status;

    (ii) Determine eligibility for waivers; and

    (iii) Admit the alien in S nonimmigrant classification pursuant to 

the terms and conditions of section 101(a)(15(S) of the Act and 8 CFR 

214.2(t).

    (c) Departure. If the alien's parole has been terminated and the 

alien has been ordered excluded from the United States, the LEA shall 

ensure departure from the United States and so inform the district 

director in whose jurisdiction the alien has last resided. The district 

director, if necessary, shall oversee the alien's departure from the 

United States and, in any event, shall notify the Commissioner of the 

alien's departure. The Commissioner shall be notified in writing of the 

failure of any alien authorized parole under this paragraph to depart in 

accordance with an order of exclusion and deportation entered after 

parole authorized under this paragraph has been terminated.

    (d) Failure to comply with procedures. Any failure to adhere to the 

parole procedures contained in this section shall immediately be brought 

to the attention of the Commissioner, who will notify the Attorney 

General.



[60 FR 44265, Aug. 25, 1995]