GAO-01-825R

United States General Accounting Office

Washington, DC 20548

B-287957

June 15, 2001

The Honorable Patrick J. Leahy

Chairman

The Honorable Orrin G. Hatch

Ranking Minority Member

Committee on Judiciary

United States Senate

The Honorable F. James Sensenbrenner

Chairman

The Honorable John Conyers

Ranking Minority Member

Committee on Judiciary

House of Representatives

Subject: Department of Justice, Immigration and Naturalization Service: Adjustment

of Status Under Legal Immigration Family Equity (LIFE) Act Legalization

Provisions and LIFE Act Amendments Family Unity Provisions

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a

major rule promulgated by the Department of Justice, Immigration and

Naturalization Service (Service), entitled “Adjustment of Status Under Legal

Immigration Family Equity (LIFE) Act Legalization Provisions and LIFE Act

Amendments Family Unity Provisions” (RIN: 1115-AG06). We received the rule on

May 30, 2001. It was published in the Federal Register as an “interim rule with

request for comments” on June 1, 2001. 66 Fed. Reg. 29661.

The interim rule implements section 1104 of the Legal Immigration Family Equity Act

(LIFE Act) and the LIFE Act Amendments by establishing procedures for certain

class action participants to become lawful permanent residents of this country. The

interim rule also implements section 1504 of the LIFE Act Amendments by providing

for a stay of removal and work authorization for certain spouses and unmarried

children of those aliens eligible to adjust under section 1104 of the LIFE Act.

Enclosed is our assessment of the Service’s compliance with the procedural steps

required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.

Our review indicates that the Service complied with the applicable requirements.
Page 2 GAO-01-825R

If you have any questions about this report, please contact James W. Vickers,

Assistant General Counsel, at (202) 512-8210. The official responsible for GAO

evaluation work relating to the subject matter of the rule is Norman Rabkin,

Managing Director, Tax Administration and Justice. Mr. Rabkin can be reached at

(202) 512-9110.

signed

Kathleen E. Wannisky

Managing Associate General Counsel

Enclosure

cc: Mr. Richard A. Sloan

Director, Policy Directive and

 Instructions Branch

Department of Justice
GAO-01-825R

ENCLOSURE

ANALYSIS UNDER 5 U.S.C. § 801(a)(1)(B)(i)-(iv) OF A MAJOR RULE

ISSUED BY

DEPARTMENT OF JUSTICE,

IMMIGRATION AND NATURALIZATION SERVICE

ENTITLED

"ADJUSTMENT OF STATUS UNDER LEGAL IMMIGRATION

FAMILY EQUITY (LIFE) ACT LEGALIZATION PROVISIONS AND

LIFE ACT AMENDMENTS FAMILY UNITY PROVISIONS"

(RIN: 1115-AG06)

(i) Cost-benefit analysis

While the Service did not prepare a cost-benefit analysis of the interim rule, the

Service notes that the interim rule will have an effect on the economy of:

-- $152,379,000 in 2001,

-- $77,352,000 in 2002, and

-- $34,260,000 in 2003.

This increase, according to the Service, is directly associated with the expected

increase in the number of applications and an increase in fees.

(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. §§ 603-605,

607, and 609

The Attorney General has certified that the interim rule will not have a significant

economic impact on a substantial number of small entities.

(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform

Act of 1995, 2 U.S.C. §§ 1532-1535

The interim rule does not contain either an intergovernmental or private sector

mandate, as defined in title II, of more than $100 million in any one year.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

The Service has determined that “good cause” exists to utilize the exceptions to

public notice and comment and the 30-day delay in the effective date of a rule of the

Administrative Procedure Act found at 5 U.S.C. 553(b)(3)(B) and (d)(3), respectively.

The Acts that are the basis of the interim final rule require implementing regulations
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to be issued with 120 days after the date of the legislation. However, the Service is

accepting comments on the interim rule until July 31, 2001.

Paperwork Reduction Act, 44 U.S.C. §§ 3501-3520

The interim rule contains information collections that are subject to review by the

Office of Management and Budget (OMB) under the Paperwork Reduction Act.

The Service has requested and obtained, on an emergency basis, approval for a new

Form I-485 and a revision of Form I-817; however, the approval is valid only for 180

days. The Service is submitting the collections for OMB’s regular review and is

accepting public comments until July 31, 2001. The preamble to the interim rule

contains the required information regarding the collections including the estimated

annual burden hours.

Statutory authorization for the rule

The interim rule is promulgated pursuant to the authority contained in the Legal

Immigration Family Equity Act (LIFE Act) (enacted by reference in Public Law 106-

553, December 21, 2000) and the LIFE Act Amendments (enacted by reference in

Public Law 106-554, December 21, 2000).

Executive Order No. 12866

The interim rule was reviewed by OMB and found to be a “significant regulatory

action” under the order.

Executive Order No. 13132 (Federalism)

The Service has determined that the interim rule does not have sufficient federalism

implications to warrant the preparation of a federalism summary impact statement.