19400 Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Rules and Regulations 

1As noted below, EOIR will publish a notice in 

the Federal Register specifying the date on which 

attorneys and accredited representatives will first 

be able to register and the date by which attorneys 

and accredited representatives must register. The 

final rule revises slightly the proposed rule’s 

amendments to 8 CFR 1292.1(a)(1) and (a)(4) to 

clarify that EOIR will not require attorneys and 

accredited representatives to register by the 

effective date of this rule. Instead, EOIR will 

publish further implementation guidance in the 

Federal Register. 

2For purposes of this rule, the term ‘‘attorney’’ 

refers to any individual meeting the definition of 

‘‘attorney’’ in 8 CFR 1001.1(f), except any attorney 

who represents the Federal Government before 

EOIR. The term ‘‘accredited representative’’ refers 

only to an accredited representative who is 

accredited to appear before EOIR. See 8 CFR 

1292.2(d). The provisions of this rule do not apply 

to accredited representatives who are only 

accredited to appear before the Department of 

Homeland Security. See id. 

3As part of the registration process, attorneys and 

accredited representatives will be required to attest 

to the accuracy of the data they are submitting 

electronically. 

4 If an attorney or accredited representative 

cannot appear at a hearing because he or she has 

failed to register, the immigration judge has the 

means available to avoid prejudice to the alien’s 

case, which might include granting one-time 

permission for the attorney or accredited 

representative to appear in the case prior to 

registering, as discussed below, or a continuance 

under the applicable case law. 

(c) Preference compliance date. No 

later than April 1, 2014, procuring 

agencies, in accordance with this part, 

will give a procurement preference for 

qualifying biobased water turbine 

bearing oils. By that date, Federal 

agencies that have the responsibility for 

drafting or reviewing specifications for 

products to be procured shall ensure 

that the relevant specifications require 

the use of biobased water turbine 

bearing oils. 

Dated: March 25, 2013. 

Gregory L. Parham, 

Acting Assistant Secretary For 

Administration, U.S. Department of 

Agriculture. 

[FR Doc. 2013–07336 Filed 3–29–13; 8:45 am] 

BILLING CODE 3410–93–P 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Part 1292 

[Docket No. EOIR 138F; A.G. Order No. 

3377–2013] 

RIN 1125–AA39 

Registry for Attorneys and 

Representatives 

AGENCY: Executive Office for 

Immigration Review, Department of 

Justice. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This final rule adopts, as 

amended, the proposed rule to authorize 

the Director of the Executive Office for 

Immigration Review (EOIR), or his 

designee, to register attorneys and 

accredited representatives as a 

condition of practicing before 

immigration judges and the Board of 

Immigration Appeals (Board or BIA). 

The final rule provides that the Director 

may establish registration procedures, 

including a requirement for electronic 

registration, and may administratively 

suspend from practice before EOIR any 

attorney or accredited representative 

who fails to provide certain registration 

information. This rule is part of an 

initiative to create an electronic case 

access and filing system within EOIR. 

The Department of Justice (Department) 

will publish a notice in the Federal 

Register prior to implementing the 

registration process. Although this rule 

is published as a final rule, postpromulgation public comments will be 

considered as EOIR moves forward with 

other phases of its electronic access and 

filing initiative. 

DATES: Effective date: This rule is 

effective May 31, 2013. Comment date: 

Written comments must be submitted 

on or before May 31, 2013. 

ADDRESSES: You may submit comments, 

identified by EOIR Docket No. 138F, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Commenters should be aware that the 

electronic Federal Docket Management 

System will not accept comments after 

midnight Eastern Time on the last day 

of the comment period. 

• Mail: Jeff Rosenblum, General 

Counsel, Office of the General Counsel, 

Executive Office for Immigration 

Review, 5107 Leesburg Pike, Suite 2600, 

Falls Church, VA 22041. To ensure 

proper handling, please reference EOIR 

Docket No. 138F on your 

correspondence. You may also use this 

mailing address to submit disks or CD– 

ROMs. 

• Hand Delivery/Courier: Jeff 

Rosenblum, General Counsel, Office of 

the General Counsel, Executive Office 

for Immigration Review, 5107 Leesburg 

Pike, Suite 2600, Falls Church, VA 

22041. Contact Telephone Number (703) 

305–0470. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rosenblum, General Counsel, Executive 

Office for Immigration Review, 5107 

Leesburg Pike, Suite 2600, Falls Church, 

VA 22041, telephone (703) 305–0470 

(not a toll-free call). 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

On December 30, 2003, the 

Department published in the Federal 

Register a proposed rule that would 

establish a registry of attorneys and 

representatives who practice before 

EOIR. 68 FR 75160. The comment 

period ended March 1, 2004. The 

Department received seven letters from 

organizations and individuals, 

including the American Immigration 

Lawyers Association, several law school 

clinical programs, and two attorneys. 

Because some comments overlap and all 

of the commenters raised multiple 

subjects, the comments are addressed 

below by topic rather than by reference 

to a specific commenter. The changes to 

the proposed regulatory text made in 

response to public comments are 

addressed below. With the exception of 

the additional changes explained below, 

all other provisions of the proposed rule 

on which the public did not comment 

are adopted without change in this final 

rule. 

As described further below, EOIR 

regards this rule as an initial step in a 

multi-year, multi-phased initiative to 

make the transition to an electronic case 

access and filing system. Therefore, 

EOIR will accept post-promulgation 

comments regarding this rule and will 

consider them as it moves forward with 

its initiative. 

II. Regulatory Background 

This rule amends 8 CFR part 1292 by 

revising § 1292.1(a)(1) and (a)(4), and by 

establishing a new paragraph at 

§ 1292.1(f).1 These amendments provide 

the Director of EOIR with the authority 

to require attorneys and accredited 

representatives to register with EOIR in 

order to practice before its immigration 

judges and the Board.2 The rule 

specifies the information that attorneys 

and accredited representatives will need 

to provide to EOIR when registering. 

The Director will require that attorneys 

and accredited representatives register 

through electronic means.3

EOIR is permitted to authorize 

individuals to practice in proceedings 

before immigration judges and the 

Board. See 8 U.S.C. 1229a(b)(4)(A) and 

8 CFR part 1292. Pursuant to this final 

rule, attorneys and accredited 

representatives will need to register in 

order to be authorized to practice before 

EOIR. If an attorney or accredited 

representative who has cases pending 

with EOIR when this final rule takes 

effect fails to register by the deadline for 

registering, EOIR may administratively 

suspend that individual from practice.4

An attorney or accredited representative 


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5The notice of proposed rulemaking indicated 

that EOIR would issue UserIDs to registrants. See 

68 FR 75161. However, since the time of 

publication, application design and security 

standards have evolved, and it is now preferred that 

individual applicants select their own UserID and 

password to create online accounts. 

6EOIR intends to issue in a Federal Register 

notice guidance, as needed, to be followed when an 

attorney or accredited representative seeks to 

change his or her address. 

7EOIR will not require an attorney or accredited 

representative to include his or her online UserID 

on Form EOIR–27 and Form EOIR–28, as originally 

stated in the notice of proposed rulemaking, but 

instead EOIR will require each registrant to include 

his or her assigned, unique EOIR ID number on 

these forms. 

8Specifically, all attorneys will be required to list 

their state bar membership(s) as part of the online 

registration. An attorney who is a member of a state 

bar association that issues bar numbers will also be 

required to list his or her bar number(s) while 

registering. 

9 In the notice of proposed rulemaking, EOIR 

indicated that it may request that accredited 

representatives indicate the recognized organization 

with which they are affiliated. In this final rule, 

EOIR has decided to require that an accredited 

representative indicate the recognized 

organization(s) with which they are affiliated. This 

is consistent with the regulatory requirement that 

all accredited representatives must be affiliated 

with an organization that has received recognition 

by the Board pursuant to 8 CFR 1292.2(a). 

10See OMB Memorandum to the Heads of all 

Departments and Agencies, E-Authentication 

Guidance for Federal Agencies, Dec. 16, 2003, 

section 1.1, at http://www.whitehouse.gov/sites/ 

default/files/omb/memoranda/fy04/m04-04.pdf. 

11Personally identifiable information is 

‘‘information which can be used to distinguish or 

trace an individual’s identity, such as their name, 

social security number, biometric records, etc. 

alone, or when combined with other personal or 

identifying information which is linked or linkable 

to a specific individual, such as date and place of 

birth, mother’s maiden name, etc.’’ OMB 

Memorandum for the Heads of Executive 

Departments and Agencies, Safeguarding Against 

and Responding to the Breach of Personally 

Identifiable Information, May 22, 2007, at 1 n. 1, at 

http://www.whitehouse.gov/sites/default/files/omb/ 

memoranda/fy2007/m07-16.pdf. 

12OMB guidance states that the potential impact 

of an unauthorized release of sensitive information 

Continued 

subject to administrative suspension 

will be able to resume practicing before 

EOIR upon his or her completion of the 

registration process. While 

administrative suspension, on its own, 

is not disciplinary in nature, multiple 

attempts by an unregistered attorney or 

accredited representative to appear 

before EOIR may result in disciplinary 

sanctions. Any individual meeting the 

definition of ‘‘attorney’’ in 8 CFR 

1001.1(f) (other than one who represents 

the Federal Government) or the 

definition of ‘‘representative’’ in 8 CFR 

1001.1(j) is subject to disciplinary 

sanctions for misconduct, even if the 

individual is not registered. See 8 CFR 

1003.101(b). 

The requirement that attorneys and 

accredited representatives register with 

EOIR is part of an initiative to create an 

electronic case access and filing system 

within EOIR. The Government 

Paperwork Elimination Act (GPEA), 

Public Law 105–277, tit. XVII, section 

1704, 112 Stat. 2681, 2681–750 (Oct. 21, 

1998), 44 U.S.C. 3504 note, provides 

that, when practicable, Federal agencies 

will provide for the electronic 

submission of information. As an initial 

step in the process of creating an 

electronic filing system, EOIR must 

register attorneys and accredited 

representatives. 

When an attorney or accredited 

representative registers, he or she will 

create a unique UserID and password for 

online access to the registry, and EOIR 

will assign a unique EOIR identification 

number (EOIR ID number) to each 

registrant.5 The EOIR ID number will 

ensure that each attorney and accredited 

representative will be specifically 

identified in the electronic case filing 

system with his or her registration 

information. Currently, the Board and 

each immigration court assign a threecharacter identifier to attorneys and 

accredited representatives appearing 

before them for use in EOIR’s case 

tracking system. As a result, EOIR could 

have multiple identifiers for the same 

attorney or accredited representative in 

different courts, and different attorneys 

and accredited representatives may have 

the same identifiers in different courts. 

This decentralized structure is 

inadequate for the electronic case filing 

system that EOIR intends to establish. 

Through the registration process, 

EOIR will ensure that each attorney or 

accredited representative will be 

individually identified and associated 

with the registration information that 

the attorney or accredited representative 

will provide during registration. This 

will reduce errors concerning an 

attorney’s or accredited representative’s 

correct mailing address and avoid 

confusion as to who is representing a 

particular alien.6 Further, registered 

attorneys and accredited representatives 

will be able to access the registry with 

their unique UserIDs and passwords to 

update their registration information 

online and, in the future, to access 

EOIR’s electronic filing system.7

III. Registration 

Following the promulgation of this 

final rule, EOIR intends to require all 

attorneys and accredited representatives 

who practice before immigration judges 

or the Board to register online. EOIR 

will require that attorneys and 

accredited representatives provide the 

following information when registering: 

full name; date of birth; business 

address(es); business telephone 

number(s); email address; bar admission 

information (for attorneys); 8 and 

recognized organization (for accredited 

representatives).9

As noted above, EOIR will require an 

attorney or accredited representative to 

create a unique UserID and password for 

online access to the registry. Prior to 

approving a registry account and issuing 

an EOIR ID, EOIR will also require a 

registry applicant to present photo 

identification in person, so that the 

applicant’s identity can be validated. 

EOIR does not anticipate that the inperson presentation requirement will be 

unduly burdensome. Applicants for 

registration will be able to present their 

identification at any immigration court 

or at the Board’s Office of the Clerk. In 

addition, EOIR anticipates that 

applicants may be able to present their 

identification at other locations where 

EOIR hearings are conducted, including 

those where hearings are conducted by 

video conference. Before the registration 

requirement takes effect, EOIR will issue 

additional information on its Web site 

regarding the locations at which registry 

applicants will be able to present their 

identification. 

EOIR will include this online 

registration requirement consistent with 

mandatory guidance published by the 

Office of Management and Budget 

(OMB), which ‘‘requires agencies to 

review new and existing electronic 

transactions to ensure that 

authentication processes provide the 

appropriate level of assurance.’’ 10 Once 

registered, attorneys and accredited 

representatives will receive online 

access to sensitive information— 

specifically, personally identifiable 

information.11 Initially, registered 

attorneys and accredited representatives 

may have online access to clients’ 

names and addresses. In the future, once 

EOIR’s electronic filing system is 

introduced, registered attorneys and 

accredited representatives will have 

online access to clients’ court files, 

which often include additional sensitive 

information such as asylum 

applications, records of criminal 

convictions, and financial and medical 

records. 

Applying the standards set forth in 

the OMB guidelines, EOIR has 

determined that the potential impact of 

the unauthorized release of the sensitive 

information described above is 

moderate, as the unauthorized release of 

information such as an individual’s 

address, asylum application, records of 

criminal convictions, financial records, 

or medical records ‘‘could be expected 

to have a serious adverse effect’’ on the 

person involved.12 The OMB guidelines 


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is moderate if, ‘‘at worst, a release of personal * * * 

information to unauthorized parties result[s] in a 

loss of confidentiality with a moderate impact as 

defined in [the Federal Information Processing 

Standards Publication 199 [FIPS PUB 199], 

Standards for Security Categorization of Federal 

Information and Information Systems].’’ OMB 

Memorandum, supra note 10, section 2.2. In turn, 

FIPS PUB 199 states that the potential impact of a 

breach of security is moderate if ‘‘[t]he loss of 

confidentiality * * * could be expected to have a 

serious adverse effect on * * * individuals.’’ FIPS 

PUB 199, Feb. 2004, p. 2, at http://csrc.nist.gov/ 

publications/fips/fips199/FIPS-PUB-199-final.pdf. 

13OMB Memorandum, supra note 10, section 2.1, 

2.2. 

14See OMB Memorandum, supra note 11, at 7 

(stating that ‘‘[a]gencies must now * * * review 

their use of social security numbers in agency 

systems and programs to identify instances in 

which collection or use of the social security 

number is superfluous,’’ and that ‘‘[a]gencies must 

participate in government-wide efforts to explore 

alternatives to agency use of Social Security 

Numbers as a personal identifier for both Federal 

employees and in Federal programs’’). 

require that, where the potential impact 

of the unauthorized release of sensitive 

information is moderate, there must 

exist a ‘‘[h]igh confidence in the 

asserted identity’s validity’’ in order for 

an individual to access government 

services online.13 EOIR’s requirement 

that applicants present photo 

identification in person will provide 

EOIR with a high degree of confidence 

in a registering attorney’s or accredited 

representative’s identity, and therefore 

meets the standards of the OMB 

guidelines. 

This validation requirement replaces 

the requirement in the proposed rule 

that each registry applicant enter the 

last four digits of his or her Social 

Security number. See 68 FR 75162. 

EOIR notes that online security 

standards have evolved since the 

proposed rule was published in 2003, 

and EOIR believes that the proposed 

rule’s procedures for registration and 

validation of identity, while sufficient 

then, would not comply with current 

security standards. Further, OMB has 

broadly directed agencies to reduce 

their collection of social security 

numbers.14

EOIR is implementing this 

requirement that a registry applicant 

validate his or her identity by 

presenting photo identification as a final 

rule, because this validation method is 

a logical outgrowth of the requirement 

in the proposed rule that an applicant 

submit the last four digits of his or her 

social security number. See, e.g., 

Environmental Defense Center v. U.S. 

E.P.A., 344 F.3d 832, 852 (9th Cir. 

2003); American Water Works Ass’n v. 

E.P.A., 40 F.3d 1266, 1274 (D.C. Cir. 

1994). Both requirements represent 

means of validating an applicant’s 

identity before registration is permitted; 

the final rule simply changes how the 

applicant’s identity is validated. An 

interested party should have anticipated 

that the final rule would continue to 

contain a validation requirement 

involving personally identifiable 

information. See Environmental Defense 

Center, 344 F.3d at 851 (stating that 

‘‘[i]n determining whether notice was 

adequate [where a final rule differs from 

a proposed rule], we consider whether 

the complaining party should have 

anticipated that a particular requirement 

might be imposed’’). Although, under 

the final rule, an attorney or accredited 

representative must validate his or her 

identity in person, EOIR does not 

believe that the requirement will impose 

a significant burden on applicants. As 

noted above, applicants will be able to 

present their identification at any 

immigration court and at the Board’s 

Office of the Clerk, and EOIR anticipates 

that applicants may also be able to 

present their identification at other 

locations where EOIR hearings are 

conducted, including those where 

hearings are conducted by video. 

The notice of proposed rulemaking 

also indicated that EOIR would request, 

but not require, an email address during 

the registration process. However, in the 

years since the proposed rule was 

published, Internet connectivity has 

become extremely common and, for the 

legal profession, a necessity. In 

recognition of the widespread use of 

Internet connected computers and other 

devices, this final rule requires that 

attorneys and accredited representatives 

who register provide an email address. 

Further, EOIR must obtain an email 

address for each attorney and accredited 

representative in order to send caserelated notices to them electronically. 

The ability to do this is essential to 

implement the electronic filing system 

that EOIR intends to establish in the 

future. Given the wide availability and 

use of the Internet in the legal 

profession, the provision in the final 

rule requiring an email address during 

the registration process does not impose 

a significant burden on applicants and 

does not constitute a significant change 

to the proposed rule. 

Prior to implementing the registration 

process, the Department will publish a 

notice in the Federal Register that 

provides the date on which registration 

will commence, the date by which all 

attorneys or accredited representatives 

must register, and instructions for 

registering. 

IV. Responses to Comments 

Comment. One commenter questioned 

the utility of an attorney registry. The 

commenter stated that registration 

would constitute an unnecessary burden 

on attorneys because the requested 

information would be duplicative of 

that requested in Form EOIR–27 and 

Form EOIR–28 (Notice of Appearance). 

The commenter also suggested that 

EOIR require registration only for those 

persons who wish to participate in an 

electronic filing system. 

Response. As explained above, the 

requirement that attorneys and 

accredited representatives register with 

EOIR is part of an initiative to create an 

electronic case access and filing system 

pursuant to the GPEA. EOIR must 

register attorneys and accredited 

representatives as an initial step in the 

process of creating an electronic filing 

system. 

Registration will primarily consist of 

providing, through an EOIR Web page, 

the information described in the 

regulation and presenting photo 

identification in person, so that the 

registry applicant’s identity can be 

validated. This process is free and 

relatively simple. The information 

collected will be different, in part, from 

that requested in Form EOIR–27 and 

Form EOIR–28 and will consist of the 

applicant’s name, business address(es), 

business telephone number(s), date of 

birth, email address, bar admission 

information (if applicable), and 

recognized organization (if applicable). 

As discussed below, the collected 

information will be used to approve a 

unique UserID and password created by 

each registrant that will permit access to 

the registry and, in the future, access to 

EOIR’s electronic filing system. Also, 

EOIR will assign each registrant a 

unique EOIR ID number and require that 

the registrant include this EOIR ID 

number on any Form EOIR–27 or Form 

EOIR–28 he or she files with EOIR. In 

accordance with the Paperwork 

Reduction Act, the Department is 

republishing in this rule the new 

information collection, previously 

published in the 2003 proposed rule, in 

order to obtain additional comments 

from the public and affected agencies. 

The Department notes that the 

registration of attorneys and accredited 

representatives will benefit both EOIR 

and the registrants. The registry will 

ensure that each attorney or accredited 

representative is individually and 

uniquely identified and associated with 

the registration information that the 

attorney or accredited representative 

will provide during registration. This 

will increase efficiency by reducing 

system errors in scheduling matters and 

providing improved notice to attorneys 

and accredited representatives. Further, 

registration will ultimately enable an 

electronic filing system that will reduce 


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Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Rules and Regulations 19403 

15The one-time exception applies only to ‘‘one 

hearing’’ before an immigration judge. Note that 

generally, the Board decides appeals by conducting 

a paper review of cases, and only rarely holds oral 

argument. Because the immigration courts regularly 

hold courtroom proceedings and the Board rarely 

holds oral argument where attorneys or accredited 

representatives appear in person, the final rule 

provides that only an immigration judge may grant 

a one-time exception to allow an unregistered 

practitioner to appear. 

16 ‘‘One hearing’’ means a single appearance by an 

attorney or accredited representative on behalf of a 

respondent(s) in a single case. This means that, for 

example, if an unregistered attorney or accredited 

representative is permitted under the one-time 

exception to appear on behalf of a respondent at a 

master calendar hearing, the attorney or accredited 

representative must register before representing any 

additional respondents appearing in different cases 

at that court session. In exceptional circumstances, 

in order to avoid prejudice or delay to other 

scheduled cases, ‘‘one hearing’’ may include an 

attorney or accredited representative appearing on 

behalf of more than one respondent at the same 

court session. 

the time and expense presently incurred 

with paper filings. 

Such an electronic filing system will 

also lead to automation of EOIR’s case 

management system and bring greater 

efficiency to EOIR’s handling of cases. 

In order to yield significant benefit from 

electronic filing, EOIR must include all 

attorneys and accredited representatives 

who appear before it. Therefore, 

attorneys and accredited representatives 

will be required to participate. 

Comment. One commenter expressed 

concern that the online registration 

process would be complicated for users. 

The commenter noted that attorneys 

who practice before EOIR have varied 

computer skills. 

Response. The Department 

appreciates the concerns expressed by 

the commenter. EOIR intends to create 

a user-friendly online registry and 

instructions for usage. As discussed 

previously, significant changes have 

occurred in the use of computers and 

the Internet since publication of the 

proposed rule. Computer usage and 

Internet access have become extremely 

common and a necessary aspect of the 

practice of law, including for the 

purposes of legal research and 

electronically filing documents with 

many courts. Therefore, the 

commenter’s concerns regarding the 

computer skills of attorneys or 

accredited representatives are less 

pertinent now than they were at the 

time of the comment in 2004. 

Comment. Two commenters 

expressed concerns about the proposal 

to place a ‘‘Practitioner Workstation’’ in 

each immigration court and at the Board 

to facilitate registration for attorneys 

and accredited representatives who did 

not have access to the Internet. One of 

the commenters noted that workstations 

would be costly to taxpayers, while 

another thought that maintaining a 

workstation at each court would be too 

burdensome. 

Response. The notice of proposed 

rulemaking stated that EOIR would 

provide a ‘‘Practitioner Workstation’’ in 

each immigration court and at the Board 

in order to allow attorneys and 

accredited representatives to register 

electronically. As noted above, in the 

time that has elapsed since publication 

of the proposed rule, Internet access has 

become extremely common, and a 

necessity for the practice of law. Most 

representatives have access to the 

Internet at home or work. Therefore, the 

Department does not believe that 

dedicated workstations are necessary at 

this time and cannot justify the expense 

of maintaining them. Accordingly, the 

final rule does not provide for EOIR to 

set up dedicated workstations at its 

immigration courts or offices. EOIR 

recognizes that, without such 

workstations, an unregistered attorney 

or accredited representative may not be 

able to register ‘‘immediately’’ after a 

hearing at which he or she is permitted 

to appear, as contemplated by the 

proposed rule. Therefore, EOIR has 

revised the language in the final rule to 

indicate that an unregistered attorney or 

accredited representative who is 

permitted to appear at a hearing must 

register ‘‘without delay.’’ 

Comment. One commenter stated that 

the registration system should be 

designed to permit an unregistered 

attorney to appear at a hearing in the 

place of the attorney of record in a case 

without having to register. 

Response. The final rule provides that 

an ‘‘immigration judge may, under 

extraordinary and rare circumstances, 

permit an unregistered attorney or 

accredited representative to appear at 

one hearing if the immigration judge 

first acquires from the attorney or 

accredited representative, on the record, 

the required registration 

information.’’ 15 This one-time 

exception to the registration 

requirement permits a single appearance 

by an unregistered attorney, or 

accredited representative at one 

hearing.16 The hearing may be a master 

calendar, individual, custody or any 

other type of hearing. Such permission, 

if granted, would allow an unregistered 

attorney or accredited representative to, 

for example, ‘‘fill in’’ for an attorney of 

record prior to completing the 

registration process. However, the final 

rule also requires the unregistered 

attorney or accredited representative to 

complete the registration process 

without delay after the hearing. 

The Department believes that this 

provision is appropriate. It not only 

provides an opportunity for an 

unregistered attorney or accredited 

representative to appear when 

extraordinary and rare circumstances 

are present, but also ensures that the 

attorney or accredited representative 

will be properly registered in case he or 

she needs to appear before EOIR in the 

future. Such an approach maintains the 

integrity of the registry while providing 

flexibility when necessary. Registration 

is not burdensome because it is free and 

relatively simple. 

Comment. One commenter stated that 

an immigration judge should not be 

authorized to permit an unregistered 

attorney to appear at a single hearing. 

The commenter was concerned that 

immigration courts may lack the ability 

to track and enforce the provision that 

an unregistered attorney will only be 

permitted to appear at one hearing until 

he or she is registered. 

Response. While the Department 

appreciates the commenter’s concern, 

the Department believes that it is 

necessary to provide immigration judges 

with the discretion to permit a single 

appearance by an unregistered attorney 

or accredited representative when 

circumstances warrant. This provision 

safeguards the right of aliens to be 

represented by counsel of their choice 

and may avoid unnecessary delays. If an 

unregistered attorney or accredited 

representative appears at a hearing and 

fails to complete the registration process 

after the hearing, that attorney or 

accredited representative would not be 

eligible to appear again until he or she 

registers, and EOIR may also consider 

whether additional sanctions might be 

appropriate under the circumstances. 

Comment. One commenter raised a 

number of concerns about the impact of 

the registry on individual immigration 

cases. The commenter believed that 

registration would preclude multiple 

attorneys from representing the same 

alien and that EOIR should permit 

multiple attorneys to appear in the same 

case. The commenter also expressed 

concern that an attorney who leaves a 

law firm can simply change his or her 

address in the registry without 

informing the law firm, presumably to 

take cases belonging to the law firm to 

another practice. Further, the 

commenter cautioned that EOIR needed 

to safeguard against a situation in which 

an accredited representative leaves the 

employ of a recognized organization 

before completing representation on all 

cases in which the accredited 

representative entered an appearance. 

Finally, the commenter suggested that 

when EOIR issues electronic notices, it 

should: transmit all notices to all 

attorneys of record on a case; provide by 


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19404 Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Rules and Regulations 

17EOIR is not requiring those attorneys, 

accredited representatives, and faculty members in 

supervisory roles to register. There is no regulatory 

requirement that, when an alien is represented 

through a law school clinic, the supervisor enter an 

appearance before EOIR. In addition, with respect 

to supervisors who are not attorneys or accredited 

representatives, there is no specific regulatory 

provision under which they can appear before 

EOIR. Even though EOIR is not requiring law 

students or supervisors to register, EOIR anticipates 

that, in the future, its electronic filing system will 

permit filing where the alien is represented through 

a law school clinic. 

regular mail a copy of any notice sent 

electronically; and send a copy of all 

electronically served notices to a 

represented alien’s email address. A 

different commenter wanted EOIR to 

ensure that all correspondence from 

EOIR will be sent to the attorney of 

record on a particular case, even if 

another attorney ‘‘filled in’’ for the 

attorney of record at a hearing. 

Response. The registry will not 

change EOIR’s current policies or 

practices regarding representation. For 

example, multiple attorneys or 

accredited representatives will continue 

to be permitted to appear 

simultaneously in a case before the 

immigration court, subject to 

conditions, and the immigration court 

will continue to send correspondence to 

the attorney or accredited representative 

of record, and not to any other attorney 

or representative who ‘‘filled in’’ for 

him or her. As the Board only 

recognizes one attorney or accredited 

representative of record, the Board will 

also only send correspondence to the 

attorney or accredited representative of 

record. In addition, the registry will not 

change EOIR’s regulations providing 

that individual attorneys or accredited 

representatives, as opposed to law firms 

or recognized organizations, represent 

respondents. See 8 CFR 1292.1, 

1292.4(a). If an attorney changes firms 

and notifies EOIR of his or her address 

change, he or she remains the attorney 

of record, absent the immigration judge 

or Board granting a request for 

withdrawal or substitution. See 8 CFR 

1003.17(b). Similarly, if an accredited 

representative leaves a recognized 

organization, and notifies EOIR of his or 

her accreditation with another 

recognized organization, he or she 

remains the representative of record, 

absent the immigration judge or Board 

granting a request for withdrawal or 

substitution. See id. 

If EOIR requires mandatory electronic 

filing in the future, it will issue a notice 

of proposed rulemaking on that subject, 

providing an opportunity to consider 

issues that may arise in individual cases 

due to such a system. The Department 

will consider such comments when 

determining how to establish an 

electronic filing system. 

Comment. One commenter expressed 

concern regarding attorneys who may 

appear at hearings on behalf of a 

number of different law offices. The 

commenter stated that attorneys ‘‘who 

appear as ‘Of Counsel’ to other attorneys 

in particular cases, might find 

themselves unnecessarily subject to 

sanctions or other punishment simply 

because the nature of their practice 

requires them to handle cases on behalf 

of a number of different law firms.’’ 

Response. Under the contemplated 

registration process, EOIR intends to 

require all attorneys and accredited 

representatives to register electronically. 

The fact that an individual attorney may 

handle cases on behalf of a number of 

different law offices will not be 

problematic under the registration 

process, as the registry will permit an 

individual attorney or accredited 

representative to enter multiple 

addresses. 

Comment. Two commenters, 

representing several law school clinical 

programs, suggested that law school 

clinics should be able to register as 

entities in lieu of registering individual 

law students. They stated that 

permitting clinics to register as entities 

would make sense in light of the high 

turnover rate of law students and the 

close supervision that the law students 

receive by the faculty member who runs 

the clinic. Both commenters asserted 

that registering the clinic, not the 

individual student, would improve 

notice and accountability, and would 

increase efficiency by limiting any 

complications that may arise when 

cases are transferred between students 

when they leave the clinic. One of the 

commenters also expressed concern that 

registered law students may use that 

registration to represent aliens without 

the clinic’s oversight. The other 

commenter noted that while an 

individual student should not be able to 

register, he or she should continue to be 

able to enter a notice of appearance in 

his or her own name. 

Response. The Department agrees 

with the commenters that law students 

should not be required to register with 

EOIR. The Department believes that, 

given the transient nature of law 

students’ participation in clinical 

programs and the limited circumstances 

under which students can represent 

individuals before EOIR, it would be 

overly burdensome to require students 

to register. Specifically, it would be 

impractical to design a system under 

which a student’s registration expired 

when he or she left a clinical program, 

particularly given the absence of any 

mechanism to inform EOIR when a 

student leaves a program. Further, there 

is no regulatory provision permitting a 

law student to appear before EOIR if not 

enrolled in a ‘‘legal aid program or 

clinic,’’ and it would be problematic for 

those students to remain registered after 

leaving a clinical program. See 8 CFR 

1292.1(a)(2)(ii) (stating, among other 

requirements, that a law student must 

be participating ‘‘in a legal aid program 

or clinic conducted by a law school or 

non-profit organization’’). For these 

reasons, under the final rule, law 

students will not be required to register 

with EOIR. This rule will not affect the 

ability of a law student to enter an 

appearance in his or her own name 

pursuant to 8 CFR 1292.1(a)(2). 

The Department does not adopt the 

commenters’ suggestion that EOIR 

register law school clinic programs. 

EOIR’s long-standing policy has been to 

only recognize individuals, and not 

entities, as representatives. See 8 CFR 

1292.1, 1292.4(a). Entities, unlike 

attorneys or accredited representatives, 

are not subject to disciplinary sanctions 

for violations of the Department’s 

regulations. See 8 CFR 1003.101(b). 

Therefore, EOIR would have difficulty 

regulating the conduct of entities if they 

were registered as the official 

representative on a case. With respect to 

commenters’ concerns regarding 

accountability in cases handled by law 

students, the Department notes that law 

students’ appearances are governed by 

detailed regulations intended to ensure 

that the students receive adequate 

supervision. Specifically, to appear 

before EOIR, a law student must file a 

statement indicating, in part, ‘‘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.’’ 8 CFR 1292.1(a)(2)(ii). The 

adjudicator must expressly permit the 

student to appear, and the adjudicator 

‘‘may require that [the] student be 

accompanied by the supervising faculty 

member, attorney, or accredited 

representative.’’ 8 CFR 1292.1(a)(2)(iv). 

In addition, once the final rule takes 

effect, the supervising faculty member 

(if he or she is also an attorney or 

accredited representative), attorney, or 

accredited representative will have the 

option to register.17

In light of its decision not to register 

law students, the Department has 

reconsidered whether it should register 

all of the ‘‘representatives’’ outlined in 

8 CFR 1292.1. Because attorneys and 

accredited representatives account for 

the majority of individuals who practice 

before EOIR and may represent 


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Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Rules and Regulations 19405 

18This final rule does not impose any new duties 

on or amend the regulations at 8 CFR part 1292 

governing reputable individuals, law graduates, or 

accredited foreign government officials. 

19On June 9, 2011, the U.S. Government 

launched a multi-agency, nationwide initiative to 

combat immigration services scams. The 

Department, including EOIR, along with the 

Department of Homeland Security and the Federal 

Trade Commission, are leading this effort. 

Additional information is available at http:// 

www.justice.gov/eoir/press/2011/ 

UPILJointRelease%2006092011.pdf. 

individuals without further 

authorization from an adjudicator, the 

Department will require these 

individuals to register. However, 

registering law graduates, reputable 

individuals, and accredited foreign 

government officials would be of 

extremely limited value. Law graduates 

and reputable individuals require prior 

permission to practice from the 

adjudicator on each case, and reputable 

individuals are ineligible to practice 

regularly before EOIR. See 8 CFR 

1292.1(a)(2)(iv) and 1292.1(a)(3)(iv). 

Further, an accredited foreign 

government official may only appear 

before EOIR when acting in his or her 

official capacity and representing 

individuals who are from his or her 

country. See 8 CFR 1292.1(a)(5). 

Because the Department has decided 

to require registration of only attorneys 

and accredited representatives, it is no 

longer appropriate, as originally 

proposed, to amend the definition of 

‘‘representative’’ at 8 CFR 1001.1(j) to 

state that all representatives must be 

registered. Instead, it is necessary to 

amend 8 CFR 1292.1(a)(4) so that the 

regulations will specifically require 

registration of only accredited 

representatives, and not other types of 

representatives.18 Due to this change, 

the Department will amend the parallel 

provision concerning attorneys at 8 CFR 

1292.1(a)(1), rather than the regulatory 

definition of attorney at 8 CFR 1001.1(f). 

Comment. One commenter suggested 

that law firms should be able to register 

rather than the individual attorneys 

employed by the law firm. 

Response. As indicated above with 

regard to registration of law clinics, 

EOIR has a long-standing policy of 

recognizing only individuals as the 

attorney or representative of record for 

an alien. The reasons stated for 

declining to permit law clinics to 

register are equally applicable to law 

firms. 

Comment. One commenter was 

concerned that EOIR would publicly 

disclose the information that it collects 

from attorneys and representatives 

during the registration process. The 

commenter also indicated that attorneys 

and representatives should not have to 

provide their home addresses or other 

private or personal information to EOIR. 

Response. The information that EOIR 

will collect under this regulation is 

protected by the Privacy Act of 1974. 

See 5 U.S.C. 552a. The collected 

information will be part of a published 

system of records established pursuant 

to the Privacy Act. See 69 FR 26179 

(May 11, 2004). EOIR may disclose 

information under the routine uses 

specified in the system of records 

notice. 69 FR at 26179–26180. 

The Department may amend the 

system of records notice related to the 

information collected for the registry 

and may publish additional routine 

uses. One such routine use, as described 

further below, may involve the 

disclosure on EOIR’s Web site of the 

name and business address of each 

registrant so that the public will have 

notice of all attorneys and accredited 

representatives who are registered to 

practice before EOIR. The Department 

will publish any changes to the system 

of records notice in the Federal 

Register. 

The final rule requires that 

individuals provide some personal 

information to EOIR. Attorneys and 

accredited representatives who register 

must provide an address; however, this 

address should be the address at which 

the registering individual normally 

receives business correspondence. If the 

registering individual’s home address 

also serves as his or her business 

address, then the individual must 

provide that address to EOIR. Likewise, 

attorneys and accredited representatives 

who register must provide a business 

telephone number. 

EOIR will also collect from attorneys 

and accredited representatives their 

dates of birth. This information will not 

be published, but is necessary for 

validation purposes and to differentiate 

and identify individuals in the registry. 

There may be numerous attorneys and 

accredited representatives with the 

same name. This additional unique 

identifying information will assist EOIR 

in properly authorizing individuals for 

inclusion in the registry and 

communicating with the appropriate 

individual on a case. However, as noted 

above, the Department has decided not 

to collect the last four digits of 

registrants’ Social Security numbers. 

Comment. One commenter believes 

that registration will not assist in 

stopping the unauthorized practice of 

law before EOIR. The commenter stated 

that because Form EOIR–28 already 

requires attorneys to provide bar 

admission information, immigration 

judges and the Board are able to 

determine if an individual is authorized 

to practice without a registry. 

Response. The Department disagrees 

that a registry of attorneys and 

accredited representatives will not assist 

in combating the unauthorized practice 

of immigration law. The unauthorized 

practice of immigration law, sometimes 

colloquially called ‘‘notario’’ fraud, is a 

significant problem facing federal, state, 

and local regulators. The Department is 

part of a national initiative to combat 

this problem.19 Electronic registration 

will help EOIR to combat notario fraud. 

Specifically, as noted above, EOIR will 

require that, before a registry account is 

approved and an EOIR ID issued, an 

attorney or accredited representative 

must present EOIR with photo 

identification so that EOIR can confirm 

his or her identity. There is currently no 

requirement that attorneys and 

accredited representatives present photo 

identification to EOIR. 

A registry will provide EOIR 

adjudicators with a database of 

individuals who are authorized to 

practice before them. EOIR will require 

each registrant to provide his or her 

unique EOIR ID number on any Form 

EOIR–27 or Form EOIR–28 that he or 

she files, to assist adjudicators in more 

readily identifying the registrant’s 

status. Further, when EOIR eventually 

creates an electronic filing system, only 

registered attorneys and accredited 

representatives will be able to file 

documents electronically in cases. 

Finally, EOIR may provide a list of 

names and business addresses of 

registered attorneys and accredited 

representatives on its Internet Web site 

so that the public can determine if the 

individual from whom they are seeking 

representational services is in fact 

registered to practice before EOIR. The 

Department invites public comment on 

whether it should publish such a list on 

the Internet. 

Comment. Two commenters suggested 

that requiring attorneys and 

representatives to register with EOIR 

would have a negative effect on pro 

bono representation of aliens. Both 

commenters expressed concerns that 

registration would deter lawyers from 

pro bono practice if they have never 

before practiced immigration law 

because they might believe that 

registering is too burdensome. 

Response. EOIR is committed to 

encouraging pro bono and low cost 

representation of aliens. EOIR maintains 

and distributes to unrepresented aliens 

a list of free legal services. See 8 CFR 

1003.61 et seq. Further, EOIR has a 

program by which it officially 

recognizes non-profit organizations and 


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20As noted above, EOIR intends to issue 

guidance, as needed, to be followed when an 

attorney or accredited representative seeks to 

change his or her address. 

accredits non-attorney members of those 

organizations to provide representation 

to aliens for a nominal fee. 8 CFR 

1292.2. Although a pro bono attorney 

will need to register, it is a one-time 

event consisting of a simple two-step 

process that can be accomplished 

quickly, easily, and at no cost to the 

registrant. 

The Department does not believe that 

pro bono representation will be 

significantly affected by requiring 

registration. Attorneys are familiar with 

the concept of having to be admitted to 

practice prior to appearing before a 

tribunal. Therefore, attorneys who have 

never practiced immigration law should 

expect that they may need to register in 

order to practice before EOIR. 

Further, attorneys wishing to appear 

on EOIR’s list of free legal services must 

apply to be placed on the list, see 8 CFR 

1003.62, 1003.63, and recognized 

organizations that seek accreditation of 

non-attorneys to practice before EOIR 

must apply for that accreditation. See 8 

CFR 1292.2(d); Matter of EAC, Inc., 24 

I&N Dec. 563 (BIA 2008). There is no 

evidence that either of these 

requirements has significantly affected 

pro bono representation. Likewise, the 

Department does not expect that the 

registration process outlined in this 

final rule will deter pro bono 

representation. 

Comment. One commenter stated that 

the regulation should require counsel 

for the Department of Homeland 

Security (DHS) to register with EOIR. 

Response. The purpose of the registry 

is to create a database of all private 

attorneys and accredited representatives 

who appear before EOIR. This registry 

will ensure that EOIR is only allowing 

authorized individuals to practice 

before its immigration judges and the 

Board. The reasons for registering 

private attorneys and accredited 

representatives are not relevant to DHS 

counsel. DHS counsel are Federal 

employees and may include any officer 

assigned to represent DHS in any 

proceeding before an immigration judge 

or the Board. See 8 CFR 1001.1(s). 

Therefore, it is extremely unlikely that 

an unauthorized individual would 

represent DHS at an EOIR proceeding. 

For these reasons, the Department 

declines to include DHS personnel in 

the registry. 

Comment. One commenter suggested 

that the registration process would 

inhibit robust representation of 

individuals in immigration proceedings 

by allowing the government to track 

which lawyers are taking 

‘‘controversial’’ cases. 

Response. EOIR disagrees that the 

registration process would inhibit 

robust representation of individuals in 

immigration proceedings. EOIR must 

register attorneys and representatives as 

an initial step in the process of creating 

an electronic case access and filing 

system. Registering attorneys and 

accredited representatives will reduce 

scheduling errors and avoid confusion 

as to who is representing a particular 

alien. In addition, registered attorneys 

and accredited representatives will be 

able to update their registration 

information electronically via the 

Internet and, in the future, access 

EOIR’s electronic filing system to 

submit and potentially retrieve 

documents.20 These benefits will 

encourage, not detract from, robust 

representation on behalf of individuals 

in immigration proceedings. 

EOIR is committed to providing fair 

and unbiased adjudications and in 

issuing this rule has no intent to inhibit 

the representation of aliens. The 

registration process would have no 

impact on ‘‘the practitioner’s duty to 

represent zealously his or her client 

within the bounds of the law.’’ See 8 

CFR 1003.102. 

V. Regulatory Requirements 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, has 

reviewed this regulation and, by 

approving it, certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. See 5 U.S.C. 605(b). 

The Department estimates that no 

more than 54,000 private attorneys and 

accredited representatives will register 

electronically the first year in order to 

practice before EOIR. Given that 

registration only needs to be done once, 

EOIR anticipates that in each 

subsequent year, the number of new 

initial registrants will be significantly 

lower than the number of such 

registrants for the first year. While EOIR 

does not keep statistics on the size of 

the firms and organizations of attorneys 

and accredited representatives 

practicing before EOIR, many of these 

attorneys and accredited representatives 

may be classified as or employed by 

‘‘small entities’’ as defined under 

section 601 of the Regulatory Flexibility 

Act. In particular, the Department 

recognizes that there are attorneys 

whose firms may be classified as ‘‘small 

businesses’’ and, thus, as ‘‘small 

entities’’ under section 601. For 

example, there may be attorneys 

practicing before EOIR who are solo 

practitioners or employed by firms with 

2 to 30 people. There are also non-profit 

religious, charitable, social service, or 

similar organizations recognized to 

practice before EOIR under 8 CFR 1292 

who employ accredited representatives. 

Some of these recognized organizations 

may also be classified as ‘‘small 

organizations’’ and, thus, as ‘‘small 

entities’’ under section 601. 

Although the exact number of law 

firms and recognized organizations that 

may be classified as ‘‘small entities’’ is 

not known, the Department certifies that 

this rule will not have a significant 

adverse economic impact on a 

substantial number of these entities. 

Registering electronically with EOIR 

will be a simple, routine process similar 

to registering online for a library card or 

other similar services. In order to 

register, attorneys and accredited 

representatives will need to access the 

Internet and complete an electronic 

registration providing the following 

information: name, business address(es), 

business telephone number(s), date of 

birth, email address, bar admission 

information (if applicable), and 

recognized organization (if applicable). 

Prior to approving a registry account 

and issuing an EOIR ID, EOIR will also 

require registrants to validate their 

identities by presenting photo 

identification in person. Completion of 

the registration process, including 

registering online and presenting photo 

identification for identity validation, 

will take approximately 10 minutes for 

each registrant and only needs to be 

completed once. 

There will be no financial costs to 

attorneys or accredited representatives 

to register. EOIR will not assess a fee to 

register. Most attorneys and accredited 

representatives practicing before EOIR 

currently have Internet access in order 

to conduct legal research, communicate 

with clients, access government 

resources, and submit filings to Federal 

courts of appeal and DHS; therefore, 

they will not need to incur any new 

costs in order to obtain access. 

Consequently, the Department believes 

that there will not be a significant 

adverse economic impact on the great 

majority of registrants. 

As described below in the 

certification under Executive Orders 

12866 and 13563, the Department 

believes that such registration will 

economically benefit registrants. By 

creating a registry in which each 

attorney or accredited representative is 

individually and uniquely identified, 

EOIR will be able to improve its 

correspondence with registrants 

regarding immigration matters, 


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21Following the issuance of Executive Order 

13563, the Department issued its ‘‘Preliminary Plan 

for Retrospective Analysis of Existing Rules’’ (Plan) 

on May 18, 2011, identifying several regulations 

that it plans to review. See Plan, available online 

at http://www.justice.gov/open/preliminary-doj-rrplan.pdf. In a separate rulemaking, the Department 

will address the proposed amendments that it is 

considering as part of the retrospective review 

under the Plan. Although this rulemaking 

addressing EOIR’s registry is not part of the 

Department’s retrospective review, it is consistent 

with the goals of that review. Specifically, it will 

improve the immigration courts’ and Board’s ability 

to function efficiently and, as the first step toward 

electronic filing, it will lead to major benefits for 

attorneys and accredited representatives who 

practice before EOIR. 

including scheduling matters before 

EOIR. This will reduce the likelihood 

that attorneys and accredited 

representatives will need to incur costs 

in communicating with clients and 

EOIR regarding incorrectly scheduled 

hearings. In addition, registration 

ultimately will enable an electronic 

filing system that will reduce the time 

and expense presently incurred with 

paper filings. Attorneys and accredited 

representatives will reduce the costs 

associated with purchasing paper and 

printing supplies to prepare paper-based 

forms and petitions and mailing such 

filings to EOIR and government counsel. 

Therefore, the Department certifies 

that this rule will not have a significant 

adverse economic impact on a 

substantial number of small entities. 

Unfunded Mandates Reform Act of 1995 

This rule will not result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined in section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. See 5 U.S.C. 804. 

As discussed in the certification under 

the Regulatory Flexibility Act, attorneys 

and accredited representatives will not 

be assessed a fee to register and, as 

Internet access in the legal field is 

ubiquitous, most will not need to incur 

any new costs in order to obtain access 

to the Internet. Thus, this rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

Executive Orders 12866 and 13563— 

Regulatory Planning and Review 

The final rule is considered by the 

Department of Justice to be a 

‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f)(4), 

Regulatory Planning and Review. 

Accordingly, the regulation has been 

submitted to OMB for review. The 

Department certifies that this regulation 

has been drafted in accordance with the 

principles of Executive Order 12866, 

section 1(b), and Executive Order 13563. 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility.21

This rule establishes procedures for 

private attorneys and accredited 

representatives to register electronically 

with EOIR as a condition of representing 

aliens before immigration judges and 

the Board. Requiring attorneys and 

accredited representatives to register 

electronically with EOIR is a necessary 

precursor to implementing an electronic 

case access and filing system. 

The registration of attorneys and 

accredited representatives will greatly 

benefit EOIR. Through the registration 

process, EOIR will ensure that each 

attorney or accredited representative 

will be individually identified and 

associated with the registration 

information that the attorney or 

accredited representative will provide 

during registration. This will reduce 

errors concerning an attorney’s or 

accredited representative’s correct 

mailing address and avoid confusion as 

to who is representing a particular alien. 

EOIR will collect from each authorized 

registrant a unique UserID and 

password that will permit registrants to 

access the registry in order to update 

their registration information online 

and, in the future, to access EOIR’s 

electronic filing system. Further, EOIR 

will use the collected information to 

assign a unique EOIR ID number to each 

registrant. EOIR will require each 

registrant to provide his or her unique 

EOIR ID number on any Form EOIR–27 

or Form EOIR–28 that he or she files to 

assist adjudicators in more readily 

identifying the registrant’s status. 

An online registration process will be 

required for registration. For the initial 

registration, attorneys and accredited 

representatives will be required to 

complete an electronic registration in 

which they must provide the following 

information: name, business address(es), 

business telephone number(s), date of 

birth, email address, bar admission 

information (if applicable), and 

recognized organization (if applicable). 

The Department estimates that no 

more than 54,000 attorneys and 

accredited representatives will register 

electronically the first year. Given that 

registration only needs to be done once, 

EOIR anticipates that in each 

subsequent year, the number of initial 

registrants will be significantly lower 

than the number of such registrants for 

the first year. For each registrant, 

completion of the registration process, 

including registering online and 

presenting photo identification in 

person for identity validation, will take 

approximately 10 minutes. There is no 

fee to register. Consequently, the 

Department believes that the costs to 

attorneys and accredited representatives 

to complete the registration process 

with EOIR will be nominal. 

The registration of attorneys and 

accredited representatives will greatly 

benefit registrants. The registry will 

ensure that each attorney or accredited 

representative is individually and 

uniquely identified and associated with 

the registration information that the 

attorney or accredited representative 

will provide during registration. This 

will increase efficiency by reducing 

system errors in scheduling matters and 

providing improved notice to attorneys 

and accredited representatives. In 

addition, registration ultimately will 

enable an electronic filing system that 

will reduce the time and expense 

presently incurred with paper filings. 

Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 


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19408 Federal Register / Vol. 78, No. 62 / Monday, April 1, 2013 / Rules and Regulations 

Executive Order 12988—Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Paperwork Reduction Act 

The Department of Justice has 

submitted a request for approval of a 

new information collection instrument 

to OMB for review in accordance with 

the Paperwork Reduction Act (PRA) of 

1995. The proposed new information 

collection was published and comments 

regarding the collection were requested 

in the notice of proposed rulemaking in 

2003 in accordance with 5 CFR 1320.11. 

See 68 FR 75160, 75163. The proposed 

new information collection is 

republished in this rule to obtain 

comments from the public and affected 

agencies. Comments are encouraged and 

will be accepted for sixty days in 

conjunction with the final rule. EOIR 

will not commence the proposed new 

information collection until it has 

satisfied its obligations under the PRA. 

If you have any suggestions or 

comments, especially on the estimated 

public burden or associated response 

time, or need a copy of the proposed 

new information collection instrument 

with instructions or additional 

information, please contact the 

Department as noted above. Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed new information 

collection instrument are encouraged. 

Comments on this issue should 

address one or more of the following 

four points: (1) whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) how the Department could enhance 

the quality, utility, and clarity of the 

information to be collected and (4) how 

the Department could minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). 

The new information collection 

instrument sponsored by the 

Department will apply to practitioners 

and has been designated as ‘‘Attorney 

and Accredited Representative 

Registration Before the Executive Office 

for Immigration Review.’’ The new 

collection will be administered through 

electronic means exclusively. 

The collected information will be 

used to approve a unique UserID and 

password permitting registrants to 

access the registry in order to update 

their registration information online 

and, in the future, to access EOIR’s 

electronic filing system. Further, EOIR 

will use the collected information to 

assign a unique EOIR ID number to each 

registrant. EOIR will require each 

registrant to provide his or her unique 

EOIR ID number on any Form EOIR–27 

or Form EOIR–28 that he or she files to 

assist adjudicators in more readily 

identifying the registrant’s status. 

The Department estimates an average 

response time for the new information 

collection instrument at 10 minutes per 

response (including registering online 

and presenting photo identification to 

EOIR for identity validation), with a 

total number of respondents of no more 

than 54,000 individuals for the first 

year. This figure includes those 

currently practicing before EOIR. Given 

that registration only needs to be done 

once, EOIR anticipates that in each 

subsequent year, the number of initial 

registrants (i.e., new attorneys who seek 

to appear before EOIR) will be 

significantly lower than the number of 

such registrants for the first year. The 

total public burden associated with the 

new collection is no more than 9,000 

burden hours for the first year. EOIR 

anticipates burden hours in future years 

to be significantly lower than in the first 

year. 

List of Subjects in 8 CFR Part 1292 

Administrative practice and 

procedures, Immigration, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, part 1292 of title 8 of the 

Code of Federal Regulations is amended 

as follows: 

PART 1292—REPRESENTATION AND 

APPEARANCES 

■ 1. The authority citation for part 1292 

is revised to read as follows: 

Authority: 8 U.S.C. 1103, 1252b, 1362; 6 

U.S.C. 521, 522. 

■ 2. Amend § 1292.1 by: 

■ a. Revising paragraphs (a)(1) and 

(a)(4); and by 

■ b. Adding paragraph (f), to read as 

follows: 

§ 1292.1 Representation of others. 

(a) * * * 

(1) Attorneys in the United States. 

Any attorney as defined in § 1001.1(f) of 

this chapter and who, once the 

registration requirements in paragraph 

(f) of this section have taken effect, is 

registered to practice with the Executive 

Office for Immigration Review. 

* * * * * 

(4) Accredited representatives. A 

person representing an organization 

described in § 1292.2 of this chapter 

who has been accredited by the Board, 

and who, once the registration 

requirements in paragraph (f) of this 

section have taken effect, is registered to 

practice with the Executive Office for 

Immigration Review. 

* * * * * 

(f) Registration requirement for 

attorneys and accredited 

representatives. The Director or his 

designee is authorized to register, and 

establish procedures for registering, 

attorneys and accredited 

representatives, specified in paragraph 

(a) of this section, as a condition of 

practice before immigration judges or 

the Board of Immigration Appeals. Such 

registration procedures will include a 

requirement for electronic registration 

and that each registrant validate his or 

her identity by presenting photo 

identification. The Director or his 

designee may administratively suspend 

from practice before the immigration 

judges and the Board any attorney or 

accredited representative who fails to 

provide the following required 

registration information: name, business 

address(es), business telephone 

number(s), date of birth, email address, 

bar admission information (if 

applicable), and recognized organization 

(if applicable), or who, after having 

provided that information, fails to 

present photo identification or comply 

with any other validation requirements 

implemented by the Director. After such 

a system has been established, an 

immigration judge may, under 

extraordinary and rare circumstances, 

permit an unregistered attorney or 

accredited representative to appear at 

one hearing if the immigration judge 

first acquires from the attorney or 

accredited representative, on the record, 

the required registration information. 

An unregistered attorney or accredited 

representative who is permitted to 

appear at a hearing in such 

circumstances must complete the 

electronic registration process without 

delay after the hearing at which he or 

she is permitted to appear. 

Dated: March 22, 2013. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2013–07526 Filed 3–29–13; 8:45 am] 

BILLING CODE 4410–30–P 


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