Once Congress passes a law, rules
or regulations are developed by an agency. These rules/regulations
describe how the agency will implement the law. "Rules"
and "regulations" mean the same thing. The Office of
the Federal Register is the official government entity responsible
for publishing all agency rules and regulations. INS rules/regulations
are primarily found in Title 8 of the Code of Federal Regulations
(8 CFR).
Regulatory documents can amend, or propose to amend, the Code
of Federal Regulations (CFR) by adding new language (text), revising
or removing existing language, or by correcting existing language.
The
Commissioner of the Immigration and Naturalization Service is delegated
responsibility by the Attorney General to develop and publish changes to US
immigration rules and regulations found in 8 CFR. The Commissioner may prescribe
rules and regulations as necessary or appropriate to carry out the functions of
the INS. These rules and regulations are subject to the Administrative
Procedures Act (5 U.S.C. 553). It is not necessary for every provision of law to
be interpreted or implemented by a federal regulation.
Public Notices, Rules and Regulations
- Proposed rules. These are documents published in the
Federal Register that propose changes to an Agency's regulations
in the CFR and request public comments on those suggested changes.
In compliance with the Administrative Procedures Act (APA) (5
U.S.C. 553), most documents should be published first as proposed
rules.
- Interim rules. Usually an Agency will issue an interim
rule if there is a statutory or emergency requirement to issue
regulations immediately. Interim rules are documents that have
the same legal effect as final rules in that they amend the CFR
and give an effective date. Even though there is an effective
date for the interim rule, INS often asks for public comments.
After the comment period expires, INS amends the interim rule
by issuing a final rule.
- Final rules. Final rules are documents that formally
change/amend the CFR by adding, revising, or removing language/text,
sections, or whole parts of the existing regulations. Public comments
submitted in response to a Proposed or Interim rule may lead to
the INS' modification of its final regulations. A regulatory document
that amends the CFR text must publish each change to the CFR in
full and state the effective date for any change.
- Notices are documents published in the Federal Register that
discuss or explain matters of general concern to the public and
are published for public information. Typical notice documents
announce meetings and application submission dates. Notices do
not amend the CFR.
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