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[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Rules and Regulations]
[Page 50194]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-5]
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DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice: 6328]
RIN 1400-AC04
Aliens Inadmissible Under the Immigration and Nationality Act, as
Amended: Unlawful Voters
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This rule adopts as final the Department interim rule which
amended the regulations concerning visa ineligibility for aliens who
vote unlawfully. The amendment was necessary to comply with the
provisions of the Child Citizenship Act of 2000.
DATES: This rule is effective August 26, 2008.
FOR FURTHER INFORMATION CONTACT: Penafrancia D. Salas, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-2878.
SUPPLEMENTARY INFORMATION:
What is the Authority and Exception for this rule?
On June 21, 2005, the Department published an interim rule [70 FR
35526] that implemented Section 201(b)(1) of Public Law 106-395, Child
Citizenship Act of 2000 [February 27, 2001]. This Act amended Section
212(a)(10) of the Immigration and Nationality Act (INA) by adding an
exception to the ground of inadmissibility, INA 212(a)(10)(D), for
aliens who voted in violation of the U.S. law. Under INA 212(a)(10)(D),
in general, an alien will continue to be inadmissible, and therefore,
ineligible for a visa, if the alien has voted in violation of any
Federal, State, or local constitutional provision, statute, ordinance,
or regulation. Nevertheless, pursuant to the new exception, the alien
shall not be considered to be inadmissible under any provision of this
subsection based on such violation if each natural parent of the alien
(or, in the case of an adopted alien, each adoptive parent of the
alien) is or was a citizen (whether by birth or naturalization), the
alien permanently resided in the United States prior to attaining the
age of 16, and the alien reasonably believed at the time of such
violation that he or she was a citizen.
Were comments solicited in the Departments Interim rule?
Yes, the Department solicited comments; however, no comments were
received.
The final rule is unchanged from the interim rule which amended the
Departments regulations at 22 CFR 40.104, published in the Federal
Register on June 21, 2005 (70 FR 35526-35527). The interim rule is
hereby adopted as final.
Dated: August 14, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. E8-19755 Filed 8-25-08; 8:45 am]
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