Certain officials in the Justice Department are allowed to permit the entry or expedite the naturalization of certain aliens who assist US intelligence activities.  The regulation affects 28 CFR § 0.62 part O with regard to the authority under 50 USC § 403h and 8 USC § 1427(f).

Which officials hold this power?

The Attorney General, the Director of Central Intelligence and the INS Commissioner were given this authority through the Central Intelligence Act of 1949.

How is the distribution of the Attorney General’s power changed by this statute?

Previously, 28 CFR § 0.63 delegated the Attorney General’s authority under these provisions to the Assistant Attorney General in charge of the Criminal Division.  The rule implemented in 1992 amends the section by adding the Deputy Assistant Attorneys General, Criminal Division, to the list of individuals empowered to exercise the AG’s authority with regard to these statutes.

Why did that change take place?

The change was intended to enhance the Criminal Division’s ability rapidly and consistently to approve the entry and naturalization of specified qualified aliens.

What power is given to these individuals?

These officials now have the authority to permit the entry of aliens into the US for permanent residence “when it is in the interest of the United States or essential to the furtherance of the national intelligence mission.”

What about INA § 316(f)?

This section confers upon the same three officials the authority to expedite the naturalization of certain “foreign intelligence sources,” without regard to the residence and physical presence requirements of the INA.

Who is included in the “foreign intelligence sources” category?

The affected individuals are those who are otherwise eligible for naturalization and have made “extraordinary contributions” to the national security or to the conduct of US intelligence activities.

According to § 403h, these aliens and their immediate family members shall be admitted to the US for permanent residence without regard to their inadmissibility under the immigration or any other laws and regulations, or to the failure to comply with such laws and regulations pertaining to admissibility. 

Is there a limit on how many aliens are allowed entry under this provision?

The number of aliens and members of their immediate families admitted to the US under this section shall not exceed one hundred persons in any one fiscal year.