The Immigration and Naturalization Service has released proposed regulations to implement the suspension of deportation provisions in the Nicaraguan and Central American Relief Act (NACARA). NACARA allows certain asylum applicants from specific Central American and Eastern European countries to apply for suspension of deportation and the granting of a green card. For a more complete explanation of NACARA, go to http://www.visalaw.com/98feb/07feb98.html.

The voluminous new rules would allow INS officers, in addition to immigration judges, to grant suspension of deportation to NACARA beneficiaries. The INS believes this would offer a faster method for finishing these cases and save considerable taxpayer expense. Individuals in removal proceedings in front of an immigration judge can also apply there for NACARA Suspension. The rule also carries out NACARA by eliminating the annual 4,000 cap on suspension of deportation grants for NACARA beneficiaries. In addition, the rule would codify the specific factors for determining whether an applicant meets the "extreme hardship" test required in suspension of deportation cases.

The INS is developing a Form I-881 for applicants for NACARA suspension of deportation. The INS is proposing a $215 application fee for an individual and $430 for a family of two or more qualified relatives.

Immigration advocacy organizations have already publicly criticized the proposed regulation. Of particular concern is the requirement that applicants individually prove extreme hardship. According to Mark Silverman of The Immigrant Legal Resource Center, this requirement contradicts the intent of the legislation - to once and for all resolve the legal limbo of those covered by NACARA. Demonstrating extreme hardship is a difficult and expensive process, and one for which there are few concrete guidelines, leaving the claimant at the mercy of the Asylum Officer or the Immigration Judge's determination of what constitutes extreme hardship.

The INS is allowing the public to comment on the rules which can be found on the Internet at http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=1882920121+0+0+0&WAISaction=retrieve. Comments must be received by January 25, 1999. Instructions on submitting comments are included in the Federal Register notice at the web site noted immediately above.