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INS PROPOSES RULE TO CRACKDOWN ON AIRLINES BRINGING PASSENGERS WITH FALSE DOCUMENTS

The Immigration and Naturalization Service has issued a proposed rule to allow the agency to crack down on airlines that allow too many people to come to the US with fraudulent documents in comparison to the industry standard. The INS would first be able to fine an offending carrier. If the airline's performance does not improve, the INS would issue a warning letter indicating that it would cancel the carrier's contracts. If the airline's record still does not improve, the INS would then issue a notice of intent to suspend the company's privilege to transport aliens to the US. Finally, if performance still does not improve, the INS could suspend the airline's privilege to transport aliens. This would effectively shut down international flights for domestic carriers and flights in to the US for foreign carriers since it would be tough to make the routes economically viable with just American passengers.

The 1996 Immigration Act authorizes the INS to suspend an airline's privilege to transport aliens to the United States. The agency believes, however, that this would be a last resort and would rarely be used. The INS expects that the use of monetary penalties will be enough to keep airlines in line.

The complete proposed rule can be found at http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=7973929140+0+0+0&WAISaction=retrieve. Written comments on the rule must be submitted on or before December 22, 1998.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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