The INS has issued a proposed rule to amend its regulations by requiring aliens subject to a final order of removal to surrender to the INS. The rule also establishes procedures for the surrender and bars people violating the new rules the opportunity to obtain discretionary immigration benefits.

The rule applies to aliens not in INS detention at the time when a removal order is issued. While the INS has the right to apprehend an alien ordered removed, the proposed rule is being issued to make it clear that an alien not detained at the time an order becomes final has a legal obligation to surrender for removal. The new rule would provide deadlines for surrender.

In general, aliens would have 10 days from the date an order is issued to surrender to the INS. Notice of the surrender obligation would be incorporated into the Notice to Appear. The rule would also require the immigration judge to notify the alien of the location where the alien must surrender in the event the alien becomes subject to a final order of removal.

The proposed rule would penalize aliens failing to surrender on their own by barring the alien from discretionary relief while the alien is in the US and for ten years from the date of departure. A waiver is only available from an INS District Director if the applicant is able to demonstrate that the surrender was due to exceptional circumstances beyond the control of the alien.

The INS is seeking comments, particularly comments from bonding companies concerning the effect the proposed rule would have on their obligation to produce bonded aliens.