INS v. National Center for Immigrants' Rights, Inc., 502 U.S. 183, 3 (1991)

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Cite as: 502 U. S. 183 (1991)

Opinion of the Court

1252(a)(1). We granted the Government's petition for certiorari to decide "[w]hether th[at] provision prohibits promulgation of a rule generally requiring that release bonds contain a condition forbidding unauthorized employment pending determination of deportability." Pet. for Cert. i.

I

Prior to 1983, the regulations of the Immigration and Naturalization Service (INS) provided that, when an alien was released from custody pending deportation or exclusion proceedings, the INS could in its discretion include in the bond obtained to secure the alien's release a condition barring unauthorized employment. 8 CFR 103.6(a)(2)(ii) (1982). In 1983, the Attorney General amended those regulations to include the following provision:

"(ii) Condition against unauthorized employment. A condition barring employment shall be included in an appearance and delivery bond in connection with a deportation proceeding or bond posted for the release of an alien in exclusion proceedings, unless the District Director determines that employment is appropriate." 8 CFR 103.6(a)(2)(ii) (1991).1

1 The regulation further provides: "(iii) Factors to be considered. Only those aliens who upon application under 109.1(b) of this chapter establish compelling reasons for granting employment authorization may be authorized to accept employment. Among the factors which may be considered when an application is made, are the following:

"(A) Safeguarding employment opportunities for United States citizens and lawful permanent resident aliens;

"(B) Prior immigration violations by the alien; "(C) Whether there is a reasonable basis for considering discretionary relief; and

"(D) Whether a United States citizen or lawful permanent resident spouse or children are dependent upon the alien for support, or other equities exist." 103.6(a)(2)(iii).

185

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