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  • News: LSC Amends Restrictions on Legal Assistance to Aliens

    Federal Register, Volume 79 Issue 101 (Tuesday, May 27, 2014)
    [Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
    [Rules and Regulations]
    [Pages 30052-30053]
    From the Federal Register Online via the Government Printing Office [www.gpo.gov]
    [FR Doc No: 2014-12110]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    LEGAL SERVICES CORPORATION
    
    45 CFR Part 1626
    
    
    Restrictions on Legal Assistance to Aliens; Corrections
    
    AGENCY: Legal Services Corporation.
    
    ACTION: Correcting amendments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Legal Services Corporation (LSC) published a document in 
    the Federal Register on April 18, 2014, amending LSC rules governing 
    restrictions on legal assistance to aliens. That document failed to 
    include paragraph headings in a section. This document corrects the 
    final regulations by revising the section.
    
    DATES: Effective May 27, 2014.
    
    FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General 
    Counsel, Legal Services Corporation, 3333 K St. NW., Washington, DC 
    20007; (202) 295-1563; sdavis@lsc.gov.
    
    SUPPLEMENTARY INFORMATION: This document corrects the final regulations 
    for part 1626, which became effective on May 19, 2014.
    
    List of Subjects in 45 CFR Part 1626
    
        Aliens, Grant programs--law, Legal services, Migrant labor, 
    Reporting and recordkeeping requirements.
    
        Accordingly, 45 CFR part 1626 is corrected by making the following 
    correcting amendments:
    
    PART 1626--RESTRICTIONS ON LEGAL ASSISTANCE TO ALIENS
    
    0
    1. The authority citation for part 1626 continues to read as follows:
    
        Authority: 42 U.S.C. 2996g(e).
    
    
    0
    2. Revise Sec.  1626.2 to read as follows:
    
    
    Sec.  1626.2  Definitions.
    
        (a) Anti-abuse statutes means the Violence Against Women Act of 
    1994, Pub. L. 103-322, 108 Stat. 1941, as amended, and the Violence 
    Against Women and Department of Justice Reauthorization Act of 2005, 
    Public Law 109-162, 119 Stat. 2960 (collectively referred to as 
    ``VAWA''); Section 101(a)(15)(U) of the INA, 8 U.S.C. 1101(a)(15)(U); 
    and the incorporation of these statutory provisions in section 
    502(a)(2)(C) of LSC's FY 1998 appropriation, Public Law 105-119, Title 
    V, 111 Stat. 2440, 2510 as incorporated by reference thereafter; the 
    Victims of Trafficking and Violence Protection Act of 2000, Public Law 
    106-386, 114 Stat. 1464 (``TVPA''), as amended; and Section 
    101(a)(15)(T) of the Immigration and Nationality Act (``INA''), 8 
    U.S.C. 1101(a)(15)(T).
        (b) Battered or subjected to extreme cruelty includes, but is not 
    limited to, being the victim of any act or threatened act of violence, 
    including any forceful detention, which results or threatens to result 
    in physical or mental injury. Psychological or sexual abuse or 
    exploitation, including rape, molestation, incest (if the victim is a 
    minor), or forced prostitution may be considered acts of violence. 
    Other abusive actions may also be acts of violence under certain 
    circumstances, including acts that, in and of themselves, may not 
    initially appear violent but that are a part of an overall pattern of 
    violence.
        (c) Certification means the certification prescribed in 22 U.S.C. 
    7105(b)(1)(E).
        (d) Citizen means a person described or defined as a citizen or 
    national of the United States in 8 U.S.C. 1101(a)(22) and Title III of 
    the Immigration and Nationality Act (INA), Chapter 1 (8 U.S.C. 1401 et 
    seq.) (citizens by birth) and Chapter 2 (8 U.S.C. 1421 et seq.) 
    (citizens by naturalization) or antecedent citizen statutes.
        (e) Eligible alien means a person who is not a citizen but who 
    meets the requirements of Sec.  1626.4 or Sec.  1626.5.
        (f) Ineligible alien means a person who is not a citizen and who 
    does not meet the requirements of Sec.  1626.4 or Sec.  1626.5.
        (g) On behalf of an ineligible alien means to render legal 
    assistance to an
    
    [[Page 30053]]
    
    eligible client that benefits an ineligible alien and does not affect a 
    specific legal right or interest of the eligible client.
        (h)(1) Qualifies for immigration relief under section 101(a)(15)(U) 
    of the INA means:
        (i) A person who has been granted relief under that section;
        (ii) A person who has applied for relief under that section and who 
    the recipient determines has evidentiary support for such application; 
    or
        (iii) A person who has not filed for relief under that section, but 
    who the recipient determines has evidentiary support for filing for 
    such relief.
        (2) A person who qualifies for immigration relief under section 
    101(a)(15)(U) of the INA includes any person who may apply for primary 
    U visa relief under subsection (i) of section 101(a)(15)(U) of the INA 
    (8 U.S.C. 1101(a)(15)(U)(i)) or for derivative U visa relief for family 
    members under subsection (ii) of section 101(a)(15)(U) of the INA (8 
    U.S.C. 1101(a)(15)(U)(ii)). Recipients may provide assistance for any 
    person who qualifies for derivative U visa relief regardless of whether 
    such a person has been subjected to abuse.
        (i) Rejected refers to an application for adjustment of status that 
    has been denied by the Department of Homeland Security (DHS) and is not 
    subject to further administrative appeal.
        (j) Victim of severe forms of trafficking means any person 
    described at 22 U.S.C. 7105(b)(1)(C).
        (k) Victim of sexual assault or trafficking means:
        (1) A victim of sexual assault subjected to any conduct included in 
    the definition of sexual assault in VAWA, 42 U.S.C. 13925(a)(29); or
        (2) A victim of trafficking subjected to any conduct included in 
    the definition of ``trafficking'' under law, including, but not limited 
    to, local, state, and federal law, and T visa holders regardless of 
    certification from the U.S. Department of Health and Human Services 
    (HHS).
        (l) United States, for purposes of this part, has the same meaning 
    given that term in section 101(a)(38) of the INA (8 U.S.C. 
    1101(a)(38)).
    
    Legal Services Corporation.
    
    Stefanie K. Davis,
    Assistant General Counsel.
    [FR Doc. 2014-12110 Filed 5-23-14; 8:45 am]
    BILLING CODE 7050-01-P
    
    
    
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