National Center for Immigrants Rights, Inc. v. Immigration and Naturalization Service

The Immigration and Naturalization Service (INS) appeals the district court’s grant of a preliminary injunction restraining the INS from applying a new regulation which became effective December 7, 1983. The previous INS regulations provided that in his discretion the District Director, with the prior approval of the INS Regional Commissioner, could include a condition barring unauthorized employment in an appearance and delivery bond in connection with deportation proceedings. 8 C.F.R. § 103 .-6(a)(2)(ii) (1983). In the regulation now being challenged, the INS does away with individualized determinations. The new regulation provides in part that “[a] condition barring employment shall be included in an appearance and delivery bond in connection with a deportation proceeding____ Only those aliens who upon application ... establish compelling reasons for granting employment authorization may be authorized to accept employment.” 8 C.F.R. §§ 103.6 (a)(2)(ii) — (iii), 109.1(b)(8) (1984).

On December 6, 1983, the plaintiffs brought suit to block implementation of the new regulation. The plaintiffs (referred to collectively as NCIR) include a number of nonprofit organizations which…