[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR44]

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                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)
 
PART 44_UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES--Table of Contents
 
                            Subpart A_General



                            Subpart A_General

Sec.
44.100 Purpose.
44.101 Definitions.

                     Subpart B_Prohibited Practices

44.200 Unfair immigration-related employment practices.

                    Subpart C_Enforcement Procedures

44.300 Filing a charge.
44.301 Acceptance of charge.
44.302 Investigation.
44.303 Determination.
44.304 Special Counsel acting on own initiative.
44.305 Regional offices.

    Authority: 8 U.S.C. 1324b, 8 U.S.C. 1103(a).

    Source: Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, unless 
otherwise noted.



Sec. 44.100  Purpose.

    The purpose of this part is to effectuate section 102 of the 
Immigration Reform and Control Act of 1986, which prohibits certain 
unfair immigration-related employment practices.


Sec. 44.101  Definitions.

    (a) Charge means a written statement under oath or affirmation 
that--
    (1) Identifies the charging party's name, address, and telephone 
number;
    (2) Identifies the injured party's name, address, and telephone 
number, if the charging party is not the injured party;
    (3) Identifies the name and address of the person or entity against 
whom the charge is being made;
    (4) Includes a statement sufficient to describe the circumstances, 
place, and date of an alleged unfair immigration-related employment 
practice;
    (5) Indicates whether the basis of the alleged unfair immigration-
related employment practice is discrimination based on national origin, 
citizenship status, or both; or intimidation or retaliation, or 
documentation abuses;
    (6) Indicates whether the injured party is a U.S. citizen, U.S. 
national, or alien authorized to work in the United States;
    (7) Indicates, if the injured party is an alien authorized to work, 
whether the injured party--
    (i) Has been--
    (A) Lawfully admitted for permanent residence;
    (B) Granted the status of an alien lawfully admitted for temporary 
residence under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 
1255a(a)(1);
    (C) Admitted as a refugee under 8 U.S.C. 1157; or
    (D) Granted asylum under 8 U.S.C. 1158; and

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    (ii) Has applied for naturalization (and if so, indicates the date 
of the application);
    (8) Identifies, if the injured party is an alien authorized to work, 
the injured party's alien registration number and date of birth.
    (9) Indicates, if possible, the number of persons employed on the 
date of the alleged discrimination by the person or entity against whom 
the charge is being made;
    (10) Is signed by the charging party and, if the charging party is 
neither the injured party nor an officer of the Immigration and 
Naturalization Service, indicates that the charging party has the 
authorization of the injured party to file the charge.
    (11) Indicates whether a charge based on the same set of facts has 
been filed with the Equal Employment Opportunity Commission, and if so, 
the specific office, and contact person (if known); and
    (12) Authorizes the Special Counsel to reveal the identity of the 
injured or charging party when necessary to carry out the purposes of 
this part.
    (b) Charging party means--
    (1) An individual who files a charge with the Special Counsel that 
alleges that he or she has been adversely affected directly by an unfair 
immigration-related employment practice;
    (2) An individual or private organization who is authorized by an 
individual to file a charge with the Special Counsel that alleges that 
the individual has been adversely affected directly by an unfair 
immigration-related employment practice; or
    (3) An officer of the Immigration and Naturalization Service who 
files a charge with the Special Counsel that alleges that an unfair 
immigration-related employment practice has occurred.
    (c) Protected individual means an individual who--
    (1) Is a citizen or national of the United States; or
    (2) Is an alien who is lawfully admitted for permanent residence, is 
granted the status of an alien lawfully admitted for temporary residence 
under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 1255a(a)(1), is 
admitted as a refugee under 8 U.S.C. 1157, or is granted asylum under 8 
U.S.C. 1158. The status of an alien whose application for temporary 
resident status under 8 U.S.C. 1160(a), 8 U.S.C. 1161(a), or 8 U.S.C. 
1255a(a)(1) is approved shall be adjusted to that of a lawful temporary 
resident as of the date indicated on the application fee receipt issued 
at the Immigration and Naturalization Service Legalization Office. As 
used in this definition, the term ``protected individual'' does not 
include an alien who--
    (i) Fails to apply for naturalization within six months of the date 
the alien first becomes eligible (by virtue of period of lawful 
permanent residence) to apply for naturalization or, if later, by May 6, 
1987; or
    (ii) Has applied on a timely basis, but has not been naturalized as 
a citizen within two years after the date of the application, unless the 
alien can establish that he or she is actively pursuing naturalization, 
except that time consumed in the Immigration and Naturalization 
Service's processing of the application shall not be counted toward the 
two-year period.
    (d) Complaint means a written submission filed with an 
administrative law judge by the Special Counsel or the charging party, 
other than an officer of the Immigration and Naturalization Service, 
that is based on the same charge filed with the Special Counsel.
    (e) Injured party means a person who claims to have been adversely 
affected directly by an unfair immigration-related employment practice 
or, in the case of a charge filed by an officer of the Immigration and 
Naturalization Service or by a charging party other than the injured 
party, is alleged to be so affected.
    (f) Respondent means a person or entity against whom a charge of an 
unfair immigration-related employment practice has been filed.
    (g) Special Counsel means the Special Counsel for Immigration-
Related Unfair Employment Practices appointed by the President under 
section 102 of the Immigration Reform and Control Act of 1986, or his or 
her designee.

[Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, as amended by Order No. 
1520-91, 56 FR 40249, Aug. 14, 1991; Order No. 1807-93, 58 FR 59948, 
Nov. 12, 1993]

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