Page:United States Reports 502 OCT. TERM 1991.pdf/343

 502us1$15I 08-21-96 15:27:06 PAGES OPINPGT

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

185

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).