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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1615-0067
ICR Reference No:
202209-1615-001
Status:
Historical Active
Previous ICR Reference No:
202207-1615-005
Agency/Subagency:
DHS/USCIS
Agency Tracking No:
I-589
Title:
Application for Asylum and for Withholding of Removal
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
07/26/2022
OIRA Conclusion Action:
Approved without change
Conclusion Date:
10/12/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/30/2022
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2023
01/31/2023
01/31/2023
Responses
224,000
0
224,000
Time Burden (Hours)
1,468,200
0
1,468,200
Cost Burden (Dollars)
46,968,000
0
46,968,000
Abstract:
The information collected on this application will be used to determine whether an alien applying for asylum and/or withholding of removal in the United States is classifiable as a refugee, or eligible for protection under the Convention Against Torture, and is eligible to remain in the United States.
Emergency Justfication:
On June 26, 2020, after going through notice and comment rulemaking, the Department of Homeland Security (DHS) issued a final rule titled Asylum Application, Interview, and Employment Authorization for Applicants.1 On February 7, 2022, in Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia vacated the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS did not appeal the decision and allowed the 60-day period in which to note an appeal expire. DHS is moving to fully comply with the court’s decision vacating the Asylum Application, Interview, and Employment Authorization for Applicants rule.2 Therefore, Form I-589 and Form I-765 need to be amended to remove any changes promulgated by the Asylum Application, Interview, and Employment Authorization for Applicants rule. DHS is seeking emergency processing to reverse the changes made by that rule in order to fully comply with the court’s vacatur of the Asylum Application, Interview, and Employment Authorization for Applicants rule.
Authorizing Statute(s):
US Code:
8 USC 1158
Name of Law: U.S. Code
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Application for Asylum and for Withholding of Removal
I-589
Application for Asylum and for Withholding of Removal
Biometrics
I-589 Online Filing
I-589
Application for Asylum and for Withholding of Removal
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
224,000
224,000
0
0
0
0
Annual Time Burden (Hours)
1,468,200
1,468,200
0
0
0
0
Annual Cost Burden (Dollars)
46,968,000
46,968,000
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$207,138,000
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Melanie Frank 202 527-4488 melanie.r.frank2@uscis.dhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
09/30/2022
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