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| DOJ/EOIR | RIN: 1125-AB20 | Publication ID: 2026 |
| Title: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers | |
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Abstract:
On August 20, 2021, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) (collectively "the Departments") published a notice of proposed rulemaking (NPRM or proposed rule), 86 FR 46906, that proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures for certain aliens subject to expedited removal and found to have a credible fear of persecution or torture. On March 29, 2022, after a careful review of the comments received, the Departments issued an interim final rule (rule or IFR) that responded to comments received in response to the NPRM and adopted the proposed rule with changes. Significantly, the IFR established timelines for the consideration of applications for asylum and related protection by DHS’s U.S. Citizenship and Immigration Services (USCIS) and, as needed, DOJ’s Executive Office for Immigration Review (EOIR). The IFR also provided that DHS will refer aliens whose applications are not approved by USCIS to EOIR for streamlined removal proceedings. The Departments will consider whether to further modify or rescind this rulemaking. |
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| Agency: Department of Justice(DOJ) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Fully or Partially Exempt | |
| CFR Citation: 8 CFR 208 8 CFR 212 8 CFR 235 8 CFR 1003 8 CFR 1208 8 CFR 1230 8 CFR 1235 8 CFR 1240 | |
| Legal Authority: 8 U.S.C. 1103(g) 8 U.S.C. 1158(b)(2)(C) 8 U.S.C. 1158(d)(5)(B) 8 U.S.C. 1225 8 U.S.C. 1231(b)(3) | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Information URL: http://regulations.gov | Public Comment URL: http://regulations.gov |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 1615-AC67 | Related Agencies: Joint: DHS; |
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Agency Contact: Jamee E. Comans Acting Assistant Director, Office of Policy Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041 Phone:703 305-0289 |
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