1615-AC57 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Asylum Eligibility and Public Health

On December 23, 2020, DHS and the DOJ (collectively, the Departments) published a final rule entitled Security Bars and Processing to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and make certain other changes. As of December 28, 2022, the rule’s effective date was delayed until December 31, 2024. The Departments plan to propose modification or withdrawal of the December 23, 2020, rule.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No 8 CFR 208 8 CFR 1208 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub. L. 104-208, 110 Stat. 3009, sec. 604(a) (codified at INA 208(b)(2)(C), 8 U.S.C. 1158(b)(2)(C)) INA 241(b)(3)(B), 8 U.S.C. 1231(b)(3)(B) Foreign Affairs Reform and Restructuring Act (“FARRA”), Pub. L. 105-277, 112 Stat. 2681-822, sec. 2242 (1998) INA 235(b), 8 U.S.C. 1225(b) Yes

The Departments are reviewing and reconsidering whether the Security Bars and Processing final rule is consistent with the goals of ensuring the safe and orderly reception and processing of asylum seekers consistent with public health and safety, with the additional context of the complex relationship between the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125-AA94 and 1615-AC42) and the Security Bars and Processing final rule. The Departments are reevaluating whether the Security Bars and Processing rule provides the most appropriate and effective framework for achieving its goals of mitigating the spread of communicable diseases, including COVID-19, among certain noncitizens in the credible fear screening process, as well as DHS personnel and the public. Based on such reconsideration, the Departments will propose to modify or withdraw the Security Bars rule.

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DHS is currently considering the specific cost and benefit impacts of the proposed provisions.

]]> NPRM 07/09/2020 85 FR 41201 NPRM Comment Period End 08/10/2020 Final Action 12/23/2020 85 FR 84160 Final Action Effective 01/22/2021 Final Rule; Delay of Effective Date 01/25/2021 86 FR 6847 Final Rule; Effective Date Delayed Until 03/22/2021 Interim Final Rule; Delay of Effective Date 03/22/2021 86 FR 15069 Interim Final Rule Comment Period End 04/21/2021 Interim Final Rule Effective Date Delayed Until 12/31/2021 Interim Final Rule; Delay of Effective Date 12/28/2021 86 FR 73615 Interim Final Rule Comment Period End 02/28/2022 Interim Final Rule Effective Date Delayed Until 12/31/2022 Interim Final Rule; Delay of Effective Date 12/28/2022 87 FR 79789 Interim Final Rule Comment Period End 02/27/2023 Interim Final Rule Effective Date Delayed Until 12/31/2024 NPRM 11/00/2023 No None No No https://www.regulations.gov https://www.regulations.gov No No 1125-AB08 Related to 1615-AC69 Related to 1125 Executive Office for Immigration Review EOIR Joint Rená Cutlip-Mason Chief, Division of Humanitarian Affairs 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 5900 Capital Gateway Drive, Camp Springs MD 20746