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This rule will amend the regulations related to asylum, including bars to asylum eligibility, the form of an alien’s application for asylum, and the reconsideration of discretionary denials of such applications.

Statement of Need:

The rule seeks to better promote the Attorney General’s application of law through his discretionary authorities that statute and existing regulation provide. The Attorney General seeks to clarify and expand upon certain provisions related to asylum.

Summary of the Legal Basis:

The Immigration and Nationality Act provides the Attorney General with the broad and general authority to establish, by regulation, bases for findings of ineligibility for asylum INA 208(b)(2)(C); 8 U.S.C. 1158(b)(2)(C).

Alternatives:

The alternative to this rulemaking would be to continue to leave immigration court and BIA adjudicators without clear rules by which they should evaluate applications for asylum and to further burden the backlogged immigration courts with incomplete applications.

Anticipated Costs and Benefits:

There are no anticipated costs associated with the DOJ portion of the rule. EOIR will benefit from the rule’s promulgation by reducing resources spent processing incomplete or invalid asylum claims.

Risks:

EOIR does not anticipate any risks associated with the DOJ portion of this rulemaking.