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DHS/USCIS | RIN: 1615-AC42 | Publication ID: Fall 2020 |
Title: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review | |
Abstract:
On June 15, 2020, the Department of Justice and the Department of Homeland Security (collectively, "the Departments”) proposed to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act ("INA” or "the Act”) ("statutory withholding of removal”), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT”), adjudicated by an immigration judge within the Executive Office for Immigration Review ("EOIR”) in streamlined proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further proposed changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The Departments also proposed amendments related to the standards for adjudication of applications for asylum and statutory withholding. |
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Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Other | |
CFR Citation: 8 CFR 235 8 CFR 208 8 CFR 1208 | |
Legal Authority: 8 U.S.C. 1158 8 U.S.C. 1225 8 U.S.C. 1231 and 1231 (note) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1125-AA94 | Related Agencies: Joint: DOJ; |
Agency Contact: Andria Strano Chief, Humanitarian Affairs Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000 |