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DHS/USCIS RIN: 1615-AC42 Publication ID: Fall 2021 
Title: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review 

On December 11, 2020, the Department of Justice and the Department of Homeland Security (collectively, "the Departments”) published a final rule titled Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review (RINs 1125-AA94 and 1615-AC42) 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 separate proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such proceedings. The final rule amended the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The final rule also made changes to the standards for adjudication of applications for asylum and statutory withholding. The Departments are planning to rescind or modify the December 2020 rule, in several rulemaking efforts. The Departments have proposed to rescind certain portions of the final rule (including regulations related to credible fear screenings) as part of the rulemaking action described in RIN 1615-AC67.The Departments will also propose to rescind or modify the remaining portions of the December 2020 rule under this RIN, 1615-AC42.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
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

Statement of Need:

The Departments are reviewing the regulatory changes made in the final rule in light of the issuance of Executive Order 14010 and Executive Order 14012.  This rule is needed to ensure that the regulations align with the goals and principles outlined in Executive Order 14010 and Executive Order 14012.

Anticipated Costs and Benefits:

DHS is still currently considering the specific cost and benefit impacts associated with the proposal to rescind or modify the December 2020 rule.

Action Date FR Cite
NPRM  06/15/2020  85 FR 36264   
NPRM Comment Period End  07/15/2020 
Final Rule  12/11/2020  85 FR 80274   
Final Rule; Correction  01/11/2021  86 FR 1737   
Final Rule Effective  01/11/2021 
Second NPRM  08/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AA94, Related to 1125-AB14, Related to 1615-AC65  Related Agencies: Joint: DOJ/EOIR; 
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