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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.

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.