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On August 20, 2021, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) (collectively "the Departments”) published a notice of proposed rulemaking (NPRM or proposed rule) 86 FR 46906 that proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures for individuals subject to expedited removal and found to have a credible fear of persecution or torture.  After a careful review of the comments received, the Departments are now issuing an interim final rule (rule or IFR) that responds to comments received in response to the NPRM and adopts the proposed rule with changes.  Most significantly, the IFR establishes timelines for the consideration of applications for asylum and related protection by DHS’s United States Citizenship and Immigration Services (USCIS) and, as needed, DOJ’s Executive Office for Immigration Review (EOIR).  The IFR also provides that DHS will refer noncitizens whose applications are denied to EOIR for streamlined removal proceedings.

This IFR responds to comments received in response to the NPRM and adopts the NPRM with changes as described in this rule.  The Departments solicit further public comment on the IFR, which the Departments intend to consider and address in a final rule.