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DHS/USCIS RIN: 1615-AC67 Publication ID: Fall 2022 
Title: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers 

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 certain individuals subject to expedited removal and found to have a credible fear of persecution or torture. After a careful review of the comments received, on March 29, 2022, the Departments issued an interim final rule (rule or IFR) that responds to comments received in response to the NPRM and adopts the proposed rule with changes. Significantly, the IFR established timelines for the consideration of applications for asylum and related protection by DHS’s U.S. Citizenship and Immigration Services (USCIS) and, as needed, DOJ’s Executive Office for Immigration Review (EOIR). The IFR also provided that DHS will refer noncitizens whose applications are not approved by USCIS to EOIR for streamlined removal proceedings. The Departments solicited further public comment on the IFR, which the Departments intend to consider and address in a final rule.

Agency: Department of Homeland Security(DHS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 8 CFR 208    8 CFR 235    8 CFR 1003    8 CFR 1208    8 CFR 1235   
Legal Authority: INA sec. 103(a)(1)    INA sec. 103(a)(3)    8 U.S.C. 1103(a)(1)    8 U.S.C. 1103(a)(3)    INA sec. 235(b)(1)(B)    8 U.S.C. 1225(b)(1)(B)    Refugee Act of 1980 (Pub. L. 96-212, 94 Stat. 102)   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/20/2021  86 FR 46906   
NPRM Correction  10/18/2021  86 FR 57611   
NPRM Comment Period End  10/19/2021 
Interim Final Rule  03/29/2022  87 FR 18078   
Interim Final Rule Comment Period End  05/31/2022 
Interim Final Rule Effective  05/31/2022 
Final Rule  07/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AB20 
Agency Contact:
Rena Cutlip-Mason
Chief, Division of Humanitarian Affairs, OP&S
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000