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DOJ/EOIR | RIN: 1125-AB20 | Publication ID: Spring 2024 |
Title: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal and CAT Protection Claims by Asylum Officers | |
Abstract:
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 (87 FR 18078). 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 denied 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. |
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Agency: Department of Justice(DOJ) | Priority: Section 3(f)(1) 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 212 8 CFR 235 8 CFR 1003 8 CFR 1208 8 CFR 1230 8 CFR 1235 8 CFR 1240 | |
Legal Authority: 8 U.S.C. 1103(g) 8 U.S.C. 1158(b)(2)(C) 8 U.S.C. 1158(d)(5)(B) 8 U.S.C. 1225 8 U.S.C. 1231(b)(3) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: http://regulations.gov | Public Comment URL: http://regulations.gov |
RIN Data Printed in the FR: No | |
Related RINs: Related to 1615-AC67 | Related Agencies: Joint: DHS; |
Agency Contact: Raechel Horowitz Chief, Immigration Law Division, Office of Policy Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 1800, Falls Church, VA 22041 Phone:703 305-0289 Email: pao.eoir@usdoj.gov |