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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
based enterprises in domestic and export markets. The Departments have complied with the CRAs reporting requirements and have sent this final rule to Congress and to the Comptroller General as required by 5 U.S.C.
801a1.
E. Executive Order 13132 Federalism This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of E.O. 13132, the Departments believe that this rule will not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
F. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in section 3a and 3b2 of E.O. 12988.

This rule does not create new, or revisions to existing, collections of information as that term is defined under the Paperwork Reduction Act of 1995, Public Law 10413, 44 U.S.C.
chapter 35, and its implementing regulations, 5 CFR part 1320.
H. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This rule does not have tribal implications because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Accordingly, E.O. 13175 Consultation and Coordination with Indian Tribal Governments, requires no further agency action or analysis.

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Dated: March 17, 2021.
Merrick B. Garland, Attorney General, Department of Justice.
FR Doc. 202105931 Filed 31921; 8:45 am BILLING CODE 911197P; 441030P

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8 CFR Part 208
CIS No. 267120; DHS Docket No. USCIS
20200017
RIN 1615AC59

Asylum Interview Interpreter Requirement Modification Due to COVID19
U.S. Citizenship and Immigration Services USCIS, Department of Homeland Security DHS.
ACTION: Final rule and temporary final rule; extension.
AGENCY:

The Department of Homeland Security DHS is extending the effective date for 180 days of its temporary final rule which modified certain regulatory requirements to help ensure that USCIS
may continue with affirmative asylum adjudications during the COVID19
pandemic.

SUMMARY:

This final rule is effective March 22, 2021. The expiration date of the temporary final rule published at 85 FR
59655 on September 23, 2020, is extended from March 22, 2021, to September 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Maureen Dunn, Chief, Humanitarian Affairs Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services USCIS, Department of Homeland Security, 5900
Capital Gateway Drive, Camp Springs, MD 205880009; telephone 240721
3000 this is not a toll-free number.
Individuals with hearing or speech impairments may access the telephone numbers above via TTY by calling the toll-free Federal Information Relay Service at 18778895627 TTY/TDD.
SUPPLEMENTARY INFORMATION:
DATES:

G. Paperwork Reduction Act
Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security.

DEPARTMENT OF HOMELAND
SECURITY

I. Legal Authority To Issue This Rule and Other Background A. Legal Authority The Secretary of Homeland Security Secretary publishes this extension of the temporary final rule pursuant to his authorities concerning asylum determinations. The Homeland Security Act of 2002 HSA, Public Law 107296, as amended, transferred many functions related to the execution of Federal immigration law to the newly created DHS. The HSA amended the Immigration and Nationality Act INA
or the Act, charging the Secretary with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of
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aliens, INA 103a1, 8 U.S.C.
1103a1, and granted the Secretary the power to take all actions necessary for carrying out the immigration laws, including the INA, id. 1103a3. The HSA also transferred to DHS
responsibility for affirmative asylum applications, i.e., applications for asylum made outside the removal context. See 6 U.S.C. 271b3. That authority has been delegated within DHS to U.S. Citizenship and Immigration Services USCIS. USCIS
asylum officers determine, in the first instance, whether a noncitizens affirmative asylum application should be granted. See 8 CFR 208.4b, 208.9.
With limited exception, the Department of Justice Executive Office for Immigration Review has exclusive authority to adjudicate asylum applications filed by noncitizens who are in removal proceedings. See INA
103g, 240; 8 U.S.C. 1103g, 1229a.
This broad division of functions and authorities informs the background of this rule.
B. Legal Framework for Asylum Asylum is a discretionary benefit that generally can be granted to eligible noncitizens who are physically present or who arrive in the United States, irrespective of their status, subject to the requirements in section 208 of the INA, 8 U.S.C. 1158, and implementing regulations, see 8 CFR parts 208, 1208.
Section 208d5 of the INA, 8 U.S.C.
1158d5, imposes several mandates and procedural requirements for the consideration of asylum applications.
Congress also specified that the Attorney General and Secretary of Homeland Security may provide by regulation for any other conditions or limitations on the consideration of an application for asylum, so long as those limitations are not inconsistent with this chapter. INA 208d5B, 8
U.S.C. 1158d5B. In sum, the current statutory framework leaves the Attorney General and, after the HSA, also the Secretary significant discretion to regulate consideration of asylum applications. USCIS regulations promulgated under this authority set agency procedures for asylum interviews, and require that applicants unable to proceed in English must provide, at no expense to the Service, a competent interpreter fluent in both English and the applicants native language or any other language in which the applicant is fluent. 8 CFR 208.9g.
This requirement means that all asylum applicants who cannot proceed in English must bring an interpreter to their interview, posing a serious health risk in the current climate.

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