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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 208 and 235
CIS No. 269221; DHS Docket No. USCIS
20210012
RIN 1615AC67

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review 8 CFR Parts 1003, 1208, and 1235
A.G. Order No. 51162021
RIN 1125AB20

Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers Executive Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:

The Department of Justice DOJ and the Department of Homeland Security DHS
collectively, the Departments are proposing to amend the regulations governing the determination of certain protection claims raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture. Under the proposed rule, such individuals could have their claims for asylum, withholding of removal under section 241b3 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 U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment CAT initially adjudicated by an asylum officer within U.S. Citizenship and Immigration Services USCIS.
Such individuals who are granted relief by the asylum officer would be entitled to asylum, withholding of removal, or protection under CAT, as appropriate.
Such individuals who are denied protection would be able to seek prompt, de novo review with an immigration judge IJ in the DOJ
Executive Office for Immigration Review EOIR, with appeal available to the Board of Immigration Appeals BIA. These changes are intended to improve the Departments ability to
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consider the asylum claims of individuals encountered at or near the border more promptly while ensuring fundamental fairness. In addition, among other changes to the asylum process, the Departments are proposing to return to the regulatory framework governing the credible fear screening process in place before various regulatory changes made from the end of 2018 through the end of 2020, so as to apply once more the longstanding significant possibility screening standard to all protection claims, but not to apply the mandatory bars to asylum and withholding of removal with limited exception at this initial screening stage.
DATES: Submission of public comments:
Written comments and related material must be submitted on or October 19, 2021. The electronic Federal Docket Management System will accept comments prior to midnight Eastern standard time at the end of that day.
ADDRESSES: You may submit comments on the entirety of this rulemaking package, identified by DHS Docket No.
USCIS20210012, through the Federal eRulemaking Portal: https
www.regulations.gov. Follow the website instructions for submitting comments.
Comments submitted in a manner other than the one listed above, including emails or letters sent to DHS, USCIS, DOJ, or EOIR officials, will not be considered comments on the proposed rule and may not receive a response from the Departments. Please note that the Departments cannot accept any comments that are hand-delivered or couriered. In addition, the Departments cannot accept comments contained on any form of digital media storage devices, such as CDs/DVDs and USB drives. The Departments also are not accepting mailed comments at this time. If you cannot submit your comment by using https
www.regulations.gov, please contact Samantha Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security, by telephone at 240 7213000 for alternate instructions.
FOR FURTHER INFORMATION CONTACT:
For USCIS: Andria Strano, Acting Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security, 5900
Capital Gateway Drive, Camp Springs, MD 205880009; telephone 240 721
3000 not a toll-free call.

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For EOIR: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Falls Church, VA 22041; telephone 703
3050289 not a toll-free call.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Public Participation II. Background A. Improving the Expedited Removal Process B. DOJ and DHS Authority To Propose This Rule C. The Current Asylum and Expedited Removal Process III. Discussion of the Proposed Rule A. ParoleProposed 8 CFR 235.3b2iii and b4ii B. Credible Fear Screening Process Proposed 8 CFR 208.30
C. Applications for AsylumProposed 8
CFR 208.3a and 208.9a D. Proceedings for Further Consideration of the Application for Asylum by USCIS
Asylum Officer in Asylum and Withholding Merits Hearing for Noncitizens With Credible Fear Proposed 8 CFR 208.2a and c;
208.9a, f, and g; 208.14c5;
208.30e and f; 235.6a1; 1003.42;
and 1208.30g E. Application Review Proceedings Before the IJProposed 8 CFR 1208.2c, 1003.48
F. Severability G. Discretion/Phased Implementation Statutory and Regulatory Requirements H. Executive Order 12866 Regulatory Planning and Review and Executive Order 13563 Improving Regulation and Regulatory Review I. Regulatory Flexibility Act J. Unfunded Mandates Reform Act of 1995
K. Congressional Review Act L. Executive Order 13132 Federalism M. Executive Order 12988 Civil Justice Reform N. Family Assessment O. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments P. National Environmental Policy Act Q. Paperwork Reduction Act
I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, comments, and arguments on all aspects of this rule by the deadline stated above.
The Departments also invite comments that relate to the economic, environmental, or federalism effects that might result from this rule. All comments must be submitted in English or accompanied by an English translation. Comments that will provide the most assistance to the Departments in developing these changes will reference a specific portion of the rule;
explain the reason for any
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