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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules TABLE 1SUMMARY OF THE POTENTIAL IMPACTS OF THIS PROPOSED RULEContinued
Entities impacted
Annual population estimate
Potential impacts
Individuals who receive a negative credible fear determination.

USCIS provides a range from 75,000 to 300,000 total individuals who receive credible fear determinations. In recent years see Table 3, approximately 16.9% of individuals screened have received a negative credible fear determination.

Beneficiaries of the new process may benefit in terms of human dignity if paroled from detention while awaiting their credible fear interview and determination.

DHSUSCIS

EOIR

Support networks for asylum applicants who receive a positive credible fear determination.
Other

Parole may result in more individuals failing to appear for hearings.
At a 7 percent discount rate, the resource costs could be $451.2 million annually, based on up-front and continuing expenditures.
It is reasonable to assume that there could be a reduction in Form I765 filings due to more expeditious adjudication of asylum claims, but there could also be countervailing influences;
hence, the volume of Form I765 filings writ large or for specific classes related to asylum could decrease, remain the same, or increasethese reasons are elucidated in the analysis.
A net change in Form I765 volumes overall could impact the incumbent volume of biometrics and biometrics services fees collected; however, based on the structure of the USCIS Application Support Center ASC biometrics processing contract, it would take a significant change in such volumes for a particular service district to generate marginal cost increases or savings per biometrics submission.
555 current IJs as well as supEOIR only reviews on appeal and will no longer adjudicate asylum claims raised in expedited port staff and other personnel.
removal in the first instance.
Allows EOIR to focus efforts on other priority work and reduce its substantial current backlog.
There could be non-budget related cost-savings if the actual time worked on a credible fear case decreases in the transfer of credible fear cases to USCIS.
Unknown To the extent that some applicants may be able to earn income earlier than they otherwise could currently, burdens to the support network of the applicant may be lessened. This network could include public and private entities and family and personal friends, legal services providers and advisors, religious and charity organizations, State and local public institutions, educational providers, and non-governmental organizations NGOs.
Unknown There could be familiarization costs associated with this proposed rule; for example, if attorneys representing the asylum client reviewed the rule, the cost would be about $69.05 per hour.
There may be some labor market impacts as some asylum seekers that currently enter the labor market with a pending asylum application would no longer be entering the labor market under this proposed rule if they get a negative decision on their asylum claim sooner. Applicants with a positive credible fear determination may enter the labor market sooner under this proposed rule than they would currently.
Tax impacts could accrue to the earlier entry of some individuals into the labor market; we estimate employment tax impacts could be $34.49 per person on a workday basis.
N/A

In addition to the impacts summarized above, and as required by
OMB Circular A4, Table 2 presents the prepared accounting statement showing
the costs and benefits associated with this regulation.63

TABLE 2OMB A4 ACCOUNTING STATEMENT
$ millions, 2020
Time Period: 20222031
Primary estimate
Category
Minimum estimate
Maximum estimate
Source citation
Benefits Monetized benefits

Not estimated
Not estimated
Not estimated
Annualized quantified, but un-monetized, benefits

N/A

N/A

N/A

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Unquantified benefits

63 OMB, Circular A4 2003, https
www.whitehouse.gov/sites/whitehouse.gov/files/

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Some individuals may benefit from filing cost-savings related to Forms I589 and I765. Early labor market entry would be beneficial in terms of labor earnings to the applicant, but also because it could reduce burdens on the applicants support networks.
Benefits driven by increased efficiency would enable some asylum-seeking individuals to move through the asylum process more expeditiously than through the current process, with timelines potentially decreasing significantly, thus promoting both human dignity and equity. Adjudicative efficiency gains and expanded parole could lead to individuals spending less time in detention, which would benefit the Government and the affected individuals.

omb/circulars/A4/a-4.pdf last viewed June 1, 2021.

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Impact
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