[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Rules and Regulations]
[Pages 15072-15076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05872]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 208

[CIS No. 2671-20; DHS Docket No. USCIS-2020-0017]
RIN 1615-AC59


Asylum Interview Interpreter Requirement Modification Due to 
COVID-19

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Final rule and temporary final rule; extension.

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SUMMARY: 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 COVID-19 
pandemic.

DATES: 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 20588-0009; telephone 240-721-
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 1-877-889-5627 (TTY/TDD).

SUPPLEMENTARY INFORMATION:

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 107-296, 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 aliens,'' INA 103(a)(1), 8 U.S.C. 
1103(a)(1), and granted the Secretary the power to take all actions 
``necessary for carrying out'' the immigration laws, including the INA, 
id. 1103(a)(3). 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. 271(b)(3). 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 noncitizen's affirmative asylum application should be 
granted. See 8 CFR 208.4(b), 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 103(g), 240; 8 
U.S.C. 1103(g), 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 208(d)(5) of the INA, 8 U.S.C. 1158(d)(5), 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 208(d)(5)(B), 8 U.S.C. 1158(d)(5)(B). 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 applicant's native language or any other language in 
which the applicant is fluent.'' 8 CFR 208.9(g). 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.

[[Page 15073]]

    Accordingly, this temporary rule extends the temporary final rule 
published at 85 FR 59655 to continue to address the international 
spread of pandemic Coronavirus Disease 2019 (COVID-19) by seeking to 
slow the transmission and spread of the disease during asylum 
interviews before USCIS asylum officers. To that end, this temporary 
rule will extend the requirement in certain instances that noncitizens 
interviewed for this discretionary asylum benefit use USCIS Government-
provided interpreters.

C. The COVID-19 Pandemic

    On January 31, 2020, the Secretary of Health and Human Services 
declared a public health emergency under section 319 of the Public 
Health Service Act (42 U.S.C. 247d), in response to COVID-19.\1\ On 
February 24, 2021, the President issued a continuation of the National 
Emergency concerning the COVID-19 pandemic \2\ and on January 7, 2021 
the U.S. Department of Health and Human Services renewed the 
determination that a public health emergency exists.\3\ A more detailed 
background discussion of the COVID-19 pandemic is found in the original 
temporary rule and USCIS incorporates in this extension the discussion 
of the pandemic in to this extension. 85 FR 59655.
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    \1\ HHS, Determination of Public Health Emergency, 85 FR 7316 
(Feb. 7, 2020).
    \2\ Notice on the Continuation of the National Emergency 
Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 86 FR 
11599 (Feb. 26, 2021); Proclamation 9994 of March 13, 2020, 
Declaring a National Emergency Concerning the Coronavirus Disease 
(COVID-19) Outbreak, 85 FR 15337 (Mar. 18, 2020).
    \3\ HHS, Renewal of Determination That A Public Health Emergency 
Exists (Jan. 7, 2021), https://www.phe.gov/emergency/news/healthactions/phe/Pages/covid19-07Jan2021.aspx.
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    Since publication of the original rule, several variants of the 
virus that causes COVID-19 have been reported in the United States.\4\ 
Some evidence already suggests that at least one variant may be 
associated with an increased risk of death.\5\ As of February 23, 2021, 
there have been approximately 110,763,898 cases of COVID-19 identified 
globally, resulting in approximately 2,455,331 deaths; approximately 
27,702,074 cases have been identified in the United States, with about 
480,467 new cases being identified in the 7 days preceding February 
23rd, and approximately 491,894 reported deaths due to the disease.\6\
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    \4\ CDC, Emerging SARS-CoV-2 Variants (Jan. 28, 2021), https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html.
    \5\ Id.
    \6\ WHO, Weekly epidemiological update--23 February 2021 (Feb. 
23, 2021), available at https://www.who.int/publications/m/item/
weekly-epidemiological-update--23-february-2021.
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    As of February 27, 2021, the U.S. Food and Drug Administration 
(FDA) has issued emergency use authorizations (EUAs) for three COVID-19 
vaccines.\7\ One vaccine is produced by Pfizer-BioNTech, one by 
Moderna, and one by Janssen.\8\ The Pfizer-BioNTech and Moderna 
vaccines require two doses to be effective at preventing COVID-19 
illness.\9\ The Janssen vaccine requires only one dose.\10\ As of 
February 17th 2021, only 15,471,536 people in the United States had 
completed a COVID-19 vaccine regimen.\11\ The vaccine supply is 
currently limited, but the federal government is working to expand 
access to the COVID-19 vaccines to everyone in the United States.\12\ 
Health experts do not yet know what percentage of people in the U.S. 
will need to be vaccinated before enough individuals in the community 
are protected to meaningfully reduce the spread of the disease from 
person to person.\13\ Experts are still learning about how effectively 
the vaccines prevent those who have been vaccinated from spreading the 
virus that causes COVID-19 to other people.\14\ There are also multiple 
variants of the virus that causes COVID-19 circulating in the United 
States. Scientists are still working to determine how effective the 
currently authorized vaccines are against these variants.\15\ 
Furthermore, hospitalization and mechanical respiratory support may 
still be required in severe cases of COVID-19 illness.\16\ Testing is 
available to confirm suspected cases of COVID-19 infection. At present, 
the time it takes to receive results varies, based on type of test 
used, laboratory capacity, and geographic location, among other 
factors.\17\ The CDC warns that a negative test result could stem from 
the collection of the sample used in the test occurring too early in 
the course of that individual's infection, and highlights that the 
individual may still get sick or test positive later in the course of 
their infection.\18\
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    \7\ FDA, COVID-19 Vaccines (Feb. 12, 2021), https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines.
    \8\ FDA, COVID-19 Vaccines (Feb. 12, 2021), https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/covid-19-vaccines. Janssen Biotech Inc., the manufacturer of the 
third vaccine granted an EUA by the FDA, is a Janssen Pharmaceutical 
Company of Johnson & Johnson.
    \9\ CDC, Information about the Moderna COVID-19 Vaccine (Jan. 
25, 2021), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines/Moderna.html; CDC, Information about the Pfizer-
BioNTech COVID-19 Vaccine (Jan. 25, 2021), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines/Pfizer-BioNTech.html.
    \10\ FDA, FDA Issues Emergency Use Authorization for Third 
COVID-19 Vaccine (Feb. 27, 2021), https://www.fda.gov/news-events/press-announcements/fda-issues-emergency-use-authorization-third-covid-19-vaccine.
    \11\ CDC, COVID Date Tracker--COVID-19 Vaccinations in the 
United States (Feb. 17, 2021), https://covid.cdc.gov/covid-data-tracker/#vaccinations.
    \12\ CDC, Key Things to Know About COVID-19 Vaccines (Feb. 9, 
2021), https://www.cdc.gov/coronavirus/2019-ncov/vaccines/keythingstoknow.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fvaccines%2F8-things.html.
    \13\ Id.
    \14\ Id.
    \15\ CDC, Emerging SARS-CoV-2 Variants (Jan. 28, 2021), https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html.
    \16\ CDC, Interim Clinical Guidance for Management of Patients 
with Confirmed Coronavirus Disease (COVID-19) (Feb. 16, 2021), 
https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html.
    \17\ CDC, Test for Current Infection (Viral Test) (Feb. 16, 
2021), https://www.cdc.gov/coronavirus/2019-ncov/testing/diagnostic-testing.html.
    \18\ Id.
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    Many states and businesses are reopening in various phases, yet 
there are numerous challenges. The CDC has posted guidance for 
workplaces that either have reopened, or plan to do so, which include: 
Ensuring social distancing, installing physical barriers, modifying 
workspaces, closing communal spaces, staggering shifts, limiting 
travel, modifying commuting practices, and actively encouraging 
employees who have symptoms to stay home.\19\
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    \19\ CDC, Guidance for Businesses and Employers Responding to 
Coronavirus Disease 2019 (COVID-19) (Jan. 4, 2021), https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html; CDC, Guidance for Cleaning and Disinfecting Public 
Spaces, Workplaces, Businesses, Schools, and Homes (Jan. 5, 2021), 
https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html.
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II. Purpose of This Temporary Final Rule

    In light of the pandemic and to protect its workforce and help 
mitigate the spread of COVID-19, USCIS temporarily suspended all face-
to-face services with the public from March 18, 2020 to June 4, 2020. 
In an effort to promote safety as USCIS reopened offices to the public 
for in-person services and resumed necessary operations, so that 
applicants for asylum and other USCIS immigration benefits could 
continue with their applications and petitions and not face adverse 
delays, USCIS implemented various mitigation efforts to protect the 
health and safety of the employees and the public, including: Requiring 
facial covers for all employees and members

[[Page 15074]]

of the public above the age of two; limiting the number of employees 
and members of the public in the office; conducting interviews from 
separate offices to ensure that employees are not in the same room as 
members of the public; and installing plexiglass where necessary to 
provide a barrier for employees when social distancing is not possible. 
Other mitigation efforts, such as mandatory temperature screening for 
visitors and voluntary checks for employees, were implemented in 
January 2021.
    DHS implemented a temporary rule on September 23, 2020 in order to 
reduce visitors to asylum offices in support of the overall COVID-19 
mitigation strategies described above. Between September 23, 2020 and 
March 10, 2021, USCIS conducted 7,764 asylum interviews. That temporary 
rule, along with other noted public safety measures, have been 
effective in keeping our workforce and the public safe. As of March 5, 
2021, there have been 1,577 confirmed cases of COVID-19 exposure among 
USCIS employees and contractors. The USCIS exposure rate (5.6%) remains 
below the national average (8.6%).
    Therefore, DHS has determined that it is in the best interest of 
the public and USCIS employees and contractors to extend the temporary 
rule for another 180 days. Under this extension, asylum applicants who 
are unable to proceed with the interview in English will ordinarily be 
required to proceed with government-provided telephonic contract 
interpreters so long as they speak one of the 47 languages found on the 
Required Languages for Interpreter Services Blanket Purchase Agreement/
U.S. General Services Administration Language Schedule (``GSA 
Schedule''). If the applicant does not speak a language on the GSA 
Schedule or elects to speak a language that is not on the GSA Schedule, 
the applicant will be required to bring his or her own interpreter to 
the interview who is fluent in English and the elected language (not on 
the GSA schedule).
    USCIS incorporates into this extension the justifications, as well 
as the discussion on the benefits of providing telephonic contract 
interpreters in reducing the risk of contracting COVID-19 for 
applicants, attorneys, interpreters, and USCIS employees from the 
original rule.

III. Discussion of Regulatory Change: 8 CFR 208.9(h) \20\
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    \20\ The interpreter interview provisions can be found in two 
parallel sets of regulations: Regulations under the authority of DHS 
are contained in 8 CFR part 208; and regulations under the authority 
of the Department of Justice (DOJ) are contained in 8 CFR part 1208. 
Each set of regulations contains substantially similar provisions 
regarding asylum interview processes, and each articulates the 
interpreter requirement for interviews before an asylum officer. 
Compare 8 CFR 208.9(g), with 8 CFR 1208.9(g). This temporary final 
rule revises only the DHS regulations at 8 CFR 208.9. 
Notwithstanding the language of the parallel DOJ regulations in 8 
CFR 1208.9, as of the effective date of this TFR, the revised 
language of 8 CFR 208.9(h) is binding on DHS and its adjudications 
for 180 days. DHS would not be bound by the DOJ regulation at 8 CFR 
1208.9(g).
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    DHS has determined that there are reasonable grounds for regarding 
potential exposure to COVID-19 as a public health concern and thus 
sufficient to continue to modify the interpreter requirement for asylum 
applicants to lower the number of in-person attendees at asylum 
interviews. DHS will continue to require asylum applicants to proceed 
with the asylum interview using USCIS's interpreter services for 
another 180 days following publication of this temporary final rule if 
they are fluent in one of the 47 languages discussed in the temporary 
rule at 85 FR at 59657.\21\ After the 180 days concludes, asylum 
applicants unable to proceed in English will again be required to 
provide their own interpreters under 8 CFR 208.9(g).
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    \21\ DHS notes that this extension does not modify 8 CFR 
208.9(g); rather the extension temporary rule is written so that any 
asylum interviews occurring while the temporary rule is effective 
will be bound by the requirements at 8 CFR 208.9(h).
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    DHS noted in the original temporary final rule that it would 
evaluate the public health concerns and resource allocation to 
determine whether to extend the rule. DHS has determined that extending 
this rule is necessary for public safety, and accordingly, DHS is 
extending this rule for 180 days unless it is further extended at a 
later date, and it continues to apply to all asylum interviews across 
the nation. USCIS has determined that an extension of 180 days is 
appropriate given that (1) the pandemic is ongoing; \22\ (2) there is 
much that remains unknown about the transmissibility, severity, and 
other features associated with COVID-19; (3) mitigation is especially 
important before additional vaccines and treatments become widely 
available; and (4) several variants of the virus that causes COVID-19 
are circulating in the US. Health experts are still learning how easily 
these variants can be transmitted and how effectively the currently 
authorized vaccines provide protection against the variants. Prior to 
the expiration of this extension to the temporary rule, DHS will again 
evaluate the public health concerns and resource allocation to 
determine if another extension is appropriate to further the goals of 
promoting public safety. If necessary, DHS would publish any such 
extension via a rulemaking in the Federal Register.
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    \22\ See 86 FR 11599; 85 FR 15337; HHS, Renewal of Determination 
that a Public Health Emergency exists.
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IV. Regulatory Requirements

A. Administrative Procedure Act (APA)

    DHS is issuing this extension as a temporary final rule pursuant to 
the APA's ``good cause'' exception. 5 U.S.C. 553(b)(B). DHS may forgo 
notice-and-comment rulemaking and a delayed effective date because the 
APA provides an exception from those requirements when an agency ``for 
good cause finds . . . that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(B); see 5 U.S.C. 553(d)(3).
    The good cause exception for forgoing notice-and-comment rulemaking 
``excuses notice and comment in emergency situations, or where delay 
could result in serious harm.'' Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. 
Cir. 2004). Although the good cause exception is ``narrowly construed 
and only reluctantly countenanced,'' Tenn. Gas Pipeline Co. v. FERC, 
969 F.2d 1141, 1144 (D.C. Cir 1992), DHS has appropriately invoked the 
exception in this case, for the reasons set forth below. Additionally, 
on multiple occasions, agencies have relied on this exception to 
promulgate both communicable disease-related \23\ and immigration-
related \24\

[[Page 15075]]

interim rules, as well as extend such rules.\25\
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    \23\ HHS Control of Communicable Diseases; Foreign Quarantine, 
85 FR 7874 (Feb. 12, 2020) (interim final rule to enable the CDC 
``to require airlines to collect, and provide to CDC, certain data 
regarding passengers and crew arriving from foreign countries for 
the purposes of health education, treatment, prophylaxis, or other 
appropriate public health interventions, including travel 
restrictions''); Control of Communicable Diseases; Restrictions on 
African Rodents, Prairie Dogs, and Certain Other Animals, 68 FR 
62353 (Nov. 4, 2003) (interim final rule to modify restrictions to 
``prevent the spread of monkeypox, a communicable disease, in the 
United States.'').
    \24\ See, e.g., Visas: Documentation of Nonimmigrants Under the 
Immigration and Nationality Act, as Amended, 81 FR 5906, 5907 (Feb. 
4, 2016) (interim rule citing good cause to immediately require a 
passport and visa from certain H2-A Caribbean agricultural workers 
to avoid ``an increase in applications for admission in bad faith by 
persons who would otherwise have been denied visas and are seeking 
to avoid the visa requirement and consular screening process during 
the period between the publication of a proposed and a final 
rule''); Suspending the 30-Day and Annual Interview Requirements 
From the Special Registration Process for Certain Nonimmigrants, 68 
FR 67578, 67581 (Dec. 2, 2003) (interim rule claiming the good cause 
exception for suspending certain automatic registration requirements 
for nonimmigrants because ``without [the] regulation approximately 
82,532 aliens would be subject to 30-day or annual re-registration 
interviews'' over a six-month period).
    \25\ See, e.g., Temporary Changes to Requirements Affecting H-2A 
Nonimmigrants Due To the COVID-19 National Emergency: Partial 
Extension of Certain Flexibilities, 85 FR 51304 (Aug. 20, 2020) 
(temporary final rule extending April 20, 2020 temporary final 
rule).
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    DHS is publishing this extension as a temporary final rule because 
of the continuing COVID-19 crisis and incorporates into this extension 
the discussion of good cause from the original temporary rule. 
Additionally, as discussed earlier in this preamble, on January 7, 
2021, the Secretary of Health and Human Services renewed the 
determination that a COVID-19 public health emergency exists.\26\ On 
February 26, 2021, President Biden published a notice on the 
continuation of the state of the National Emergency concerning the 
COVID-19 outbreak.\27\
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    \26\ HHS, Renewal of Determination that a Public Health 
Emergency exists.
    \27\ 86 FR 11599.
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    As of February 23, 2021, there have been approximately 110,763,898 
cases of COVID-19 identified globally, resulting in approximately 
2,455,331 deaths; approximately 27,702,074 cases have been identified 
in the United States, with about 480,467 new cases being identified in 
the 7 days preceding February 23rd, and approximately 491,894 reported 
deaths due to the disease.\28\
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    \28\ WHO, Weekly epidemiological update.
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    Hospitalization may still be required in severe cases and 
mechanical respiratory support may be needed in the most severe cases. 
Additionally, several variants of the virus that causes COVID-19 have 
been reported in the United States.\29\ Some evidence already suggests 
that at least one variant may be associated with an increased risk of 
death.\30\
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    \29\ CDC, Emerging SARS-CoV-2 Variants (Jan. 28, 2021), https://www.cdc.gov/coronavirus/2019-ncov/more/science-and-research/scientific-brief-emerging-variants.html.
    \30\ Id.
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    Based on the continuing health emergency, DHS has concluded that 
the good cause exceptions in 5 U.S.C. 553(b)(B) and (d)(3) apply to 
this temporary final rule extension. Delaying implementation of this 
rule until the conclusion of notice-and-comment procedures and the 30-
day delayed effective date would be impracticable and contrary to the 
public interest due to the need to continue agency operations and 
reduce associated risk to asylum office staff, as well as the public, 
with the spread of COVID-19.
    As of March 10, 2021, USCIS had 397,451 asylum applications, on 
behalf of 625,220 noncitizens, pending final adjudication. Over 94% of 
these pending applications are awaiting an interview by an asylum 
officer. The USCIS backlog will continue to increase unless USCIS can 
safely and efficiently conduct asylum interviews.
    This extension temporary final rule is promulgated as a response to 
COVID-19. It is temporary, limited in application to only those asylum 
applicants who cannot proceed with the interview in English, and 
narrowly tailored to mitigate the spread of COVID-19. To not extend 
such a measure could cause serious and far-reaching public safety and 
health effects.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of the rule 
on small entities (i.e., small businesses, small organizations, and 
small governmental jurisdictions). A regulatory flexibility analysis is 
not required when a rule is exempt from notice-and-comment rulemaking.

C. Unfunded Mandates Reform Act of 1995

    This temporary final rule extension will not result in the 
expenditure by state, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year, and 
it will not significantly or uniquely affect small governments. 
Therefore, no actions were deemed necessary under the provisions of the 
Unfunded Mandates Reform Act of 1995.

D. Congressional Review Act

    This temporary final rule extension is not a major rule as defined 
by section 804 of the Congressional Review Act. 5 U.S.C. 804. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

E. Executive Order 12866 Executive Order 13563

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. This rule 
is designated a significant regulatory action under E.O. 12866. 
Accordingly, the Office of Management and Budget (OMB) has reviewed 
this regulation. DHS, however, is proceeding under the emergency 
provision of Executive Order 12866 Section 6(a)(3)(D) based on the need 
to move expeditiously during the current public health emergency.
    This extension of the original temporary rule will continue to help 
asylum applicants proceed with their interviews in a safe manner, while 
protecting agency staff. As a result of the original temporary rule, 
between September 23, 2020 and March 10, 2021, USCIS conducted 7,764 
asylum interviews, with interpreters available telephonically. This 
extension of the original temporary rule is not expected to result in 
any additional costs to the applicant or to the government. As 
previously explained, the contract interpreters will be provided at no 
cost to the applicant. USCIS already has an existing contract to 
provide telephonic interpretation and monitoring in interviews for all 
of its case types. USCIS has provided monitors for many years. Almost 
all interviews that utilize a USCIS provided interpreter after this 
rulemaking would have had a contracted monitor under the status quo. As 
the cost of monitoring and interpretation are identical under the 
contract and monitors will no longer be needed for these interviews, 
the implementation of this rule is projected to be cost neutral or 
negligible as USCIS is already paying for these services even without 
this rule.

F. 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 
Executive Order 13132, it is determined that this

[[Page 15076]]

rule does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

G. Executive Order 12988 (Civil Justice Reform)

    This rule meets the applicable standards set forth in section 3(a) 
and 3(b)(2) of Executive Order 12988.

H. Paperwork Reduction Act

    This rule does not propose new, or revisions to existing, 
``collection[s] of information'' as that term is defined under the 
Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 
35, and its implementing regulations, 5 CFR part 1320. As this is an 
extension of a temporary final rule and would only span 180 days, USCIS 
does not anticipate a need to update the Form I-589, Application for 
Asylum and for Withholding of Removal, despite the existing language on 
the Instructions regarding interpreters, because it will be primarily 
rescheduling interviews that were cancelled due to COVID-19. USCIS will 
post updates on its I-589 website, https://www.uscis.gov/i-589, and 
other asylum and relevant web pages regarding the new interview 
requirements in this regulation, as well as provide personal notice to 
applicants via the interview notices issued to applicants prior to 
their interview.

List of Subjects in 8 CFR Part 208

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

    Accordingly, for the reasons set forth in the preamble, the 
Secretary of Homeland Security amends 8 CFR part 208 as follows:

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

0
1. The authority citation for part 208 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title 
VII of Pub. L. 110-229; 8 CFR part 2; Pub. L. 115-218.


0
2. Section 208.9(h) introductory text is revised to read as follows:


Sec.  208.9  Procedure for interview before an asylum officer.

* * * * *
    (h) Asylum applicant interpreters. For asylum interviews conducted 
between September 23, 2020 through September 20, 2021:
* * * * *

Alejandro Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-05872 Filed 3-19-21; 8:45 am]
BILLING CODE 9111-97-P