[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]
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