Federal Register/Vol. 85, No. 224/Thursday, November 19, 2020
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74196 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Proposed Rules DEPARTMENT OF HOMELAND considered by DHS and USCIS. Note: Implementing CAT and Deferral of SECURITY Comments received after December 21, Removal Under Regulations 2020 on the proposed rulemaking rather Implementing CAT 8 CFR Parts 106, 241 and 274a than those specific to the collection of E. Employment Authorization F. Biometric Submission [CIS No. 2653–19; DHS Docket No. USCIS– information will not be considered by V. Discussion of the Proposed Rule 2019–0024] DHS and USCIS. A. Eligibility for Employment ADDRESSES: You may submit comments Authorization for Aliens on Orders of RIN 1615–AC40 on the entirety of this proposed Supervision rulemaking package, identified by DHS B. USCIS Evidentiary Requirements Employment Authorization for Certain C. Biometric Submission and Criminal Classes of Aliens With Final Orders of Docket No. USCIS–2019–0024, through the Federal eRulemaking Portal: http:// History Removal D. Aliens Granted Deferral of Removal www.regulations.gov. Follow the Under the Regulations Implementing AGENCY: Department of Homeland website instructions for submitting CAT Security. comments. E. Effective Date of the Final Rule ACTION: Notice of proposed rulemaking. Comments submitted in a manner F. Additional Amendments other than the one listed above, VI. Statutory and Regulatory Requirements SUMMARY: The U.S. Department of including emails or letters sent to DHS A. Executive Orders 12866 (Regulatory Homeland Security (DHS) is proposing or USCIS officials, will not be Planning and Review) and 13563 to eliminate employment authorization considered comments on the proposed (Improving Regulation and Regulatory eligibility for aliens who have final rule and may not receive a response Review) 1. Summary orders of removal but are temporarily from DHS. Please note that DHS and 2. Background and Purpose of the released from custody on an order of USCIS cannot accept any comments that Proposed Rule supervision with one narrow exception. are hand-delivered or couriered. In 3. Population DHS proposes to continue to allow addition, USCIS cannot accept 4. Costs and Benefits of the Proposed Rule employment authorization for aliens for comments contained on any form of B. Regulatory Flexibility Act (RFA) whom DHS has determined that their digital media storage devices, such as C. Congressional Review Act (CRA) removal is impracticable because all CDs/DVDs and USB drives. Due to D. Unfunded Mandates Reform Act of 1995 countries from whom travel documents COVID–19, USCIS is also not accepting (UMRA) E. Executive Order 13132 (Federalism) have been requested have affirmatively mailed comments at this time. If you F. Executive Order 12988 (Civil Justice declined to issue a travel document and cannot submit your comment by using Reform) who establish economic necessity. DHS http://www.regulations.gov, please G. Executive Order 13175 Consultation and intends for this rule to reduce the contact Samantha Deshommes, Chief, Coordination With Indian Tribal incentive for aliens to remain in the Regulatory Coordination Division, Governments United States after receiving a final Office of Policy and Strategy, U.S. H. Family Assessment order of removal and to strengthen Citizenship and Immigration Services, I. National Environmental Policy Act protections for U.S. workers. Department of Homeland Security, by (NEPA) J. Paperwork Reduction Act (PRA) DHS is also proposing to clarify that telephone at (240) 721–3000 for K. Signature aliens who have been granted a deferral alternate instructions. of removal based on the United States’ FOR FURTHER INFORMATION CONTACT: Table of Abbreviations obligations under the United Nations Michael J. McDermott, Chief, Security AEDPA—Anti-Terrorism and Effective Death (U.N.) Convention Against Torture and and Public Safety Division, Office of Penalty Act Other Cruel, Inhuman or Degrading Policy and Strategy, U.S. Citizenship ASC—Application Support Center Treatment or Punishment (CAT) are and Immigration Services, Department BAHA—Buy American and Hire American similarly situated to aliens granted of Homeland Security, 5900 Capital (Executive Order 13788) withholding of removal under the Gateway Drive, MD, Camp Springs BIA—Board of Immigration Appeals Immigration and Nationality Act (INA) 20746; Telephone (240) 721–3000. BLS—Bureau of Labor Statistics and regulations implementing CAT, in CAT—Convention Against Torture and Other SUPPLEMENTARY INFORMATION: This Cruel, Inhuman or Degrading Treatment or that they cannot be removed to the supplementary information section is Punishment country in question while the order organized as follows: CFR—Code of Federal Regulations deferring their removal is in place. As DCAT—Deferral of Removal Under the such, DHS is proposing to treat aliens Table of Contents Regulations Implementing the Convention granted CAT deferral of removal as I. Public Participation Against Torture employment authorized based upon the II. Executive Summary DHS—U.S. Department of Homeland grant of deferral of removal. A. Major Provisions of the Regulatory Security DOJ—U.S. Department of Justice DATES: Written comments on this Action B. Summary of Costs, Benefits, and DOL—U.S. Department of Labor proposed rulemaking must be submitted Transfer Payments DOS—Department of State on or before December 21, 2020. III. Purpose of the Proposed Rule E.O.—Executive Order Comments on the collection of A. Enforcement Priorities EAD—Employment Authorization Document information (see Paperwork Reduction B. Strengthening Protections for U.S. EOIR—Executive Office for Immigration Act section) must be received on or Workers Review before January 19, 2021. Comments on C. Exception to Employment Authorization E-Verify—Employment Eligibility both the proposed rulemaking and the Bars Verification System collection of information received on or IV. Background FARRA—Foreign Affairs Reform and A. Legal Authority Restructuring Act of 1988 before December 21, 2020 will be B. Detention and Release of Aliens Ordered FBI—The Federal Bureau of Investigation considered by DHS and USCIS. Only Removed Form I–9—Employment Eligibility comments on the collection of C. Repatriation of Aliens Ordered Removed Verification information received between December D. Withholding of Deportation or Removal Form I–765—Application for Employment 21, 2020 and January 19, 2021 will be Under the INA and Regulations Authorization VerDate Sep<11>2014 22:20 Nov 18, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\19NOP4.SGM 19NOP4 Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Proposed Rules 74197 Form I–765WS—Form I–765, Employment Notice that is available via the link in subsequent to the alien’s release from Authorization Worksheet the footer of http://www.regulations.gov. custody on an order of supervision. FY—Fiscal Year ICE—U.S. Immigration and Customs Docket: For access to the docket and • Additional requirements for Enforcement to read background documents or renewal employment authorization for IIRIRA—Illegal Immigration Reform and comments received, go to http:// aliens temporarily released on orders of Immigrant Responsibility Act of 1996 www.regulations.gov, referencing DHS supervision: DHS further proposes to IJ—Immigration Judge Docket No. USCIS–2019–0024. You may allow aliens temporarily released on an INA—Immigration and Nationality Act also sign up for email alerts on the INS—Immigration and Naturalization Service order of supervision who apply for a LCA—Labor Condition Application online docket to be notified when renewal of their employment LPR—Lawful Permanent Resident comments are posted or a final rule is authorization to have it renewed only if MOU–Memorandum of Understanding published. the alien: (1) Continues to meet the NAICS—North American Industry exception noted above, (2) demonstrates Classification System II. Executive Summary NEPA—National Environmental Policy Act economic necessity, (3) establishes that OMB—Office of Management and Budget DHS seeks to align its discretionary he or she warrants a favorable exercise PRA—Paperwork Reduction Act authority to grant employment of discretion, and (4) establishes that he RFA—Regulatory Flexibility Act authorization to aliens ordered removed or she is employed by a U.S. employer RFE—Request for Evidence and temporarily released on orders of who is a participant in good standing in Secretary—Secretary of Homeland Security supervision with its current DHS’s employment eligibility SSA—Social Security Administration immigration enforcement priorities, TLC—Temporary Labor Certification verification system (E-Verify) by TNC—Tentative Non-Confirmation which include the prompt removal of providing the U.S. employer’s name as U.N.—United Nations aliens who have received a final order listed in E-Verify and the employer’s E- 1 U.S.C.—United States Code of removal from the United States, and Verify Company Identification Number. USCIS—U.S. Citizenship and Immigration the Administration’s efforts to An alien who fails to establish that he Services strengthen protections for U.S. workers. or she is employed by an E-Verify I. Public Participation DHS is proposing to modify its employer would not be eligible for a regulations in the following areas: All interested parties are invited to renewal EAD. DHS will consider an E- • participate in this rulemaking by Employment authorization Verify employer to be a participant in submitting written data, views, eligibility for aliens