36264 Federal Register / Vol. 85, No. 115 / Monday, June 15, 2020 / Proposed Rules DEPARTMENT OF HOMELAND comments prior to midnight eastern Immigration Review, 5107 Leesburg SECURITY time at the end of that day. Comments Pike, Suite 1800, Falls Church, VA specific to the proposed collection of 22041, telephone (703) 305–0289 (not a 8 CFR Parts 208 and 235 information will be accepted until toll-free call). RIN 1615–AC42 August 14, 2020. All such submissions Maureen Dunn, Chief, Division of received must include the OMB Control Humanitarian Affairs, Office of Policy DEPARTMENT OF JUSTICE Number 1615–0067 in the body of the and Strategy, U.S. Citizenship and submission. Note: Comments received Immigration Services, 20 Massachusetts Executive Office for Immigration on the information collection that are Ave. NW, Washington, DC 20529; Review intended as comments on the proposed telephone (202) 272–8377. rulemaking rather than those specific to SUPPLEMENTARY INFORMATION: 8 CFR Parts 1003, 1208, and 1235 the collection of information will be I. Public Participation rejected. [EOIR Docket No. 18–0002; A.G. Order No. Interested persons are invited to 4714–2020] ADDRESSES: If you wish to provide participate in this rulemaking by comments regarding this rulemaking, RIN 1125–AA94 submitting written data, views, or you must submit comments, identified arguments on all aspects of this rule via Procedures for Asylum and by the agency name and reference RIN one of the methods and by the deadline Withholding of Removal; Credible Fear 1125–AA94 or EOIR Docket No. 18– stated above. All comments must be and Reasonable Fear Review 0002, by one of the two methods below. • submitted in English, or accompanied Federal eRulemaking Portal: http:// by an English translation. The AGENCY: Executive Office for www.regulations.gov. Follow the Departments also invite comments that Immigration Review, Department of website instructions for submitting Justice; U.S. Citizenship and relate to the economic, environmental, comments. or federalism effects that might result Immigration Services, Department of • Mail: Paper comments that from this rule. Comments that will Homeland Security. duplicate an electronic submission are provide the most assistance to the ACTION: Joint notice of proposed unnecessary. If you wish to submit a Departments in developing these rulemaking. paper comment in lieu of electronic procedures will reference a specific submission, please direct the mail/ portion of the rule; explain the reason SUMMARY: The Department of Justice and shipment to: Lauren Alder Reid, the Department of Homeland Security for any recommended change; and Assistant Director, Office of Policy, include data, information, or authority (collectively, ‘‘the Departments’’) Executive Office for Immigration propose to amend the regulations that support such recommended change. Review, 5107 Leesburg Pike, Suite 1800, Please note that all comments governing credible fear determinations Falls Church, VA 22041. To ensure so that individuals found to have such received are considered part of the proper handling, please reference the public record and made available for a fear will have their claims for asylum, agency name and RIN 1125–AA94 or withholding of removal under section public inspection at http:// EOIR Docket No. 18–0002 on your www.regulations.gov. Such information 241(b)(3) of the Immigration and correspondence. Mailed items must be Nationality Act (‘‘INA’’ or ‘‘the Act’’) includes personally identifying postmarked or otherwise indicate a information (such as your name, (‘‘statutory withholding of removal’’), or shipping date on or before the protection under the regulations issued address, etc.) voluntarily submitted by submission deadline. the commenter. If you want to submit pursuant to the legislation Collection of information. You must personally identifying information (such implementing the Convention Against submit comments on the collection of as your name, address, etc.) as part of Torture and Other Cruel, Inhuman or information discussed in this notice of your comment, but do not want it to be Degrading Treatment or Punishment proposed rulemaking to both the posted online, you must include the (‘‘CAT’’), adjudicated by an immigration rulemaking docket and the Office of phrase ‘‘PERSONALLY IDENTIFIABLE judge within the Executive Office for Management and Budget’s (OMB) Office INFORMATION’’ in the first paragraph Immigration Review (‘‘EOIR’’) in of Information and Regulatory Affairs of your comment and identify what streamlined proceedings (rather than in (OIRA). All such submissions received information you want redacted. proceedings under section 240 of the must include the OMB Control Number If you want to submit confidential Act), and to specify what standard of 1615–0067 in the body of the business information as part of your review applies in such streamlined submission. OIRA submissions can be comment, but do not want it to be proceedings. The Departments further sent using any of the following methods. posted online, you must include the propose changes to the regulations • Email (preferred): DHSDeskOfficer@ phrase ‘‘CONFIDENTIAL BUSINESS regarding asylum, statutory withholding omb.eop.gov (include the docket INFORMATION’’ in the first paragraph of removal, and withholding and number and ‘‘Attention: Desk Officer for of your comment. You must deferral of removal under the CAT U.S. Citizenship and Immigration prominently identify the confidential regulations. The Departments also Services, DHS’’ in the subject line of the business information to be redacted propose amendments related to the email). within the comment. If a comment has standards for adjudication of • Fax: 202–395–6566. so much confidential business • applications for asylum and statutory Mail: Office of Information and information that it cannot be effectively withholding. Regulatory Affairs, Office of redacted, all or part of that comment DATES: Written or electronic comments Management and Budget, 725 17th may not be posted on http:// on the notice of proposed rulemaking Street NW, Washington, DC 20503; www.regulations.gov. must be submitted on or before July 15, Attention: Desk Officer, U.S. Citizenship Personally identifying information 2020. Written comments postmarked on and Immigration Services, DHS. located as set forth above will be placed or before that date will be considered FOR FURTHER INFORMATION CONTACT: in the agency’s public docket file, but timely. The electronic Federal Docket Lauren Alder Reid, Assistant Director, not posted online. Confidential business Management System will accept Office of Policy, Executive Office for information identified and located as set VerDate Sep<11>2014 17:38 Jun 12, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15JNP2.SGM 15JNP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 115 / Monday, June 15, 2020 / Proposed Rules 36265 forth above will not be placed in the permanent procedure for the admission classes of aliens 4—who are found to be public docket file. The Departments and protection of refugees, generally inadmissible under either section may withhold from public viewing defined in domestic law as: 212(a)(6)(C) of the INA, 8 U.S.C. information provided in comments that any person who is outside of any country of 1182(a)(6)(C), regarding material they determine may affect the privacy of such person’s nationality * * * and who is misrepresentations, or section 212(a)(7) an individual or is offensive. For unable or unwilling to return to, and is of the INA, 8 U.S.C. 1182(a)(7), additional information, please read the unable or unwilling to avail himself or regarding documentation requirements Privacy Act notice that is available via herself of the protection of, that country for admission, may be ‘‘removed from the link in the footer of http:// because of persecution or a well-founded fear the United States without further www.regulations.gov. To inspect the of persecution on account of race, religion, hearing or review unless the alien nationality, membership in a particular social agency’s public docket file in person, group, or political opinion. indicates either an intention to apply for you must make an appointment with the asylum under section [208 of the INA, agency. Please see the FOR FURTHER Refugee Act, sec. 201(a), 94 Stat. at 102 8 U.S.C. 1158,] or a fear of persecution.’’ INFORMATION CONTACT paragraph above (codified at section 101(a)(42) of the INA 235(b)(1)(A)(i), 8 U.S.C. for agency contact information. INA, 8 U.S.C. 1101(a)(42)). Those five 1225(b)(1)(A)(i).5 Among other things, grounds are the sole grounds for asylum expedited removal is an administrative II. Discussion 1 and refugee status. process that allows for the fair and Since World War II, the United States A. Expedited Removal and Screenings efficient removal of aliens who have has sought a comprehensive solution to in the Credible Fear Process made no claims regarding asylum or a the issues surrounding the admission of fear of return or, if they have, have not refugees into the country and the 1. Asylum-and-Withholding-Only established a fear of persecution or protection of refugees from return to Proceedings 2 for Aliens With Credible torture, without requiring lengthy and persecution. As an expression of a Fear resource-intensive removal proceedings nation’s foreign policy, the laws and In the Illegal Immigration Reform and in immigration court. policies surrounding asylum are an Immigrant Responsibility Act of 1996, Pursuant to statute and regulations, assertion of a government’s right and Public Law 104–208, div. C, 110 Stat. DHS implements a screening process, duty to protect its own resources and 3009, 3009–546 (‘‘IIRIRA’’), Congress citizens, while aiding those in true need established the expedited removal 1102, 116 Stat. at 2274 (codified at INA 103(g)(1), of protection from harm. See, e.g., process, thus establishing two primary 8 U.S.C. 1103(g)(1)); see 6 U.S.C. 521. Furthermore, Kleindienst v.