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Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
and in furtherance of border security
aims. Retaining the expanded expedited
removal authority would require timeand fact-intensive training for all
current officers, agents, and supervisors
that would detract from multiple new
initiatives presently being introduced to
the workforce to better serve
enforcement priority mission areas.
Additionally, as the use of expanded
expedited removal would involve
complex new challenges for the ICE
workforce, it would come with
increased risk of otherwise avoidable
legal challenges to the agency’s
enforcement actions. The fact that the
expanded expedited removal authority
was used so rarely by ICE officers
during the approximately one year that
it was available to them reflects the
operational complexities and limited
utility that it presented in practice.
Because the July 2019 Notice did not
rescind or modify any earlier
designation, its rescission has the effect
of restoring the limitations on the
applicability of expedited removal
procedures that applied before the date
of its adoption (July 23, 2019). The
Secretary reserves his prerogative to
determine in the future whether and to
what extent new designations or further
discretionary modifications of
designations under INA
235(b)(1)(A)(iii), 8 U.S.C.
1225(b)(1)(A)(iii), and 8 CFR
235.3(b)(1)(ii) may be undertaken.
C. This Rescission Is Immediately
Effective
This Rescission is effective without
prior notice and comment or a delayed
effective date. Congress explicitly
authorized the Secretary to designate
categories of noncitizens to whom
expedited removal procedures may be
applied. It also made clear that ‘‘[s]uch
designation shall be in the sole and
unreviewable discretion of the
[Secretary] and may be modified at any
time.’’ INA 235(b)(1)(A)(iii)(I), 8 U.S.C.
1225(b)(1)(A)(iii)(I). Therefore, the
Secretary’s designation, within statutory
bounds, is ‘‘committed to agency
discretion by law and . . . there is no
cause of action to evaluate the merits of
the Secretary’s judgment under APA
standards.’’ Make the Road, 962 F.3d at
633–34. Furthermore, as the D.C. Circuit
held, based on the statutory language
allowing for modification of the
designation ‘‘at any time’’ and in his
‘‘sole and unreviewable discretion,’’ the
Department does not have to undertake
the notice-and-comment rulemaking
process. Id. at 635.
In keeping with the practice followed
in announcing previous designations,
consistent with the statute at INA
VerDate Sep<11>2014
21:01 Mar 18, 2022
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235(b)(1)(A)(iii)(I), 8 U.S.C.
1225(b)(1)(A)(iii)(I) and implementing
regulations at 8 CFR 235.3(b)(1)(ii), and
for the reasons explained above, this
designation is effective without prior
notice and comment or a delayed
effective date. See, e.g., 67 FR 68925; 69
FR 48880; 82 FR 4769; 82 FR 4902; 84
FR 35413. As discussed above, the
rulemaking procedures of the APA do
not apply to this Notice and the
expansion or contraction of a
designation may be made ‘‘at any time.’’
Make the Road, 962 F.3d at 634–35
(internal quotations omitted).
II. Rescission of the Notice of July 23,
2019, Designating Aliens for Expedited
Removal
Pursuant to INA 235(b)(1)(A)(iii), 8
U.S.C. 1225(b)(1)(A)(iii), and 8 CFR
235.3(b)(1)(ii), I order, in my sole and
unreviewable discretion, as follows:
(1) The Notice titled Designating
Aliens for Expedited Removal, 84 FR
35409 (July 23, 2019), is hereby
rescinded, effective immediately.
(2) With the exception of the July 23,
2019 Notice rescinded above, this
Rescission Notice does not supersede,
abrogate, amend, or modify any of the
previous designations under INA
235(b)(1)(A)(iii), 8 U.S.C.
1225(b)(1)(A)(iii). See 82 FR 4902 (Jan.
17, 2017); 69 FR 48877 (Aug. 11, 2004);
67 FR 68924 (Nov. 13, 2002). They shall
remain in full force and effect in
accordance with their respective terms.
Signed at Washington, DC.
Alejandro N. Mayorkas,
Secretary, Department of Homeland Security.
[FR Doc. 2022–05961 Filed 3–18–22; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0068]
Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Registration for Classification as a
Refugee
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
SUMMARY:
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: Comments are encouraged and
will be accepted until April 20, 2022.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
submitted via the Federal eRulemaking
Portal website at http://
www.regulations.gov under e-Docket ID
number USCIS–2007–0036. All
submissions received must include the
OMB Control Number 1615–0068 in the
body of the letter, the agency name and
Docket ID USCIS–2007–0036.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief,
Telephone number (240) 721–3000
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS website at http://
www.uscis.gov, or call the USCIS
Contact Center at (800) 375–5283; TTY
(800) 767–1833.
SUPPLEMENTARY INFORMATION:
Comments
The information collection notice was
previously published in the Federal
Register on September 8, 2021, at 86 FR
50368, allowing for a 60-day public
comment period. USCIS did receive one
comment in connection with the 60-day
notice.
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2007–0036 in the search box.
The comments submitted to USCIS via
this method are visible to the Office of
Management and Budget and comply
with the requirements of 5 CFR
1320.12(c). All submissions will be
posted, without change, to the Federal
eRulemaking Portal at http://
www.regulations.gov, and will include
any personal information you provide.
Therefore, submitting this information
makes it public. You may wish to
consider limiting the amount of
personal information that you provide
in any voluntary submission you make
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21MRN1
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
to DHS. DHS may withhold information
provided in comments from public
viewing that it determines may impact
the privacy of an individual or is
offensive. For additional information,
please read the Privacy Act notice that
is available via the link in the footer of
http://www.regulations.gov.
Written comments and suggestions
from the public and affected agencies
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Extension, Without Change, of a
Currently Approved Collection.
(2) Title of the Form/Collection:
Registration for Classification as a
Refugee.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: I–590; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. The Form I–590 is the
primary document in all refugee case
files and becomes part of the applicant’s
A-file. It is the application form by
which a person seeks refugee
classification and resettlement in the
United States. It documents an
applicant’s legal testimony (under oath)
as to his or her identity and claim to
refugee status, as well as other pertinent
information including marital status,
number of children, military service,
organizational memberships, and
violations of law. In addition to being
the application form submitted by a
person seeking refugee classification,
Form I–590 is used to document that an
applicant was interviewed by United
States Citizenship and Immigration
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21:01 Mar 18, 2022
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Services (USCIS) and record the
decision by the USCIS Officer to
approve or deny the applicant for
classification as a refugee. Regardless of
age, each person included in the case
must have his or her own Form I–590.
Refugees applying to CBP for admission
must have a stamped I–590 in their
travel packet in order to gain admission
as a refugee. They do not have refugee
status until they are admitted by CBP.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–590 is 50,000 and the
estimated hour burden per response is
3.25 hours. The estimated total number
of respondents for the information
collection I–590 Review is 3,000 and the
estimated hour burden per response is
1 hour. The estimated total number of
respondents for the information
collection of DNA Evidence is 100 and
the estimated hour burden per response
is 2 hours. The estimated total number
of respondents for the information
collection of Biometrics is 53,100 and
the estimated hour burden per response
is 0.33 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 183,223 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $12,000.
Dated: March 14, 2022.
Samantha L. Deshommes,
Chief, Regulatory Coordination Division,
Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2022–05853 Filed 3–18–22; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0026]
Agency Information Collection
Activities; Extension, Without Change,
of a Currently Approved Collection:
Immigrant Petition by Alien
Entrepreneur
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 30-Day notice.
AGENCY:
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
16025
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The purpose of this notice is to
allow an additional 30 days for public
comments.
DATES: Comments are encouraged and
will be accepted until April 20, 2022.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice, especially
regarding the estimated public burden
and associated response time, must be
submitted via the Federal eRulemaking
Portal website at http://
www.regulations.gov under e-Docket ID
number USCIS–2007–0021. All
submissions received must include the
OMB Control Number 1615–0026 in the
body of the letter, the agency name and
Docket ID USCIS–2007–0021.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief,
Telephone number (240) 721–3000
(This is not a toll-free number;
comments are not accepted via
telephone message.). Please note contact
information provided here is solely for
questions regarding this notice. It is not
for individual case status inquiries.
Applicants seeking information about
the status of their individual cases can
check Case Status Online, available at
the USCIS website at http://
www.uscis.gov, or call the USCIS
Contact Center at (800) 375–5283; TTY
(800) 767–1833.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Comments
The information collection notice was
previously published in the Federal
Register on December 15, 2021, at 86 FR
71277, allowing for a 60-day public
comment period. On December 16,
2021, USCIS received one comment in
connection with the 60-day notice.
You may access the information
collection instrument with instructions,
or additional information by visiting the
Federal eRulemaking Portal site at:
http://www.regulations.gov and enter
USCIS–2007–0021 in the search box.
The comments submitted to USCIS via
this method are visible to the Office of
Management and Budget and comply
with the requirements of 5 CFR
1320.12(c). All submissions will be
posted, without change, to the Federal
eRulemaking Portal at http://
www.regulations.gov, and will include
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21MRN1
File Type | application/pdf |
File Modified | 2022-03-19 |
File Created | 2022-03-19 |