Department of Justice August 20, 2021 – Federal Register Recent Federal Regulation Documents
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Meeting of the Public Safety Officer Medal of Valor Review Board
This is an announcement cancelling the meeting of the Public Safety Officer Medal of Valor Review Board that was scheduled for September 20, 2021, and rescheduling it for October 19, 2021. The primarily intended purpose of this meeting is to consider nominations for the 2020-2021 Medal of Valor, and to make a limited number of recommendations for submission to the U.S. Attorney General. Additional issues of importance to the Board may also be discussed. The virtual meeting/conference call date and time is listed below.
Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
The Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (collectively, ``the Departments'') are proposing to amend the regulations governing the determination of certain protection claims raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture. Under the proposed rule, such individuals could have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (``INA'' or ``the Act'') (``statutory withholding of removal''), or protection under the regulations issued pursuant to the legislation implementing U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (``CAT'') initially adjudicated by an asylum officer within U.S. Citizenship and Immigration Services (``USCIS''). Such individuals who are granted relief by the asylum officer would be entitled to asylum, withholding of removal, or protection under CAT, as appropriate. Such individuals who are denied protection would be able to seek prompt, de novo review with an immigration judge (``IJ'') in the DOJ Executive Office for Immigration Review (``EOIR''), with appeal available to the Board of Immigration Appeals (``BIA''). These changes are intended to improve the Departments' ability to consider the asylum claims of individuals encountered at or near the border more promptly while ensuring fundamental fairness. In addition, among other changes to the asylum process, the Departments are proposing to return to the regulatory framework governing the credible fear screening process in place before various regulatory changes made from the end of 2018 through the end of 2020, so as to apply once more the longstanding ``significant possibility'' screening standard to all protection claims, but not to apply the mandatory bars to asylum and withholding of removal (with limited exception) at this initial screening stage.
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