Executive Office for Immigration Review July 9, 2020 – Federal Register Recent Federal Regulation Documents

This proposed rule would amend existing DHS and DOJ (collectively, ``the Departments'') regulations to clarify that the Departments may consider emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics when making a determination as to whether ``there are reasonable grounds for regarding [an] alien as a danger to the security of the United States'' and, thus, ineligible to be granted asylum or the protection of withholding of removal in the United States under Immigration and Nationality Act (``INA'') sections 208 and 241 and DHS and DOJ regulations. The proposed rule also would provide that this application of the statutory bars to eligibility for asylum and withholding of removal will be effectuated at the credible fear screening stage for aliens in expedited removal proceedings in order to streamline the protection review process and minimize the spread and possible introduction into the United States of communicable and widespread disease. The proposed rule further would allow DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum in the United States on certain grounds, including being reasonably regarded as a danger to the security of the United States. Finally, the proposed rule would modify the process for evaluating the eligibility of aliens for deferral of removal who are ineligible for withholding of removal as presenting a danger to the security of the United States.