16024 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / 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 

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 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: 30-Day notice. 

SUMMARY: 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–2007–0036. 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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 16025 

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 

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 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: 30-Day notice. 

SUMMARY: 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: 

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 


khammond on DSKJM1Z7X2PROD with NOTICES