[Federal Register Volume 87, Number 77 (Thursday, April 21, 2022)]
[Notices]
[Pages 23879-23880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08508]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2022-0020]


Agency Information Collection Activities: Migrant Protection 
Protocols (MPP) Disenrollment Request System

AGENCY: Department of Homeland Security (DHS).

ACTION: 5-Day notice and request for comments.

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SUMMARY: The Department of Homeland Security, will submit the following 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995.

DATES: Comments are encouraged and will be accepted until April 26, 
2022. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: You may submit comments, identified by docket number Docket 
#DHS-2022-0020, at:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Please follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket #DHS-2022-0020. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS) 
Headquarters (HQ) Migrant Protection Protocols (MPP) program is a U.S. 
Government program, initiated in January 2019 pursuant to Section 
235(b)(2)(C) of the Immigration and Nationality Act (INA). Under MPP, 
the United States returns to Mexico certain citizens and nationals of 
countries in the Western Hemisphere other than Mexico while their U.S. 
removal proceedings are pending.
    On June 1, 2021, the Secretary of Homeland Security determined that 
MPP should be terminated and issued a memorandum to that effect. On 
August 13, 2021, however, the U.S. District Court for the Northern 
District of Texas determined in Texas v. Biden that the June 1, 2021 
memo was not issued in compliance with the Administrative Procedure Act 
and INA and ordered DHS to ``enforce and implement MPP in good faith.'' 
See Texas v. Biden, No. 2:21-cv-067, 2021 WL 3603341 (N.D. Tex. Aug. 
13, 2021).
    On October 29, 2021, after an extensive and comprehensive review, 
the Secretary of Homeland Security issued a new memorandum terminating 
MPP, which DHS will implement as soon as practicable after issuance of 
a final judicial decision to vacate the Texas injunction. Until that 
time, the Department continues to comply with the Texas injunction 
requiring good-faith implementation and enforcement of MPP. To carry 
out the court order requiring good-faith implementation and enforcement 
of MPP, the Department is proposing a new data collection. To achieve 
efficiencies and ensure consistency with MPP guidance, DHS seeks to 
create a public-facing MPP Disenrollment Request website.
    All information entered by individuals into the MPP Disenrollment 
Request System will be used by DHS employees and staff to determine 
whether, consistent with DHS MPP guidance, an individual should be 
disenrolled from MPP. Decisions whether to enroll or disenroll 
individuals from MPP are at DHS's discretion, and the disenrollment 
request process does not create any obligation or private right of 
action enforceable in administrative or judicial

[[Page 23880]]

proceedings. Information submitted will be used to ensure that 
enrollments are consistent with DHS MPP guidance.
    DHS anticipates individual review requests will primarily fall into 
the following categories:
    1. An MPP enrollee believes they meet one of the criteria that 
should counsel in favor of their exemption and therefore should not 
have been placed in the program.
    2. An MPP enrollee was not given access to a non-refoulement 
interview and wished to have one.
    3. An MPP enrollee has experienced a materially changed 
circumstance such that they now may meet one of the criteria that 
should counsel in favor of their exception from MPP or may now be able 
to establish a reasonable possibility of persecution or torture if they 
were to receive a non-refoulement interview.
    The purpose of the public facing MPP Disenrollment Request website 
is to provide an avenue for individuals to initiate a request for 
disenrollment from MPP should they believe they should not be included 
in the MPP program. The website will also provide additional 
information to the users as well. Once an individual has provided 
information, the government will have the ability to determine whether 
an individual is incorrectly placed in MPP processing. The information 
to be collected for self-disclosure is listed below.

Submission Information

Attorney or Representative Email

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Attorney or Representative Name

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Attorney or Representative Phone Number

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Attorney or Representative Country Code

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A #Number

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Best Phone Number

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E-mail Address

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First, Middle, and Last Name

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Date of Birth

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Country of Birth

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County of Citizen Citizenship

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Where are you (MPP enrolled person) located now? (Country, City, State)

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Preferred Language

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Reason for MPP review

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Preparer Name

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Preparer Phone Number

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Preparer Email

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Preparer Relationship to Enrollee

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    DHS will launch a public-facing website on DHS.gov for MPP 
enrollees or representatives acting on their behalf to submit requests. 
The information on the application will include instructions for 
submission. Information about the portal will be made available via a 
tear sheet given to enrollees at the time they are enrolled in MPP. The 
MPP Disenrollment Request system URL (engage.dhs.gov/mpp) will also be 
searchable on the DHS.gov website.
    The public-facing website, which is being developed with assistance 
from the Department of Homeland Security Office of the Chief 
Information Officer (OCIO), will employ various cloud-based services 
(e.g., ServiceNow15 and Akamai16 for cloud security and content 
delivery) to effectively and efficiently manage the receipt, creation, 
assignment, tracking, and storage of the self-disclosure of the 
necessary information to start the MPP Disenrollment Request process. 
The website is hosted in the Federal Risk and Authorization Management 
Program (FedRAMP)-certified cloud and provides accessibility and 
functionality restrictions to define specific user roles through its 
ServiceNow infrastructure. Each user role has defined and limited 
access authority to view and edit data sets by Office of the Chief 
Information Officer master administrators.
    While the MPP Disenrollment Request system is under development, 
enrollees may submit their request for review via email at 
<a href="/cdn-cgi/l/email-protection#5419040406312521312720143c257a303c27"><span class="__cf_email__" data-cfemail="85c8d5d5d7e0f4f0e0f6f1c5edf4abe1edf6">[email protected]</span></a>. With the roll out of the MPP Disenrollment Request 
application, the email request process will be closed. This information 
collection does not have an impact on small businesses or other small 
entities.
    The lack of a public-facing platform to initiate requests for 
disenrollment from MPP could adversely impact DHS's ability to ensure 
that enrollments in MPP are consistent with DHS guidance and to timely 
respond to individual requests for disenrollment from MPP. In addition, 
the lack of a public-facing platform would reduce DHS's ability to 
systematically track and monitor these requests.
    A new Privacy Impact Assessment is in process titled ``Migrant 
Protection Protocols (MPP) Case Request System.'' Upon submission of 
the full 3-year approval, the PIA will be completed. The system is 
covered by an existing SORN: DHS/USCIS/ICE/CBP-001 Alien File, Index, 
and National File Tracking System of Records; and DHS/USCIS-007 
Benefits Information System.
    This is a new information collection.
    The Office of Management and Budget is particularly interested in 
comments which:
    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 
submissions of responses.

Analysis

    Agency: Department of Homeland Security (DHS).
    Title: Migrant Protection Protocols (MPP) Disenrollment Request 
System.
    OMB Number: 1601-NEW.
    Frequency: Annually.
    Affected Public: Public.
    Number of Respondents: 5,000.
    Estimated Time per Respondent: 20 Minutes.
    Total Burden Hours: 1,667.

Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2022-08508 Filed 4-20-22; 8:45 am]
BILLING CODE 9112-FL-P


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