Write 3-5 sentences discussing whether the expansion of expedited removal should have gone through Notice and Commentbefore being implemented. You may want to consider the following questions: (1) Are you persuaded that the good cause exception to N&C applies? (in other words, that it would be impractical, unnecessary, or contrary to the public interest to go through N&C?); (2) Is DHS's "discretionary" request for comments after making the change effective an adequate substitute?

35410 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 /Notices Federal Register / Vol. 84, No. 141/ Tuesday, July 23, 2019/ Notices 35411 be provided relief or protection from posted on the Federal e-Rulemaking paroled into the United States, and who conditions for expedited removal were of continuous physical presence. Id. ess than two years. ICE estimates that removal. portal are available and accessible to the has not affirmatively shown, to the satisfied. Aliens determined by immigration a significant number of the aliens it DATES: This Notice, including the New public. All comments received will be satisfaction of an immigration officer, In 2004, the Secretary designated officers to be subject to expedited encounters in the interior likely would Designation, is effective on July 23, posted without change on https:// that the alien has been physically additional aliens for expedited removal removal nonetheless will receiv have been eligible for expedited removal 2019. Interested persons are invited to www.regulations.gov. Commenters present in the United States through a Federal Register notice, prompt review of that determination if had DHS used its discretion to exercise submit written comments on this Notice should not include personal information continuously for the 2-year period pursuant to which DHS officials could they claim under oath, after being its full statutory authority. Placing on or before September 23, 2019. such as Soc y Numbers, immediately prior to the date of the apply expedited removal to aliens warned of the penalties for perjury, that certain aliens apprehended in the ADDRESSES: You may submit comments, personal addresses, telephone numbers, determination of inadmissibility. . . ." encountered within 100 air miles of the they have been admitted for permanent interior of the United States in identified by Docket Number DHS- and email addresses in their comments INA section 235(b)(1)(A)(iii)(II), 8 U.S.C. border and within 14 days of their date residence, admitted as a refugee, granted expedited removal would allow ICE to 2019-0036 using the Federal e- s such information will become 225(b)(1)(A)(iii)(II). In other words, of entry regardless of the alien's method asylum, or are a U.S. citizen. INA more effectively use its limited Rulemaking Portal at https:// viewable by the public on the http:// Congress provided the Secretary, in his of arrival, as long as the other section 235(b) (1)(C), 8 U.S.C. detention resources. In FY 2018, the www.regulations.gov. See the "Public www.regulations.gov website. It is the sole and unreviewable discretion, the conditions for expedited removal were 225(b)(1) (C); 8 CFR 235.3(b) (5)(i). average time in DHS custody for aliens Participation and Request for commenter's responsibility to safeguard authority to apply expedited removal to satisfied. Designating Aliens for placed in expedited removal was 11.4 Comments" portion of the his or her information. aliens inadmissible under INA section Expedited Removal, 69 FR 48877 (Aug. B. DHS Need for the New Designation days. Conversely, for inadmissible SUPPLEMENTARY INFORMATION for further II. Background 212(a)(6)(C) or 212(a)(7), who had not 11, 2004) (the 2004 Notice, and, together In light of the ongoing crisis at the aliens encountered in the interior of the instructions on submitting comments been admitted or paroled and who with the 1997 Regulation and the 2002 southern border, the large number of United States and placed into full FOR FURTHER INFORMATION CONTACT A. DHS Statutory Authority Over could not prove that they have been Notice, collectively the Previous aliens who entered illegally and were removal proceedings, the average time Ihsan Gunduz, Policy Analyst, Office of Expedited Removal Proceedings continuously present in the United Designations); see also Eliminating apprehended and detained within the n DHS custody was 51.5 days. Under Policy, Department of Homeland Under section 235(b)(1) of the INA, 8 States for two years. Exception To Expedited Removal interior of the United States, and DHS's the New Designation, ICE will be able to Security, 202-282-9708. U.S.C. 1225(b)(1), DHS 1 may remove, In 1997, the Attorney General Authority for Cuban Nationals insufficient detention capacity both use expedited removal for certain aliens Encountered in the United States or along the border and the interior o who it arrests in the interior, which will SUPPLEMENTARY INFORMATION: without a hearing before an immigration promulgated a regulation applying judge, certain aliens arriving in the expedited removal to aliens arriving in Arriving by Sea, 82 FR 4902 (Jan. 17 the United States, DHS is issuing the likely result in those aliens spending I. Public Participation and Request for United States at a port of entry, and the United States at a port-of-entry and 2017). The 2004 Notice explained that New Designation to use more effectively less time in ICE detention than if they Comments certain other aliens (as designated b aliens interdicted in international or in the interest of focusing limited and efficiently its limited resources to were place The Department of Homeland the Secretary of Homeland Security and United States waters. Inspection and resources "upon unlawful entries that fulfill its mission to enforce the proceedings. That, in turn, will more Security (DHS) is requesting public as discussed moxe below) who are Expedited Removal of Aliens; Detention have a close spatial and temporal nexus immigration laws and ensure the quickly make available additional ICE security of the Nation's borders. See comments on the substance of this inadmissible under sections 212(a)(6)(C) and Removal of Aliens; Conduct of to the border," the 2004 Notice did not bed space, which can be used for Notice as a matter of discretion. A or 212(a)(7) of the INA, 8 U.S.C. Removal Proceedings; Asylum implement "the full nationwide INA section 103(a)(5), 8 U.S.C. dditional interior arrests and removals. discussed in Section D below, the 1182(a)(6)(C) or 1182(a)(7). Sections Procedures, 62 FR 10,312 (Mar. 6, 1997) expedited removal authority available to 1103(a)(5); 6 U.S.C. 202; Exec. Order Additionally, the Acting Secretary of Administrative Procedure Act's (APA) 212(a)(6)(C) and 212(a)(7) of the INA (the 1997 Regulation). The 1997 DHS." It did, however, expressly reserve 13767, Border Secu Security and Immigration Homeland Security has determined that notice-and-comment requirements do designate aliens as inadmissible if they Regulation also delegated the Attorney to DHS the option of "implementing the Enforcement Improvements, 82 FR 8793, the implementation of additional section 1 (Jan. 25, 2017) (Border not apply to this Notice, and the New lack valid documents that are necessary General's authority to the Commissioner full nationwide enforcement authority measures is a necessary response to the Designation is effective immediately for admission, or if they have ever of the former Immigration and through publication of Security E.O.) ("Border security is ongoing immigration crisis. Pres upon publication. However, DHS raudulently or will ully misrepresented Naturalization Service (INS) and subsequent Federal Register notice." critically important to the national U.S. Border Patrol and ICE lack a material fact to acquire admission to Designating Aliens for Expedited security of the United States. Aliens believes that by maintaining a dialogue established a mechanism for late sufficient detention capacity and who illegally enter the United States with interested parties, DHS can ensure the United States, including whether designations of aliens subject to Removal, 69 FR at 48879. resources to detain the vast majority of that it is even more effective in they are a U.S. citizen, or to procure a expedited removal. See id. The Attorney In recent years, increasing numbers of without inspection or admission present aliens DHS apprehends along the addressing the significant nationa or other i ation-related General "emphasized that a proposed aliens have been detained after being a significant threat to national security southern border. As a result, hundreds security and public safety interests documentation. Unaccompanied alien expansion of the expedited removal apprehended within the interior of the and public safety."). Fully exercising of thousands of aliens are released into United States, necessitating a change in DHS's statutory expedited removal implicated with respect to aliens children, as defined in 6 U.S.C procedures may occur at any time and the interior of the United States, may be driven either by specific the focus of limited government authority to include certain aliens who pending the outcome of their present in the United States who 279(g)(2), may not be placed in expedited removal under curren situations such as a sudden influx of resources to in the use of would not be subject to expedited immigration proceedings. However, by entered the United States without expedited removal proceedings for removal under the Previous more effectively utilizing ICE's limited admission or parole and have been aw.2 See 8 U.S.C. 1232(a)(5)(D). continuously present in the United The Secretary, in his "sole an illegal aliens motivated by political or Designations will provide to DHS economic unrest or other events or by a aliens apprehended within the U.S resources, more aliens apprehended interior, as well as near the border. officers a valuable tool to fulfill their States for at least 14 days but less than inreviewable discretion," may along the southern border likely will be two years after their entry regardless of designate certain aliens to whom the general need to increase the effectiveness of enforcement operations Aliens otherwise subject to expedited mission. able to be detained in ICE custody at one or more locations." See id. removal who indicate either an Fully implementing expedited where they can be more quickly where in the U.S. they are encountered, expedited rem al provisions may be intention to apply for asylum or a fear removal will help to alleviate some of processed and removed from the and those continuously present for up to applied. INA section 235(b)(1)(A)(iii)(1), In 2002, the Commissioner of the INS of persecution or torture will be given the burden and capacity issues currently country than if they had been released 14 days who are encountered more than 8 U.S.C. 1225(b)(1)(A)(iii) (I); 8 CFR invoked this authority to designate as further review by an asylum officer faced by DHS and DOJ by allowing DHS into the interior of the United States. 100 miles from a land border, while at 235.3(b)(1)(ii). The statute provides that the Secretary may apply (by eligible for expedited removal aliens ncluding an opportunity to establish a o remove certain aliens encountered in The New Designation will also allow the same time continuing to ensure designation) expedited removal to any who arrived in the United States by sea "credible fear," and thus potential the interior e quickly, as opposed to appropriate procedural safeguards for alien "who has not been admitted or were not paroled or admitted into the ICE to place into expedited removal eligibility for asylum. INA section placing those aliens in more time ertain aliens that cross the border ffected individuals. United States, and "who have not been 235(b)(1)(A)(i), 8 U.S.C. 1225(b)(1)(A)(i); consuming removal proceedings. We encourage commenters to submit physically present in the United States 8 CFR 235.3(b)(4). Further, an alien ndeed, many of the aliens previously illegally but evade apprehension due to vulnerabilities in border operations comments through the Federal e- continuously for the two-year period otherwise subject to expedited removal encountered in the interior of the Rulemaking Portal at https:// resulting from U.S. Border Patrol's lack of the Homeland Security Act of 2002 (H prior to the determination of is "given a reasonable opportunity to United States likely would have been Law 107-296, 116 Stat. 2135, any reference to the inadmissibility under" the Notice. f sufficient resources. www.regulations.gov. Please follow the establish to the satisfaction of the eligible for expedited removal under website instructions for submitting torney General in a provision of the live Additionally, immigration courts ing functions that were transferred from the Notice Designating Aliens Subject to examining immigration officer that he or this Notice. In Fiscal Year (FY) 2018, nationwide are experiencing a historic comments. If you cannot submit your Attorney General or other Department of Justice Expedited Removal Under Section she was admitted or paroled into the 37% (20,570) of ICE's 54,983 total comments using the Federal e- he HSA "shall be deeme backlog of removal cases, and non- 235(b)(1)(a)(iii) of the Immigration and United States." 8 CFR 235.3(b)(6). interior encounters, with entry dates, detained cases are taking years to Rulemaking Portal, please contact the to the Secretary" of Homeland Security. Se U.S.C. 557 (2003) (codifying HSA, tit. XV, sec. Nationality Act, 67 FR 68923 (Nov. 13, Aliens who have not been admitted or were of aliens who had been present in complete. In June 2019, EOIR reported person in the FOR FURTHER INFORMATION 517); 6 U.S.C. 542 note; 8 U.S.C. 1551 note. 2002) (the 2002 Notice). Under the 200 paroled and who are subject to the United States for less than two a total of 909,034 pending immigration CONTACT section of this notice fo 2 In certain limited circumstances, an Notice, immigration officers could apply expedited removal have the burden of years. Through March 30, 2019, 39% cases. By contrast, there were fewer than alternate instructions. ompanied alien chil ho is a nation expedited removal to aliens proving that they are not inadmissible (6,410) of U.S. Immigration and 168,000 cases pending at the end of Comments received by means other abitual resident of a contiguous country (1.e., encountered anywhere in the United and satisfy the continuous physical Customs Enforcement's (ICE) 15,328 Fiscal Year 2004 when DHS exercised than those listed above or comments a) may be permitted to withdraw States for up to two years after the alien presence requirement. 8 CFR total interior encounters, with entry its discretion to apply expedited received after the comment period has arrived in the United States, as long as 235.3(b)(1)(ii). Any absence from the dates, in FY2019 were aliens who had removal to certain aliens encountered closed will not be reviewed. Comments without a removal hearing. See 8 U.S.C. 1232 (a) ( 2 ). the alien arrived by sea and the other United States serves to break the period been present in the United States for within 100 miles of the border who35412 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019/ Notices Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices 35413 could not establish to the satisfaction of The statute places no geographic aliens apprehended in the United by statute and regulation, any alien who Designations, and consistent with 235(b)(1)(A)(iii)(I), 8 U.S.C. an immigration officer that they have limitation on the application of States. And it will further Congress's falls within the New Designation, who mplementing regulations at 8 CFR 225(b)(1)(A)(iii)(1), that the Secretary been physically present in the United expedited removal. DHS has anecdotal purpose for creating expedited removal is placed in expedited removal, and 235.3(b) (1) (1i), this designation is may modify the scope of expedited States continuously for the previous 14 evidence, moreover, that many aliens procedures, which was "to expedite the who indicates an intention to apply for effective without prior notice and removal under section 235(b)(1)(A)(iii) days. The current number of pending who have been smuggled into the removal from the United States of aliens asylum or expresses a fear of comment or a delayed effective date. at any time," such designation "shall immigration cases represents a United States hide in "safe houses" that who indisputably have no authorization persecution or torture or a fear of return See, e.g., 67 FR 68923, 68925 (2002 become effective upon publication of a substantial increase of the number of are located more than 100 miles from to be admitted to the United States to his or her country, will be Notice); 69 FR 48877, 48880 (2004 notice in the Federal Register." 8 CFR cases pending completion in 2004, the nearest land border. For instance, in . . ." H.R. Rept. 104-828 at 209 interviewed by an asylum officer who Notice); 82 FR 4769, 4769 (2017 235.3(b)(1)(ii) (noting that such notwithstanding the 2004 Notice. 2019, ICE conducted a "knock and talk" (1996). Accordingly, immigration will determine whether the alien has a elimination of exception for Cuban designation where appropriate "shall Moreover, the non-detained of a safe house in Roswell, New Mexico, officers may now use expedited removal credible fear of persecution or torture. nationals arriving by air); 82 FR. 4902, become effective immediately upon alien's removal proceeding has been which is more than 100 miles from the authority not only for those individuals See INA section 235(b)(1)(B)(v), 8 U.S.C. 4902 (2017 elimination of exception for issuance"). Accordingly, it is pending for more than two years before nearest land border, and encountered 67 apprehended at or near the border, bu 1225(b)(1)(B)(v); 8 CFR 235.3(b)(4), Cuban nationals encountered in the ppropriate to publish such designation an immigration judge. That backlog illegal aliens, resulting in arrests and also for those individuals who evade 208.30. DHS expects to continue to use United States or arriving by sea). The effective immediately, without prior includes many cases involving aliens numerous charges. In 2018, ICE detection at the border and are the form I-867A/B, which includes rulemaking procedures of the APA do otice and comment. who were encountered by an executed a search warrant at a safe apprehended within two years questions officers must ask with respect not apply to th tice, because immigration officer during the two-year house in San Antonio, Texas, during an thereafter anywhere within the United to fear of return. Immigration officers Indeed, as in the cases of the Previous delaying the New Designation's extortion attempt tied to a human States. are trained to be alert for indications implementation to allow public notice Designations, DHS is concerned that period after they illegally entered the delayed implementation could lead to a United States, but who were not covered smuggling event, resulting in the rescue by a Previous Designation. DHS expects of three victims and arrests and charges C. Implementation Considerations that the alien may be afraid to return to and comment would be impracticably, surge in migration across the southern his or her country. See INA section unnecessary, and contrary to the public border during a notice-and-comment hat the New Designation will help against the subjects with alien As in the case of the Previous 235(b)(1) (E), 8 U.S.C. 1225(b)(1)(E).5 interest. Cf. 5 U.S.C. 553(b)(3)(B) and mitigate additional backlogs in the muggling. Designations, immigration officers Aliens that express a fear of return are (d) (3). period. See 67 FR 68,924, 68,925; 82 FR 4902, 4904. "Such a surge would immigration courts and will reduce the Under the Previous Designations, generally have broad discretion to apply referred for an interview with an asylum Implementation of the New threaten national security and public significant costs to the government DHS officers could not apply expedited expedited removal to individuals officer. INA section 235(b)(1)(A) (ii); 8 Designation is exempt from notice-and- associated with full removal removal to those individuals, thus covered under the New Designation. See U.S.C. 1225(b)(1)(A)(ii); 8 CFR comment requirements, because public safety by diverting valuable Government proceedings before an immigration limiting the availability of an important Matter of E-R-M- & L-R-M-, 25 1&N 235.3(b)(4). Asylum officers determining notice and comment and the delay resources from counterterrorism and homeland security responsibilities. judge, including the costs of a longer authority that Congress has granted to Dec. 520, 523 (BIA 2011) (holding that that an alien has or has not established attendant thereon would be detention period and government DHS for quickly and efficiently language in INA section 235(b)(1)(A)(i) a credible fear are to provide a written mpracticable, unnecessary, and surge could also have a destabilizing representation in those proceedings. removing certain inadmissible aliens. does not limit DHS's discretion to place record of the factual basis for their contrary to the public interest. See 5 effect on the region, thus weakening the Under this Notice, DHS anticipates that aliens amenable to expedited removal determination. See INA sections U.S.C. 553(b)(B) and (d) (3). Congress security of the United States and DHS acknowledges that it will need to devote certain additional resources to this broader use of expedited removal into removal proceedings under INA 235(b)(1)(B)(iii) (II), 8 U.S.C. explicitly authorized the Secretary of threatening its international relations implement this Notice, including by orders will reduce incentives not only to section 240). DHS recognizes that the 1225(b) (1)(B)(iii) (II). Homeland Security to designate Additionally, a surge could result in making credible fear determinations for enter unlawfully but also to attempt to circumstances of certain aliens, If an asylum officer determines that categories of aliens to whom expedited significant loss of human life." 82 FR travel quickly in including aliens with serious medical the alien has established a credible fear removal may be applied on a case-by- 1902, 4904. certain aliens placed in expedited removal proceedings. Nonetheless, DHS United States in an effort to avoid the conditions and aliens who have of persecution or torture, the alien will case basis, and made clear that "[sluck In addition, DHS could no anticipates that the mitigation of application of expedited removal. It will substantial connections to the United be referred to an immigration judge for designation shall be in the sole and meaningfully implement INA section also accelerate the processing of covered States, for example, may weigh against further consideration of the alien's unreviewable discretion of the Secretary 235(b)(1)(A)(iii)(1), which establishes additional backlogs in the immigration courts, the reduction of costs associated inadmissible aliens, because expedited the discretionary use of expedited application for lum. INA section and may be modified at any time." INA that the Secretary's designation "may be removal does not entail merits hearings removal proceedings.3 Accordingly, in 235(b)(1)(B)(ii), 8 U.S.C. section 235(b) (1) (A) (iii)(I), 8 U.S.C. modified at any time," if such with placing aliens in full removal modification is not effective until after proceedings, and the ability to use before an immigration judge or appeals appropriate circumstances, and as an 1225(b)(1)(B) (ii); 8 CFR 208.30, 235.6. If 1225(b)(1)(A)(iii)(1). As such, the limited resources and detention to the Board of Immigration Appeals exercise of pi cutorial discretion, the officer determines that the alien has Secretary's designation is not required notice and comment rulemaking. The except upon positive fear immigration officers, in their sole and not established a credible fear of o go through notice-and-comment New Designat essary to remove capacity more effectively outweighs any additional costs to the government determinations. Therefore, designating unreviewable discretion, may permit rulemaking. Indeed, the application of from the United States inadmissible aliens encountered anywhere in the persecution or torture, the alien may Under this Notice, the Acting certain aliens otherwise eligible for request de novo review by an APA's notice-and-comment aliens not covered by a Previous United States, who are not subject to a placement into ex pedited removal immigration judge of the officer's equirements would defeat a major Designation who are encountered less Secretary is designating as eligible for expedited removal: (1) Aliens who di Previous Designation, will help to proceedings to return voluntarily negative credible fear determination. purpose of the expedited removal than two years after entering the United the Secretary to States without admission or parole. not arrive by sea, who are encountered ensure efficient removal from the withdraw their applications for See INA section 235(b)(1)(B)(iii)(III), 8 provision: To United States of aliens who canno anywhere in the United States more admission, or be placed in full removal U.S.C. 1225(b)(1)(B)(iii)(III); 8 CFR authorize immigration officers to Although DHS believes that pre- establish a credible fear of persecution promulgateon notice-and-comment than 100 air miles from a U.S. proceedings under section 240 of the 208.30(g), 1003.42, 1208.30 respond rapidly, effectively, and r torture. procedures are neither statutorily international land border, and who have DHS has determined that the volume Act, in lieu of expedited removal. DH 1235.3(b)(4). flexibly to border security and public mandated nor in the interests of th been continuously present in the United of illegal entries, and the attendant risks plans to issue guidance to immigration Similarly, all aliens placed in safety challenges, including urgent situations such as the present high United States with respect to this States for less than two years; and (2) to national security and public safety officers to guide the exercise of expedited removal as a result of the discretion in referring aliens for New Designation who claim lawful number of aliens unlawfully entering Notice, DHS is interested in aliens who did not arrive by sea, who d in receiving presented by these illegal entries, are encountered within 100 air miles expedited removal. permanent resident, refugee, or asylee and remaining in the United States and comments from the public on all aspects warrants this immediate The expedited removal procedures status, or U.S. citizenship will have the the lack of sufficient DHS resources to of this Notice. DHS believes that by from a U.S. international land border, implementation of DHS's full statutory deal with these aliens. Consistent with maintaining a dialogue with interested and who have be continuously required under existing law and benefit of the same procedural authority over expedited removal. This present in the United States for at least Notice will ensure that those regulations are applicable to the aliens safeguards that apply in all expedited he mandate of INA section parties, DHS may be better positioned to ensure that it is even more effective in 14 days but for less than two years. The designated by this Notice.4 As required individuals present in the United States removal proceedings. See INA section 6 8 CFR 235.3(b)(1)(ii) (providing that "[the combating and deterring illegal entry, designation under the 2004 Notice 242(e)(2); 8 CFR 235.3(b); 1235.3(b)(5) without being admitted or paroled 3 Trump v. Int'l Refugee Assistance Project, 582 Commissioner shall have the sole discretion while at the same time providing for restricting expedited removal to those particularly those who evade No. 16-1436, slip op. at 11 (noting that D. This Notice Is Immediately Effective apply the provisions of section 235(b) appropriate procedural safeguards for encountered within 100 miles of the apprehension at the southern border, are foreign nationals abroad who have no to the Un no have no connection In keeping with the practice followed at any time, to any class of aliens described in this section" and that this "designation shall become the individuals designated. border makes insufficient use of the quickly and efficiently removed (except such a denial does not "impose any legally relevant in announcing the Previous ffective upon publication of a notice in the Federal authorities Congress has granted to if they have demonstrated a credible ardship" on the foreign nationals themselves). gister" as well as that, "if the Commissioner III. Notice of Designation of Aliens address the current immigration crisis, fear of persecution or torture). DHS * Under existing law, aliens wishing to apply fo the authorities and show good cause for their illegal determines, in the exercise of discretion, that the Subject To Expedited Removal the large number of aliens illegally expects that the full use of expedited asylum are required by statute to do so within one ntry or presence"). caused by publication would adversely affect the interests of the United States or the effective Pursuant to section 235(b)(1)(A)(iii) of present in the United States, insufficient removal statutory authority will year of entering the United States. INA section 5 As the New Designation will result in greater enforcement of the immigration laws, the the Immigration and Nationality Act DHS resources, and the backlog of strengthen national security, diminish )(2)(B), 8 U.S.C. 1158(a)(2)(B). See also use of expedited removal by ICE immigration removal cases before immigration judges the number of illegal entries, and Convention relating to the Status of Refugees, art. officers, ICE will also develop and deploy updated Commissioner's designation shall become effective immediately upon issuance, and shall be published (INA) and 8 CFR 235.3(b) (1) (ii), I order 31(1), July 28, 1951, 189 U.N.T.S. 137, 174 (obliging training on the use of this authority, including in my sole and unreviewable discretion, and the Board of Immigration Appeals. otherwise ensure the prompt removal of refugees to "present themselves without delay to in the Federal Register as soon as practicable proper referral of aliens for credible fear screening. thereafter" (emphasis add as follows:35414 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019/Notices (1) Except as otherwise expressly designation who claims lawful Kenneth Rogers at Kenneth. W.Rogers@ provided, the Department of Homeland permanent resident, refugee, or asylee ud.gov or telephone 202-402-4396. Security may place in expedited status, or U.S. citizenship will be This is not a toll-free number. Persons removal any or all members of the reviewed in accordance with the with hearing or speech impairments following class of aliens (other than procedures provided in 8 CFR 235.3(b) may access this number through TTY by unaccompanied alien children as and 8 CFR 1235.3(b). calling the toll-free Federal Relay defined in 6 U.S.C. 279(g)(2)) as (4) This Notice applies to aliens Service at (800) 877-8339. determined by an immigration officer: described in paragraph (1) on or after Copies of available documents Aliens who are inadmissible under uly 23, 2019. submitted to OMB may be obtained sections 212(a)(6)(C) or (7) of the INA, (5) This Notice does not supersede, from Ms. Pollard. who are physically present in the abrogate, or amend or modify any of the SUPPLEMENTARY INFORMATION: This United States without having beer Previous Designations, which shall remain in full force and effect in notice informs the public that HUD is admitted or paroled following accordance with their respective terms. seeking approval from OMB for the inspection by an immigration officer at information collection described in a designated port of entry, and who Signed at Washington, DC, this 19th day of Section A. either (a) did not arrive by sea, are july 2019. encountered by an immigration officer Kevin K. McAleenan A. Overview of Information Collection anywhere in the United States more Acting Secretary of Homeland Security. Title of Information Collection: than 100 air miles from a U.S. [FR Doc. 2019-15710 Filed 7-22-19; 8:45 am] Application for Community Compass international land border, and have not BILLING CODE 9110-9M- Technical Assistance and Capacity been physically present in the United Building Program Notice of Funding States continuously for the two-year Availability (NOFA). period immediately prior to the date of the determination of inadmissibility, or DEPARTMENT OF HOUSING AND OMB Approval Number: 2506-0197. (b) did not arrive by sea, are URBAN DEVELOPMENT Type of Request: Extension. Form Number: SF-424, SF424CB, SF- encountered by an immigration officer [Docket No. FR-7012-N-03] 424CBW, SF-425, SF-LLL, HUD-2880, within 100 air miles from a U.S. 60-Day Notice of Proposed Information HUD-50070, HUD-XXX, HUD-XXX, international land border, and have been physically present in the United Collection: Application for Community HUD-XXX, HUD-XXX, HUD-XXX, Compass TA and Capacity Building HUD-XXX, and Grants.gov Lobbying States continuously at least 14 days but Program NOFA and Awardee Form Certification. less than two years immediately prior to Description of the need for the the date of the determination of Reporting information and proposed use: inadmissibility. Each alien placed in expedited removal under this AGENCY: Office of Community Planning Application information is needed to and Development, HUD. determine competition winners, i.e., the designation bears the affirmative burden ACTION: Notice. technical a e providers best able to show to the satisfaction of an to develop efficient and effective immigration officer t hat the alien has SUMMARY: HUD is seeking approval from programs and projects that increase the been present in the United States the Office of Management and Budget supply of affordable housing units, continuously for the relevant period OMB) for the information collection prevent and redu This designation does not apply to melessness, described below. In accordance with the improve data collection and reporting, aliens who arrive at U.S. ports of entry, Paperwork Reduction Act, HUD is because those aliens are already subject and use coordinated neighborhood and requesting comment from all interested to expedited removal. Nor does this community development strategies to parties on the proposed collection of revitalize a their designation apply to or otherwise affect information. The purpose of this notice communities. Additional information is aliens who satisfy the expedited is to allow for 60 days of public removal criteria set forth in any of the needed during the life of the award from comment. previous designations. See 82 FR 4902, the competition winner, i.e., the 69 FR 48877; 67 FR 68923 (collectively, DATES: Comments Due Date: September technical assistance providers to fulfill 23, 2019. the administrative requirements of the the Previous Designations). (2) Any alien who is placed ADDRESSES: Interested persons are ward. expedited removal under this invited to submit comments regarding Application/Pre-Aware designation who indicates an intention this proposal. Comments should refer to to apply for asylum or who expresses a the proposal by name and/or OMB Respondents (i.e., affected public): fear of persecution or torture, or a fear Control Number and should be sent to: For profit and non-profit organizations. of return to his or her country, will be Colette Pollard, Reports Management Estimated Number of Respondents: interviewed by an asylum officer to Officer, QDAM, Department of Housing determine whether such alien has a and Urban Development, 451 7th Street Estimated Number of Responses: 60. Frequency of Response: 1. credible fear as defined in section SW, Room 4186, Washington, DC Average Hours per Response: 118.14. 235(b)(1)(B)(v) of the INA, 8 U.S.C. 20410-5000; telephone 202-402-3400 Application/Pre-Award Total 1225(b)(1)(B)(v). If the asylum officer (this is not a toll-free number) or email Estimated Burden: 7,088.40. determines that the alien has it Colette.Pollard@hud.gov for a copy of established a credible fear, the alien will the proposed forms or other available Post-Award be referred to an immigration judge for information. Persons with hearing o Estimated Number of Respondents/ further consideration of his or her speech impairments may access this Awardees: 30. application for asylum in proceeding number through TTY by calling the toll- Work Plans: 10 per year/awardee. under section 240 of the INA, 8 U.S.C. free Federal Relay Service at (800) 877- 1229a. 8339. Average Hours per Response: 18. Reports: 4 per year/awardee. (3) Any alien who is placed in FOR FURTHER INFORMATION CONTACT: Average Hours per Response: 6. expedited removal under this Kenneth Rogers, Senior CPD Specialist, Recordkeeping: 12 per year/awardee.Federal Register / Vol. 84, No. 141/ Tuesday, July 23, 2019 /Notices 35409 CBP regulations for the purposes of period expires. A proposed or paroled into the United States, and conducting a test program or procedure discontinuance of a pilot participant's who have not affirmatively shown, to designed to evaluate the effectiveness of privileges will not take effect unless the the satisfaction of an immigration new technology or operational appeal process under this paragraph has officer, that they have been physically procedures regarding the processing of been concluded with a written decision present in the United States passengers, vessels, or merchandise. dverse to the pilot participant. continuously for the two-year period IV. Privacy ases of willfulness or those in immediately preceding the date of the which public health, interest, or safety CBP will ensure that all Privacy Act so requires, the Director, Intellectual determination of inadmissibility. requirements and applicable policies are Property Rights and E-Commerce Presently, immigration officers ca adhered to during the implementation Division, Office of Trade, may apply expedited removal to aliens of this pilot. encountered anywhere in the United immediately di e the pilo participant's privileges upon writter States for up to two years after the alien V. Paperwork Reduction Act notice to the pilot participant. The arrived in th d States, provided The Paperwork Reduction Act (PRA) notice will contain a description of the that the alien arrived by sea and the of 1995 (44 U.S.C. 3507(d)) requires that other conditions for expedited removal CBP consider the impact of paperwork immediate action. The pilot participant are satisfied. For aliens who entered the and other information collection will be offered the opportunity to appeal United States by crossing a land border, burdens imposed on the public. The the decision within 10 calendar days of the Secretary of Homeland Security has PRA applies to collections of receipt of the written notice providing exercised his discretion under the INA information imposed on "ten or more for immediate discontinuance. The to permit the use of ex of expedited removal persons." This pilot will initially appeal of this determination must b if the aliens were encountered by an include fewer than ten participants and submitted to the Executive Director, immigration officer within 100 air miles as such will not require an OMB control Trade Policy and Programs, Office of of the United States international land number. If CBP expands the pilot to Trade, by emailing e- border and were continuously present include ten or more persons, CBP will commercesmallbusinessbranch@ in the United States for less than 14 adhere to the requirements of the PRA. bp.dhs.gov. lays immediately prior to that encounter. The INA grants the Secretary VI. Misconduct Under the Pilot The immediate discontinuance will remain in effect during the appeal of Homeland Security the "sole and A pilot participant may be subject to period. The Executive Director, Trade unreviewable discretion" to modify at civil and criminal penalties, Policy and Programs, Office of Trade, any time the discretionary limits on the administrative sanctions, liquidated will issue a decision in writing on the scope of the expedited removal damages, or discontinuance from discontinuance within 15 working days designation. The Acting Secretary of participation in the Section 321 Data after receiving a timely filed appeal Homeland Security is exercising his Pilot for any of the following: from the pilot participant. If no timely statutory authority through this Notice (1) Failure to follow the rules, terms, appeal is received, the notice becomes to designate for expedited removal the and conditions of this pilot; the final decision of the Agency as of following categories of aliens not (2) Failure to exercise reasonable care the date that the appeal period expires. previously designated: (1) Aliens who in the execution of participant Date: July 18, 2019. did not arrive by sea, who are obligations; or encountered anywhere in the United (3) Failure to abide by applicable laws Robert E. Perez, States more than 100 air miles from a and regulations that have not been Deputy Commissioner, U.S. Customs and U.S. international land border, and who waived. Border Protection. have been continuously present in the If the Director, Intellectual Property [FR Doc. 2019-15625 Filed 7-22-19; 8:45 am] United States for less than two years; Rights and E-Commerce Division, Office BILLING CODE 9111-14-P and (2) aliens who did not arrive by sea, of Trade, finds that there is a basis for who are encountered within 100 air discontinuance of pilot participation privileges, the pilot participant will be DEPARTMENT OF HOMELAND miles from a U.S. international land border, and who have been provided a written notice proposing the SECURITY continuously present in the United discontinuance with a description of the States for at least 14 days but for less facts or conduct warranting the action. Office of the Secretary than two years. Therefore, the The pilot participant will be offered the [DHS Docket No. DHS-2019-0036] designation in this Notice (the New opportunity to appeal the decision in Designation) harmonizes the writing within 10 calendar days of Designating Aliens for Expedited authorization for aliens arriving by land receipt of the written notice. The appeal Removal with the existing authorization for of this determination must be submitted AGENCY: Office of the Secretary, aliens arriving by sea. The effect of that to the Executive Director, Trade Policy Department of Homeland Security. change will be to enhance national and Programs, Office of Trade, by ACTION: Notice. security and public safety-while emailing e-commercesmallbusines reducing government costs-by branch@cbp.dhs.gov. SUMMARY: This Notice (this Notice) facilitating prompt immigration The Executive Director, Trade Policy enables the Department of Homeland determinations. In particular, the New and Programs, Office of Trade, will Security (DHS) to exercise the full Designation will enable DHS to address issue a decision in writing on the remaining scope of its statutory more effectively and efficiently the larg proposed action within 30 working days authority to pl expedited removal, volume of aliens who are present in the after receiving a timely filed appeal with limited exceptions, aliens United States unlawfully, without from the pilot participant. If no timely determined to be inadmissible under having been admitted or paroled into appeal is received, the proposed notice sections 212(a)(6)(C) or (a)(7) of the the United States, and ensure the becomes the final decision of the Immigration and Nationality Act (INA prompt removal from the United States Agency as of the date that the appeal or the Act) who have not been admitted of those not entitled to enter, remain, or