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B-332324 1 (2020-07-13)

handle is hein.gao/gaobaebon0001 and id is 1 raw text is: cIAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332324 July 13, 2020 The Honorable Lindsey Graham Chairman The Honorable Dianne Feinstein Ranking Member Committee on the Judiciary United States Senate The Honorable Jerrold Nadler Chairman The Honorable Jim Jordan Ranking Member Committee on the Judiciary House of Representatives Subject: Department of Homeland Security: Asylum Application, Interview, and Employment Authorization for Applicants Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security (DHS) entitled Asylum Application, Interview, and Employment Authorization for Applicants (RIN: 1615-AC27). We received the rule on June 26, 2020. It was published in the Federal Register as a final rule on June 26, 2020. 85 Fed. Reg. 38532. The effective date of the rule is August 25, 2020. Id. The final rule will modify DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. According to DHS, the amendments will (1) reduce incentives for aliens to file frivolous, fraudulent, or otherwise non-meritorious asylum applications to obtain employment authorization or other non- asylum-based forms of relief such as cancellation of removal, and (2) discourage illegal entry into the United States. According to DHS, the changes will also reduce incentives for aliens to intentionally delay asylum proceedings in order to extend the period of employment authorization based on the pending asylum application and will simplify the adjudication process. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). It was published in the Federal Register as a final rule June 26, 2020. 85 Fed. Reg. 38532. However, as of July 13, 2020, receipt is not reflected by either House of Congress in the Congressional Record. According to a DHS official, the Senate received the rule on June 30, 2020, and the House of Representatives received the rule on June 29, 2020. See E-mail from Chief, Regulatory Coordination Division, USCIS, Office of Policy and Strategy, DHS, to Senior Staff Attorney, Appropriations Law Group, Office of General Counsel, GAO (Jun. 30, 2020, 6:30 PM EST). The rule has a stated effective date of

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