Supporting Statement
Application for Asylum and Withholding of Removal
(OMB No. 1615-0067)
A. Justification.
(1) The information provided on this form is used by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), and the Executive Office for Immigration Review (EOIR), a component of the Department of Justice (DOJ), to determine whether an alien applying for asylum and/or withholding of removal or deportation in the United States is classifiable as a refugee, and is eligible to remain in the United States. Section 208(b) of the Immigration and Nationality Act (INA), charges DHS and DOJ with establishing procedures whereby aliens may apply for asylum. Under 8 CFR 208.3 and 208.4, Form I-589, Application for Asylum and Withholding of Removal, is used to standardized the collection of information relevant to the asylum determination.
USCIS and EOIR use the data collected on the Form I-589 to determine eligibility of persons applying for asylum and for withholding of removal. Under section 208(a)(1) of the INA, any alien who is physically present in the United States, or at a land border or port of entry, may apply for asylum regardless of such alien’s status. In the first instance, a corps of professional asylum officers adjudicate the applications from aliens who are not subject to removal proceedings, or who have not yet been placed in removal proceedings. Immigration judges adjudicate asylum applications of individuals in removal proceedings. The form serves the purpose of standardizing the application and ensuring that applicants provide the required information necessary for assessing eligibility.
USCIS also uses the Form I-589 to serve as an alternate application for evidence of employment authorization for individuals granted asylum, eliminating their need to file a separate Form I-765, Application for Employment Authorization (OMB No. 1615-0040) with USCIS if, after being granted asylum, they wish to receive an Employment Authorization Document (EAD) containing both evidence of employment authorization and identity. The Form I-589 collects the same biographic information as that collected by the Form I-765. In cases where asylum is granted, the biographic information contained on the Form I-589 could also be used to generate the Employment Authorization Document (EAD).
Dual use of the form also benefits asylees and persons granted withholding of removal. They receive USCIS-issued evidence of identity and work authorization immediately after they obtain notice of decision to grant asylum, thus enabling them to promptly work and access any public benefits to which they may be entitled.
The use of Form I-589 provides the most efficient means for collecting and processing the required data. This form resides on the USCIS Web site and can be completed electronically but cannot be e-filed. However, USCIS has designated this form for e-filing under the Business Transformation Project.
(4) A review of the USCIS automated forms tracking system was accomplished and revealed no duplication of effort for this information collection.
(5) The collection of information does not have an impact on small businesses or other small entities.
(6) If the information were not collected, USCIS and DOJ would not be in compliance with section 208(b) of the INA that charges USCIS and DOJ to establish procedures whereby aliens are able to apply for asylum. This instrument facilitates the ability of aliens to apply for asylum as well as for withholding of removal under section 241(b)(3) of the INA. The use of a form, rather than permitting a free narrative, focuses the applicant on the specific details that are legally relevant, and ensures that all necessary elements are addressed. If this information were not collected, the adjudicator would be unable to prepare for the interview or hearing by reviewing relevant law and country conditions, and there would be no sworn, written record of the applicant’s claim. Because the applicant is required to come forward with his or her claim in a systematic and organized fashion, this form allows USCIS and DOJ to address a greater volume of applications and to concentrate efforts on approving meritorious claims.
(7) There are no special circumstances associated with this information collection.
(8) On November 30, 2010, USCIS published a 60-day notice in the Federal Register at 75 FR 74069. USCIS did not receive any comments. On March 8, 2011, USCIS also published a 30-day notice in the Federal Register at 76 FR 12751. USCIS has not received any comments in connection with this 30-day notice.
(9) USCIS do not provide payments or gifts to applicants in exchange for a benefit sought.
(10) There is no assurance of confidentiality. The system of record notice associated with this information collection is United States Citizenship and Immigration Services Benefits Information System, which was published in the Federal Register on September 29, 2008 at 73 FR 56596. The privacy impact assessment associated with this information collection is USCIS Benefits Processing of Applicants other than Petitions for Naturalization, Refugee Status, and Asylum.
(11) Certain questions on Form I-589 relate to topics of a sensitive nature such as race, religion, nationality, membership in a particular social group, or a person’s political opinion. However, these questions are necessary to help determine whether an applicant for asylum qualifies as a refugee, as that term is defined in section 101(a)(42) of the INA: a refugee is a person who is unable or unwilling to return to his or her country of nationality or last habitual residence, because of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Aside from some general questions, these issues are explored only to the degree that they are raised by the applicant's claim for protection as an asylee under section 208(a) of the INA, or for withholding of removal under section 241(b)(3) of the INA.
(12) Annual Reporting Burden:
a. Number of Respondents 63,138*
b. Number of Responses per each Respondent 1
c. Total Annual Responses 63,138
d. Hours per Response 12
e. Total Annual Reporting Burden 757,656
*(This figure is based on approximately 45,000 affirmative applications filed with USCIS, on average, over the last 5 fiscal years (of the 45,000 applications filed with USCIS, 31,500 (affirmative filings not granted by USCIS) are referred to EOIR. In addition, it is estimated that 18,138 defensive applications are filed directly with EOIR on average, over the same 5 year period.)
Annual Public Burden
The total annual reporting burden hours are 757,656. This figure was derived by multiplying the number of respondents (63,138) x (1) frequency of response x 12 hours per response.
There are no capital or start-up costs associated with this information collection. Any cost burdens to respondents as a result of this collection are identified in item 14. There are no fees associated with this information collection.
(14) Annualized Cost Analysis:
a. Printing Cost $ 53,036
b. Collection and Processing $80,840,016
c. Total Cost to Program $80,893,052
d. Fee Charge 0
e. Total Cost to Government $80,893,052
The estimated cost of the program to the Government is $80,893,052.
The cost for USCIS is $29,753,036. This figure is calculated by multiplying the estimated average number of respondents (45,000) x 16.5 hours (This figure includes the total time required to collect, process, and adjudicate information by the Asylum Division, Service Centers, and Trial Attorneys, x $40.00 (the suggested average hourly rate for clerical, Asylum Officer, Trial Attorney, and managerial time with benefits), plus the estimated annual overhead cost for printing, stocking, and distributing this form ($53,036).
The cost for EOIR is $51,140,016. This figure is calculated by:
Multiplying EOIR’s affirmative and defensive filings (49,638) x $582 (this cost figure represents the average cost for all affirmative (31,500) and defensive (18,138) filings completed by EOIR’s, Immigration Judges); and
Multiplying the number of cases transmitted for appeal with EOIR’s Board of Immigration Appeals (20,100**) x $1,107 (this cost figure represents the average cost for all appeals completed by EOIR’s, Board of Immigration Appeals).
**Of the affirmative (31,500) and defensive (18,138) filings adjudicated by EOIR’s Immigration Judges, approximately 20,100 cases are appealed to EOIR’s, Board of Immigration Appeals.
Public Cost
The estimated annual public cost is $22,646,337. This is based on the number of respondents 63,138 x 12 hours per response x $29.89 (average hourly rate).
(15) There is no increase or decrease in the annual burden hours for this information collection. There is no change to the information being collected.
DHS does not intend to employ the use of statistics or the publication thereof for this collection of information.
USCIS will display the expiration date for this information collection
DHS does not request an exception to the certification of this information collection.
B. Collection of Information Employing Statistical Methods.
Not Applicable.
In submitting this request for OMB approval, I certify that the requirements of the Privacy Act and OMB directives have been complied with including paperwork regulations, statistical standards of directives, and any other information policy directives promulgated under 5 CFR 1320.
_______________________________ ____________
Chief,
Regulatory Products Division,
Office of the Executive Secretariat,
U.S. Citizenship and Immigration Services,
Department of Homeland Security.
| File Type | application/msword |
| File Title | Supporting Statement |
| Author | INS |
| Last Modified By | Liana Miranda |
| File Modified | 2011-05-23 |
| File Created | 2011-05-23 |