Migrant Protection Protocols (MPP) Case Request System

ICR 202203-1601-002

OMB: 1601-0034

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2022-05-10
Supplementary Document
2022-05-09
Supplementary Document
2022-04-28
Supplementary Document
2022-04-28
Supporting Statement A
2022-04-28
Supplementary Document
2022-04-28
Supplementary Document
2022-04-28
Supplementary Document
2022-04-28
Supplementary Document
2022-04-27
Supplementary Document
2022-04-27
IC Document Collections
ICR Details
202203-1601-002
Received in OIRA
DHS/OS
Migrant Protection Protocols (MPP) Case Request System
New collection (Request for a new OMB Control Number)   No
Emergency 05/13/2022
05/10/2022
  Requested Previously Approved
6 Months From Approved
5,000 0
1,667 0
0 0

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 Case Request website.
This memorandum requests an emergency approval for the collection of information under the Paperwork Reduction Act (PRA) for the Department of Homeland Security (DHS) Migrant Protection Protocols (MPP) Case Request website, which will 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. Decisions whether to enroll or disenroll an individual from MPP are at DHS’s discretion, and this process does not create any obligation or private right of action enforceable in administrative or judicial proceedings. 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 Case Request website. The purpose of the public facing MPP Case 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 located in Attachment A. Because DHS is currently required to comply with the Texas v. Biden court order, it is vital that DHS implement the information collection as soon as possible. In accordance with the Paperwork Reduction Act (PRA) and the Office of Management and Budget’s (OMB) implementing regulations at 5 C.F.R. § 1320.13: (1) this information is necessary to the mission of the agency, (2) this information is necessary prior to the time periods established under PRA, (3) public harm is reasonably likely to result if normal clearance procedures are followed, and (4) an unanticipated event has occurred.

None
None

Not associated with rulemaking

87 FR 23879 04/21/2022
Yes

1
IC Title Form No. Form Name
Migrant Protection Protocols (MPP) Disenrollment Request System

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 5,000 0 0 5,000 0 0
Annual Time Burden (Hours) 1,667 0 0 1,667 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Miscellaneous Actions
No
Due to the court-ordered reimplementation of MPP, DHS requests emergency approval to create this new information collection to allow for enrollees to initiate a request for disenrollment from MPP should they believe they should not be included in the MPP program.

$546,878
No
    No
    Yes
No
No
No
No
Tyrone Huff 202 447-0106 [email protected]

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
05/10/2022


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