Federal Register Notice Migrant Protection Protocols

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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices
are retained electronically or in paper
format.
Applicants for REAL ID licenses and
identification cards generally submit
their documentation and information inperson at a state DMV office. During the
application process the state will review
and make copies of an applicant’s
information, collect the completed
application, take the applicant’s
photograph, and obtain a declaration
that the information presented is true
and correct. Although this transaction
generally occurs in-person, DHS has
provided guidance authorizing states to
allow applicants to pre-submit identity
and lawful status source documents
through a secure electronic process in
advance of an in-person DMV visit at
which time the applicant would
physically present those same
documents for authentication and
verification by DMV personnel. States
that utilize this process have indicated
that it helps to ensure an applicant has
the correct information and reduces
customer wait times by allowing the
state to electronically copy the
information in advance of the visit.
In December 2020, Congress enacted
the REAL ID Modernization Act, which
includes provisions that would allow
states to accept applicant information
through electronic transmission
methods following the DHS issuance of
regulations and state certification that
they comply with those regulations.
DHS is in the process of developing
regulations to implement this provision,
which when implemented by the state
could help to reduce the burden’s
associated with an in-person DMV visit
to obtain a REAL ID compliant license
or identification card.
The information collection discussed
in this analysis applies to applicant’s for
REAL ID licenses and identification
cards. Therefore, it is DHS’s belief that
the information collection does not have
a significant impact on a substantial
number of small businesses.
Without the presentation, verification,
and retention of applicant identity and
lawful status documentation and
information, states would be unable to
comply with REAL ID requirements. As
a consequence, individuals would be
unable to use their state-issued driver’s
license or identification card for REAL
ID official purposes.
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;

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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: REAL ID Applicant Information
and Documentation.
OMB Number: 1601–NEW.
Frequency: Annually.
Affected Public: Public.
Number of Respondents: 89,958,000.
Estimated Time per Respondent: 2.42.
Total Burden Hours: 34,887,000.
Robert Dorr,
Acting Executive Director, Business
Management Directorate.
[FR Doc. 2022–08509 Filed 4–20–22; 8:45 am]
BILLING CODE 9112–FL–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket Number DHS–2022–0020]

Agency Information Collection
Activities: Migrant Protection
Protocols (MPP) Disenrollment
Request System
Department of Homeland
Security (DHS).
ACTION: 5-Day notice and request for
comments.
AGENCY:

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:
Æ Federal eRulemaking Portal: http://
www.regulations.gov. Please follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
SUMMARY:

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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.
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 goodfaith 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

SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 87, No. 77 / Thursday, April 21, 2022 / Notices

jspears on DSK121TN23PROD with NOTICES1

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 selfdisclosure is listed below.
Submission Information
Attorney or Representative Email
lllllllllllllllllll
Attorney or Representative Name
lllllllllllllllllll
Attorney or Representative Phone
Number
lllllllllllllllllll
Attorney or Representative Country
Code
lllllllllllllllllll
A #Number
lllllllllllllllllll
Best Phone Number
lllllllllllllllllll
E-mail Address
lllllllllllllllllll
First, Middle, and Last Name
lllllllllllllllllll
Date of Birth
lllllllllllllllllll
Country of Birth
lllllllllllllllllll
County of Citizen Citizenship
lllllllllllllllllll
Where are you (MPP enrolled person)
located now? (Country, City, State)

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lllllllllllllllllll
Preferred Language
lllllllllllllllllll
Reason for MPP review
lllllllllllllllllll
Preparer Name
lllllllllllllllllll
Preparer Phone Number
lllllllllllllllllll
Preparer Email
lllllllllllllllllll
Preparer Relationship to Enrollee
lllllllllllllllllll
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 cloudbased 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 [email protected]. 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

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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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