Asylum EAD Vacatur Emergency Memo

U.S. Citizenship and Immigration Services
Office of Information Technology
Camp Springs, MD 20588-0009

Decision Memorandum
TO:

Dominic Mancini
Deputy Administrator,
Office of Information and Regulatory Affairs
Office of Management and Budget

THROUGH: Eric Hysen
ERIC N
Chief Information Officer
Department of Homeland Security HYSEN
FROM:

Digitally signed by ERIC
N HYSEN
Date: 2022.07.13
10:27:25 -04'00'

Samantha Deshommes
Chief, Regulatory Coordination Division SAMANTHA L
DESHOMMES
USCIS Office of Policy and Strategy

Digitally signed by
SAMANTHA L DESHOMMES
Date: 2022.06.17 07:52:13
-04'00'

SUBJECT: Request for Office of Management and Budget Emergency Clearance of
Information Collection Requests Related to the Vacatur of the Final Rule Titled
Asylum Application, Interview, and Employment Authorization for Applicants (RIN
1615-AC27)
Purpose: USCIS is requesting emergency approval of the revision of two information
collections under 5 CFR 1320.13: Form I-589, Application for Asylum and for Withholding of
Removal (1615-0067) and Form I-765, Application for Employment Authorization (1615-0040).
Background: On June 26, 2020, after going through notice and comment rulemaking, the
Department of Homeland Security (DHS) issued a final rule titled Asylum Application,
Interview, and Employment Authorization for Applicants. 1 On February 7, 2022, in
Asylumworks et al. v. Mayorkas et al., the U.S. District Court for the District of Columbia
vacated the Asylum Application, Interview, and Employment Authorization for Applicants rule.
DHS did not appeal the decision and allowed the 60-day period in which to note an appeal
expire.

1

Asylum Application, Interview, and Employment Authorization for Applicants, 85 FR 28532 (June 26, 2020).

Subject: Request for Emergency Office of Management and Budget Paperwork Reduction
Act Clearance – Form I-589, Application for Asylum and for Withholding of
Removal – 1615-0067 and Form I-765, Application for Employment
Authorization (1615-0040) – 1615-0040
Page 2
DHS is moving to fully comply with the court’s decision vacating the Asylum Application,
Interview, and Employment Authorization for Applicants rule. 2 Therefore, Form I-589 and Form
I-765 need to be amended to remove any changes promulgated by the Asylum Application,
Interview, and Employment Authorization for Applicants rule. DHS is seeking emergency
processing to reverse the changes made by that rule in order to fully comply with the court’s
vacatur of the Asylum Application, Interview, and Employment Authorization for Applicants
rule.
Discussion: Pursuant to 44 U.S.C. 3507(j)(1)(B) and 5 CFR 1320.13, DHS is requesting that the
Administrator approve modifications to the instruments under the impacted information
collections. USCIS certifies that the requirements of 5 CFR 1320.13(a)(1) are met and that:
•
•

The subject collections of information are needed immediately and are essential to the
mission of the agency; and
The agency cannot reasonably comply with the normal collection procedures because the
use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information or is reasonably likely to cause a court ordered deadline to be
missed.

If DHS were to follow the normal information collection clearance procedures, DHS would be
unable to fully comply with the court’s vacatur order. The continued use of the form with the
invalid requirements would confuse the regulated public regarding the information collection
requirements for applications for employment authorization from asylum applicants.
USCIS greatly appreciates the timely consideration of this request.

DHS plans to rescind the Asylum Application, Interview, and Employment Authorization for Applicants rule and
amend the Code of Federal Register through the appropriate Federal Register notice.
2