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B-332313 1 (2020-07-06)

handle is hein.gao/gaobaeboq0001 and id is 1 raw text is: cU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332313 July 6, 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: Removal of 30-Day Processing Provision for Asylum Applicant-Related Form 1-765 Employment Authorization Applications 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 Removal of 30-Day Processing Provision for Asylum Applicant-Related Form 1-765 Employment Authorization Applications (RIN: 1615-AC19). We received the rule on June 22, 2020. It was published in the Federal Register as a final rule on June 22, 2020. 85 Fed. Reg. 37502. The stated effective date of the rule is August 21, 2020. The final rule removes a DHS regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form 1-765, Application for Employment Authorization (EAD application), to grant or deny that initial employment authorization application. This rule also removes a provision requiring that the application for renewal must be received by USCIS 90 days prior to the expiration of the employment authorization. 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 22, 2020. 85 Fed. Reg. 37502. The Senate received the rule on June 29, 2020, as is reflected in the Congressional Record. Although the Congressional Record did not reflect receipt by the House of Representatives, according to a DHS official, DHS received mail confirmation of delivery 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 August 21, 2020. Therefore, the final rule does not have the required 60-day delay in its effective date.