Notice2022-11022
Agency Information Collection Activities: Migrant Protection Protocols (MPP) Disenrollment Request System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 23, 2022
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 99 (Monday, May 23, 2022)</title>
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[Federal Register Volume 87, Number 99 (Monday, May 23, 2022)]
[Notices]
[Pages 31254-31255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11022]
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DEPARTMENT OF HOMELAND SECURITY
[Docket Number DHS-2022-0032]
Agency Information Collection Activities: Migrant Protection
Protocols (MPP) Disenrollment Request System
AGENCY: Department of Homeland Security (DHS).
ACTION: 60-Day notice and request for comments.
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SUMMARY: 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 July 22,
2022. This process is conducted in accordance with 5 CFR 1320.1.
ADDRESSES: You may submit comments, identified by docket number Docket
#DHS-2022-0032, at:
[cir] Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Please follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number Docket #DHS-2022-0032. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION: 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 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 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 self-disclosure is listed below.
[[Page 31255]]
Submission Information:
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Attorney or Representative Email
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Attorney or Representative Name
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Attorney or Representative Phone Number
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Attorney or Representative Country Code
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A #Number
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Best Phone Number
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Email Address
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First, Middle, and Last Name
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Date of Birth
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Country of Birth
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County of Citizen Citizenship
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Where are you (MPP enrolled person) located now? (Country, City, State)
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Preferred Language
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Reason for MPP review
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Preparer Name
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Preparer Phone Number
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Preparer Email
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Preparer Relationship to Enrollee
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DHS will launch a public-facing website on <a href="http://DHS.gov">DHS.gov</a> 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 (<a href="http://engage.dhs.gov/mpp">engage.dhs.gov/mpp</a>) will also be
searchable on the <a href="http://DHS.gov">DHS.gov</a> 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 cloud-based 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
<a href="/cdn-cgi/l/email-protection#1c514c4c4e796d69796f685c746d3278746f"><span class="__cf_email__" data-cfemail="460b161614233733233532062e3768222e35">[email protected]</span></a>. 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
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: 1601-0034.
Frequency: Annual.
Affected Public: Public.
Number of Respondents: 5,000
Estimated Time per Respondent: 20 Minutes.
Total Burden Hours: 1,667 Hours.
Robert Dorr,
Acting Executive Director, Business Management Directorate.
[FR Doc. 2022-11022 Filed 5-20-22; 8:45 am]
BILLING CODE 9112-FL-P
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