Successful Competitive Tendering (Thorogood Special Briefing)

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Of that total, approximately , aliens were apprehended crossing between ports of entry; approximately 59, were inadmissible aliens who presented at ports of entry; and approximately 3, were arrested by ICE and referred to expedited removal. As of the date of this rule, final expedited-removal statistics for FY specific to the southern border are not available. But the Departments' experience with immigration enforcement has demonstrated that the vast majority of expedited-removal actions have also occurred along the southern border.

It is unclear whether the ICE arrests reflect additional numbers of aliens processed at ports of entry. Another approximately , aliens were subject to reinstatement, meaning that the alien had previously been removed and then unlawfully entered the United States again. The vast majority of reinstatements involved Mexican nationals. Aliens subject to reinstatement who express a fear of persecution or torture receive reasonable-fear determinations under 8 CFR Once these 97, aliens were interviewed by an asylum officer, 83, cases were decided on the merits asylum officers closed the others.

Because this rule concerns the merits of the screening process and closed cases are not affected by that process, this preamble discusses the proportions of determinations on the merits when describing the credible-fear screening process. This preamble does, however, account for the fact that some proportion of closed cases are also sent to section proceedings when discussing the number of cases that immigration judges completed involving aliens referred for a credible-fear interview while in expedited-removal proceedings.

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Between FY and FY , an average of roughly aliens per year were placed in asylum-only proceedings, and that number includes not only stowaways but all classes of aliens subject to asylum-only proceedings. Again, the percentages exclude closed cases so as to describe how asylum officers make decisions on the merits. These figures have enormous consequences for the asylum system writ large. Asylum officers and immigration judges devote significant resources to these screening interviews, which the INA requires to happen within a fixed statutory timeframe. These aliens must also be detained during the pendency of expedited-removal proceedings.

Rodriguez, S. And assertions of credible fear in expedited removal have rapidly grown in the last decade—especially in the last five years. Furthermore, the percentage of cases in which asylum officers found that aliens had established a credible fear—leading to the aliens being placed in section removal proceedings—has also increased in recent years. Once aliens are referred for section proceedings, their cases may take months or years to adjudicate due to backlogs in the system.

Of that number, , involved nationals of Northern Triangle countries 39, cases involving Hondurans; 59, involving Salvadoran nationals; 36, involving Guatemalan nationals. Another 10, cases involved Mexican nationals. In FY , immigration judges completed 34, total cases that originated with a credible-fear referral. In a significant proportion of these cases, the aliens did not appear for section proceedings or did not file an application for asylum in connection with those proceedings.

Moreover, of those 10, cases, there were 1, cases where an asylum application was filed, meaning 8, did not file an asylum application and failed to appear at a hearing. In short, in nearly half of the cases completed by an immigration judge in FY involving aliens who passed through a credible-fear referral, the alien failed to appear at a hearing or failed to file an asylum application. All references to applications for asylum generally involve applications for asylum, as opposed to some other form of protection, but EOIR statistics do not distinguish between, for instance, the filing of an application for asylum or the filing of an application for statutory withholding.

As noted, an application for asylum is also deemed an application for other forms of protection, and whether an application will be for asylum or only for some other form of protection is often a post-filing determination made by the immigration judge for instance, because the one-year filing bar for asylum applies. Those figures are consistent with trends from FY through FY , during which time DHS pursued some , cases in the immigration courts that involved aliens who had gone through a credible-fear review i.

Even among those aliens who received a credible-fear interview, filed for asylum, and appeared in section proceedings to resolve their asylum claims—a category that would logically include the aliens with the greatest confidence in the merits of their claims—only a very small percentage received asylum. In FY immigration judges completed 34, cases that originated with a credible-fear referral; only 20, of those cases involved an application for asylum, and immigration judges granted only 5, aliens asylum.

An additional aliens received either statutory withholding or CAT protection. Because there may be multiple bases for denying an asylum application and immigration judges often make alternative findings for consideration of issues on appeal, EOIR does not track reasons for asylum denials by immigration judges at a granular level. Nevertheless, experience indicates that the vast majority of those asylum denials reflect a conclusion that the alien failed to establish a significant possibility of persecution, rather than the effect of a bar to asylum eligibility or a discretionary decision by an immigration judge to deny asylum to an alien who qualifies as a refugee.

The statistics for nationals of Northern Triangle countries are particularly illuminating. In FY , immigration judges in section proceedings adjudicated 20, cases involving nationals of Northern Triangle countries who were referred for credible-fear interviews and then referred to section proceedings i.

Given that those aliens asserted a fear of persecution and progressed through credible-fear screening, those aliens presumably would have had the greatest reason to then pursue an asylum application. Put differently: Only a little over half of aliens from Northern Triangle countries who claimed a fear of persecution and passed threshold screening submitted an application for asylum, and over a third did not appear at section proceedings. Specifically, in FY , Hondurans, Guatemalans, and Salvadorans who initially were referred for a credible-fear interview whether in FY or earlier and progressed to section proceedings were granted asylum.

In FY , immigration judges adjudicated 7, cases involving Hondurans whose cases originated with a credible-fear referral in expedited-removal proceedings. Numbers for Mexican nationals reflected similar trends. The Departments thus believe that these numbers underscore the major costs and inefficiencies of the current asylum system. Again, numbers for Northern Triangle nationals—who represent the vast majority of aliens who claim a credible fear—illuminate the scale of the problem. Out of the 63, Northern Triangle nationals who expressed an intent to apply for asylum or a fear of persecution and received credible-fear screening interviews in FY , 47, received a positive credible-fear finding from the asylum officer or immigration judge.

Another 10, cases were administratively closed, some of which also may have been referred to section proceedings.

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Those aliens will remain in the United States to await section proceedings while immigration judges work through the current backlog of nearly , cases—, of which involve nationals of Northern Triangle countries who passed through credible- fear screening interviews. Immigration judges adjudicated 20, cases involving such nationals of Northern Triangle countries in FY ; slightly under half of those aliens did not file an application for asylum, and over a third were screened through expedited removal but did not appear for a section proceeding.

Immigration judges found in the overwhelming majority of cases that the aliens had no significant possibility of persecution. These existing burdens suggest an unsustainably inefficient process, and those pressures are now coupled with the prospect that large caravans of thousands of aliens, primarily from Central America, will seek to enter the United States unlawfully or without proper documentation and thereafter trigger credible-fear screening procedures and obtain release into the interior. The United States has been engaged in ongoing diplomatic negotiations with Mexico and the Northern Triangle countries Guatemala, El Salvador, and Honduras about the problems on the southern border, but those negotiations have, to date, proved unable to meaningfully improve the situation.

In combination with a presidential proclamation directed at the crisis on the southern border, the rule would help ameliorate the pressures on the present system. Aliens who could not establish a credible fear for asylum purposes due to the proclamation-based eligibility bar could nonetheless seek statutory withholding of removal or CAT protection, but would receive a positive finding only by establishing a reasonable fear of persecution or torture. Even if rates of positive reasonable-fear findings increased when a more general population of aliens became subject to the reasonable-fear screening process, this process would better filter those aliens eligible for that form of protection.

Even assuming that grant rates for statutory withholding in the reasonable-fear screening process a higher standard would be the same as grant rates for asylum, this screening mechanism would likely still allow through a significantly higher percentage of cases than would likely be granted.

And the reasonable-fear screening rates would also still allow a far greater percentage of claimants through than would ultimately receive CAT protection. Fewer than 1, aliens per year, of any nationality, receive CAT protection. To the extent that aliens continued to enter the United States in violation of a relevant proclamation, the application of the rule's bar to eligibility for asylum in the credible-fear screening process combined with the application of the reasonable-fear standard to statutory withholding and CAT claims would reduce the number of cases referred to section proceedings.

Finally, the Departments emphasize that this rule would not prevent aliens with claims for statutory withholding or CAT protection from having their claims adjudicated in section proceedings after satisfying the reasonable-fear standard. Further, determining whether an alien is subject to a suspension of entry proclamation would ordinarily be straightforward, because such orders specify the class of aliens whose entry is restricted. Likewise, adding questions designed to elicit whether an alien is subject to an entry proclamation, and employing a bifurcated credible-fear analysis for the asylum claim and reasonable-fear review of the statutory withholding and CAT claims, will likely not be unduly burdensome.

Although DHS has generally not applied existing mandatory bars to asylum in credible-fear determinations, asylum officers currently probe for this information and note in the record where the possibility exists that a mandatory bar may apply. Though screening for proclamation-based ineligibility for asylum may in some cases entail some additional work, USCIS will account for it under the Paperwork Reduction Act, 44 U.

That said, USCIS estimates that asylum officers have historically averaged four to five credible-fear interviews and completions per day, but only two to three reasonable-fear case completions per day. Comparing this against current case processing targets, and depending on the number of aliens who contravene a presidential proclamation, such a change might result in the need to increase the number of officers required to conduct credible-fear or reasonable-fear screenings to maintain current case completion goals.

However, current reasonable-fear interviews are for types of aliens aggravated felons and aliens subject to reinstatement for whom relevant criminal and immigration records take time to obtain, and for whom additional interviewing and administrative processing time is typically required. The population of aliens who would be subject to this rule would generally not have the same type of criminal and immigration records in the United States, but additional interviewing time might be necessary. Therefore, it is unclear whether these averages would hold once the rule is implemented. If an asylum officer determines that credible fear has been established but for the existence of the proclamation bar, and the alien seeks review of such determination before an immigration judge, DHS may need to shift additional resources towards facilitating such review in immigration court in order to provide records of the negative credible-fear determination to the immigration court.

However, ICE attorneys, while sometimes present, generally do not advocate for DHS in negative credible-fear or reasonable-fear reviews before an immigration judge. DHS would, however, also expend additional resources detaining aliens who would have previously received a positive credible-fear determination and who now receive, and challenge, a negative credible-fear and reasonable-fear determination. Aliens are generally detained during the credible-fear screening, but may be eligible for parole or release on bond if they establish a credible fear.

To the extent that the rule may result in lengthier interviews for each case, aliens' length of stay in detention would increase. Furthermore, DHS anticipates that more negative determinations would increase the number of aliens who would be detained and the length of time they would be detained, since fewer aliens would be eligible for parole or release on bond.

Also, to the extent this rule would increase the number of aliens who receive both negative credible-fear and reasonable-fear determinations, and would thus be subject to immediate removal, DHS will incur increased and more immediate costs for enforcement and removal of these aliens. That cost would be counterbalanced by the fact that it would be considerably more costly and resource-intensive to ultimately remove such an alien after the end of section proceedings, and the desirability of promoting greater enforcement of the immigration laws.

If fewer aliens are found to have credible fear or reasonable fear and referred to full immigration proceedings, such a development will allow DOJ and ICE attorney resources to be reallocated to other immigration proceedings. The additional bars to asylum are unlikely to result in immigration judges spending much additional time on each case where the nature of the proclamation bar is straightforward to apply.

Further, there will likely be a decrease in the number of asylum hearings before immigration judges because certain respondents will no longer be eligible for asylum and DHS will likely refer fewer cases to full immigration proceedings. If DHS officers identify the proclamation-based bar to asylum before EOIR has acquired jurisdiction over the case , EOIR anticipates a reduction in both in-court and out-of-court time for immigration judges.

A decrease in the number of credible-fear findings and, thus, asylum grants would also decrease the number of employment authorization documents processed by DHS. Aliens are generally eligible to apply for and receive employment authorization and an Employment Authorization Document Form I after their asylum claim has been pending for more than days. This rule and any associated future presidential proclamations would also be expected to have a deterrent effect that could lessen future flows of illegal immigration. The Departments are not in a position to determine how all entry proclamations involving the southern border could affect the decision calculus for various categories of aliens planning to enter the United States through the southern border in the near future.

The focus of this rule is on the tens of thousands of aliens each year 97, in FY who assert a credible fear in expedited-removal proceedings and may thereby be placed on a path to release into the interior of the United States. The President has announced his intention to take executive action to suspend the entry of aliens between ports of entry and instead to channel such aliens to ports of entry, where they may seek to enter and assert an intent to apply for asylum in a controlled, orderly, and lawful manner.

The Departments have accordingly assessed the anticipated effects of such a presidential action so as to illuminate how the rule would be applied in those circumstances. Effects on Aliens.

Such a proclamation, coupled with this rule, would have the most direct effect on the more than approximately 70, aliens a year as of FY estimated to enter between the ports of entry and then assert a credible fear in expedited-removal proceedings. And for the reasons discussed above, their claims would be processed more expeditiously. Conversely, if such aliens decided to instead arrive at ports of entry, they would remain eligible for asylum and would proceed through the existing credible-fear screening process.

That number excludes the approximately 3, additional aliens who were arrested by ICE, because it is not clear at this time whether such aliens were ultimately processed at a port of entry. Such an application of this rule could also affect the decision calculus for the estimated 24, or so aliens a year as of FY who arrive at ports of entry along the southern border and assert a credible fear in expedited-removal proceedings.

Third-country nationals in this category would have added incentives to take advantage of Mexican asylum procedures and to make decisions about travel to a U. Such an application of this rule could also affect aliens who apply for asylum affirmatively or in removal proceedings after entering through the southern border. Some of those asylum grants would become denials for aliens who became ineligible for asylum because they crossed illegally in contravention of a proclamation effective before they entered.

Such aliens could, however, still obtain statutory withholding of removal or CAT protection in section proceedings. Finally, such a proclamation could also affect the thousands of aliens who are granted asylum each year. Those aliens' cases are equally subject to existing backlogs in immigration courts, and could be adjudicated more swiftly if the number of non-meritorious cases declined. Aliens with meritorious claims could thus more expeditiously receive the benefits associated with asylum. Effects on the Departments' Operations. Applying this rule in conjunction with a proclamation that channeled aliens seeking asylum to ports of entry would likely create significant overall efficiencies in the Departments' operations beyond the general efficiencies discussed above.

Channeling even some proportion of aliens who currently enter illegally and assert a credible fear to ports of entry would, on balance, be expected to help the Departments more effectively leverage their resources to promote orderly and efficient processing of inadmissible aliens. At present, CBP dedicates enormous resources to attempting to apprehend aliens who cross the southern border illegally.

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Such crossings often occur in remote locations, and over 16, CBP officers are responsible for patrolling hundreds of thousands of square miles of territory, ranging from deserts to mountainous terrain to cities. Family units apprehended after crossing illegally present additional logistical challenges, and may require additional agents to assist with the transport of the illegal aliens from the point of apprehension to the station for processing. And apprehending one alien or group of aliens may come at the expense of apprehending others while agents are dedicating resources to transportation instead of patrolling.

At the Border Patrol station, a CBP agent obtains an alien's fingerprints, photographs, and biometric data, and begins asking background questions about the alien's nationality and purpose in crossing. At the same time, agents must make swift decisions, in coordination with DOJ, as to whether to charge the alien with an immigration-related criminal offense. Further, agents must decide whether to apply expedited-removal procedures, to pursue reinstatement proceedings if the alien already has a removal order in effect, to authorize voluntary return, or to pursue some other lawful course of action.

Once the processing of the alien is completed, the USBP temporarily detains any alien who is referred for removal proceedings. Once the USBP determines that an alien should be placed in expedited-removal proceedings, the alien is expeditiously transferred to ICE custody in compliance with federal law. Asylum officers and immigration judges review negative credible-fear findings during expedited-removal proceedings while the alien is in ICE custody.

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By contrast, CBP officers are able to employ a more orderly and streamlined process for inadmissible aliens who present at one of the ports of entry along the southern border—even if they claim a credible fear. Because such aliens have typically sought admission without violating the law, CBP generally does not need to dedicate resources to apprehending or considering whether to charge such aliens.

And while aliens who present at a port of entry undergo threshold screening to determine their admissibility, see INA b 2 , 8 U. Just as for illegal entrants, CBP officers at ports of entry must decide whether inadmissible aliens at ports of entry are subject to expedited removal. Aliens subject to such proceedings are then generally transferred to ICE custody so that DHS can implement Congress's statutory mandate to detain such aliens during the pendency of expedited-removal proceedings.

As with stations, ports of entry vary in their proximity to ICE detention facilities. The Departments acknowledge that in the event all of the approximately 70, aliens per year who cross illegally and assert a credible fear instead decide to present at a port of entry, processing times at ports of entry would be slower in the absence of additional resources or policies that would encourage aliens to enter at less busy ports. Using FY figures, the number of aliens presenting at a port of entry would rise from about , to about , aliens if all illegal aliens who assert a credible fear went to ports of entry.

That would likely create longer lines at U. The Departments nonetheless believe such a policy would be preferable to the status quo. Furthermore, the overwhelming number of aliens who would have an incentive under the rule and a proclamation to arrive at a port of entry rather than to cross illegally are from third countries, not from Mexico.

The Departments believe that it is reasonable for third-country aliens, who appear highly unlikely to be persecuted on account of a protected ground or tortured in Mexico, to be subject to orderly processing at ports of entry that takes into account resource constraints at ports of entry and in U. Such orderly processing would be impossible if large proportions of third-country nationals continue to cross the southern border illegally. To be sure, some Mexican nationals who would assert a credible fear may also have to spend more time waiting for processing in Mexico.

Such nationals, however, could still obtain statutory withholding of removal or CAT protection if they crossed illegally, which would allow them a safeguard against persecution. Moreover, only Mexican nationals received asylum in FY after initially asserting a credible fear of persecution in expedited-removal proceedings, indicating that the category of Mexican nationals most likely to be affected by the rule and a proclamation would also be highly unlikely to establish eligibility for asylum.

United States, 20 Cl. Nat'l Treasury Emps. Union, F. Dean, F. Agencies have previously relied on this exception in promulgating a host of immigration-related interim rules. The Departments have concluded that the good-cause exceptions in 5 U. Notice and comment on this rule, along with a day delay in its effective date, would be impracticable and contrary to the public interest. The Departments have determined that immediate implementation of this rule is essential to avoid creating an incentive for aliens to seek to cross the border during pre-promulgation notice and comment under 5 U.

A surge could also have a destabilizing effect on the region, thus weakening the security of the United States and threatening its international relations. These same concerns would apply here as well. Pre-promulgation notice and comment, or a delay in the effective date, could lead to an increase in migration to the southern border to enter the United States before the rule took effect.

48f Reject a Claim for an Alleged Variation

For instance, the thousands of aliens who presently enter illegally and make claims of credible fear if and when they are apprehended would have an added incentive to cross illegally during the comment period. They have an incentive to cross illegally in the hopes of evading detection entirely. Even once apprehended, at present, they are able to take advantage of a second opportunity to remain in the United States by making credible-fear claims in expedited-removal proceedings.

Even if their statements are ultimately not found to be genuine, they are likely to be released into the interior pending section proceedings that may not occur for months or years. Based on the available statistics, the Departments believe that a large proportion of aliens who enter illegally and assert a fear could be released while awaiting section proceedings. Furthermore, there are already large numbers of migrants—including thousands of aliens traveling in groups, primarily from Central America—expected to attempt entry at the southern border in the coming weeks.

Some are traveling in large, organized groups through Mexico and, by reports, intend to come to the United States unlawfully or without proper documentation and to express an intent to seek asylum. Creating an incentive for members of those groups to attempt to enter the United States unlawfully before this rule took effect would make more dangerous their already perilous journeys, and would further strain CBP's apprehension operations.

This interim rule is thus a practical means to address these developments and avoid creating an even larger short-term influx; an extended notice-and-comment rulemaking process would be impracticable. The flow of aliens across the southern border, unlawfully or without appropriate travel documents, directly implicates the foreign policy interests of the United States. Order Jan. Presidential proclamations invoking section f or a 1 of the INA at the southern border necessarily implicate our relations with Mexico and the President's foreign policy, including sensitive and ongoing negotiations with Mexico about how to manage our shared border.

Article 6 of that memorandum reserves the movement of third-country nationals through Mexico and the United States for further bilateral negotiations. For instance, a proclamation aimed at channeling aliens who wish to make a claim for asylum to ports of entry at the southern border would be inextricably related to any negotiations over a safe-third-country agreement as defined in INA a 2 A , 8 U. As noted, the vast majority of aliens who enter illegally today come from the Northern Triangle countries, and large portions of those aliens assert a credible fear.

Channeling those aliens to ports of entry would encourage these aliens to first avail themselves of offers of asylum from Mexico. Moreover, this rule would be an integral part of ongoing negotiations with Mexico and Northern Triangle countries over how to address the influx of tens of thousands of migrants from Central America through Mexico and into the United States. For instance, over the past few weeks, the United States has consistently engaged with the Security and Foreign Ministries of El Salvador, Guatemala, and Honduras, as well as the Ministries of Governance and Foreign Affairs of Mexico, to discuss how to address the mass influx of aliens traveling together from Central America who plan to seek to enter at the southern border.

Those ongoing discussions involve negotiations over issues such as how these other countries will develop a process to provide this influx with the opportunity to seek protection at the safest and earliest point of transit possible, and how to establish compliance and enforcement mechanisms for those who seek to enter the United States illegally, including for those who do not avail themselves of earlier offers of protection.

Furthermore, the United States and Mexico have been engaged in ongoing discussions of a safe-third-country agreement, and this rule will strengthen the ability of the United States to address the crisis at the southern border and therefore facilitate the likelihood of success in future negotiations.

This rule thus supports the President's foreign policy with respect to Mexico and the Northern Triangle countries in this area and is exempt from the notice-and-comment and delayed-effective-date requirements in 5 U. See Am. United States, F. Crosland, F. Invoking the APA's foreign affairs exception is also consistent with past rulemakings.

In , for example, in response to diplomatic developments between the United States and Cuba, DHS changed its regulations concerning flights to and from the island via an immediately effective interim final rule.

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In a similar vein, DHS and the State Department recently provided notice that they were eliminating an exception to expedited removal for certain Cuban nationals. For the foregoing reasons, taken together, the Departments have concluded that the foreign affairs exemption to notice-and-comment rulemaking applies. The Regulatory Flexibility Act, 5 U. A regulatory flexibility analysis is not required when a rule is exempt from notice-and-comment rulemaking. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of This interim final rule is not a major rule as defined by section of the Congressional Review Act.

The rule is consequently also exempt from Executive Order because it is not a significant regulatory action under Executive Order Though the potential costs, benefits, and transfers associated with some proclamations may have any of a range of economic impacts, this rule itself does not have an impact aside from enabling future action. The Departments have discussed what some of the potential impacts associated with a proclamation may be, but these impacts do not stem directly from this rule and, as such, they do not consider them to be costs, benefits, or transfers of this rule.

This rule amends existing regulations to provide that aliens subject to restrictions on entry under certain proclamations are ineligible for asylum. The expected effects of this rule for aliens and on the Departments' operations are discussed above. As noted, this rule will result in the application of an additional mandatory bar to asylum, but the scope of that bar will depend on the substance of relevant triggering proclamations.

In addition, this rule requires DHS to consider and apply the proclamation bar in the credible-fear screening analysis, which DHS does not currently do. Application of the new bar to asylum will likely decrease the number of asylum grants. By applying the bar earlier in the process, it will lessen the time that aliens who are ineligible for asylum and who lack a reasonable fear of persecution or torture will be present in the United States.

Finally, DOJ is amending its regulations with respect to aliens who are subject to the proclamation bar to asylum eligibility to ensure that aliens who establish a reasonable fear of persecution or torture may still seek, in proceedings before immigration judges, statutory withholding of removal under the INA or CAT protection. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

Therefore, in accordance with section 6 of Executive Order , it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This rule meets the applicable standards set forth in sections 3 a and 3 b 2 of Executive Order Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. Administrative practice and procedure, Aliens, Immigration, Legal services, Organization and functions Government agencies.

Accordingly, for the reasons set forth in the preamble, the Secretary of Homeland Security amends 8 CFR part as follows:. For applications filed after November 9, , an alien shall be ineligible for asylum if the alien is subject to a presidential proclamation or other presidential order suspending or limiting the entry of aliens along the southern border with Mexico that is issued pursuant to subsection f or a 1 of the Act on or after November 9, and the alien enters the United States after the effective date of the proclamation or order contrary to the terms of the proclamation or order.

This limitation on eligibility does not apply if the proclamation or order expressly provides that it does not affect eligibility for asylum, or expressly provides for a waiver or exception that makes the suspension or limitation inapplicable to the alien. The Department shall nonetheless place the alien in proceedings under section of the Act for full consideration of the alien's claim for withholding of removal under section b 3 of the Act, or for withholding or deferral of removal under the Convention Against Torture if the alien establishes a reasonable fear of persecution or torture.

However, if an alien fails to establish, during the interview with the asylum officer, a reasonable fear of either persecution or torture, the asylum officer will provide the alien with a written notice of decision, which will be subject to immigration judge review consistent with paragraph g of this section, except that the immigration judge will review the reasonable fear findings under the reasonable fear standard instead of the credible fear standard described in paragraph g and in 8 CFR Accordingly, for the reasons set forth in the preamble, the Attorney General amends 8 CFR parts and as follows:.

C ; 8 U. Plan No. If the alien is determined to be an alien described in 8 CFR If the immigration judge finds that the alien is not described in 8 CFR If the immigration judge concurs with the credible fear determination that the alien is an alien described in 8 CFR We are adopting a new airworthiness directive AD for certain Airbus SAS Model A and A series airplanes; Model A, , , , , and airplanes; and Model A, , , , , , , and airplanes. We are issuing this AD to address the unsafe condition on these products.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 14, For information on the availability of this material at the FAA, call FAA; or in person at Docket Operations between 9 a. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information.

The address for Docket Operations phone: is U. We are issuing this AD to address the occurrence of false RAs from the TCAS, which could lead to a loss of separation from other airplanes, possibly resulting in a mid-air collision. The MCAI states:. It is possible that more false or spurious RA events have occurred, but were not recorded or reported. The known events were mainly occurring on Airbus single-aisle A family aeroplanes, although several events have also occurred on Airbus A aeroplanes. This was caused by a combination of three factors: 1 Hybrid surveillance enabled; 2 processor connected to a hybrid GPS [global positioning system] source, without a direct connection to a GPS source; and 3 an encounter with an intruder aeroplane with noisy jumping ADS-B Out position.

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Provides entrepreneurs with a practical guide on how to set and manage the pricing of both products and services. It outlines the process of deriving a pricing strategy first, then monitoring the profit implications of the pricing decisions made. In a climate of market instability, the skilful use of pricing strategies has never been more important. Punch above your weight! This inspirational book gives you a route-map to success. A set of simple, practical, proven, award-winning techniques for managing your sales force effectively and profitably. If you are an owner, a director or you manage a sales team, this book will help you learn more about how to manage the sales operation of your business.

This essential Report has been compiled to guide professionals through the fundamental knowledge and skills needed for effective selling. This book has the power to guide, to motivate and to inspire you to become seriously richer and happier, regardless of whether you are in dire financial straights or already wealthy. It has been written to channel your imagination and to galvanize you into action. Fully up-to-date with all changes to the law, this report is a thorough explanation of the law combined with expert guidance on negotiating and drafting the best contract for your client.

Learn from an expert and discover the keys to developing and implementing a strategic account plan. Master the crucial steps of key account planning, the keys to analysing customer relationships and the special techniques of bonding mechanisms. The aim is to provide you with valuable tips and techniques to improve your PR and campaign planning. Using a real company case history, Norton Paley explains the techniques of building a strategic business plan; he then shows you how to develop a one-year tactical section and links it to the strategic section.

Packed with case histories and checklists. A complete guide to Successful Career Management relevant for organisations, leaders and individuals. The aim of this Report is to help you become more skillful and more successful in your tendering. This book goes beyond mere sales techniques: using self-assessment models, it shows you how to monitor your progress in an actual sales project against where you need to be and includes templates, tables and exercises.

A compehensive guide by an expert salesman to using the telephone in business, including the most effective techniques for customer service, selling, prospecting and credit control. Contains six psychometric assessment profiles covering the key aspects of leadership and a leadership degree profile.

It explains how to employ the profiles and then how to analyse and evaluate the results. This book aims to provide a simple but valuable framework the 2-by-2 matrix which can be used by any manager or executive in varied situations in business to resolve such issues and problems. The new 12th edition is updated in again for when managers are faced with more new legislation, obligations and potential penalties. It explains what the law is and then what to do on every aspect of employment practice.

A major new reference work, in an easy-to-use A-Z format, covering all aspects of facilities and property management, strategy, administration and control, backed up by a wealth of practical suggestions. Covers all the latest legislation on waste, energy consumption and environmental issues and offers valuable insights into the management of property assets.

A major new reference work in A-Z format covering the scientific, economic and legal issues facing all types of organisation.

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This book fills an important gap with expert, practical advice. Fully revised and updated to reflect the latest changes in legislation, it includes checklists, charts and summaries throughout. In particular, the Brent Spar episode in left an indelible impression on many people. With just companies controlling three quarters of global trade and some corporate revenues well in excess of the GDP of many developing nations 5, the vast power of multinational enterprises can no longer be ignored. However, it is important to stress that comparisons between GDPs and corporate sales are often misleading and economically flawed.

In the wake of a succession of corporate scandals, such as ENRON and WorldCom, and the loss of billions of dollars from the equity markets, public trust in big business is at its lowest ebb. For public companies, the vital task of restoring public confidence lies in an improvement in the reporting of corporate affairs and further regulation to ensure that both CEOs and CFOs are held accountable for their actions. Business relationships, like all human relationships, are built on a foundation of integrity and trust. When those values are practiced and expected, our economy and our country are stronger.

For consumers, despite the stream of corporate scandals, products and services still hold sets of value propositions that they can identify with. Price is still important, particularly when considered in the context of consumption, but the best mechanism for delivering and communicating abstract values is through strong brands. With their distinct promise and personalities, brands form an emotional connection with consumers that in time creates equity, helping to secure future income.

The rise of the corporate brand and its dominance within the global economy is testimony to its success as a relationship builder and a strategic business model that can easily be replicated or franchised. This raises the question of the role of public relations PR , and the functions of brand and relationship management within all organizations as vanguards of corporate reputation. Yet even today, few companies have executives dedicated solely to managing reputation. This is a costly omission. Sound PR and good corporate reputation act like a vaccine helping to lessen any attack on a corporation from an NGO or to combat criticism arising from poor issue management.

Corporate identity and image can be created, but corporate reputation must be earned as companies are judged on their performance and behaviour over time. The structure of this Report Chapter one introduces the concept of corporate reputation and attempts to distinguish some of the confusing terms surrounding the subject.

It explores factors that have raised the profile of reputation, and argues that PR and relationship management are the most effective tools to help manage and co-ordinate the factors affecting reputation through the brand and the brand experience. The focus throughout this Report is on corporate, as opposed to individual, brand reputation, but much interdependency exists. Chapter two examines the notion of stakeholder theory and the important role that stakeholders play in developing and managing corporate reputation. Chapter four discusses what the authors believe to be the core of reputation brand identity and image.

It examines why brands are the best psychological vehicles for delivering meaning and trust. Chapter five examines the concept of integrated marketing communications and the importance of consistent communications both internally and externally to effectively manage reputation. Chapter six looks at the increasing importance of corporate social responsibility and how some companies are approaching this.

We also look at the related areas of corporate ethics and governance particularly in light of recent corporate malpractice. Chapter seven focuses on the area of strategy and planning in the management, development and protection of reputation. This chapter also looks at the critical function of reputation measurement and evaluation. Chapter eight examines risk, issues and crisis management an all-important aspect of reputation management, particularly from the standpoint of perception versus reality. Chapter nine focuses on the new challenges facing corporations from the technology standpoint, in particular m-commerce, off and online brands, and e-brands.

Finally, Chapter ten comprises case studies and contributions from organizations and people who have some very interesting points to make about corporate reputation and offer some unique insights into the subject. What is corporate reputation? Corporate identity self-presentation Corporate image Corporate reputation Does one corporate image exist? Ways of creating a corporate image from identity The eight most significant factors in the formation of an image The role of PR and branding in reputation management Exercises and discussion points Summary.

Our interest in the honesty and integrity of others is well established in all our cultures, and this interest is now increasingly focused on corporations. Type the word reputation into any leading search engine and thousands of references are available. Since the mid s numerous books and magazine articles have recognized the growing public and business interest in the topic. Indeed, Fortune magazine has its annual index of those companies that are most admired globally, which has become one of the most comprehensive indices available. Wal-Mart Stores, General Electric and Microsoft occupy the top three positions according to the index 6.

Depending on your perspective, reputation can mean rather different things. One can consider it from the point of view of customers, competitors, activists, suppliers or employees. Regardless of the perspective, it is important to identify the origin of reputation and why it is so important to us.

Reputation essentially centres on what individuals think about others and organizations , their actions, abilities and probity. The term evokes ideas of trust, co-operation and integrity. But to fully appreciate the concept it is necessary to consider its origin and psychology. Is reputation in our genes? Evolutionary psychologists have stressed the value of reputation as a core component of human behaviour.

They argue that reputation allows us to measure the risk of interacting with another person. We all have our own reputations to protect and the same applies to businesses. Evolutionary psychologists also point out that our brains have become adapted for social exchange and the benefits and dangers this can bring. We are wired in such a way that we can understand that others also have a mind. In essence, if I cheat, then my reputation will be damaged and my chances of doing business with you, or your acquaintances in the future will be very much reduced.

The evolution of social cooperation has produced special cognitive adaptations of the mind to facilitate social exchange, which forms the basis of trade. Corporate reputation is an extension of this basic human function of social exchange that people have engaged in for millennia 8. Communication is also about exchange and emotions. Social alliances can only be sustained by balanced exchange and reciprocal goodwill acts. Reputation gains by such behaviour, and reciprocity helps people evaluate the risk of doing business.

Reputation recognizes this interdependence and that co-operation benefits everyone in the long-term. As consumers, all of us have an inherent ability to judge others: corporations should be no exception. Corporate image can be created, but corporate reputation must be earned. Although the term corporate reputation is increasingly used in business and marketing literature, a single precise definition does not exist. At the heart of corporate reputation must be core values that help guide external and internal operations. The authors would argue that: corporate reputation is the sum of the values that stakeholders attribute to a company, based on their perception and interpretation of the image the company communicates and its behaviour over time.

Corporate reputation should be considered in terms of its historical context, i. A company s standing in the community and in the marketplace all help shape its reputation. Whereas corporate image can be seen as the latest thoughts or beliefs stakeholders may hold about a company, corporate reputation represents the long-term collective assessment of a corporation s integrity. Consumers do appear to care what the media and NGOs say about companies, but equally they also care about the satisfaction of their own immediate needs.

This is why brands are such effective vehicles for communicating with consumers at an emotional level, nurturing long-term relationships based on trust and reliability. Factors that help build corporate reputation Financial performance Quality of service or products Brand values and promise Innovation and creativity Customer service satisfaction Social responsibility citizenship Corporate policy and organizational structure Good competitive positioning Vision and leadership CEO performance Full compliance with statutory regulations Employee satisfaction and loyalty Developing core competencies Establishing collaborative networks and alliances This next section will explore in more detail identity, image, and also the role of positioning in helping to shape reputation.

Identity, positioning and image: the interplay of identity and image Understanding corporate reputation is complicated by the interdependence of its component parts: identity and image. Although much confusion exists about terminology, it is important to try and distinguish these terms. Sometimes wrongly used interchangeably, they do not quite refer to the same ideas and concepts, although there is considerable overlap and the terms are not mutually exclusive.

It is critical for any organization to keep. Recognition Date: Contents 1. Introduction Page 2 2. Assessment and Client. It begins with the mission statement of the company and is followed by the vision, the. These are just two of the. January Communications Manager: Information for Candidates Thank you for expressing interest in the role of Communications Manager.

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An overview of local authority communications p3 2. New National Reputation Project p3 3. Key aims of the Corporate Communications Strategy p4 4. Literacy across learning Principles and practice Language and literacy are of personal, social and economic importance. Our ability to use language lies at the centre of the development and expression. When being a good lawyer is not enough: Understanding how In-house lawyers really create value Contents Foreword How to Measure a Loyalty Programme s Return on Investment Managing information and transactions securely Introduction Successful programmes have longevity because the overall benefits clearly justify the.

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Directors Briefing: The future of the boarding school in a changing global economy This paper summarizes the key highlights of the Directors Briefing hosted by Cambridge Education Group in December Orange Polska Code of Ethics our conviction The fundamental ethical standards and values people should follow in their mutual relations both private and business have been known and unchanging for centuries.

Market Leader Issue 27, Winter www.