Comment on a Proposed Rule
The Department of Homeland Security (DHS) is proposing to amend its regulations governing the affidavit of support requirements under section 213A of the Immigration and Nationality Act. The department estimates that the notice of proposed rulemaking (NPRM) will produce direct net costs of up to $2.0 billion over 10 years. In exchange, the proposal would produce qualitative benefits related to the department’s policy priorities. DHS lacks data in multiple areas, which prevents it from adequately quantifying the effects of its rule, including benefits and indirect costs. Overall, its analysis does not measure up to the standards outlined in Executive Order 12866. DHS should supplement its NPRM with a revised regulatory impact analysis and reopen its public comment period on the proposal before moving forward with the rule. As crafted, the benefits of DHS’s NPRM are not likely to justify its costs.