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Statement of Need: The TVPRA mandated promulgation of regulations taking into account the specialized needs of unaccompanied alien children and addressing both procedural and substantive aspects of handling unaccompanied alien children's cases. This rule will replace existing agency guidance on the specialized needs of unaccompanied alien children. The rule will also incorporate policies in agency guidance implementing the TVPRA. Such guidance has been in effect since March 2009 and, based on experience gained in following the guidance, will be revised in the rule.

Summary of the Legal Basis: The purpose of this rule is to comply with the TVPRA mandate to promulgate regulations taking into account the specialized needs of unaccompanied alien children and addressing both procedural and substantive aspects of handling unaccompanied alien children's cases.

Alternatives: N/A

Anticipated Costs and Benefits: This rule will codify existing agency guidance on the specialized needs of unaccompanied alien children in accordance with implementing the TVPRA. In addition, the regulation will codify improvements that DHS has implemented over the passage of time since TVPRA to incorporate lessons learned and operational efficiencies for USCIS and EOIR. DHS anticipates that this rule would result in benefits both to the Federal Government by streamlining the processing of cases for asylum by unaccompanied children, and to the public by ensuring that DHS regulations are transparent in the eligibility and application requirements for this vulnerable population. DHS anticipates that any costs associated with establishing eligibility for asylum under the TVPRA would be outweighed by the benefits of this rulemaking.

Risks: N/A