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DHS/USCIS RIN: 1615-AB79 Publication ID: Fall 2021 
Title: Application of the Serious Nonpolitical Crime Bar to Asylum and Withholding of Removal for Recruitment or Use of Child Soldiers 

The Child Soldier Accountability Act of 2008 (CSAA) establishes a criminal offense for the recruitment or use of child soldiers, and also establishes grounds of inadmissibility and removability for noncitizens who have engaged in such recruitment or use. In addition, the Immigration and Nationality Act and immigration regulations provide that individuals who committed a serious nonpolitical crime are subject to a mandatory bar to asylum and withholding of removal. The Department of Homeland Security (DHS) and the Department of Justice (DOJ) propose to amend their companion immigration regulations, to specify that noncitizens who are inadmissible or deportable for recruitment or use of child soldiers are considered ineligible for asylum and withholding of removal, due to the serious nonpolitical crime bar.

Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 208    8 CFR 1208   
Legal Authority: Pub. L. 110-340   
Legal Deadline:
Action Source Description Date
Final  Statutory  CSAA Pub. L. 110-340.  12/02/2008 

Overall Description of Deadline: The Child Soldier Accountability Act (CSAA) requires the Attorney General and Secretary of Homeland Security (Secretary), within 60 days of the CSAA's enactment, to promulgate a final rule establishing that a noncitizen subject to these grounds of inadmissibility or deportability shall be considered a noncitizen with respect to whom there are serious reasons to believe that the noncitizen committed a serious nonpolitical crime.

Action Date FR Cite
NPRM  09/00/2022 
Additional Information: CIS 2467-08
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1125-AA63  Related Agencies: Joint: DOJ/EOIR; 
Agency Contact:
Andria Strano
Chief, Humanitarian Affairs Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009
Phone:240 721-3000