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DHS/USCIS RIN: 1615-AC65 Publication ID: Fall 2023 
Title: Clarifying Definitions and Analyses for Fair and Efficient Asylum and Other Protection Determinations 

This rule proposes to amend Department of Homeland Security (DHS) and Department of Justice (DOJ) (collectively, "the Departments”) regulations that govern eligibility for asylum and withholding of removal. The amendments focus on portions of the regulations that deal with the definitions of membership in a particular social group and the interpretation of various other elements of eligibility for asylum, including some that are often determinative in particular social group claims, such as the requirements for failure of State protection, and determinations about whether persecution is on account of a protected ground. The rule will also propose to republish, modify, or rescind portions of the Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review final rule (RINs 1125-AA94 and 1615-AC42). This rule is consistent with Executive Order 14010 of February 2, 2021, which directs the Departments to promulgate joint regulations, consistent with applicable law, addressing the circumstances in which a person should be considered a member of a particular social group.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 8 CFR 207    8 CFR 208    8 CFR 235    8 CFR 244    8 CFR 1003    8 CFR 1208    8 CFR 1212    8 CFR 1235    8 CFR 1244   
Legal Authority: 8 U.S.C. 1101(a)(42)    8 U.S.C. 1158    8 U.S.C. 1225    8 U.S.C. 1231 and 1231 (note)    E.O. 14010    86 FR 8267 (Feb. 2, 2021)   
Legal Deadline:  None

Statement of Need:

The Departments propose this rule to clarify standards governing numerous elements of eligibility for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, and protection from removal under the regulations that implement U.S. obligations in immigration cases under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Anticipated Costs and Benefits:

DHS is currently considering the specific cost and benefit impacts of the proposed provisions.

Action Date FR Cite
NPRM  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Related RINs: Related to 1615-AC42, Related to 1125-AB13, Related to 1125-AA94  Related Agencies: Joint: DOJ; 
Agency Contact:
Rena Cutlip-Mason
Chief, Division of Humanitarian Affairs, OP&S
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000