[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30088]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1615E-94]
RIN 1115-AC30

 

Expiration of Deferred Enforced Departure for Nationals of El 
Salvador

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice of the expiration of deferred enforced departure (DED) 
for nationals of EL Salvador.

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SUMMARY: The Immigration and Naturalization Service (``the Service'' or 
``INS'') will allow the expiration on December 31, 1994, of the 
deferred enforced departure (DED) previously granted to certain 
nationals of El Salvador. After consultation with appropriate agencies 
of the Government and consideration of the totality of the impact of 
the expiration of DED for Salvadorans, it has been concluded that the 
political and human rights situation inside El Salvador has improved 
significantly and can no longer serve as a basis for the continuation 
of DED.

EFFECTIVE DATE: December 31, 1994.

FOR FURTHER INFORMATION CONTACT: Ronald Chirlin, Senior Immigration 
Examiner, Immigration and Naturalization Service, Examinations 
Division, 425 I Street, NW, Room 3214, Washington, DC 20536, Telephone 
(202) 514-5014.

SUPPLEMENTARY INFORMATION: 

Background

    Section 303 of the Immigration Act of 1990, Public Law 101-649, 
dated November 29, 1990, designated El Salvador for Temporary Protected 
Status (TPS) for a period of eighteen (18) months beginning January 1, 
1991, and ending June 30, 1992. Eligible nationals of El Salvador who 
registered under this special TPS program were required to register by 
October 31, 1991, and to reregister as required in order to extend TPS 
benefits.
    Temporary Protected Status ended on June 30, 1992. However, on June 
26, 1992, the Commissioner of the Immigration and Naturalization 
Service announced in the Federal Register at 57 FR 28700 that the 
deportation of eligible nationals of El Salvador who had registered for 
TPS would not be enforced before June 30, 1993. On June 8, 1993, the 
Service announced in the Federal Register at 58 FR 32157 a further 
extension until December 31, 1994, of deferred enforced departure (DED) 
for eligible Salvadorans. The two announcements were made at the 
direction of former President Bush and President Clinton respectively. 
Both these grants of DED were based on the serious negative effects 
that a large repatriation would have had on the then evolving situation 
in El Salvador.
    After consultation with appropriate agencies of the Government and 
consideration of the totality of the impact of the expiration of DED 
for Salvadorans, it has been concluded that the political and human 
rights situation inside El Salvador has improved significantly and can 
no longer serve as a basis for the continuation of DED.

Automatic Extension of Employment Authorization

    In order to ensure an opportunity for Salvadoran beneficiaries of 
DED to apply for an employment authorization document (EAD), the 
Service is granting an automatic extension until September 30, 1995, of 
the validity of any EAD which expires on December 31, 1994, and was 
previously issued to a DED Salvadoran pursuant to 8 CFR 274a.12(a)(11). 
Affected Salvadorans should apply for their new EADs at least 3 months 
before the expiration of the automatic extension (that is, no later 
than June 30, 1995) in order to ensure continuous employment 
authorization.

Employers of DED Salvadorans

    Employers of DED Salvadorans whose employment authorization is 
automatically extended may not refuse to accept, for purposes of 
verifying or reverifying employment eligibility until September 30, 
1995, an employment authorization document (EAD), Form I-688B, bearing 
an expiration date of December 31, 1994, (or extension sticker punched 
for December 1994) and containing a notation ``274a.12(a)(11)'' or 
``274a.12(a)(12)'' on the face of the document under ``Provision of 
Law.'' Employers are reminded that this action does not affect the 
right of a worker to present any other legally acceptable document as 
proof of work authorization.

Impact of Decision

    The Service believes that the decision to end DED will have a 
delayed and gradual impact on members of the Salvadoran community in 
the United States who currently hold DED status. Under the settlement 
agreement reached in American Baptist Churches v. Thornburgh, 760 F. 
Supp. 796 (N.D. Cal. 1991) (``ABC'') affected Salvadorans will be able 
to maintain legal employment authorization pending a review of their 
asylum applications. Those ABC class members who have not filed asylum 
applications will have an opportunity to do so. In addition to the 
rights afforded under the ABC agreement, many Salvadorans have adjusted 
and will continue to adjust status to lawful permanent residence on the 
basis of family relationships and other grounds.
    All Salvadorans who initially registered for TPS, regardless of 
whether they later registered for DED, are ABC class members. As ABC 
class members, they are entitled to certain rights under the agreement. 
On or about March 31, 1995, the Service will send class members a 
notice advising that they must submit an initial asylum application 
(Form I-589) with the INS appropriate service center within 90 days, if 
they have not filed an asylum application previously. A previously 
filed asylum application may be supplemented. Class members also have 
the option of filing a new asylum application even if they had 
previously filed for asylum. Class members may supplement a previously 
filed or newly filed asylum application until the date of the decision 
by the asylum officer.

Obtaining Further Employment Authorization

    With Salvadoran DED ending, ABC class members may obtain further 
employment authorization based on a ``pending'' asylum application. 
Special procedures apply to class members who seek work authorization 
under the agreement. Class members seeking employment authorization 
must identify themselves as ABC class members. They must have an asylum 
application on file or must file a completed asylum application (Form 
I-589) with Form I-765, Application for Employment Authorization. 
Eligible class members who apply for employment authorization under 
this agreement are not subject to the ``non-frivolous'' standard 
required under 8 CFR 208.7(a). Form I-765, with or without an asylum 
application as appropriate, must be filed directly with the service 
center having jurisdiction over the applicant's place of residence for 
asylum-related applications. However, if the original asylum 
application was filed with an immigration judge in exclusion or 
deportation proceedings, applications for employment authorization and 
asylum should be filed at the appropriate local INS office until 
directed otherwise.
    Class members generally must pay the employment authorization 
application fee, currently seventy dollars ($70). However, when an 
initial application for employment authorization is filed based on an 
asylum application which is found to satisfy the non-frivolous test, 
such an initial employment authorization application can be filed and 
approved without payment of the filing fee under the general asylum 
regulations now in effect. Also, eligible class members who can 
demonstrate that they fall within the poverty guidelines at 45 CFR 
1060.2 will not be required to pay the fee.
    In summary, new asylum applications are required only from those 
who have never filed for asylum before. All other class members may 
choose to rely on any asylum application filed previously. Class 
members may supplement a previously filed or newly filed asylum 
officer. Applicants who must have continuous documentation of 
employment authorization should apply as early as possible with the 
appropriate service center or local office. It is not necessary to wait 
until the planned ABC notices are sent or until the class member's 
individual ABC notice is received. Such an application for employment 
authorization must be based on an asylum application.

    Dated: November 29, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Services.
[FR Doc. 94-30088 Filed 12-2-94; 1:17 pm]
BILLING CODE 4410-10-M