[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16608-16610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8925]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1832-97; AG Order No. 2076-97]
RIN 1115-AE26


Extension of Designation and Redesignation of Liberia Under 
Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice extends the designation of Liberia under the 
Temporary Protected Status (``TPS'') program for an additional 12 
months (until March 28, 1998) in accordance with sections 244(b)(3)(A) 
and (C) of the Immigration and Nationality Act, as amended (``the Act'' 
or ``INA''). This notice also describes the procedures with which 
eligible aliens, who are nationals of Liberia (or who have no 
nationality and who last habitually resided in Liberia), must comply to 
re-register for TPS. Re-registration for the TPS extension period is 
limited to persons who already have registered for the initial period 
of TPS, which ended on March 27, 1992.
    Pursuant to section 244(b)(1) of the Act, this notice concurrently 
designates Liberia anew (``redesignates'') under the TPS program. This 
redesignation of Liberia makes TPS available to eligible Liberian TPS 
applicants who have ``continuously resided in the United States'' since 
June 1, 1996, and who have been ``continuously physically present in 
the United States'' since April 7, 1997.

EFFECTIVE DATES:

1. Extension of Designation and Re-registration
    The extension of designation is effective on March 29, 1997, and 
will remain in effect until March 28, 1998. The primary re-registration 
procedures become effective on April 7, 1997, and will remain in effect 
until May 6, 1997.
2. Redesignation
    The Liberian TPS redesignation is effective concurrently with the 
extension from March 29, 1997, until March 28, 1998. The registration 
period for the Liberian TPS redesignation program begins on April 7, 
1997 and will remain in effect until October 6, 1997.

FOR FURTHER INFORMATION CONTACT: Ronald Chirlin, Adjudications Officer, 
Immigration and Naturalization Service, Room 3214, 425 I Street, NW., 
Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

Statutory Provisions for TPS

1. Designation and Extension Under the TPS Program
    Section 308(a)(7) of Public Law 104-132 renumbered section 244A of 
the Act. Under this section renumbered as INA 244 (8 U.S.C. 1254), the 
Attorney General is authorized to grant Temporary Protected Status in 
the United States to eligible aliens who are nationals of a foreign 
state designated by the Attorney General (or who have no nationality 
and last habitually resided in that state). The Attorney General may 
designate a state upon finding that the state is experiencing ongoing 
armed conflict, environmental disaster, or extraordinary and temporary 
conditions that prevent nationals or residents of the country from 
returning in safety.
    At least 60 days before the end of a designation or extension of 
designation, the Attorney General, after consultation with appropriate 
agencies of the

[[Page 16609]]

Government, reviews conditions in the foreign state for which the 
designation is in effect. The designation is extended if the Attorney 
General does not determine that termination is appropriate because the 
foreign state no longer meets the conditions for designation. INA 
244(b)(3)(C). Through such an extension of designation, however, TPS 
continues to be available only to aliens who have been continuously 
physically present in the United States from the effective date of the 
designation. TPS is not available to aliens who have been physically 
present in the United States only from the effective date of the 
extension but who were not physically present from the date of the 
designation.
2. Redesignation of Liberia Under the TPS Program
    Subsection 244(b)(1) of the Act implicitly permits the Attorney 
General to ``redesignate'' (that is, to designate under the TPS program 
a country that has been previously designated), as well as designated 
for the first time, if she first finds that the required conditions are 
met. The act of redesignation is referenced in subsection 
244(c)(1)(A)(i), which requires that ``the alien has been continuously 
physically present since the effective date of the most recent 
designation of the state.'' (Emphasis added.) This provision thus 
explicitly contemplates more than one designation. This redesignation 
of Liberia under the TPS program is nonetheless the first time that the 
Attorney General has found it appropriate to exercise her discretion to 
redesignate a country.
    One factor in determining whether redesignation is appropriate is 
whether it will create a ``magnet effect'' for nationals of the country 
under consideration. In cases where the Attorney General contemplates 
redesignation, she may consider this possible magnet effect and any 
other factors weighing against redesignation, together with any 
discretionary factors in favor of redesignation. A significant 
discretionary factor in favor of redesignation is the intensification 
of civil strife and instability in the country under consideration.
    The TPS statute imposes a requirement that, in order to be eligible 
for TPS, an alien must have been continuously physically present in the 
United States since the effective date of the most recent designation. 
This means that, regardless of when a designation may have been 
extended, in order to receive TPS an alien must have been physically 
present in the United States from the date of initial designation or 
from the date of any redesignation. INA 244(c)(1)(A)(i). The statute 
also authorizes the Attorney General to impose an additional 
requirement that an alien must have continuously resided in the United 
States since such date as the Attorney General may designate. INA 
244(c)(1)(A)(ii). The authority to designate a separate date from which 
an alien must have continuously resided in the United States allows the 
Attorney General to tailor more narrowly the group of aliens to whom 
she determines it is appropriate to extend the coverage of a 
designation or redesignation.
    The required June 1, 1996, residence date will apply to all 
applicants. For a small number of applicants with recent foreign 
travel, certain trips from the United States between June 1, 1996, and 
April 7, 1997 would be allowed under the definition of ``continuously 
resided.'' Such trips after April 7, 1997 would be allowed within 
slightly narrower limits under the definition of ``continuously 
physically present.'' See definitions at 8 CFR 244.1, formerly 8 CFR 
240.1.
    The initial registration period for this TPS redesignation 
continues from April 7, 1997 until October 6, 1997 in accordance with 
the required 180-day minimum period. INA 244(c)(1)(A)(iv).

Extension of Designation of Liberia Under the TPS Program

    On March 27, 1991, the Attorney General designated Liberia for 
Temporary Protected Status for a period of 12 months, 56 FR 12746. The 
Attorney General subsequently extended the designation of Liberia under 
the TPS program for 5 additional 12-month periods with the last 
extension valid until March 28, 1997, 61 FR 8076.
    The Attorney General has determined that temporary conditions 
continue to prevent nationals of Liberia from returning to their 
country in safety. Therefore, by this notice she is extending the 
designation of Liberia under the Temporary Protected Status program for 
an additional 12 months (until March 28, 1998) in accordance with 
sections 244(b)(3) (A) and (C) of the Act.

Redesignation of Liberia Under the TPS Program

    In her discretion, the Attorney General has further determined 
that, in light of renewed conflict in Liberia during the first half of 
1996, the temporary conditions that continue to exist in Liberia 
warrant redesignation. Therefore, pursuant to section 244(b)(1) of the 
Act, this notice concurrently grants Liberia a redesignation of TPS. 
With the redesignation of Liberia, TPS is now available to otherwise 
eligible applicants who are ineligible for reregistration under the 
extension of the initial designation, either because they came to the 
United States after the initial designation or because they failed to 
register in a timely manner under the initial designation.
    By operation of statute, this redesignation extends the 
availability of TPS only to Liberians who have been continuously 
physically present in the United States from the effective date of this 
redesignation April 7, 1997. In addition, the Attorney General is 
exercising her discretion under INA section 244(c)(1)(A)(ii) to select 
a different and earlier date of June 1, 1996, from which Liberians must 
have continuously resided in the United States in order to receive TPS. 
Although the Attorney General finds that conditions in Liberia warrant 
redesignation, she has determined that it is appropriate to establish a 
separate cut-off date that relates to the renewed conflict in Liberia 
during the first half of 1996. Therefore, the Attorney General is 
imposing an additional June 1, 1996, residence date requirement.

Notice of Extension of Designation of Liberia Under the Temporary 
Protected Status Program

    By the authority vested in me as Attorney General under section 244 
of the Immigration and Nationality Act, as amended, (8 U.S.C. 1254), 
and as required by subsection 244(b)(3) (A) and (C) of the Act, I have 
consulted with the appropriate agencies of the U.S. Government 
concerning: (a) The conditions in Liberia and (b) whether permitting 
nationals of Liberia (and aliens having no nationality who last 
habitually resided in Liberia) to remain temporarily in the United 
States is contrary to the national interest of the United States. From 
these consultations, I find that:

    (1) After renewed conflict in Liberia during the first half of 
1996, and ongoing insecurity, there exist extraordinary and 
temporary conditions that prevent aliens who are nationals of 
Liberia (and aliens having no nationality who last habitually 
resided in Liberia) from returning to Liberia in safety; and
    (2) Permitting nationals of Liberia (and aliens having no 
nationality who last habitually resided in Liberia) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States.

    Accordingly, extension of designation is ordered as follows:

    (1) The designation of Liberia under section 244(b) of the Act 
is extended for an

[[Page 16610]]

additional 12-month period from March 29, 1997, to March 28, 1998.
    (2) I estimate that there are approximately 4,000 nationals of 
Liberia (and aliens having no nationality who last habitually 
resided in Liberia) who have been granted Temporary Protected Status 
and who are eligible for re-registration.
    (3) In order to maintain current registration for Temporary 
Protected Status, a national of Liberia (or an alien having no 
nationality who last habitually resided in Liberia) who received a 
grant of TPS during the initial period of designation from March 27, 
1991, to March 27, 1992, must comply with the re-registration 
requirements contained in 8 CFR 244.17, formerly 8 CFR 240.17, which 
are described in pertinent part in paragraphs (4) and (5) of this 
notice.
    (4) A national of Liberia (or an alien having no nationality who 
last habitually resided in Liberia) who previously has been granted 
TPS must re-register by filing a new Application for Temporary 
Protection Status, Form I-821, together with an Application for 
Employment Authorization, Form I-765, within the 30-day period 
beginning on April 7, 1997 and ending on May 6, 1997 in order to be 
eligible for Temporary Protected Status during the period from March 
29, 1997, to March 28, 1998. Late re-registration applications will 
be allowed pursuant to 8 CFR 244.17(c), formerly 8 CFR 240.17(c).
    (5) There is no fee for Form I-821 filed as part of the re-
registration application. The fee prescribed in 8 CFR 103.7(b)(1), 
currently seventy dollars ($70), will be charged for Form I-765, 
filed by an alien requesting employment authorization pursuant to 
the provisions of paragraph (4) of this notice (unless submitted 
with a fee waiver request properly documented in accordance with 8 
CFR 244.20, formerly 8 CFR 240.20). An alien who does not request 
employment authorization must nonetheless file Form I-821 together 
with Form I-765, but in such cases both Form I-821 and Form I-765 
should be submitted without fee.
    (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before March 28, 1998, the 
designation of Liberia under the TPS program to determine whether 
the conditions for designation continue to be met. Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. If there is an extension of 
designation, late initial registration for TSP shall be allowed only 
pursuant to the requirements of 8 CFR 244.2(f)(2), formerly 8 CFR 
240.2(f)(2). Any such future determination will apply to the more 
recent Liberian TPS registrants under the TPS redesignation as well 
as the re-registrants for the TPS extension.

Notice of Redesignation of Liberia Under the Temporary Protected Status 
Program

    By the authority vested in me as Attorney General under section 244 
of the Immigration and Nationality Act, as amended, (8 U.S.C. 1254), 
and pursuant to the discretion vested in the Attorney General under 
subsection 244(b)(1) of the Act, I have consulted with the appropriate 
agencies of the U.S. Government concerning redesignation of Liberia 
under the Temporary Protected Status program. From these consultations 
I find that after renewed conflict in Liberia during the first half of 
1996, and ongoing insecurity, there exist extraordinary and temporary 
conditions that prevent aliens who are nationals of Liberia (and aliens 
having no nationality who last habitually resided in Liberia) from 
returning to Liberia in safety.
    In consideration of these consultations and other relevant factors, 
and in the exercise of my discretion, I order redesignation of Liberia 
as follows:

    (1) Liberia is redesignated under section 244(b)(1)(C) of the 
Act. Nationals of Liberia (and aliens having no nationality who last 
habitually resided in Liberia) who have ``continuously resided in 
the United States'' since June 1, 1996, and have been ``continuously 
physically present'' since April 7, 1997 may apply for Temporary 
Protected Status within the registration period which begins April 
7, 1997 and ends on October 6, 1997.
    (2) I estimate that there are no more than 5,000 nationals of 
Liberia (and aliens having no nationality who last habitually 
resided in Liberia) who are currently in nonimmigrant or unlawful 
status (in addition to the earlier Liberian TPS registrants) and 
are, therefore, eligible for Temporary Protected Status under this 
redesignation.
    (3) Except as specifically provided in this notice, application 
for TPS by nationals of Liberia (and aliens having no nationality 
who last habitually resided in Liberia) must be filed pursuant to 
the provisions of 8 CFR part 244, formerly 8 CFR 240. Aliens who 
wish to apply for TPS must file an Application for Temporary 
Protected Status, Form I-821, together with an Application for 
Employment Authorization, Form I-765, during the registration 
period, which begins on April 7, 1997 and will remain in effect 
until October 6, 1997.
    (4) A fee of fifty dollars ($50) will be charged for each 
Application for Temporary Protected Status, Form I-821, filed during 
the registration period.
    (5) The fee prescribed in 8 CFR 103.7(b)(1), which is currently 
seventy dollars ($70), will be charged for each Application for 
Employment Authorization Form I-765, filed by an alien requesting 
employment authorization. An alien who does not request employment 
authorization must nevertheless file Form I-765, together with Form 
I-821, for informational purposes, but in such cases Form I-765 
should be submitted without fee. Both Forms I-821 and I-765 may be 
submitted without the required fees if a properly documented fee 
waiver request in accordance with 8 CFR 244.20, formerly 8 CFR 
240.20, accompanies the forms.
    (6) Information concerning the TPS redesignation program for 
nationals of Liberia (and aliens having no nationally who last 
habitually resided in Liberia) will be available at local 
Immigration and Naturalization Service offices upon publication of 
this notice.

    Dated: April 1, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-8925 Filed 4-4-97; 8:45 am]
BILLING CODE 4410-01-M