[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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