[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45685-45686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23118]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS. No. 1878-97; AG Order No. 2112-97]
RIN 1115-AE26


Designation of Montserrat Under Temporary Protected Status

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: Under section 244 of the Immigration and Nationality Act (the 
Act), the Attorney General is authorized to grant Temporary Protected 
Status (TPS) in the United States to eligible nationals of designated 
foreign states (or to eligible aliens who have no nationality and who 
last habitually resided in a designated state) upon a finding that such 
states are experiencing ongoing civil strife, environmental disaster, 
or certain other extraordinary and temporary conditions. This notice 
designates Montserrat for TPS pursuant to section 244(b)(1) of the Act.

EFFECTIVE DATES: This designation is effective on August 28, 1997 and 
will remain in effect until August 27, 1998.

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

SUPPLEMENTARY INFORMATION: Subsection 308(b)(7) of Pub. L. 104-208 
(September 30, 1996) renumbered section 244A of the Act as section 244.

[[Page 45686]]

Under this section, the Attorney General is authorized to grant TPS 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 certain other extraordinary and temporary 
conditions that prevent nationals or residents of the country from 
returning in safety.
    Montserratians desiring safe haven in the United States should 
apply for Temporary Protected Status during the initial registration 
period being announced now, unless they would be eligible for late 
initial registration under 8 CFR 244.2(f)(2) and they choose to wait. 
This recommendation applies to any Montserratian who has already 
applied for, or plans to apply for, asylum but whose asylum application 
has not yet been adjudicated.
    An application for Temporary Protected Status does not preclude or 
adversely affect an application for asylum or any other immigration 
benefit. Regardless of the denial of an application for asylum or 
another immigration benefit, Montserratians who apply for TPS during 
the initial registration period would remain eligible to re-register if 
the designation of TPS is extended. However, without a TPS application 
during the initial registration period, only those Montserratians who 
satisfy the requirements for late initial registration under 8 CFR 
244.2(f)(2) would be eligible for TPS registration during an extension 
of designation.
    Montserratians who already have employment authorization, including 
some asylum applicants, and Montserratians who have no need for 
employment authorization, including minor children, may register for 
TPS by filing an Application for Temporary Protected Status, Form I-
821, which requires a filing fee. The Application for Temporary 
Protected Status, Form I-821, must always be accompanied by an 
Application for Employment Authorization, Form I-765, which is required 
for data-gathering purposes. The appropriate filing fee must accompany 
Form I-765, unless a properly documented fee waiver request is 
submitted under 8 CFR 244.20 to the Immigration and Naturalization 
Service or the applicant does not wish to obtain employment 
authorization.

Notice of Designation of Montserrat Under 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. 1254a), I 
find, after consultation with the appropriate agencies of the 
Government, that:
    (1) Since July 1995, Montserrat (with a total land area of only 100 
square kilometers) has been endangered by an active volcano, which has 
affected the entire island and its residents. The volcano's eruptions 
have forced the evacuation of more than half the island, closed the 
airport, stopped most seaport activities, and destroyed three-fourths 
of the infrastructure of the island;
    (2) There has been an environmental disaster in Montserrat 
resulting in a substantial, but temporary, disruption of living 
conditions on Montserrat;
    (3) The government of Montserrat officially has requested 
designation of Montserrat for TPS;
    (4) There exist extraordinary and temporary conditions in 
Montserrat that prevent aliens who are nationals of Montserrat (and 
aliens having no nationality who last habitually resided in Montserrat) 
from returning to Montserrat in safety; and
    (5) Permitting nationals of Montserrat (and aliens having no 
nationality who last habitually resided in Montserrat) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States. Accordingly, it is ordered as follows:
    (1) Montserrat is designated under sections 244(b)(1)(B) and (C) of 
the Act. Nationals of Montserrat (and aliens having no nationality who 
last habitually resided in Montserrat) who have been ``continuously 
physically present'' since August 28, 1977 and have ``continuously 
resided in the United States'' since August 22, 1997, may apply for 
Temporary Protected Status within the registration period which begins 
on August 28, 1997 and ends on August 27, 1998.
    (2) I estimate that there are approximately 1,000 nationals of 
Montserrat (and aliens having no nationality who last habitually 
resided in Montserrat) who are currently in nonimmigrant or unlawful 
status and who are eligible for Temporary Protected Status.
    (3) Except as specifically provided in this notice, applications 
for TPS by nationals of Montserrat (and aliens having no nationality 
who last habitually resided in Montserrat) must be filed pursuant to 
the provisions of 8 CFR part 244. 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 August 28, 1997 and 
will remain in effect until August 27, 1998.
    (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 will be 
without fee.
    (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before August 27, 1998, the 
designation of Montserrat under the TPS program to determine whether 
the conditions for designation continue to exist. 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 TPS shall only be allowed 
pursuant to the requirements of 8 CFR 244.2(f)(2).
    (7) Information concerning the TPS program for nationals of 
Montserrat (and aliens having no nationality who last habitually 
resided in Montserrat) will be available at local Immigration and 
Naturalization Service offices upon publication of this notice.

    Dated: August 26, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-23118 Filed 8-27-97; 8:45 am]
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