[Federal Register Volume 63, Number 187 (Monday, September 28, 1998)]
[Notices]
[Pages 51602-51603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25883]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1945-98; AG Order No. 2179-98]
RIN 1115--AE 26
Extension of Designation of Somalia Under Temporary Protected
Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice extends, until September 17, 1999, the Attorney
General's designation of Somalia under the Temporary Protected Status
(TPS) program provided for in section 244 of the Immigration and
Nationality Act, as amended (Act). Accordingly, eligible aliens who are
nationals of Somalia (or who have no nationality and who last
habitually resided in Somalia) may re-register for TPS and are eligible
for an extension of employment authorization. This re-registration is
limited to persons who registered for the initial period of TPS, which
ended on September 16, 1992.
EFFECTIVE DATE: This extension of designation is effective September
18, 1998, and will remain in effect until September 17, 1999. The re-
registration procedures become effective September 28, 1998, and will
remain in effect until October 27, 1998.
FOR FURTHER INFORMATION CONTACT:
George Raftery, Residence and Status Branch, Adjudications, Immigration
and Naturalization Service, Room 3214, 425 I Street, NW., Washington,
DC 20536, telephone (202) 305-3199.
SUPPLEMENTARY INFORMATION:
Background
Subsection 308(b)(7) of the Illegal Immigration Reform and
Immigrant Responsibility Act, Pub. L. 104-208, dated September 30,
1996, redesignated section 244A of the Act as section 244. Under this
section, the Attorney General continues to be 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.
On September 16, 1991, the Attorney General designated Somalia for
Temporary Protected Status for a period of 12 months (56 FR 46804). The
Attorney General extended the designation of Somalia under the TPS
program for additional 12-month periods until September 17, 1998 (62 FR
41421).
Based on a thorough review by the Departments of State and Justice
of all available evidence, the Attorney General finds that the ongoing
armed conflict in Somalia continues and that, due to such armed
conflict, extension of the designation of Somalia for TPS is required.
This notice extends the designation of Somalia under the Temporary
Protected Status program for an additional 12 months, from September
18, 1998, to September 17, 1999, in accordance with subsections
244(b)(3)(A) and (C) of the Act. This notice also describes the
procedures with which eligible aliens who are nationals of Somalia (or
who have no nationality and who last habitually resided in Somalia)
must comply in order to re-register for TPS.
In addition to timely re-registrations and late re-registrations
authorized by this notice's extension of Somalia's TPS designation,
late initial registrations are possible under 8 CFR 244.2(f)(2) for
some nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia). Such late initial registrants must have
been ``continuously physically present'' and have ``continuously
resided'' in the United States since September 16, 1991, must have had
a valid immigrant or nonimmigrant status during the original
registration period or have had an application for such status pending
during the original registration period, and must register no later
than 30 days from the expiration of such status or the denial of the
application for such status.
An application for TPS does not preclude or adversely affect an
application for asylum or any other immigration benefit. Any national
of Somalia (or alien having no nationality who last habitually resided
in Somalia) who is otherwise eligible for TPS and has applied for, or
plans to apply for, asylum, but who has not yet been granted asylum or
withholding of removal may also apply for TPS.
Nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) who have been continuously physically
present and have continuously resided in the United States since
September 16, 1991, may
[[Page 51603]]
re-register for TPS within the registration period which begins on
September 28, 1998, and ends on October 27, 1998. This notice concerns
``extension of TPS designation,'' not ``redesignation of TPS.'' An
extension of TPS designation does not change the eligibility
requirements for TPS, including the required dates of continuous
residence and continuous physical presence in the United States.
Nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) may register for TPS by filing an
Application for Temporary Protected Status, Form I-821, which requires
a filing fee (instructions regarding the payment of fees for re-
registration are contained in paragraph 5 of this notice). 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. TPS applicants who
already have employment authorization, including some asylum
applicants, and those who have no need for employment authorization,
including minor children, need pay only the I-821 fee, although they
must complete and file the I-765. In all other cases, the appropriate
filing fee must accompany Form I-765, unless a properly documented fee
waiver request under 8 CFR 244.20 is submitted to the Immigration and
Naturalization Service.
Notice of Extension of Designation of Somalia Under the Temporary
Protected Status Program
By the authority vested in me as Attorney General under section 244
of the Act (8 U.S.C. 1254), and pursuant to subsections 244(b)(3) (A)
and (C) of the Act, I had consultations with the appropriate agencies
of the Government concerning whether the conditions under which Somalia
was designated for TPS continue to exist. As a result of those
consultations, I determine that the conditions for the original
designation of Temporary Protected Status for Somalia continue to be
met. Accordingly, it is ordered as follows:
(1) The designation of Somalia under subsection 244(b) of the Act
is extended for an additional 12-month period for September 18, 1998,
to September 17, 1999.
(2) I estimate that there are approximately 350 nationals of
Somalia (and aliens having no nationality who last habitually resided
in Somalia) 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 Somalia (or an alien having no
nationality who last habitually resided in Somalia) who received a
grant of TPS during the initial period of designation, from September
16, 1991, to September 16, 1992, must comply with the re-registration
requirements contained in 8 CFR 244.17, which are described in
pertinent part in paragraphs (4) and (5) of this notice.
(4) A national of Somalia (or an alien having no nationality who
last habitually resided in Somalia) who previously has been granted TPS
and has re-registered annually must re-register by filing a new
Application for Temporary Protected Status, Form I-821, along with an
Application for Employment Authorization, Form I-765, within the 30-day
period beginning on September 28, 1998, and ending on October 27, 1998,
in order to be eligible for Temporary Protected Status during the
period from September 18, 1998, until September 17, 1999. Late re-
registration may be allowed when good cause is shown for a failure to
timely re-register pursuant to 8 CFR 244.17(c).
(5) There is no fee for Form I-821 filed as part of the re-
registration application. A Form I-765 must be filed with the Form I-
821. If the alien requests employment authorization for the extension
period, the fee prescribed in 8 CFR 103.7(b)(1), currently seventy
dollars ($70), or a properly documented fee waiver request pursuant to
8 CFR 244.20, must accompany the Form I-765. An alien who does not
request employment authorization must nonetheless file Form I-765 along
with Form I-821, but in such cases no fee will be charged.
(6) Pursuant to subsection 244(b)(3)(A) of the Act, the Attorney
General will review, at least 60 days before September 17, 1999, the
designation of Somalia 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.
(7) Information concerning the TPS program for nationals of Somalia
(and aliens having no nationality who last habitually resided in
Somalia) will be available at local Immigration and Naturalization
Service offices upon publication of this notice.
Dated: September 21, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-25883 Filed 9-25-98; 8:45 am]
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