[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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