[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51958-51959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26033]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1953-98; AG Order No. 2181-98]
RIN 1115-AE26


Redesignation of Liberia Under Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice redesignates Liberia under the Temporary Protected 
Status (TPS) program in accordance with section 244(b)(1) of the 
Immigration and Nationality Act, as amended (the Act). 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 register for TPS.
    The Attorney General initially designated Liberia for TPS effective 
March 7, 1991, and redesignated Liberia for TPS effective April 7, 
1997. The designation and redesignation expired on September 28, 1998. 
This new redesignation of Liberia makes TPS available to eligible 
Liberian TPS applicants who have continuously resided in the United 
States since September 29, 1998, and who have been continuously 
physically present in the United States since September 29, 1998.

EFFECTIVE DATE: This Liberian TPS redesignation is effective from 
September 29, 1998, until September 28, 1999. The registration period 
for this redesignation begins on September 29, 1998 and will remain in 
effect until March 29, 1999.

FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Program Analyst, Immigration and Naturalization 
Service, Room 3214, 425 I Street, NW., Washington, DC 20536, telephone 
(202) 514-3228.

SUPPLEMENTARY INFORMATION:

Background

Statutory Provisions for Redesignation of TPS

    Section 308(a)(7) of Pub. L. 104-132 renumbered section 244A of the 
Act. Under this section, renumbered as section 244 of the Act (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.
    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 designate 
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 that state.'' (Emphasis added.) This provision thus 
explicitly contemplates more than one designation.
    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. Section 244(c)(1)(A)(I) of the Act. 
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. Section 244(c)(1)(A)(ii) of the Act.
    The required September 29, 1998, residence date will apply to all 
applicants. Certain trips from the United States after September 29, 
1998, will be allowed under the definitions of ``continuously 
physically present'' and ``continuous residence.'' See definitions at 8 
CFR 244.1, formerly 8 CFR 240.1.
    The initial registration period for this TPS redesignation 
continues from September 29, 1998 until March 29, 1999, in accordance 
with the required 180-day minimum period. Section 244(c)(1)(A)(iv) of 
the Act.

Redesignation 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 additional periods, with the last extension valid 
until September 28, 1998. On March 31, 1998, the Attorney General 
published a Notice of Termination of Designation of Liberia under the 
TPS program effective September 28, 1998. 63 FR 15437. This 
determination was based on the understanding that the Department of 
State would review security conditions in Liberia prior to the 
September 28, 1998, expiration date of the TPS designation and 
redesignation for Liberia. The recent recurrence of armed conflict in 
Liberia and the Department of State review of conditions has caused the 
Attorney General to reconsider TPS status for Liberia and recommend the 
redesignation of TPS for Liberia.
    In her discretion, the Attorney General has determined that, in 
light of renewed conflict in Liberia, the temporary conditions that 
exist in Liberia warrant redesignation. Therefore, pursuant to section 
244(b)(1) of the Act, this notice grants Liberia a redesignation of 
TPS.
    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, September 29, 1998.

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

[[Page 51959]]

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, due to 
renewed conflict in Liberia 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 September 29, 1998, and have been ``continuously 
physically present'' since [September 29, 1998, whichever is later] may 
apply for Temporary Protected Status within the registration period 
which begins September 29, 1998 and ends on March 29, 1999.
    (2) I estimate that there are no more than 10,000 nationals of 
Liberia (and aliens having no nationality who last habitually resided 
in Liberia) who are currently in nonimmigrant or unlawful status 
(including the earlier Liberian TPS registrants) and are, therefore, 
eligible for Temporary Protected Status under this redesignation.
    (3) Except as specifically provided in this notice, applications 
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 September 
29, 1998 and will remain in effect until March 29, 1999.
    (4) The Attorney General has determined that there will be no fee 
for an Application for Temporary Protected Status, Form I-821, filed in 
connection with this redesignation of Liberia under the TPS program.
    (5) TPS registrants must submit a Form I-765 along with Form I-821 
as part of the registration process. If a TPS registrant intends to 
work, he or she must obtain employment authorization. The filing fee 
for all Employment Authorization Documents (Forms I-765) received by 
the Service before October 13, 1998, is seventy dollars ($70). On 
October 13, 1998, the Immigration and Naturalization Service will 
implement a revised fee schedule and the prescribed fee for all Forms 
I-765, received by the Service on or before October 13, 1998, will be 
on hundred dollars ($100). Form I-765 may be submitted without the 
required fee if a properly documented fee waiver requests in accordance 
with 8 CFR 244.20, formerly 8 CFR 240.20, accompanies the form.
    (6) Information concerning the TPS redesignation program for 
nationals of Liberia (and aliens having no nationality who last 
habitually resided in Liberia) will be available at local Immigration 
and Naturalization Service offices upon publication of this notice.

    Dated: September 24, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-26033 Filed 9-28-98; 8:45 am]
BILLING CODE 4410-01-M