[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61125-61128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29247]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2024-99; AG Order No. 2273-99]
RIN 1115-AE26


Extension and Redesignation of Sierra Leone Under the Temporary 
Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: On November 4, 1997, the Attorney General designated Sierra 
Leone under the Temporary Protected Status (TPS) program for a period 
of twelve months. This initial designation allowed eligible nationals 
of Sierra Leone (and aliens having no nationality who last habitually 
resided in Sierra Leone) who had continuously resided in the United 
States since that date to apply for TPS. This initial designation, 
which expired November 3, 1998, was extended last year. This notice 
extends the TPS designation for Sierra Leone for another twelve-month 
period (until November 2, 2000), and sets forth the procedures 
necessary for nationals of Sierra Leone (and aliens having no 
nationality who last habitually resided in Sierra Leone) with TPS to 
re-register for TPS program. This notice also redesignates Sierra Leone 
under the TPS program, thereby expanding TPS edibility to include 
nationals of Sierra Leone (and aliens having no nationality who last 
habitually resided in Sierra Leone) who have been ``continuously 
present in the United States'' and who have ``continuously resided in 
the United States'' since November 9, 1999.

EFFECTIVE DATE: 

Extension of Designation and Re-Registration

    The TPS extension is effective on November 3, 1999, and lasts until 
November 2, 2000. Nationals of Sierra Leone (and aliens having no 
nationality who last habitually resided in Sierra Leone) who currently 
have TPS must re-register for TPS during the period lasting from 
November 9, 1999, until December 9, 1999.

Redesignation

    The redesignation of Sierra Leone for TPS is effective from 
November 9, 1999,

[[Page 61126]]

until November 2, 2000. The TPS registration period for nationals of 
Sierra Leone (and aliens who last habitually resided in Sierra Leone) 
who do not currently have TPS begins November 9, 1999, and will remain 
in effect until November 2, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst, 
Immigration and Naturalization Service, Room 3040, 425 I Street, NW., 
Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION: 

What Is the Statutory Authority for the Attorney General To Extend 
Sierra Leone's TPS Designation Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act (the 
Act) states that at least 60 days before the end of a designation, the 
Attorney General must review conditions in the foreign state for which 
the designation is in effect. 8 U.S.C. 1254a(b)(3)(A). Under Section 
244(b)(3)(C), the Attorney General may extend the initial TPS period 
based on a determination that the foreign state continues to meet the 
conditions for designation. 8 U.S.C. 1254(b)(3)(C). Through such an 
extension, however, TPS continues to be available only to aliens who 
have been continuously physically present and who have continuously 
resided in the United States from the effective date of the initial 
designation, in this case since November 4, 1997.

What Is the Statutory Authority for the Attorney General To 
Redesignate Sierra Leone Under the TPS Program?

    Section 244(b)(1) of the Act implicitly permits the Attorney 
General to redesignate a foreign state (or any part of such foreign 
state) under the TPS program such that non-covered aliens residing in 
the United States could receive TPS benefits, instead of simply 
extending a foreign state's TPS designation and thereby extending 
benefits to previously eligible aliens. 8 U.S.C. 1254(b)(1). An alien 
is eligible for TPS if he or she is otherwise admissible, and ``has 
been continuously physically present since and has continually resided 
in the United States since the effective date of the most recent 
designation of that state.'' 8 U.S.C. 1254(c)(1)(A)(i).

Why Did the Attorney General Decide To Both Extend and Redesignate 
Sierra Leone Under the TPS Program?

    On November 4, 1997, the Attorney General designated Sierra Leone 
under the TPS program. Since that date, the Attorney General and the 
Department of State have continuously examined conditions in Sierra 
Leone. A recent Department of State report on conditions in that 
country found that, ``[a]lthough the Lome Accord was signed in early 
July [1999], Sierra Leone cannot yet be considered at peace. The 
implementation of the Accord is not going according to plan.'' The 
memorandum further states that ``[r]ebel forces continue to control 
much of the interior. According to the [United Nations], nearly one-
third (1.5 million) of the country's 4.6 million people have been 
displaced from their homes, including 500,000 refugees now in 
neighboring countries.'' Based on these and other findings, the 
Attorney General has determined that conditions in Sierra Leone warrant 
the extension and redesignation of Sierra Leone under the TPS program. 
This order will extend the availability of TPS to eligible nationals of 
Sierra Leone (and aliens having no nationality who last habitually 
resided in Sierra Leone) who arrived in the United States after the 
date of initial designation.

If I Currently Have TPS Through the Sierra Leone TPS Program, Do I 
Still Need To Re-Register for TPS?

    Yes. If you were granted TPS based on the initial designation of 
Sierra Leone, your protected status will expire on November 3, 1999. 
Accordingly, you must reregister for TPS in order to maintain your 
status through November 2, 2000. With re-registration, you do not need 
to pay the fifty-dollar ($50) filing fee for the Form I-821, 
Application for Temporary Protected Status. If you do not have TPS or 
have TPS but miss the re-registration period, you can still apply for 
TPS under the redesignation, if you have been continuously physically 
present and have continuously resided in the United States since 
November 9, 1999. See the registration instructions below for complete 
filing instructions.

If I Currently Have TPS, How Do I Register for an Extension?

    All applicants previously granted TPS under the Sierra Leone 
program may apply for an extension by filing a Form I-821 (without the 
fee) during the re-registration period that begins November 9, 1999 and 
ends December 9, 1999. Additionally, you must file a Form I-765, 
Application for Employment Authorization. See Chart 1 below to 
determine whether or not you must submit the one-hundred dollar ($100) 
filing fee with the Form I-765.

                                 Chart 1
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                   If                                  Then
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You are applying for employment          You must complete and file the
 authorization through November 2, 2000.  Form I-765, Application for
                                          Employment Authorization, with
                                          the one-hundred dollar ($100)
                                          fee.
You already have employment              You must complete and file the
 authorization or do not request          Form I-765, Application for
 employment authorization.                Employment Authorization,
                                          without a fee.
You are applying for employment          You must complete and file Form
 authorization and are requesting a fee   I-765, an appropriately
 waiver.                                  documented fee waiver request,
                                          and the requisite affidavit
                                          (and any other information),
                                          in accordance with 8 CFR
                                          244.20.
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To re-register for TPS, you also must include two identification 
photographs (1\1/2\'' x 1\1/2\''.

If I Do Not Currently Have TPS, How Do I Register?

    All applicants filing for TPS under the Sierra Leone redesignation 
who have not previously been granted TPS must apply by filing Form I-
821 and the fifty-dollar ($50) fee. Additionally, you must submit Form 
I-765 and a twenty-five dollar ($25) fingerprinting fee. See Chart 2 
below to determine if you must also submit the one-hundred dollar 
($100) filing fee for Form I-765 and to obtain information on 
requesting a fee waiver.

[[Page 61127]]



                                 Chart 2
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                   If                                  Then
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You already have employment              You must complete and file the
 authorization or do not request          Form I-765, Application for
 employment authorization.                Employment Authorization,
                                          without a fee.
You are requesting a fee waiver for the  You must complete and file Form
 $50 fee of the Form I-821, $100 fee      I-821, Form I-765, and an
 for the Form I-765, and $25              appropriately documented fee
 fingerprinting fee.                      waiver request and the
                                          affidavit (and any other
                                          information), in accordance
                                          with 8 CFR 244.20.
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To register for TPS, you also must include two identification 
photographs (1\1/2\'' x 1\1/2\'') and supporting evidence, as provided 
in 8 CFR 244.9 (evidence of identity, nationality, and proof of 
residence).

When Must I Re-Register for TPS Under the Extension?

    For nationals of Sierra Leone (and aliens having no nationality who 
last habitually resided in Sierra Leone) who currently have TPS, the 
re-registered period begins November 9, 1999 and lasts until December 
9, 1999. If you have TPS from the original designation but do not file 
during the re-registration period, you can still file a new application 
for TPS under the redesignation. If you are filing a new application, 
you will need to follow the instructions for applying under the 
redesignation.

When Must I Register for TPS Under the Redesignation?

    The registration period for nationals of Sierra Leone applying for 
TPS under the redesignation begins November 9, 1999, and will remain in 
effect until November 2, 2000.

Where Must I File My Application for TPS Under This Extension and 
Redesignation?

    Applicants seeking to register for TPS or to extend their TPS must 
submit an application and accompanying materials to the Immigration and 
Naturalization Service (INS) district office that has jurisdiction over 
the applicant's place of residence.

What Are the Requirements for Nationals of Sierra Leone To 
Demonstrate That They Have Been ``Continuously Physically Present'' 
and Have ``Continuously Resided'' in the United States?

    All new applicants for TPS under the Sierra Leone redesignation 
will have to demonstrate ``continuous physical presence'' and 
``continuous residence'' in the United States since November 9, 1999. 
``Continuously physically present'' means actual physical presence in 
the United States for the entire period specified. An alien, however, 
shall not be considered to have failed to maintain continuous physical 
presence in the United States by virtue of a brief, casual, and 
innocent absence. ``Continuously resided'' means residing in the United 
States for the entire period specified. An alien will not be considered 
to have failed to maintain continuous residence in the United States by 
reason of a brief, casual, and innocent absence.

Notice of Extension of Designation and Redesignation of Sierra 
Leone Under the TPS Program

    By the authority vested in me as Attorney General under section 244 
of the Act, and as required by sections 244(b)(3)(A) and (C), and 
244(b)(1) of the Act, I have consulted with the appropriate government 
agencies concerning the redesignation of Sierra Leone under the TPS 
program and the extension of that country's current designation. From 
these consultations, I find the following:
    (1) There exists an ongoing armed conflict in Sierra Leone and a 
return of aliens who are nationals of Sierra Leone (and aliens having 
no rationality who last habitually resided in Sierra Leone) would pose 
a serious threat to their personal safety as a result of the armed 
conflict in that nation;
    (2) There exist extraordinary and temporary conditions in Sierra 
Leone that prevent aliens who are nationals of Sierra Leone (and aliens 
having no nationality who last habitually resided in Sierra Leone) from 
returning to Sierra Leone in safety; and
    (3) Permitting nationals of Sierra Leone (and aliens having no 
nationality who last habitually resided in Sierra Leone) to remain 
temporarily in the United States is not contrary to the national 
interest of the United States. 8 U.S.C. 1254a (b)(1)(A) and (C).
    Accordingly, I order as follows:
    (1) The designation of Sierra Leone is extended under section 
244(b)(3)(A) and (C) of the Act for the 12-month period spanning from 
November 3, 1999, to November 2, 2000. 8 U.S.C. 1254(b)(3) (A) and (C). 
Nationals of Sierra Leone (and aliens having no nationality who last 
habitually resided in Sierra Leone) who received TPS during the initial 
designation period may apply for an extension of the TPS during the 
registration period lasting from November 9, 1999 until December 9, 
1999.
    (2) Sierra Leone is redesignated under section 244(b)(1) of the Act 
for TPS for a twelve-month period, until November 2, 2000. 8 U.S.C. 
1254a(b)(1). Nationals of Sierra Leone (and aliens having no 
nationality who last habitually resided in Sierra Leone) who have been 
``continuously physically present'' and have ``continuously resided'' 
in the United States since November 9, 1999, may apply for TPS within 
the registration period, which begins November 9, 1999, and ends 
November 2, 2000.
    (3) I estimate that there are no more than 3,000 nationals of 
Sierra Leone who have been granted TPS and who are eligible for re-
registration and no more than 2,000 nationals of Sierra Leone who do 
not have TPS and are eligible for TPS under this redesignation.
    (4) In order to maintain TPS, a national of Sierra Leone (or an 
alien having no nationality who last habitually resided in Sierra 
Leone) who currently has TPS must re-register by filing Form I-821, 
together with Form I-765, within the period beginning November 9, 1999 
and ending on December 9, 1999. Late re-registration applications will 
be allowed pursuant to 8 CFR 244.17(c). There is no fee for a 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 applicant requests employment 
authorization, he or she must submit one-hundred dollars ($100) or a 
properly documented fee waiver request, pursuant to 8 CFR 244.20, with 
the Form I-765. An applicant who does not request employment 
authorization must nonetheless file Form I-765 along with Form I-821, 
but is not required to submit the fee.
    (5) A national of Sierra Leone (or an alien having no nationality 
who last habitually resided in Sierra Leone) filing for TPS under the 
redesignation must file Form I-821, together with Form I-765, within 
the period beginning November 9, 1999, and ending on

[[Page 61128]]

November 2, 2000. A fifty-dollar ($50) fee must accompany Form I-821. A 
twenty-five dollar ($25) fingerprinting fee must also be submitted. If 
the applicant requests employment authorization, he or she must submit 
one hundred dollars ($100) or a properly documented fee waiver request, 
pursuant to 8 CFR 244.20, with the Form I-765. An applicant who does 
not request employment authorization must nonetheless file Form I-765 
along with Form I-821, but is not required to submit the fee. The 
applicant can also request a fee waiver for the twenty-five dollar 
($25) fee.
    (6) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before November 2, 2000, the 
designation of Sierra Leone under the TPS program to determine whether 
the conditions for designation continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Notice of that determination will be published in the 
Federal Register. If there is an extension of designation, late initial 
registration for TPS will be allowed only pursuant to the requirements 
of 8 CFR 244.2(f)(2).
    (7) Information concerning the redesignation of Sierra Leone under 
the TPS program will be available at local INS offices upon publication 
of this notice.

    Dated: November 2, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-29247 Filed 11-8-99; 8:45 am]
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