[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Notices]
[Pages 61128-61130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29249]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 2023-99; AG Order No. 2272-99]
RIN 1115-AE26


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

EFFECTIVE DATES:

Extension of Designation and Re-Registration

    The extension of Sudan's TPS designation is effective from November 
3, 1999, until November 2, 2000. Nationals of Sudan (and aliens having 
no nationality who last habitually resided in Sudan) 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 Sudan for TPS is effective from November 9, 
1999, until November 2, 2000. The TPS registration period for nationals 
of Sudan (and aliens who last habitually resided in Sudan) begins on 
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. 1254(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 
Sudan Under the TPS Program?

    On November 4, 1997, the Attorney General designated Sudan under 
the TPS program. Since that date, the Attorney General and the 
Department of State have continuously examined conditions in Sudan. A 
recent Department of State report on conditions in that country found 
that, ``[i]n Sudan, the long-running civil war continues, causing 
extensive displacement of populations and human rights abuses directed 
at the displaced.'' The report also notes that recent statistics show 
marked increases in both the number and approval of individual asylum 
claims and Sudanese refugee resettlement in the United States. The 
findings that these individual Sudanese will face harm upon return to 
Sudan supports the need to extend and offer TPS to those Sudanese who 
have arrived in the United States since November 4, 1997. Based on 
these and other findings, the Attorney General has determined that 
conditions in Sudan warrant the extension and redesignation of Sudan 
under the TPS program. This order will extend the availability of TPS 
to eligible nationals of Sudan (and aliens having no nationality who 
last habitually resided in Sudan) who arrived in the United States 
after the date of initial designation.

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

    Yes. If you were granted TPS based on the initial designation of 
Sudan, your

[[Page 61129]]

protected status will expire on November 3, 1999. Accordingly, you must 
re-register 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 Sudan 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
                                          (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 Sudan 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 the 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.

                                 Chart 2
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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 requesting a fee waiver for the  You must complete and file Form
 $50 fee for 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 Sudan (and aliens having no nationality who last 
habitually resided in Sudan) who already have TPS, the re-registration 
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 TBS Under the Redesignation.

    The registration period for nationals of Sudan 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 Sudan To Demonstrate 
That They Have Been ``Continuously Physically Present'' and Have 
``Continuously Resided'' in the United States?

    All new applicants for TPS under the Sudan 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

[[Page 61130]]

maintain continuous residence in the United States by reason of a 
brief, casual, and innocent absence.

Notice of Extension of Designation and Redesignation of Sudan 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 Sudan 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 Sudan and that a 
return of aliens who are nationals of Sudan (and aliens having no 
nationality who last habitually resided in Sudan) 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 Sudan 
that prevent aliens who are nationals of Sudan (and aliens having no 
nationality who last habitually resided in Sudan) from returning to 
Sudan in safety; and
    (3) Permitting nationals of Sudan (and aliens having no nationality 
who last habitually resided in Sudan) 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 Sudan is extended under sections 
244(b)(3)(A) and (C) of the Act for the twelve-month period spanning 
from November 3, 1999, to November 2, 2000. 8 U.S.C. 1254a(b)(3)(A) and 
(C). Nationals of Sudan (and aliens having no nationality who last 
habitually resided in Sudan) who received TPS during the initial 
designation period may apply for an extension of TPS during the 
registration period lasting from November 9, 1999 until December 9, 
1999.
    (2) Sudan is redesignated under section 244(b)(1) of the Act for 
TPS until November 2, 2000. 8 U.S.C. 1254a(b)(1). Nationals of Sudan 
(and aliens having no nationality who last habitually resided in Sudan) 
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 1,000 nationals of Sudan 
who have been granted TPS and who are eligible for re-registration, and 
no more than 500 nationals of Sudan who do not have TPS and are 
eligible for TPS under this redesignation.
    (4) In order to maintain TPS, a national of Sudan (or an alien 
having no nationality who last habitually resided in Sudan) 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 Sudan (or an alien having no nationality who last 
habitually resided in Sudan) 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 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 a 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 Sudan 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 Sudan 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. 99-29249 Filed 11-8-99; 8:45 am]
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