[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Notices]
[Pages 52789-52791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22138]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2079-00; AG Order No. 2321-2000]
RIN 1115-AE 26


Termination of Bosnia-Herzegovina Under the Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The Attorney General's designation of Bosnia-Herzegovina for 
Temporary Protected Status (TPS) expires on August 10, 2000. After 
reviewing country conditions and consulting with the appropriate 
Government agencies, the Attorney General has determined that 
conditions in Bosnia-Herzegovina no longer support TPS designation. 
However, because this determination was not made at least 60 days 
before the termination date, the designation of Bosnia-Herzegovina for 
TPS is automatically extended for a period of 6 months, valid until 
February 10, 2001. The termination of the TPS designation of Bosnia-
Herzegovina will therefore take effect on February 10, 2001. After that 
date, aliens who are nationals of Bosnia-Herzegovina (and aliens having 
no nationality who last habitually resided in Bosnia-Herzegovina) who 
have been granted TPS under the Bosnia-Herzegovina designation will no 
longer possess such status. This notice contains information regarding 
the 6-month extension and subsequent termination of the TPS designation 
for Bosnia-Herzegovina.

DATES: The TPS designation for Bosnia-Herzegovina is extended until 
February 10, 2001. On February 10, 2001, the TPS designation for 
Bosnia-Herzegovina will be terminated. The re-registration period for 
the default 6-month extension begins August 30, 2000 and ends September 
29, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications 
Officer, Office of Adjudications, 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 Designation and Termination 
of TPS?

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Attorney General is authorized to designate a foreign 
state (or part of a state for TPS. The Attorney

[[Page 52790]]

General may then grant TPS to eligible nationals of that foreign state 
(or aliens having no nationality who last habitually resided in that 
state). Section 244(b)(3)(A) of the Act requires the Attorney General 
to review, at least 60 days before the end of the TPS designation, the 
conditions in a foreign state designated under section 244(b)(1) of the 
Act. 8 U.S.C. 1254a(b)(3)(A).
    Section 244(b)(3) of the Act further requires the Attorney General 
to determine whether the conditions for such a designation continue to 
be met and to terminate the state's designation when the Attorney 
General determines conditions are no longer met. 8 U.S.C. 
1254a(b)(3)(A), (B). The Attorney General must then publish a notice of 
termination in the Federal Register. If the Attorney General fails to 
make the determination required by section 244(b)(3)(A) of the Act at 
least 60 days before the end of the period of designation, then the 
designation is automatically extended for an additional period of 6 
months. 8 U.S.C. 1254a(b)(3)(C).

Why Did the Attorney General Decide To Terminate TPS for Bosnia-
Herzegovina?

    On August 11, 1999, the Attorney General published a notice in the 
Federal Register extending TPS for Bosnia-Herzegovina for a period of 1 
year, based upon conditions in Bosnia-Herzegovina at that time. 64 FR 
43720 (Aug. 11, 1999). That TPS designation is scheduled to expire on 
August 10, 2000.
    Based upon a more recent review of conditions within Bosnia-
Herzegovina by the Departments of Justice and State, the Attorney 
General finds that conditions no longer support a TPS designation. 
Since June 10, 1999, when Serb forces withdrew from northern Kosovo and 
the North Atlantic Treaty Organization suspended its airstrikes, 
Bosnia-Herzegovina has been relatively peaceful, with the exception of 
occasional and isolated outbreaks of violence. In addition, major 
infrastructure improvements have recently begun in Bosnia-Herzegovina 
and democratic elections are planned for later this year.
    A Department of State memorandum concerning Bosnia-Herzegovina 
states that, ``Bosnia and Herzegovina is now experiencing unprecedented 
spontaneous return of its nationals (of all three ethnic groups) from 
neighboring countries. This spontaneous return suggests that large and 
increasing numbers of Bosnians themselves have concluded that it is 
safe enough to return.''
    Based on these findings, the Attorney General has decided to 
terminate the designation of Bosnia-Herzegovina for TPS. However, since 
the Attorney General did not make this determination at least 60 days 
before the end of the current designation, the designation is 
automatically extended by section 244(b)(3)(C) of the Act for an 
additional 6 months. The termination will therefore take effect at the 
end of the 6-month extension.

If I Currently Have TPS, how do I Register for the 6-Month 
Extension?

    Persons previously granted TPS under the Bosnia-Herzegovina 
designation may apply for the 6-month extension by filing the Form I-
821, Application for Temporary Protected Status, without the fee, 
during the re-registration period that begins August 30, 2000 and ends 
September 29, 2000. Additionally, those applying must file the Form I-
765, Application for Employment Authorization. See the chart below to 
determine whether or not you must submit the $100 filing fee with the 
Form I-765.

----------------------------------------------------------------------------------------------------------------
                          If--                                                    Then--
----------------------------------------------------------------------------------------------------------------
You are applying for employment authorization through    You must complete and file the Form I-765, Application
 February 10, 2001.                                       for Employment Authorization, with the one-hundred
                                                          dollar ($100) fee.
You already have employment authorization or do not      You must complete and file the Form I-765 with no fee.
 require employment authorization.
You are applying for employment authorization and are    You must complete and file the Form I-765, a fee waiver
 requesting a fee waiver.                                 request, and the requisite affidavit (and any other
                                                          information), in accordance with 8 CFR 244.20.
----------------------------------------------------------------------------------------------------------------

    To re-register for TPS, you must also include two identification 
photographs (1\1/2\"  x  1\1/2\").

Is Late Registration Possible?

    Yes, in addition to timely re-registration, late initial 
registration is possible for some persons from Bosnia-Herzegovina under 
8 CFR 244.2(f)(2).

What Are the Requirements for Late Initial Registration?

    To apply for late initial registration an applicant must:
     Be a national of Bosnia-Herzegovina (or an alien having no 
nationality who last habitually resided in Bosnia-Herzegovina);
     Have been continuously physically present in the United 
States since August 10, 1992;
     Have continuously resided in the United States since 
August 10, 1992; and
     Be admissible as an immigrant, except as otherwise 
provided in section 244(c) of the Act.
    Additionally, the applicant for late initial registration must be 
able to demonstrate that, during the initial registration period, he or 
she:
     Was a nonimmigrant, or was granted voluntary departure or 
any relief from removal;
     Had an application for change of status, adjustment of 
status, asylum, voluntary departure, or any relief from removal pending 
or subject to further review;
     Was a parolee or had a pending request for reparole; or
     Is the spouse or child of an alien currently eligible to 
be a TPS registrant.
    An applicant for late initial registration must register no later 
than 60 days from the expiration or termination of the qualifying 
condition.

Where Should I File for an Extension of TPS?

    You may register for the extension of TPS by submitting an 
application and accompanying materials to the Immigration and 
Naturalization Service's local office that has jurisdiction over your 
place of residence.

When can I File for an Extension of TPS?

    The 30-day re-registration period begins August 30, 2000, and will 
remain in effect until September 29, 2000.

What Can I do if I Feel that my Return to Bosnia-Herzegovina is 
unsafe?

    There may be other avenues of immigration protection or relief 
available to aliens who are nationals of Bosnia-Herzegovina (and aliens 
having no nationality who last habitually

[[Page 52791]]

resided in Bosnia-Herzegovina) in the United States who believe that 
their particular circumstances make return to Bosnia-Herzegovina 
unsafe. Such avenues may include, but are not limited to, asylum or 
withholding or removal.

How Does the Termination of TPS Affect Former TPS Beneficiaries?

    After the designation of Bosnia-Herzegovina for TPS is terminated 
on February 10, 2001, those aliens who are nationals of Bosnia-
Herzegovina (and aliens having no nationality who last habitually 
resided in Bosnia-Herzegovina) will revert back to the immigration 
status they had prior to TPS, unless they have been granted another 
immigration status. The stay of removal and eligibility for employment 
authorization due to the designation of Bosnia-Herzegovina for TPS will 
no longer be available. The termination of the TPS designation for 
Bosnia-Herzegovina, however, will not affect any pending applications 
for other forms of immigration relief.
    Those persons who were granted TPS under the Bosnia-Herzegovina 
designation may begin accruing unlawful presence as of February 10, 
2001, if they have not been granted any other immigration benefit or 
have no application for such a benefit pending. Aliens who accrue 
certain periods of unlawful presence in the United States may be barred 
from admission to the United States under section 212(a)(9)(B)(i) of 
the Act. See 8 U.S.C. 1182(a)(9)(B)(i).

Notice of 6-month Extension and Termination of Designation of 
Bosnia-Herzegovina Under the TPS Program

    By the authority vested in me as Attorney General under section 
244(b)(3) of the Act, I have consulted with the appropriate agencies of 
Government concerning conflict and security conditions in Bosnia-
Herzegovina. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have 
determined that Bosnia-Herzegovina no longer meets the conditions for 
designation of TPS under section 233(b)(1) of the Act. See 8 U.S.C. 
1254a(b)(1).
    I understand that, although Bosnia-Herzegovina is still rebuilding 
from the war, persons can return to Bosnia-Herzegovina in safety. In 
view of the recommendations of the Departments of Justice and State for 
termination, I terminate the designation of Bosnia-Herzegovina under 
the TPS program. However, Since I did not make this determination at 
least 60 days before the expiration of the designation, the designation 
is automatically extended for 6 months, until February 10, 2001.
    Accordingly, I order as follows:
    (1) The designation of Bosnia-Herzegovina for TPS under section 
244(b) of the Act is terminated effective February 10, 2001.
    (2) I estimate that there are no more than 400 nationals of Bosnia-
Herzegovina (and aliens having no nationality who last habitually 
resided in Bosnia-Herzegovina) who have been previously granted TPS.
    (3) Information concerning the termination of the TPS program for 
nationals of Bosnia-Herzegovina (and aliens having no nationality who 
last habitually resided in Bosnia-Herzegovina) will be available at 
local Service offices upon publication of this notice or at the 
Service's website at http://www.ins.usdoj.gov.

    Dated: August 23, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-22138 Filed 8-29-00; 8:45 am]
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