[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Notices]
[Pages 46027-46029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22131]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2162-01; AG Order No. 2504-2001]

RIN 1115-AE26


Extension of the Designation of Burundi Under the Temporary 
Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The designation of Burundi under the Temporary Protected 
Status (TPS) program will expire on November 2, 2001. This notice 
extends the Attorney General's designation of Burundi under the TPS 
program for 12 months until November 2, 2002, and sets forth procedures 
necessary for nationals of Burundi (or aliens having no nationality who 
last habitually resided in Burundi) with TPS to re-register for the 
additional 12-month period. Eligible nationals of Burundi (or aliens 
having no nationality who last habitually resided in Burundi) may re-
register for TPS and an extension of employment authorization. Re-
registration is limited to persons who (1) registered during the 
initial registration period, which ended on November 3, 1998, 
registered during the re-designation registration period, which ended 
on November 2, 2000, or registered after that date under the late 
initial registration provisions; and (2) timely re-registered under 
each of any subsequent extensions. Nationals of Burundi (or aliens 
having no nationality who last habitually resided in Burundi) who 
previously have not applied for TPS may be eligible to apply under the 
late initial registration provisions.

EFFECTIVE DATES: The extension of the TPS designation for Burundi is 
effective November 2, 2001, and will remain in effect until November 2, 
2002. The 90-day re-registration period begins August 31, 2001, and 
will remain in effect until November 29, 2001.

FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, Residence and 
Status Services Branch, Adjudications, Immigration and Naturalization 
Service, Room 3214, 425 I Street, NW., Washington, DC 20536, telephone 
(202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Authority Does the Attorney General Have To Extend the 
Designation of Burundi Under the TPS Program?

    Section 244(b)(3)(A) of the Immigration and Nationality Act (Act) 
states that, at least 60 days before the end of a designation or 
extension thereof, 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). If the Attorney General does not determine that the 
foreign state no longer meets the conditions for designation, the 
period of designation is extended automatically for 6 months pursuant 
to section 244(b)(3)(C) of the Act, although the Attorney General may 
exercise his discretion to extend the designation for a period of 12 or 
18 months. 8 U.S.C. 1254a(b)(3)(C). With respect to Burundi, such an 
extension makes TPS available only to persons who have been 
continuously physically present since November 9, 1999, and have 
continuously resided in the United States since November 9, 1999.

Why Did the Attorney General Decide To Extend the TPS Designation 
for Burundi?

    On November 4, 1997, the Attorney General designated Burundi under 
the TPS program for a period of 12 months. 62 FR 59735. The Attorney 
General has since extended the TPS designation two times and 
redesignated Burundi once after determining that the conditions 
warranting such designation continued to be met each time. See 65 FR 
67404 (Nov. 9, 2000) (extension); 64 FR 61123 (Nov. 9, 1999) (extension 
and redesignation); 63 FR 59334 (Nov. 3, 1998) (extension).
    Since the date of the last extension, the Departments of Justice 
and State have continued to review conditions in Burundi. The review 
has resulted in a consensus that a further 12-month extension is 
warranted. The State Department reports that the armed conflict within 
Burundi persists: ``While negotiations yielded a framework for a peace 
in August 2000, no cease-fire is in effect and there are currently no 
negotiations between the government and rebel leaders. Ethnic violence 
and divisions over the distribution of power continue.'' Recommendation 
for Extension of Temporary Protected Status, INS/DOS Consultation for 
Burundi (July 12, 2001). Recent failed coup attempts by Tutsi military 
officers underscore the tenuousness of the situation. Id. The State 
Department also reports that one effect of the peace process in the 
Democratic Republic of

[[Page 46028]]

the Congo (DRC) has been to push rebel groups from the DRC into 
Burundi, further destabilizing the latter. Id. Unpredictable rebel 
attacks and government counter-attacks are prevalent, and serious human 
rights abuses continue to be committed by both sides. Id. The State 
Department concludes that ``Burundi is insecure throughout, and the 
prospects for a cease-fire in the near future are uncertain.'' Id.
    Based on this review, the Attorney General finds that the 
conditions that prompted designation of Burundi under the TPS program 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). The Attorney General 
concludes that the TPS designation for Burundi should be extended for a 
period of 12 months. 8 U.S.C. 1254a(b)(3)(C). There is an ongoing armed 
conflict within Burundi, and due to such conflict, requiring the return 
of aliens who are nationals of Burundi (or aliens having no nationality 
who last habitually resided in Burundi) would pose a serious threat to 
their personal safety. 8 U.S.C.1254a(b)(1)(A). Furthermore, there exist 
extraordinary and temporary conditions in Burundi that prevent 
nationals of Burundi (and aliens having no nationality who last 
habitually resided in Burundi) from returning home in safety. 8 U.S.C. 
1254a(b)(1)(C). Finally, permitting nationals of Burundi 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). On the basis of 
these findings, the Attorney General concludes that the TPS designation 
for Burundi should be extended for an additional 12-month period. 8 
U.S.C 1254a(b)(3)(C).

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

    If you have already been granted TPS through the Burundi TPS 
program, your TPS will expire on November 2, 2001. Persons previously 
granted TPS under the Burundi program may apply for an extension by 
filing (1) the Form I-821, Application for Temporary Protected Status, 
without the fee, (2) the Form I-765, Application for Employment 
Authorization, and (3) two identification photographs (1\1/2\ inches 
x  1\1/2\ inches). To determine whether you must submit the one hundred 
dollar ($100) filing fee with the Form I-765, see the chart below. 
Children beneficiaries of TPS who have reached the age of 14 but were 
not previously fingerprinted must pay the twenty-five dollar ($25) 
fingerprint fee upon their next application for extension.
    Submit the re-registration package to the Immigration and 
Naturalization Service (Service) district office that has jurisdiction 
over your place of residence during the 90-day re-registration period 
that begins August 31, 2001, and will remain in effect until November 
29, 2001.

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                    If                                  Then
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You are applying for employment             You must complete and file:
 authorization through November 2, 2002.     (1) Form I-765, Application
                                             for Employment
                                             Authorization, with the
                                             $100 fee.
You already have employment authorization   You must complete and file:
 or do not require employment                (1) Form I-765, with no
 authorization.                              filing fee.
You are applying for employment             You must complete and file:
 authorization and are requesting a fee      (1) Fee waiver request and
 waiver.                                     affidavit (and any other
                                             information) in accordance
                                             with 8 CFR 244.20, and (2)
                                             Form I-765, with no fee.
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How Does an Application for TPS Affect My Application for Asylum or 
Other Immigration Benefits?

    An application for TPS does not affect an application for asylum or 
any other immigration benefit. Denial of an application for asylum or 
any other immigration benefit does not necessarily affect disposition 
of a separate TPS application, though grounds for denying one form of 
relief may serve as the basis for denying TPS as well. For example, a 
person who has been convicted of a particularly serious crime is 
ineligible for both asylum and TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C. 
1254a(c)(2)(B).

Does This Extension Allow Nationals of Burundi (or Aliens Having No 
Nationality Who Last Habitually Resided in Burundi) Who Entered the 
United States After November 9, 1999, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Burundi, not a notice of redesignation of Burundi under the TPS 
program. An extension of TPS does not change the required dates of 
continuous residence and continuous physical presence in the United 
States and, thus, does not expand TPS availability to include nationals 
of Burundi (or aliens having no nationality who last habitually resided 
in Burundi) who have not been continuously physically present in, and 
have not continuously resided in, the United States since November 9, 
1999.

Is Late Initial Registration Possible?

    Yes. Some persons may be eligible for late initial registration 
under 8 CFR 244.2(f)(2). To apply for late initial registration an 
applicant must:
    (1) Be a national of Burundi (or an alien who has no nationality 
and who last habitually resided in Burundi);
    (2) Have been continuously physically present in the United States 
since November 9, 1999;
    (3) Have continuously resided in the United States since November 
9, 1999; and,
    (4) Be both admissible as an immigrant, except as otherwise 
provided under section 244(c)(2)(A) of the Act, and not ineligible 
under section 244(c)(2)(B) of the Act.
    Additionally, the applicant must be able to demonstrate that, 
during the redesignation registration period from November 9, 1999 
through November 2, 2000, he or she:
    (1) Was a nonimmigrant or had been granted voluntary departure 
status or any relief from removal;
    (2) Had an application for change of status, adjustment of status, 
asylum, voluntary departure, or any relief from removal or change of 
status pending or subject to further review or appeal;
    (3) Was a parolee or had a pending request for reparole; or
    (4) Was the spouse or child of an alien currently eligible to be a 
TPS registrant.
8 CFR 244.2(f)(2).
    An applicant for late initial registration must register no later 
than 60 days from the expiration or termination of the conditions 
described above. 8 CFR 244.2(g).

Notice of Extension of Designation of Burundi Under the TPS Program

    By the authority vested in me as Attorney General under sections 
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with 
the appropriate government agencies and determine that the conditions 
that prompted designation of Burundi for TPS continue to be met. 8 
U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
    (1) The designation of Burundi under section 244(b) of the Act is 
extended for an additional 12-month period from November 2, 2001 to 
November 2, 2002.
8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 1,000 nationals of 
Burundi (or aliens who have no nationality and who last habitually 
resided in Burundi) who have been granted TPS and who are eligible for 
re-registration.
    (3) In order to be eligible for TPS during the period from November 
2,

[[Page 46029]]

2001 through November 2, 2002, a national of Burundi (or an alien who 
has no nationality and who last habitually resided in Burundi) who has 
already received a grant of TPS under the Burundi TPS designation must 
re-register for TPS by filing (1) The new Form I-821, Application for 
Temporary Protected Status, (2) the Form I-765, Application for 
Employment Authorization, and (3) two identification photographs (1\1/
2\ inches  x  1\1/2\ inches) within the 90-day period beginning on 
August 31, 2001 and ending on November 29, 2001. There is no fee for a 
Form I-821 filed as part of the re-registration application. 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 the Form I-
765 along with the Form I-821, but is not required to submit the fee. 
The twenty-five dollar ($25) fingerprint fee is required only for 
children beneficiaries of TPS who have reached the age of 14 but were 
not previously fingerprinted. Failure to re-register without good cause 
will result in the withdrawal of TPS. 8 CFR 244.17(c). Some persons who 
had not previously applied for TPS may be eligible for late initial 
registration under 8 CFR 244.2(f)(2).
    (4) At least 60 days before this extension terminates on November 
2, 2002, the Attorney General will review the designation of Burundi 
under the TPS program and determine whether the conditions for 
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that 
determination, including the basis for the determination, will be 
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
    (5) Information concerning the Burundi TPS program will be 
available at local Service offices upon publication of this notice and 
on the Service website at http://www.ins.usdoj.gov.

    Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22131 Filed 8-29-01; 2:56 pm]
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