[Federal Register Volume 66, Number 171 (Tuesday, September 4, 2001)]
[Notices]
[Pages 46288-46290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22152]



[[Page 46288]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2151-01; AG Order No. 2506-2001]
RIN 1115-AE26


Extension and Redesignation of Somalia under Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: On September 16, 1991, the Attorney General designated Somalia 
under the Temporary Protected Status (TPS) program for a 12-month 
period that expired on September 16, 1992. That initial designation 
allowed eligible nationals of Somalia (and aliens having no nationality 
who last habitually resided in Somalia) who had continuously resided in 
the United States since September 16, 1991, to apply for TPS. That 
initial designation has been extended each subsequent year. Presently, 
TPS for Somalia is scheduled to expire on September 17, 2001.
    This notice extends the TPS designation for Somalia for another 12-
month period (until September 17, 2002) and sets forth the procedures 
by which nationals of Somalia (and aliens having no nationality who 
last habitually resided in Somalia) who previously registered for TPS 
may re-register for the TPS program.
    This notice also redesignates Somalia under the TPS program, 
thereby expanding TPS eligibility to include nationals of Somalia (and 
aliens having no nationality who last habitually resided in Somalia) 
who, among other requirements described in this notice, have been 
``continuously physically present in the United States'' since 
September 4, 2001.

EFFECTIVE DATES:   
    Extension of designation and reregistration. The extension of 
Somalia's TPS designation is effective September 17, 2001, and will 
remain in effect until September 17, 2002. Nationals of Somalia (and 
aliens having no nationality who last habitually resided in Somalia) 
who are currently registered under the TPS program must reregister 
during the 90-day period from September 4, 2001 until December 3, 2001.
    Redesignation. The redesignation of Somalia under the TPS program 
is effective September 4, 2001 and will remain in effect until 
September 17, 2002. The registration period for TPS under the 
redesignation begins on September 4, 2001 and will remain in effect 
until September 17, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Peters, Program Analyst, 
Residence and Status Services, Adjudications Division, Immigration and 
Naturalization Service, 425 I Street, NW, Room 3040, Washington, DC 
20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What is the statutory authority for the Attorney General to extend 
Somalia's TPS designation 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 any 
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 under this 
section that the foreign state no longer meets the conditions for 
designation, the period of designation is automatically extended for 6 
months pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C. 
1254a(b)(3)(C). The period of designation may, however, be extended for 
a period of 12 or 18 months at the Attorney General's discretion. 8 
U.S.C. 1254a(b)(3)(C). Such an extension makes TPS available only to 
persons who have been continuously physically present in, and who have 
continuously resided in, the United States from the effective date of 
the initial designation, in this case, since September 16, 1991.

What is the statutory authority for the Attorney General to redesignate 
Somalia for TPS?

    Section 244 of the Act implicitly authorizes the Attorney General 
to redesignate a foreign state (or part of such foreign state) under 
the TPS program. Whereas extension of an existing TPS designation 
extends benefits only to those who previously registered for TPS under 
the earlier designation, redesignation broadens the potential class of 
TPS beneficiaries. Redesignation expands TPS eligibility to include 
both those who were present in the United States before the effective 
date of the earlier designation but failed to register during the 
earlier designation period and those who arrived in the United States 
after the effective date of the earlier designation, but on or before, 
the effective date of the re-designation. 8 U.S.C. 1254a(c)(1)(A).

Why did the Attorney General decide both to extend Somalia's 
designation and to redesignate Somalia under the TPS program?

    On September 16, 1991, the Attorney General designated Somalia 
under the TPS program. Since that time, the Attorney General and the 
Department of State have continuously examined conditions in Somalia. A 
recent Department of State report on conditions in Somalia found that 
``[o]pen conflict remains a fact of life in southern Somalia, where 
numerous actors compete for land and power. While northern regions of 
Somalia are relatively stable and peaceful, their security is 
jeopardized by the instability in the [S]outh.'' The report further 
states that ``[t]he current security situation in southern Somalia 
makes the return of Somalis from the United States dangerous. Major 
regions of the country are under the control of bandits and the 
population is beyond the reach of the rule of law. The country's 
nascent institutions are not able to adequately address the demands of 
a ravaged population, nor would they be able to document or accommodate 
a large volume of returns. Somalis within the country rely on family 
connections and collective security for survival. New arrivals, outside 
this network, would be vulnerable in the extreme.''
    The Resource Information Center of the Immigration and 
Naturalization Service (Service) recently prepared a report that 
concludes that ``[f]ighting occurred in Mogadishu this March on the 
largest scale in years. Gunmen continue to ambush civilians and 
political figures alike.'' According to the report, ``[k]idnappings 
occur frequently, and with no functioning government-wide judicial 
system crimes are often ignored. Drought, malnutrition, and cholera 
continue to ravage the country.''
    Based on these findings, the Attorney General has determined that 
conditions in Somalia warrant both the extension and redesignation of 
Somalia under the TPS program. This order will extend TPS for those 
nationals of Somalia (and aliens having no nationality who last 
habitually resided in Somalia) who registered under the initial 
designation of TPS, while also opening the program to both those who 
failed to register during the intial designation period and those who 
arrived in the United States after the effective date of the earlier 
designation, but on or before the effective date of redesignation. 8 
U.S.C. 1254a(c)(1)(A).

[[Page 46289]]

If I currently have TPS through the Somalia TPS program, do I still 
need to reregister for TPS?

    Yes. If you currently have TPS through the Somalia TPS program, 
your status will expire on September 17, 2001. Accordingly, you must 
reregister for TPS in order to maintain your status through September 
17, 2002. See the reregistration instructions below.

If I am currently registered for TPS, how do I reregister for an 
extension?

    All persons previously granted TPS under the Somalia program who 
wish to maintain such status must apply for an extension by filing the 
following: (1) A Form I-821, without the $50 filing fee, (2) a Form I-
765, Application for Employment Authorization, and (3) two 
identification photographs (1\1/2\ inches  x  1\1/2\ inches). See Chart 
1 below to determine whether you must submit the $100 filing fee with a 
Form I-765. Children who are beneficiaries of TPS and who have reached 
the age of 14, but who were not previously fingerprinted, must pay the 
$25 fingerprint fee upon their next application for extension.

         Chart 1.--Filing Fee for Form I-765 Under TPS Extension
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                   If                                  Then
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You are applying for employment          You must complete and file:
 authorization through September 17,     Form I-765, Application for
 2002.                                    Employment Authorization, with
                                          the $100 filing fee.
You already have employment              You must complete and file:
 authorization or do not require         (1) Form I-765, with no filing
 employment authorization.                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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    Submit the completed forms and applicable fee, if any, to the 
Immigration and Naturalization Service district office having 
jurisdiction over your place of residence during the 90-day 
reregistration period that begins on September 4, 2001 and ends on 
December 3, 2001 (inclusive of such end date).
    If you fail to reregister during the 90-day reregistration period, 
you may apply for TPS under the redesignation, as described below.

If I am not currently registered for TPS, how do I register under the 
redesignation?

    Applicants who are not currently registered for TPS may register 
under the redesignation by submitting:
    (1) A Form I-821, Application for Temporary Protected Status, with 
the $50 processing fee or a request for a fee waiver;
    (2) A Form I-765, Application for Employment Authorization;
    (3) Two identification photographs (1\1/2\ x 1\1/2\ inches);
    (4) Supporting evidence, as provided in 8 CFR 244.9 (describing 
evidence necessary to establish eligibility for TPS benefits); and
    (5) For every applicant who is 14 years of age or older, a $25 
fingerprint fee. 8 CFR 244.6.
    Although a complete application must include the fingerprint fee 
for every applicant who is 14 years of age or older, applicants should 
not submit a completed fingerprint card (FD-258, Applicant Card) with 
the application package. The application will be accepted without the 
fingerprint card attached. After the Service receives the application, 
the Service will mail an appointment letter with instructions to appear 
for fingerprinting at a Service-authorized site. See Chart 2 below to 
determine what fees must be submitted with the application package and 
to obtain information on requesting a fee waiver(s).
    Submit the completed forms and applicable fees to the Service 
district office having jurisdiction over your place of residence during 
the registration period that begins September 4, 2001 and ends 
September 17, 2002 (inclusive of such end date).

    Chart 2.--Filing Fees for Form I-821 and Form I-765 Under TPS Re-
                               Designation
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                   If                                  Then
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You are applying for TPS and employment  You must complete and file:
 authorization through September 17,     (1) Form I-821, Application for
 2002.                                    Temporary Protected Status,
                                          with fee ($50).
                                         (2) Form I-765, Application for
                                          Employment Authorization, with
                                          fee ($100), and
                                         (3) Fingerprint fee ($25).
You already have employment              You must complete and file:
 authorization or do not require         (1) Form I-821, with fee ($50).
 employment authorization.               (2) Form I-765, with no fee,
                                          and
                                         (3) Fingerprint fee ($25).
You are applying for TPS and employment  You must complete and file:
 authorization and are requesting a fee  (1) Fee waiver request and
 waiver for the Form I-821 fee ($50),     affidavit (and any other
 or Form I-765 fee ($100).                information) in accordance
                                          with 8 CFR 244.20,
                                         (2) Form I-821, with no fee,
                                         (3) Form I-765, with no fee,
                                          and
                                         (4) Fingerprint fee ($25).
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[[Page 46290]]

What are the requirements for nationals of Somalia (or persons who have 
no nationality and who last habitually resided in Somalia) to 
demonstrate that they have been ``continuously physically present'' and 
have ``continuously resided'' in the United States?

    All applicants for TPS must demonstrate that they have been 
``continuously physically present,'' and have ``continuously resided,'' 
in the United States since September 4, 2001. ``Continuously physically 
present'' means actual physical presence in the United States for the 
entire period specified. An applicant shall not be considered to have 
failed to maintain continuous physical presence in the United States by 
virtue of ``brief, casual, and innocent absence's, as the phrase is 
defined in 8 CFR 244.1. ``Continuously resided'' means residing in the 
United States for the entire period specified. An applicant will not be 
considered to have failed to maintain continuous residence in the 
United States by reason of a brief, casual, and innocent absence or due 
merely to a brief, temporary trip abroad required by emergency or 
extenuating circumstances outside the control of the applicant.
    For new applicants who seek to register for the first time under 
the redesignation of Somalia for TPS, 8 CFR 244.9 provides a non-
exhaustive list of documents that applicants may use to demonstrate 
their identity, nationality, and residency.
    For those individuals who previously registered for TPS and who 
seek to reregister under the extension of TPS for Somalia, completing 
the block on the Form I-821 attesting to the continued maintenance of 
the conditions of eligibility will generally preclude the need for 
supporting documents or evidence. The Service, however, reserves the 
right to request additional information and/or documentation on a case-
by-case basis.

Notice of Extension of Designation and Re-Designation of Somalia 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 Somalia under the TPS program 
and the extension of that state's current TPS designation. Based on 
these consultations, I find the following:
    (1) There exist extraordinary and temporary conditions in Somalia 
that prevent aliens who are nationals of Somalia (and aliens having no 
nationality who last habitually resided in Somalia) from returning to 
Somalia in safety; and
    (2) Permitting nationals of Somalia (and aliens having no 
nationality who last habitually resided in Somalia) to remain 
temporarily in the United States is not contrary to the national 
interest of the United State. 8 U.S.C. 1254a(b)(1)(C).
    Accordingly, I order as follows:
    (1) The designation of Somalia is extended for the 12-month period 
spanning from September 17, 2001, to September 17, 2002. 8 U.S.C. 
1254a(b)(3)(A) and (C). Nationals of Somalia (and aliens having no 
nationally who last habitually resided in Somalia) who received TPS 
during the initial designation period may apply for an extension of TPS 
during the 90-day reregistration period from September 4, and December 
3, 2001.
    (2) Somalia is redesignated for TPS for the period effective from 
September 4, 2001 until September 17, 2002. 8 U.S.C. 1254a(b) (2). 
Nationals of Somalia (and aliens having no nationality who last 
habitually resided in Somalia) who have been ``continuously physically 
present'' and have ``continuously resided'' in the United States on or 
before September 4, 2001 may apply for TPS within the registration 
period, which begins September 4, 2001 and ends on September 17, 2002 
(inclusive of such end date).
    (3) I estimate that there are approximately 300 nationals of 
Somalia (or aliens who have no nationality and who last habitually 
resided in Somalia) who were granted TPS and are eligible for 
reregistration, and no more than 7,000 nationals of Somalia (or aliens 
who have no nationality and who last habitually resided in Somalia) who 
are not currently registered for TPS, but who are eligible for TPS 
under this re-designation.
    (4) In order to maintain TPS, a national of Somalia (or an alien 
having no nationality who last habitually resided in Somalia) who is 
currently registered for TPS must reregister by filing the Form I-821, 
together with the Form I-765, and two identification photographs (1\1/
2\ inches by 1\1/2\ inches) within the 90-day period beginning 
September 4, 2001 and ending on December 3, 2001 (inclusive of such end 
date). There is no fee for a Form I-821 filed as part of the 
reregistration application. A Form I-765 must be filed with the Form I-
821. If the applicant requests employment authorization, he or she must 
submit $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 $25 
fingerprint fee is required only for children who are beneficiaries of 
TPS who have reached the age of 14 but were not previously 
fingerprinted.
    (5) A national of Somalia (or an alien having no nationality who 
last habitually resided in Somalia) applying for TPS under the 
redesignation must file the Form I-821, Form I-765, two identification 
photographs (1\1/2\ inches by 1\1/2\ inches), and all supporting 
evidence within the period beginning September 4, 2001 and ending on 
September 17, 2002. A $50 fee must accompany the Form I-821. If the 
applicant requests employment authorization, he or she must submit a 
$100 fee with the Form I-765. A $25 fingerprinting fee must also be 
submitted for every applicant who is 14 years of age or older. 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 $100 fee for the Form I-765. The applicant may 
request a waiver of the fee(s) in accordance with 8 CFR 244.20.
    (6) Pursuant to section 244(b) (3) (A) of the act, I will review, 
at least 60 days before September 17, 2002, the designation of Somalia 
under the TPS program to determine whether the conditions for 
designation continue to be met.
    (7) Information concerning the extension and redesignation of 
Somalia under the TPS program will be available upon publication of 
this notice at local Service offices and on the Service website at 
http://www.ins.usdoj.gov.

    Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22152 Filed 8-31-01; 8:45 am]
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