[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Notices]
[Pages 55877-55879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22211]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2226-02; AG Order No. 2611-2002]
RIN 1115-AE26


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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: The designation of Sudan under the Temporary Protected Status 
(TPS) program will expire on November 2, 2002. This notice extends the 
Attorney General's designation of Sudan under the TPS program for 12 
months until November 2, 2003, and sets forth procedures necessary for 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) with TPS to re-register for the additional 12-month 
period. Eligible nationals of Sudan (or aliens having no nationality 
who last habitually resided in Sudan) may re-register for TPS and an 
extension of employment authorization. Re-registration is limited to 
persons who 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 who 
timely re-registered under each subsequent extension. Nationals of 
Sudan (or aliens having no nationality who last habitually resided in 
Sudan) 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 Sudan is 
effective November 2, 2002, and will remain in effect until November 2, 
2003. The 60-day re-registration period begins on August 30, 2002, and 
will remain in effect until October 29, 2002.

FOR FURTHER INFORMATION CONTACT: Pearl Chang, 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 Sudan 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 continues to meet 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 to 18 months. 8 U.S.C. 1254a(b)(3)(C)

Why did the Attorney General decide to extend the TPS designation for 
Sudan?

    On November 4, 1997, the Attorney General designated Sudan under 
the TPS program for a period of 12 months. 62 FR 59737. The Attorney 
General has since extended the TPS designation three times and 
redesignated Sudan once, after determining each time that the 
conditions warranting such designation continued to be met. See 66

[[Page 55878]]

FR 46031 (August 31, 2001) (extension); 65 FR 67407 (November 9, 2000) 
(extension); 64 FR 61128 (November 9, 1999) (extension and 
redesignation); and 63 FR 59337 (November 3, 1998) (extension).
    Since the date of the last extension, the Departments of Justice 
and State have continued to review conditions in Sudan. The Department 
of State reports that ``[c]ivil war continues to endanger thousands of 
Sudanese civilians. Despite cease-fire arrangements in the Nuba 
Mountains and periodically in Bahr el Ghazal, fighting between 
government and rebel forces has intensified in several regions, 
especially those rich in oil. The Western Upper Nile region is of 
particular concern. Peace negotiations recently began between the 
government and rebel leaders; however, past efforts have led to 
repeated failures. The government's human rights record remains 
extremely poor, and includes extrajudicial killings, disappearances, 
arbitrary arrest and detention, rape, slavery, forced labor, forced 
conscription of male children, and severely restricted freedom of 
assembly, association, religion, speech, and movement. Rebel groups 
also are responsible for serious human rights abuses, including 
extrajudicial killings, beatings, rapes, arbitrary detention, and 
forced conscription of boys.'' State Department Report (July 1, 2002) 
(State Department Report). The Department of State concludes that 
``Sudan's civil war threatens civilians both directly, as they suffer 
violent attacks, abductions and forced displacement from both sides of 
the conflict, and indirectly, as looting and attacks on humanitarian 
operations endanger their food security and health.'' Id.
    Likewise, the Resource Information Center of the Immigration and 
Naturalization Service (INS/Service) recently reported that 
``[a]lthough a window of opportunity exists to end Sudan's long 
internal conflict, and [despite] efforts to broker confidence-building 
agreements between the government and the opposition Sudan People's 
Liberation Movement/Army (SPLM/A), no end to the war appears in sight. 
Intensified conflict, particularly in oil-producing areas of the south, 
has contributed to serious human rights violations and a worsening in 
the conditions of life for people living in these areas.'' The INS 
Resource Information Center Report (July 3, 2002) (RIC Report). The 
United Nations Special Rapporteur on Human Rights in Sudan reported in 
January 2002 that ``the overall human rights situation has not 
improved.'' Report of Special Rapporteur, U.N. Commission on Human 
Rights (Jan. 23, 2002). The Sudanese Government has forcibly removed 
tens of thousands of southern Sudanese from oilfield areas to make the 
areas safe from attack, denied humanitarian agencies access to 
vulnerable people in rebel-held areas, and on many occasions bombed 
civilians waiting to receive humanitarian assistance. RIC Report. The 
United Nations Office for the Coordination of Humanitarian Affairs 
(OCHA) reported in November 2001 that the armed conflict ``continues to 
create widespread displacement of civilian populations, destroy 
infrastructure, and obliterate assets such as livestock and crops. 
Agricultural and pastoral activities among farming communities are 
continually disrupted in the areas of conflict, including during the 
all-important planting and harvesting seasons. In these and other areas 
the vagaries of climate and weather impose further pressures trough 
drought and flood, giving rise to tension and conflict through 
competition for scarce resources of food, water, and pasture for 
livestock.'' UN OCHA Report (Nov. 26, 2001).
    Based on this review, the Attorney General finds that the 
conditions that prompted designation of Sudan under the TPS program 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed 
conflict within Sudan and, due to such conflict, requiring the return 
of aliens who are nationals of Sudan (or aliens having no nationality 
who last habitually resided in Sudan) would pose a serious threat to 
their personal safety. 8 U.S.C. 1254a(b)(3)(A). Furthermore, there 
exist extraordinary and temporary conditions in Sudan that prevent 
nationals of Sudan (and aliens having no nationality who last 
habitually resided in Sudan) from returning home in safety. 8 U.S.C. 
1254a(b)(1)(C). Finally, permitting nationals of 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). On the basis of 
these findings, the Attorney General concludes that the TPS designation 
for Sudan should be extended for a period of 12 months.

If I currently have TPS through the Sudan TPS program, must I still re-
register for TPS?

    Yes. If you already have received TPS benefits through the Sudan 
TPS program, your benefits will expire on November 2, 2002. 
Accordingly, you must re-register for TPS in order to maintain your 
benefits through November 2, 2003. See the following re-registration 
instructions. The TPS benefits include temporary protection against 
removal from the United States, as well as work authorization, during 
the TPS designation period and any extension thereof. 8 U.S.C. 
1254a(a)(1).

If I am currently registered for TPS, how do I re-register for an 
extension?

    Persons previously granted TPS under the Sudan program may apply 
for an extension by filing (1) Form I-821, Application for Temporary 
Protected Status, without the fee; (2) 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 and twenty dollar ($120) 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 fifty 
dollar ($50) fingerprint fee upon their next application for extension.
    Submit the re-registration package and applicable fee, if any, to 
the Service district office that has jurisdiction over your place of 
residence during the 60-day re-registration period that begins August 
30, 2002, and will remain in effect until October 29, 2002.

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                   If                                  Then
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You are applying for an Employment       You must complete and file Form
 Authorization Document that is valid     I-765, Application for
 through November 2, 2003 . . .           Employment Authorization, with
                                          the $120 fee.
You already have an Employment           You must complete and file Form
 Authorization Document or do not         I-765, with no filing fee.
 require such a document. . .
You are applying for an Employment       You must complete and file: (1)
 Authorization Document and are           Form I-765, with no fee and
 requesting a fee waiver. . .             (2) a fee waiver request and
                                          affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20.
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[[Page 55879]]

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. A national of Sudan (or alien having no 
nationality who last habitually resided in Sudan) who is otherwise 
eligible for TPS and has applied for, or plans to apply for, asylum but 
who has not yet been granted asylum or withholding of removal, may also 
apply for TPS. Denial of an application for asylum or any other 
immigration benefit does not affect an applicant's eligibility to apply 
for TPS, although the grounds for denying one form of relief may also 
be grounds for denying TPS. For example, a person who has been 
convicted of a particularly serious crime is not eligible for asylum or 
TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i).

Does This Extension Allow Nationals of Sudan (or Aliens Having No 
Nationality Who Last Habitually Resided in Sudan) 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 
Sudan, not a notice of redesignation of Sudan 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. This 
extension does not expand Sudan availability to those who are not 
already TPS class members. To be eligible for benefits under this 
extension, nationals of Sudan (or aliens having no nationality who last 
habitually resided in Sudan) must have been continuously physically 
present and 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 Sudan (or an alien who has no nationality and 
who last habitually resided in Sudan);
    (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 also 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 file an application 
for late registration within a 60-day period immediately following the 
expiration of termination of the conditions described above. 8 CFR 
244.2(g).

Notice of Extension of Designation of Sudan 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 Sudan for TPS continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Accordingly, I order as follows:
    (1) The designation of Sudan under section 244(b) of the Act is 
extended for an additional 12-month period from November 2, 2002, 
through November 2, 2003. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 552 nationals of Sudan 
(or aliens who have no nationality and who last habitually resided in 
Sudan) who are eligible for re-registration.
    (3) To maintain TPS, a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan) who previously has 
applied for or received TPS benefits must re-register for TPS during 
the 60-day re-registration period from August 30, 2002 until October 
29, 2002.
    (4) To re-register, the applicant must file the following: (1) Form 
I-821, Application for Temporary Protected Status; (2) Form I-765, 
Application for Employment Authorization; and (3) two identification 
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a 
Form I-821 filed as part of the re-registration application. If the 
applicant requests employment authorization documentation, he or she 
must submit one hundred and twenty dollars ($120) 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 
documentation must nonetheless file Form I-765 along with Form I-821, 
but is not required to submit the fee. The fifty dollar ($50) 
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.
    (5) Information concerning the Sudan TPS program will be available 
at local Service offices upon publication of this notice and the INS 
National Customer Service Center at 1-800-375-5283. This information 
will also be published on the INS Web site at http://www.ins.usdoj.gov.

    Dated: August 26, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-22211 Filed 8-29-02; 8:45 am]
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