[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Notices]
[Pages 46648-46651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20172]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

[CIS No. 2285-03]
RIN 1650-AB06


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

AGENCY: Bureau of Citizenship and Immigration Services, Homeland 
Security.

ACTION: Notice.

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SUMMARY: The designation of Liberia under the Temporary Protected 
Status (TPS) Program will expire on October 1, 2003. This notice 
extends the Secretary of Homeland Security's designation of Liberia for 
12 months until October 1, 2004, and sets forth procedures necessary 
for nationals of Liberia (or aliens having no nationality who last 
habitually resided in Liberia) with TPS to re-register and to apply for 
an extension of their employment authorization documentation for the 
additional 12-month period. Re-registration is limited to persons who 
registered under the initial designation (for which the registration 
period ended on April 1, 2003). Certain nationals of Liberia (or aliens 
having no nationality who last habitually resided in Liberia) who 
previously have not applied for TPS may be eligible to apply under the 
late initial registration provisions.

EFFECTIVE DATES: The extension of Liberia's TPS designation is 
effective October 1, 2003, and will remain in effect until October 1, 
2004. The 60-day re-registration period begins August 6, 2003 and will 
remain in effect until October 6, 2003.

FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Residence and Status 
Services, Office of Programs and Regulations, Bureau of Citizenship and 
Immigration Services, Department of Homeland Security, 425 ``I'' 
Street, NW., Room 3040, Washington, DC 20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION: 

[[Page 46649]]

What Authority Does the Secretary of the Department of Homeland 
Security Have To Extend the Designation of Liberia Under the TPS 
Program?

    On March 1, 2003, the functions of the Immigration and 
Naturalization Service (Service) transferred from the Department of 
Justice to the Department of Homeland Security (DHS) pursuant to the 
Homeland Security Act of 2002, Public Law 107-296. The responsibilities 
for administering the TPS program held by the Service were transferred 
to the Bureau of Citizenship and Immigration Services (BCIS).
    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of DHS, after consultation with appropriate 
agencies of the Government, is authorized to designate a foreign state 
or (part thereof) for TPS. The Secretary of DHS 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 Secretary of DHS to 
review, at least 60 days before the end of the TPS designation or any 
extension thereof, the conditions in a foreign state designated under 
the TPS program to determine whether the conditions for a TPS 
designation continue to be met and, if so, the length of an extension 
of TPS. 8 U.S.C. 1254a(b)(3)(A). If the Secretary of DHS determines 
that the foreign state no longer meets the conditions for TPS 
designation, he shall terminate the designation, as provided in section 
244(b)(3)(B) of the Act. 8 U.S.C. 1254a(b)(3)(B). Finally, if the 
Secretary of DHS does not determine that a foreign state (or part 
thereof) no longer meets the conditions for designation at least 60 
days before the designation or extension is due to expire, section 
244(b)(3)(C) of the Act provides for an automatic extension of TPS for 
an additional period of 6 months (or, in the discretion of the 
Secretary of DHS, a period of 12 or 18 months). 8 U.S.C. 
1254a(b)(3)(C).

Why Did the Secretary of DHS Decide To Extend the TPS Designation for 
Liberia?

    On October 1, 2002, the Attorney General published a notice in the 
Federal Register designating Liberia under the TPS program for a period 
of 12 months based upon an ongoing armed conflict in Liberia. 67 FR 
61665. Since the date of the designation, the Department of Homeland 
Security and Department of State (DOS) have continued to review 
conditions in Liberia. A 12-month extension is warranted due to ongoing 
armed conflict within Liberia that would pose a serious threat to the 
personal safety of returning nationals of Liberia.
    Fighting between government security forces and the Liberians 
United for Reconciliation and Democracy (LURD) rebels has intensified 
in western Liberia over the last three years and recently reached 
heightened levels. DOS Recommendation (June 4, 2003). The newly emerged 
rebel force Movement for Democracy in Liberia (MODEL) is now active in 
eastern Liberia, opening a second front. Id. Fighting has spread to 10 
of Liberia's 13 counties. Id. Rebel groups currently control between 40 
and 60 percent of the territory of Liberia. BCIS Resource Information 
Center (RIC) Report (June 17, 2003). The rebels, who want to oust 
President Charles Taylor, have stepped up their attacks and recently 
reached the capital, Monrovia. DOS Recommendation; United Nations News 
Service (July 21, 2003).
    According to a February 2003 report from the United Nations (U.N.) 
Secretary-General, the situation in Liberia ``remains extremely 
volatile, with the rebels reportedly in control of several towns and 
cities.'' RIC Report. The U.N. Secretary General's representative also 
stated that the ``security situation had deteriorated progressively 
since the start of the year and the trend would continue unless 
concerted action was taken to bring about a ceasefire between 
government troops and rebels of the * * * LURD.'' Id.
    All sides in Liberia have engaged in atrocities against civilians. 
DOS Recommendation. Civilians are directly threatened by the various 
fighting forces, all of whom continue to commit serious human rights 
abuses, including extrajudicial killings, disappearances, torture, 
forced military recruitment of children and adults, beatings, and rape. 
Id. Fighting between government and rebel forces also poses a threat. 
Id.
    Civilians suffer increasingly from deteriorating humanitarian 
conditions related to the fighting. Id. Several areas of the country 
are inaccessible to relief organizations. Id. The U.N. Secretary 
General observed that the ``security situation in Liberia has 
deteriorated so badly that it has become extremely difficult to reach 
internally displaced persons and third-country refugees who have now 
fallen victim to abductions, conscriptions, and various gross 
violations of human rights.'' RIC Report. Liberia's internally 
displaced persons (IDP) population has swelled from about 200,000 to 
300,000 since January 2003. DOS Recommendation. There are now 55,000 
Liberian refugees in Sierra Leone, 130,000 in Guinea, and 30,000 in 
Ivory Coast. Id. Liberia's vital services, such as food, water, 
sanitation, shelter, and health, are on the verge of collapse. Id.
    Based upon this review, the Secretary of DHS, after consultation 
with appropriate Government agencies, finds that the conditions that 
prompted designation of Liberia under the TPS program continue to be 
met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed conflict within 
Liberia and, due to such conflict, requiring the return of aliens who 
are nationals of Liberia (or aliens having no nationality who last 
habitually resided in Liberia) would pose a serious threat to their 
personal safety. 8 U.S.C. 1254a(b)(1)(A). On the basis of these 
findings, the Secretary of DHS concludes that the TPS designation for 
Liberia should be extended for an additional 12-month period. 8 U.S.C. 
1254a(b)(3)(C).

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

    Yes. If you already have received TPS benefits through the Liberia 
TPS program, your benefits will expire on October 1, 2003. Accordingly, 
individual TPS beneficiaries must comply with the re-registration 
requirements described below in order to maintain their TPS benefits 
through October 1, 2004. TPS benefits include temporary protection 
against removal from the United States, as well as employment 
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?

    All persons previously granted TPS under the Liberia program who 
wish to maintain such status must apply for an extension by filing (1) 
a Form I-821, Application for Temporary Protected Status, without the 
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 the chart below to determine whether you must submit the one 
hundred and twenty dollar ($120) filing fee with Form I-765. Applicants 
for an extension of TPS benefits do not need to be re-fingerprinted and 
thus need not pay the $50 fingerprint fee. Children beneficiaries of 
TPS who have reached the age of fourteen (14) but were not previously 
fingerprinted must pay the fifty dollar ($50) fingerprint fee with the 
application for extension.
    An application submitted without the required fee and/or photos 
will be returned to the applicant. Submit the

[[Page 46650]]

completed forms and applicable fee, if any, to the BCIS District Office 
having jurisdiction over your place of residence during the 60-day re-
registration period that begins August 6, 2003 and ends October 6, 
2003.

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                If . . .                            Then . . .
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You are applying for employment          You must complete and file the
 authorization until October 1, 2004.     Form I-765, Application for
                                          Employment Authorization, with
                                          the $120 fee.
You already have employment              You must complete and file Form
 authorization or do not require          I-765 with no fee.\1\
 employment authorization.
You are applying for employment          You must complete and file: (1)
 authorization and are requesting a fee   Form I-765 and (2) a fee
 waiver.                                  waiver request and affidavit
                                          (and any other information) in
                                          accordance with 8 CFR 244.20.
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\1\ An applicant who does not seek employment authorization
  documentation does not need to submit the $120 fee, but must still
  complete and submit Form I-765 for data gathering purposes.

If My Application for TPS Is Still Pending, How Can I Renew My 
Employment Authorization Document?

    If your application for TPS is still pending and you wish to 
receive or renew your employment authorization document, you must file 
with the BCIS District Office having jurisdiction over your place of 
residence (1) a Form I-821 without the filing fee, (2) a Form I-765, 
and (3) two identification photographs (1\1/2\ inches x 1\1/2\ inches). 
See the chart above to determine whether you must submit the one 
hundred and twenty ($120) filing fee with Form I-765. An application 
submitted without the required filing fee or photos will be returned to 
the applicant.

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, and vise versa. Denial of an application 
for asylum or any other immigration benefit does not affect an 
applicant's TPS eligibility, 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)(A)(ii); 8 U.S.C. 
1254a(c)(2)(B)(ii).

Does This Extension Allow Nationals of Liberia (or Aliens Having No 
Nationality Who Last Habitually Resided in Liberia) Who Entered the 
United States After October 1, 2002, To File for TPS?

    No. This is a notice of an extension of TPS, not a notice of re-
designation of Liberia 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 
TPS availability to those who are not already TPS class members. To be 
eligible for benefits under this extension, nationals of Liberia (or 
aliens having no nationality who last habitually resided in Liberia) 
must have resided continuously in the United States since October 1, 
2002, and have been continuously physically present in the United 
States since October 1, 2002.

What Is Late Initial Registration?

    Some persons may be eligible for late initial registration under 8 
U.S.C. 1254a(c)(1)(A) and 8 CFR 244.2(f)(2). To apply for late initial 
registration an applicant must:
    (1) Be a national of Liberia (or alien who has no nationality and 
who last habitually resided in Liberia);
    (2) Have been continuously physically present in the United States 
since October 1, 2002;
    (3) Have continuously resided in the United States since October 1, 
2002; and
    (4) Be both admissible as an immigrant, except as 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 registration period from October 1, 2002, through April 1, 2003, 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.
    An applicant for late initial registration must file an application 
for late registration no later than 60 days after the expiration or 
termination of the conditions described above. 8 CFR 244.2(g).

What Happens When This Extension of TPS Expires on October 1, 2004?

    At least 60 days before this extension of TPS expires on October 1, 
2004, the Secretary of DHS will review conditions in Liberia and 
determine whether the conditions for designation under the TPS program 
continue to be met at that time, or whether the TPS designation should 
be terminated. Notice of that determination, including the basis for 
the determination, will be published in the Federal Register.
    If the TPS designation is extended at that Time, an alien who has 
received TPS benefits must re-register under the extension in order to 
maintain TPS benefits. If, however, the Secretary of DHS terminates the 
TPS designation, TPS beneficiaries will maintain the immigration status 
they had before TPS (unless that status had since expired or been 
terminated) or any other status they may have acquired while registered 
for TPS. Accordingly, if an alien had no lawful immigration status 
prior to receiving TPS and did not obtain any status during the TPS 
period, he or she will revert to that unlawful status upon termination 
of the TPS designation.

Notice of Extension of Designation of Liberia Under the TPS Program

    By the authority vested in me as Secretary of DHS under sections 
244(b)(1)(B), (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 Liberia for TPS continue to be 
met (8 U.S.C. 1254a(b)(3)(A)). Accordingly, I order as follows:
    (1) The designation of Liberia under section 244(b) of the Act is 
extended for an additional 12-month period from October 1, 2003, to 
October 1, 2004. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 2,400 nationals of Liberia (or aliens 
having no nationality who last habitually resided in Liberia) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Liberia (or an alien having no 
nationality who last habitually resided in Liberia) who was granted TPS 
during the initial designation period must re-register for TPS during 
the 60-day re-

[[Page 46651]]

registration period from August 6, 2003 until October 6, 2003.
    (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). Applications submitted 
without the required fee and/or photos will be returned to the 
applicant. There is no fee for filing a Form I-821 for re-registration 
application. If the applicant requests employment authorization, 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 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) At least 60 days before this extension terminates on October 1, 
2004, the Secretary will review the designation of Liberia 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).
    (6) Information concerning the extension of designation of Liberia 
under the TPS program will be available at local BCIS offices upon 
publication of this notice and on the BCIS Web site at http://www.bcis.gov.

    Dated: August 1, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-20172 Filed 8-4-03; 2:20 pm]
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