[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47937-47940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18005]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

[CIS No. 2319-04]


Extension of the Designation of Temporary Protected Status for 
Somalia

AGENCY: Bureau of Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: The Temporary Protected Status (TPS) designation for Somalia 
will expire on September 17, 2004. This notice extends the Secretary of 
Homeland Security's designation of Somalia for 12 months until 
September 17, 2005, and sets forth procedures necessary for nationals 
of Somalia (or aliens having no nationality who last habitually resided 
in Somalia) 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 (which was announced on September 16, 
1991) and also timely re-registered under each subsequent extension of 
the designation, or who registered under the re-designation (which was 
announced on September 4, 2001) and also timely re-registered under 
each extension of the re-designation. Certain nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
who previously have not applied for TPS may be eligible to apply under 
the late initial registration provisions.

EFFECTIVE DATES: The extension of Somalia's TPS designation is 
effective September 17, 2004, and will remain in effect until September 
17, 2005. The 60-day re-registration period begins August 6, 2004, and 
will remain in effect until October 5, 2004.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, Bureau of 
Citizenship and Immigration Services, Department of Homeland Security, 
425 ``I'' Street, NW., Ullico Building, 3rd Floor, Washington, DC 
20529, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Authority Does the Secretary of the Department of Homeland 
Security Have To Extend the Designation of TPS for Somalia?

    On March 1, 2003, the functions of the Immigration and 
Naturalization Service (Service) transferred from the Department of 
Justice (DOJ) to the Department of Homeland Security (DHS) pursuant to 
the Homeland Security Act of 2002, Public Law 107-296. The 
responsibilities for administering TPS 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 for TPS 
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

[[Page 47938]]

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 
Somalia?

    On September 16, 1991, the Attorney General published a notice in 
the Federal Register at 56 FR 46804 designating TPS for Somalia. The 
Attorney General extended this TPS designation annually, determining in 
each instance that the conditions warranting such designation continued 
to be met. The Attorney General extended and re-designated TPS for 
Somalia by publishing a notice in the Federal Register on September 4, 
2001, at 66 FR 46288, based upon extraordinary and temporary conditions 
resulting from the armed conflict and lack of functioning state 
institutions. The last extension of TPS for Somalia by the Attorney 
General was published in the Federal Register on July 26, 2002, at 67 
FR 48950.
    After the transfer of functions and authority from the Service and 
DOJ to BCIS and DHS, DHS extended TPS for Somalia by Notice published 
in the Federal Register on July 21, 2003, at 68 FR 43147. This 
extension expires on September 17, 2004.
    Since the date of the most recent extension, DHS and the Department 
of State (DOS) have continued to review conditions in Somalia. It is 
determined that a 12-month extension is warranted because the 
extraordinary and temporary conditions that prompted designation 
persist. Further, it is determined that it is not contrary to the 
national interest of the United States to permit nationals of Somalia 
(or aliens having no nationality who last habitually resided in 
Somalia) who otherwise qualify for TPS to remain temporarily in the 
United States. 8 U.S.C. 1254a(b)(1)(C).
    DOS observes that more than nine years after the withdrawal of the 
United Nations Operation in Somalia and thirteen years after the fall 
of Mohammed Siad Barre's regime, Somalia still lacks a central 
government. The mandate of the Transitional National Government for 
Somalia (TNG) expired in August 2003. In October 2002, the Inter-
Governmental Authority (IGAD) was established, but has failed to 
produce a Somali central government. (DOS Recommendation (May 13, 
2004)). The BCIS Resource Information Center (RIC) notes that the third 
and final phase of the peace talks did not fully start as scheduled on 
May 6, 2004 due to disagreements among delegates over a power-sharing 
formula. (RIC Report (May 11, 2004)). In January 2004 Somali leaders 
signed an agreement to establish a new Federal Transitional Parliament. 
Several faction leaders have since retracted their support for the 
agreement. (DOS Recommendation (May 13, 2004)).
    Fighting has continued throughout the country, particularly in 
Mogadishu, Las Anod and Baidoa, as well as in the Bari, Bay, Bakol, 
Gedo, Lower Shabelle, Middle Shabelle, and Middle Juba regions. Inter-
clan fighting throughout the country continues to increase. Id. The 
BCIS RIC notes that, although most of the armed conflict has been 
confined to the central and southern part of Somalia, tensions have 
arisen between the self-declared republic of Somaliland and the self-
declared autonomous region of Puntland over the disputed regions of 
Sool and Sanaag. (RIC Report (May 11, 2004)). The increasing 
instability in Puntland caused many international humanitarian 
organizations to withdraw international staff from the region. (DOS 
Recommendation (May 13, 2004)).
    The BCIS RIC reports a continued complex emergency situation in 
Somalia. Increasing conflict in the north is disrupting agricultural 
activity and further limiting access to health and social services. A 
number of Somalis are threatened by the drought in the northern and 
central regions of the country. (RIC Report (May 11, 2004)). The Sool 
Plateau in the north and the regions of Togdheer, Lowere Nugal and the 
central area face extreme food shortages due to a drought. Id. 
Additionally, Somalia currently lacks the institutions to address the 
demands of a large volume of returnees from the United States. (DOS 
Recommendation (May 13, 2004)).
    Based upon this review, the Secretary of DHS, after consultation 
with appropriate government agencies, finds that the conditions that 
prompted designation of Somalia for TPS continue to be met. 8 U.S.C. 
1254a(b)(3). There are extraordinary and temporary conditions in 
Somalia such that it is not prudent to return nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) if 
these aliens meet the other statutory requirements for TPS. The 
Secretary of DHS also finds that permitting nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
who meet the eligibility requirements of TPS 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)(C). On the basis of these findings, 
the Secretary of DHS concludes that the TPS designation for Somalia 
should be extended for an additional 12-month period. 8 U.S.C. 
1254a(b)(3)(C).

If I Currently Have TPS Through the Somalia TPS Designation, Do I Still 
Re-Register for TPS?

    Yes. If you already have received TPS benefits through the Somalia 
TPS designation, your benefits will expire on September 17, 2004. 
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain their 
TPS benefits through September 17, 2005. 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 Somalia designation 
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 seventy five dollar ($175) 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 seventy-dollar ($70) 
biometric services fee. Children beneficiaries of TPS who have reached 
the age of fourteen (14) but were not previously fingerprinted must pay 
the seventy dollar ($70) biometric services fee with the application 
for extension.
    An application submitted without the required fee and/or photos 
will be returned to the applicant. Submit the 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, 2004, and ends October 5, 2004.

[[Page 47939]]



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                 If                                  Then
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You are applying for employment      You must complete and file the Form
 authorization until September 17,    I-765, Application for Employment
 2005.                                Authorization, with the $175 fee.
You already have employment          You must complete and file Form I-
 authorization or do not require      765 with no fee.\1\
 employment authorization.
You are applying for employment      You must complete and file: (1)
 authorization and are requesting a   Form I-765 and (2) a fee waiver
 fee 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 $175 fee, but must still
  complete and submit Form I-765 for data gathering purposes.

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 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). Also, a 
person convicted of any felony or two misdemeanors committed in the 
United States is not eligible for TPS. 8 U.S.C. 1245a(c)(2)(B)(i).

Can I Apply for Another Immigration Benefit While Registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
another non-immigrant status or from filing for adjustment of status 
based on an immigrant petition. 8 U.S.C. 1254a(a)(5). TPS alone, 
however, does not lead to adjustment of status. 8 U.S.C. 1254a(f)(1). 
For the purposes of change of status and adjustment of status, a 
registered TPS beneficiary is considered as being in and maintaining 
lawful status as a nonimmigrant. 8 U.S.C. 1254a(f)(4).

Does This Extension Allow Nationals of Somalia (or Aliens Having No 
Nationality Who Last Habitually Resided in Somalia) Who Entered the 
United States After September 4, 2001, To File for TPS?

    No. This is a notice of an extension of TPS, not a notice of re-
designation of TPS for Somalia. 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 beyond the current TPS eligibility requirements of Somalia. To 
be eligible for benefits under this extension, nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
must have been continuously physically present and continuously resided 
in the United States since September 4, 2001, the date of the last re-
designation of TPS for Somalia.

What is Late Initial Registration?

    Some persons may be eligible for late initial registration under 8 
U.S.C. 1254a(c)(1)(A), 8 U.S.C. 1254a(c)(2), and 8 CFR 244.2. To apply 
for late initial registration an applicant must:
    (1) Be a national of Somalia (or alien who has no nationality and 
who last habitually resided in Somalia);
    (2) Have been continuously physically present in the United States 
since September 4, 2001;
    (3) Have continuously resided in the United States since September 
4, 2001; 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 for the initial designation (from September 16, 
1991 to September 16, 1992), or during the registration period for the 
re-designation (from September 4, 2001 to September 17, 2002), 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 September 17, 2005?

    At least 60 days before this extension of TPS expires on September 
17, 2005, the Secretary of DHS will review conditions in Somalia and 
determine whether the conditions for TPS designation 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 TPS for Somalia

    By the authority vested in DHS under sections 244(b)(1)(C), 
(b)(3)(A), and (b)(3)(C) of the Act, DHS has consulted with the 
appropriate government agencies and determined that the conditions that 
prompted designation of Somalia for TPS continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Accordingly, DHS orders as follows:
    (1) The designation of Somalia under section 244(b)(1)(C) of the 
Act is extended for an additional 12-month period from September 17, 
2004, to September 17, 2005. 8 U.S.C. 1254a(b)(3)(C).
    (2) There are approximately 324 nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) who have 
been granted TPS and who are eligible for re-registration.
    (3) To maintain TPS, a national of Somalia (or an alien having no 
nationality who last habitually resided in Somalia) who was granted TPS 
during the initial designation period or re-designation period must re-
register

[[Page 47940]]

for TPS during the 60-day re-registration period from August 6, 2004, 
until October 5, 2004.
    (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. 
If the applicant requests employment authorization, he or she must 
submit one hundred and seventy five dollars ($175) 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 seventy-dollar ($70) biometric services 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 U.S.C. 
1254a(c)(3)(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 September 
17, 2005, the Secretary will review the designation of Somalia for TPS 
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 Somalia 
for TPS will be available at local BCIS offices upon publication of 
this notice and on the BCIS Web site at http://uscis.gov.

    Dated: July 19, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-18005 Filed 8-5-04; 8:45 am]
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