[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Notices]
[Pages 43895-43899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15001]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2356-05]
RIN 1615-ZA24


Extension of the Designation of Somalia for Temporary Protected 
Status

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice.

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SUMMARY: The designation of Somalia for Temporary Protected Status 
(TPS) will expire on September 17, 2005. This Notice extends TPS for 
Somalia for 12 months, until September 17, 2006, 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 documents (EADs) 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) or the re-
designation (which was announced on September 4, 2001), and also timely 
re-registered under each subsequent extension of the 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 the designation of TPS for Somalia is 
effective September 17, 2005, and will remain in effect until September 
17, 2006. The 60-day re-registration period begins July 29, 2005 and 
will remain in effect until September 27, 2005.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW, 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

Abbreviations and Terms Used in This Document

Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
RIC--Resource Information Center
TPS--Temporary Protected Status
USCIS--U.S. Citizenship and Immigration Services

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

    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of Homeland Security, after consultation 
with appropriate agencies of the Government, is authorized to designate 
a foreign state

[[Page 43896]]

(or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of 
Homeland Security may then grant TPS to eligible nationals of that 
foreign state (or aliens having no nationality who last habitually 
resided in that state). 8 U.S.C. 1254a(a)(1).
    At least 60 days before the expiration of the TPS designation, or 
any extension thereof, section 244(b)(3)(A) of the Act requires the 
Secretary to review, after consultation with appropriate agencies of 
the Government, 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 the TPS designation. 8 
U.S.C. 1254a(b)(3)(A). If the Secretary 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 does not 
determine that a foreign state (or part thereof) no longer meets the 
conditions for designation at least 60 days before the designation is 
due to end, 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 
Secretary's discretion, 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C).

Why Did the Secretary of Homeland Security 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 Somalia for TPS based 
on extraordinary and temporary conditions within the country. The 
Attorney General extended this TPS designation annually, determining in 
each instance that the conditions warranting such designation continued 
to be met. On September 4, 2001, the Attorney General extended and re-
designated Somalia by publishing a Notice in the Federal Register at 66 
FR 46288. Since that date, TPS for Somalia has been extended three 
times. See 67 FR 48950, 68 FR 43147, and 69 FR 47937. The most recent 
extension became effective on September 17, 2004, and is due to end on 
September 17, 2005.
    Over the past year, DHS and DOS have continued to review conditions 
in Somalia. Based on this review, a 12-month extension is warranted 
because the extraordinary and temporary conditions that prompted 
designation persist. Further, USCIS has determined that it is not 
contrary to the national interest of the United States to permit aliens 
who are eligible for TPS based on the designation of Somalia to remain 
temporarily in the United States. 8 U.S.C. 1254a(b)(1)(C).
    On May 5, 2005, DOS submitted a memorandum to USCIS recommending 
the extension of TPS for Somalia (DOS Recommendation). DOS noted that 
more than 10 years after the withdrawal of the United Nations' 
Operation in Somalia and 14 years since the fall of President Siad 
Barre, the country still lacks a central government. Id. A Transitional 
Federal Government (TFG), including a 275-member parliament, was formed 
in October 2004. Id. The December 31, 2004 deadline for the TFG to 
relocate from Nairobi, Kenya to Somalia has passed due to security 
concerns. Id. In March 2005, militias attacked demonstrators in favor 
of temporarily relocating the TFG to Baidoa rather than the capital, 
Mogadishu. Id. In May 2005, the USCIS Resource Information Center (RIC) 
reported that 15 people were killed and almost 40 wounded when a bomb 
exploded at a Mogadishu stadium where Somali Prime Minister Gedi was 
addressing a large crowd in early May (RIC Report). DOS also reports 
that the relocation of the TFG to Somalia potentially could exacerbate 
existing tensions and cause further conflict in Somalia. (DOS 
Recommendation). If the TFG is to establish a viable presence in 
Somalia, 55,000 militia members will need to be disarmed. (RIC Report).
    The internal conflict has continued unabated and the overall human 
rights and humanitarian situation resulting from the lack of a central 
government remains largely unchanged. (RIC Report). In the last 15 
years, two million people have been displaced from their homes and up 
to 500,000 have lost their lives. Id.
    During the past year, fighting continued throughout Somalia, 
particularly in Mogadishu, Las Anod, Baidoa, and in the regions of 
Bari, Bay, Bakol, Gedo, Lower Shabelle, Middle Shebelle, and the Middle 
Juba. (DOS Recommendation). There were reports of clashes in April 2005 
that resulted in 15,000 Somalis fleeing into Kenya. Id. Although 
Somaliland and Puntland are relatively more stable than the rest of the 
country, the territorial dispute between the two regions is ongoing. 
Id. DOS reports that the situation has stabilized slightly since the 
election of General Adde Muse as President of Puntland in January 2005. 
Id.
    A four-year drought also has created a humanitarian emergency in 
the north and in parts of the south-central zone of Somalia. (RIC 
Report). Conditions have worsened in the drought-affected areas, 
evidenced by the high level of malnutrition in central Somalia where 19 
to 22 percent of the population is malnourished. Id. Out of a total 
estimated population of 7 to 8 million, approximately 1.4 million 
people are in desperate need of assistance. Id. Delivery of 
humanitarian assistance is limited by the lack of road infrastructure 
and security concerns have rendered some affected areas inaccessible. 
Id. At the end of 2004, 350,000 Somalis were refugees and another 
370,000 to 400,000 were internally displaced within Somalia. Id.
    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, finds that the 
conditions that prompted the designation of Somalia for TPS continue to 
be met. 8 U.S.C. 1254a(b)(3)(A). There are extraordinary and temporary 
conditions in Somalia that prevent aliens who are nationals of Somalia 
(or aliens having no nationality who last habitually resided in 
Somalia) from returning to Somalia in safety if these aliens meet the 
other statutory requirements for TPS. The Secretary also finds that 
permitting these aliens who meet the eligibility requirements of TPS to 
remain in the United States temporarily 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 Homeland Security concludes that the 
designation of Somalia for TPS should be extended for an additional 12-
month period. 8 U.S.C. 1254a(b)(3)(C).

If I Currently Have Benefits Through the TPS Designation of Somalia, 
Should I Re-register for TPS?

    Yes. If you already have received benefits through the TPS 
designation of Somalia, your benefits will expire on September 17, 
2005. Accordingly, individual TPS beneficiaries must comply with the 
re-registration requirements described below in order to maintain TPS 
benefits through September 17, 2006. TPS benefits include temporary 
protection against removal from the United States, as well as 
employment authorization, during the TPS designation period. 8 U.S.C. 
1254a(a)(1).

If I Am Currently Registered for TPS, or Have a Pending Application for 
TPS, How Do I Re-register Under the Extension?

    All persons previously granted TPS under the designation of Somalia 
who wish to maintain such status must re-register under the extension 
by filing the following: (1) Form I-821, Application for Temporary 
Protected Status, without fee; (2) Form I-765, Application for 
Employment Authorization (see the

[[Page 43897]]

chart below to determine whether you must submit the one hundred and 
seventy-five dollar ($175) filing fee with Form I-765) or a fee waiver 
request; and (3) a biometric service fee of seventy dollars ($70) if 
you are 14 or older, or if you are under 14 and requesting an EAD. The 
biometric service fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii). 
Unlike previous registration periods, TPS applicants need not submit 
photographs with the TPS application because a photograph will be taken 
when the alien appears at an Application Support Center (ASC) for 
collection of biometrics. Aliens who have previously registered for TPS 
but whose applications remain pending should follow these instructions 
if they wish to renew their TPS benefits.
    An application submitted without the required fees will be returned 
to the applicant. Please note that Form I-821 has been revised and only 
the new form with Revision Date 11/5/04 will be accepted. Submissions 
of older versions of Form I-821 will be rejected. Submit the completed 
forms and applicable fee, if any, to the USCIS Chicago, IL Lockbox, as 
noted below, during the 60-day re-registration period that begins July 
29, 2005 and ends September 27, 2005. An interim Employment 
Authorization Document (EAD) will not be issued unless the Form I-765, 
as part of the TPS registration package, has been pending with USCIS 
more than 90 days after all requested initial evidence has been 
received, including collection of the applicant's fingerprints at an 
ASC. See 8 CFR 103.2(b)(10)(ii) and 8 CFR 274a.13(d).

Where Should an Applicant Submit His or Her Application To Re-Register 
or Late Initial Register for TPS?

    The Form I-821, Form I-765, fees, and all supporting documentation 
should be filed at the USCIS Chicago Lockbox at: U.S. Citizenship and 
Immigration Services, Attn: TPS Somalia, PO Box 87583, Chicago, IL 
60680-0583,
    Or, for non-United States Postal Service (USPS) deliveries: U.S. 
Citizenship and Immigration Services, Attn: TPS Somalia, 427 S. 
LaSalle--3rd Floor, Chicago, IL 60605.
    Please note that these addresses are not the same as where you have 
submitted your forms during previous re-registration periods. Aliens 
re-registering or late initial registering for TPS under the 
designation of Somalia should not send their TPS forms and fees 
directly to a USCIS district office. Failure to follow these 
instructions will delay processing of your TPS re-registration 
application and may result in your application being returned to you.

Where Can I Obtain a Copy of the New Form I-821 Dated 11/5/04?

    TPS forms are available from the toll-free USCIS Forms line, 1-800-
870-3676, from your local USCIS district office, or from the USCIS Web 
site: http://www.uscis.gov.

Who Must Submit the $175 Filing Fee for the Form I-765?

    Although all re-registrants must submit the Form I-765, only those 
re-registrants requesting an EAD, regardless of age, must submit the 
$175 filing fee or a properly documented fee waiver request pursuant to 
8 CFR 244.20. Persons between the ages of 14 and 65 (inclusive) filing 
under the late initial registration provisions who are requesting an 
EAD also must submit the $175 fee or a fee waiver request pursuant to 8 
CFR 244.20. Aliens who are submitting Form I-765 only for data-
gathering purposes (as explained in the chart below) are not required 
to submit a $175 filing fee, nor are they required to submit a fee 
waiver request. Note that TPS re-registrants and applicants for late 
initial registration may wish to consider whether obtaining an EAD will 
be helpful to them for reasons other than verifying employment 
eligibility (for example, as a photo identity document and/or evidence 
of lawful presence in the United States in order to demonstrate 
eligibility for a driver's license in some states).

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                If . . .                            Then . . .
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You are re-registering for or renewing   You must complete and file the
 a TPS-related EAD, regardless of your    Form I-765, Application for
 age                                      Employment Authorization, with
                                          the $175 fee or a fee waiver
                                          request in accordance with 8
                                          CFR 244.20.
You are not requesting an EAD            You must complete and file Form
                                          I-765 (for data-gathering
                                          purposes only) with no fee or
                                          fee waiver request.\1\
You are filing under the late initial    You must complete and file Form
 registration provisions, are             I-765 with the $175 fee or a
 requesting an EAD, and are between the   fee waiver request.
 ages of 14 and 65 (inclusive).
You are applying for a TPS-related EAD   You must complete and file Form
 under the late initial registration      I-765 (for data-gathering
 provisions and are under age 14 or       purposes only) with no fee.
 over age 65
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\1\ An applicant who does not want an EAD does not need to submit the
  $175 fee, but must complete and submit Form I-765 for data-gathering
  purposes.

Who Must Submit the $70 Biometric Service Fee?

    All aliens 14 years of age and older who are re-registering for 
TPS, renewing temporary treatment benefits, or late initial registering 
must submit the $70 biometric service fee. In addition, any applicant 
under the age of 14 choosing to apply for an EAD must submit the $70 
biometric service fee, as a photograph, signature, and fingerprint are 
required to produce the EAD. The biometric service fee will not be 
waived. 8 CFR 103.2(e)(4)(i), (iii).

Does TPS Lead to Lawful Permanent Residence?

    No. TPS is a temporary benefit that does not lead to lawful 
permanent residence by itself or confer any other immigration status. 8 
U.S.C. 1254a(e), (f)(1), and (h). When a country's TPS designation is 
terminated, TPS beneficiaries will have the same immigration status 
they held prior to TPS (unless that status has since expired or been 
terminated), or any other status they may have acquired while 
registered for TPS. Accordingly, if an alien held no lawful immigration 
status prior to being granted TPS and did not obtain any other status 
during the TPS period, he or she will have no lawful status upon the 
termination of the TPS designation. Once the Secretary determines that 
a TPS designation should be terminated, aliens who had TPS under that 
designation are expected to plan for their departure from the United 
States and may wish to apply for immigration benefits for which they 
may be eligible.

[[Page 43898]]

May 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, from filing for adjustment of status 
based on an immigrant petition, or from applying for any other 
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the 
purposes of change of nonimmigrant status and adjustment of status, an 
alien is considered as being in, and maintaining, lawful status as a 
nonimmigrant during the period in which the alien is granted TPS. 8 
U.S.C. 1254a(f)(4).

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).

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 Apply for TPS?

    No. This is a Notice of an extension of the TPS designation of 
Somalia, not a Notice re-designating Somalia for TPS. An extension of a 
TPS designation 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 for 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.

Are Certain Aliens Ineligible for TPS?

    Yes. There are certain criminal and terrorism-related 
inadmissibility grounds that render an alien ineligible for TPS. 8 
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of 
any felony, or two or more misdemeanors, committed in the United States 
are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C. 
1254a(c)(2)(B), as are aliens described in the bars to asylum in 
section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).

What Is Late Initial Registration?

    Some aliens who did not file for TPS during the initial 
registration period may be eligible for late initial registration under 
8 U.S.C. 1254a(c)(1)(A) and (c)(2) and 8 CFR 244.2(f)(2) and (g). 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 continuously resided in the United States since September 
4, 2001;
    (3) Have been continuously physically present in the United States 
since September 4, 2001; and
    (4) Be 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 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) Is 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 within 60 days of the expiration or termination 
of the above-described conditions. 8 CFR 244.2(g). All late initial 
registration applications for TPS pursuant to the TPS extension of 
Somalia should be submitted to the USCIS lockbox address listed above.

What Happens When This Extension of TPS Expires on September 17, 2006?

    At least 60 days before this extension of TPS designation for 
Somalia expires on September 17, 2006, the Secretary of Homeland 
Security, after consultation with appropriate agencies of the 
Government, 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. 8 U.S.C. 1254a(b)(3). 
Notice of that determination, including the basis for the 
determination, will be published in the Federal Register.

Notice of Extension of Designation of TPS for Somalia

    By the authority vested in the Secretary of Homeland Security under 
sections 244(b)(3)(A) and (b)(3)(C) of the Act, DHS has determined, 
after consultation with the appropriate Government agencies, that the 
conditions that prompted designation of Somalia for TPS continue to be 
met. 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, 
2005, to September 17, 2006. 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 through late initial 
registration) and who re-registered during the subsequent extensions of 
this designation, must re-register for TPS during the 60-day re-
registration period from July 29, 2005 until September 27, 2005.
    (4) To re-register, the alien must file the following: (1) Form I-
821, Application for Temporary Protected Status, without fee; (2) Form 
I-765, Application for Employment Authorization; and (3) a biometric 
services fee of $70 if the alien is age 14 or older, or if the alien is 
under age 14 and requesting an employment authorization document. 
Applications submitted without the required fees will be returned to 
the applicant. If the alien requests an EAD, he or she must submit $175 
or a properly documented fee waiver request, pursuant to 8 CFR 244.20, 
with the Form I-765. An alien who does not request employment 
authorization must still file Form I-765 along with Form I-821, but he 
or she is not required to submit the fee or a fee waiver request for 
filing Form I-765. Failure to re-register without good cause will 
result in the withdrawal of TPS. 8 U.S.C. 1254a(c)(3)(C). Aliens who 
have previously registered for TPS but whose applications remain 
pending should follow these instructions to renew temporary treatment 
benefits. Some persons who had not previously applied for TPS may be 
eligible for late initial registration under 8 CFR 244.2.

[[Page 43899]]

    (5) At least 60 days before this extension ends on September 17, 
2006, the Secretary of Homeland Security, after consultation with 
appropriate agencies of the Government, 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. Id.
    (6) Information concerning the extension of designation of Somalia 
for TPS will be available at local USCIS offices upon publication of 
this Notice and on the USCIS Web site at http://www.uscis.gov.

    Dated: July 15, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 05-15001 Filed 7-26-05; 10:25 am]
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