[Federal Register Volume 71, Number 144 (Thursday, July 27, 2006)]
[Notices]
[Pages 42653-42658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6401]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2388-06; USCIS-2006-0018]
RIN 1615-ZA35


Extension of the Designation of Temporary Protected Status for 
Somalia; Automatic Extension of Employment Authorization Documentation 
for Somalia TPS Beneficiaries

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice of extension of temporary protected status for Somalia.

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SUMMARY: The designation of Somalia for Temporary Protected Status 
(TPS) will expire on September 17, 2006. This Notice informs the public 
that the TPS designation for Somalia has been extended for 18 months, 
until March 17, 2008, and sets forth procedures 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 18-month 
period. Re-registration is limited to persons who have previously 
registered for TPS under the designation of Somalia and whose 
application was granted or remains pending. Certain nationals of 
Somalia (or aliens having

[[Page 42654]]

no nationality who last habitually resided in Somalia) who have not 
previously applied for TPS may be eligible to apply under the late 
initial registration provisions.
    Given the timeframes involved with processing TPS re-registrants, 
the Department of Homeland Security (DHS) recognizes that many re-
registrants may not receive a new EAD until after their current EAD 
expires on September 17, 2006. Accordingly, this Notice automatically 
extends the validity of EADs issued under the TPS designation of 
Somalia for six months until March 17, 2007, and explains how TPS 
beneficiaries and their employers may determine which EADs are 
automatically extended.

DATES: Effective Dates: The extension of Somalia's TPS designation is 
effective September 17, 2006, and will remain in effect until March 17, 
2008. The 60-day re-registration period begins July 27, 2006 and will 
remain in effect until September 25, 2006.

FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family 
Branch, Service Center Operations, U.S. Citizenship and Immigration 
Services, Department of Homeland Security, 20 Massachusetts Avenue, 
NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505. This is 
not a toll free number.

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.
Secretary--Secretary of Homeland Security.
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 Somalia for TPS?

    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 (or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The 
Secretary 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)(A).
    At least 60 days before the expiration of the TPS designation, or 
any extension thereof, the Secretary, after consultation with 
appropriate agencies of the Government, must review 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 must terminate the designation. 8 
U.S.C. 1254a(b)(3)(B).

Why Did the Secretary of Homeland Security Decide to Extend the 
Designation of Somalia for TPS?

    On September 16, 1991, the Attorney General published a Notice in 
the Federal Register designating Somalia for TPS due to extraordinary 
and temporary conditions resulting from an ongoing armed conflict. 56 
FR 46804. The Attorney General extended this TPS designation annually, 
determining in each instance that the conditions warranting such 
designation continued to be met. 57 FR 32232, 58 FR 48898, 59 FR 43359, 
60 FR 39005, 61 FR 39472, 62 FR 41421, 63 FR 51602, 64 FR 49511, 65 FR 
69789. On September 4, 2001, the Attorney General re-designated Somalia 
based upon extraordinary and temporary conditions resulting from the 
armed conflict and lack of functioning state institutions. 66 FR 46288. 
Since that date, the Attorney General or Secretary of DHS has extended 
Somalia's TPS designation annually, determining in each instance that 
the conditions warranting such designation continued to be met. 67 FR 
48950, 68 FR 43147, 69 FR 47937, 70 FR 43895. The most recent extension 
became effective on September 17, 2005, and is due to expire at 
midnight on September 17, 2006.
    Since the date of the current extension, DHS and the Department of 
State (DOS) have continued to review conditions in Somalia, which 
remain dire. DOS submitted a memorandum (``DOS Recommendation'') to 
USCIS recommending the extension of TPS for Somalia. Based on this 
review, an 18-month extension of the TPS designation is warranted 
because the armed conflict and extraordinary and temporary conditions 
that prompted designation persist. Further, it is not contrary to the 
national interest of the United States to permit aliens who are 
eligible for TPS to remain temporarily in the United States. 8 U.S.C. 
1254a(b)(1)(C).
    Somalia has persisted in a state of chaos since the fall of the 
Siad Barre regime in January 1991, characterized by the lack of central 
government, a crippled economy, the absence of civil structures, and 
the destruction of infrastructure (``DOS Recommendation''). Generalized 
``insecurity'' persists in the form of banditry, kidnapping, looting, 
revenge killings, targeted assassinations, and inter-clan fighting. Id. 
The result has been population displacement, loss of livelihoods, food 
``insecurity,'' and a total lack of government services. Id. The 
current security situation generally prevents Somalis from repatriating 
in safety. Id. Major regions of the country are under the control of 
self-proclaimed ``governors,'' or warlords, in the absence of any rule 
of law. Id. The capital, Mogadishu, has been divided into armed zones 
controlled by a dozen factional leaders and two attempts were made 
there on the life of the prime minister. (USCIS Office of Refugee, 
Asylum and International Operations Report, June 21, 2006 (``ORAIO 
Report'')). By mid-June 2006, Islamic Court militias assumed control of 
Mogadishu and a swath of southern Somalia. Id. It is unclear how the 
Islamic Court militias will work with the Transitional Government or 
how the militias will respond to the positioning of Ethiopian troops 
along its shared border. Id.
    Although the signing of the Aden Declaration on January 5, 2006, 
which culminated in the convening of 211 of the 275 members of 
Parliament, improved the prospect for peace, the peace process remains 
vulnerable. (DOS Recommendation). Problems that persist include a 
violent political power struggle, extremist activity in Mogadishu, a 
severe drought and famine, and violent clashes over scarce water, land, 
and grazing rights. Id.
    The United Nations (UN) Somalia country team, which consists of the 
heads of the relevant UN humanitarian aid offices present in Somalia 
and the surrounding region, reported that Somalia is plagued by extreme 
levels of suffering. Id. Polio has reappeared and there are presently 
more war-wounded people living in Somalia than in any other African 
country. Id. The number of people directly affected by this 
humanitarian emergency situation is 915,000. Id. The UN High 
Commissioner for Refugees reported that there were 407,060 internally 
displaced persons (IDPs) in Somalia, of which 250,000 are located in 
the capital, Mogadishu. (ORAIO Report). Severe drought and localized 
conflicts during 2005 necessitated urgent humanitarian assistance 
during the first half of 2006 for an estimated additional 1.7 million 
Somalis (out of a total population of 7 million). Id.

[[Page 42655]]

    Based upon this review, the Secretary of Homeland Security, after 
consultation with appropriate Government agencies, finds that the 
conditions for designation of Somalia for TPS continue to be met. See 8 
U.S.C. 1254a(b)(3)(A) (describing procedures for periodic review of TPS 
designations). There is an ongoing armed conflict and 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 in safety. The Secretary also finds that 
permitting these aliens who meet the TPS eligibility requirements to 
remain temporarily in the United States is not contrary to the national 
interest of the United States. See 8 U.S.C. 1254a(b)(1)(A) (describing 
ongoing armed conflict); 1254a(b)(1)(C) (describing extraordinary and 
temporary terms of TPS). On the basis of these findings and 
determinations, the Secretary will exercise his discretion to extend 
the TPS designation of Somalia for an 18-month period. See 8 U.S.C. 
1254a(b)(3)(C) (providing the Secretary of Homeland Security with 
discretion to determine the length of an extension).

If I Currently Have Benefits Through the Designation of Somalia for TPS 
and Would Like to Maintain Them, Do I Need to Re-Register for TPS?

    Yes. If you already have received TPS benefits through the 
designation of Somalia for TPS, your benefits will expire on September 
17, 2006. All TPS beneficiaries must comply with the re-registration 
requirements described below to maintain TPS benefits through March 17, 
2008. 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), 1254a(f). Failure to re-
register without good cause will result in the withdrawal of your 
temporary protected status and possibly your removal from the United 
States. 8 U.S.C. 1254a(c)(3)(C). In addition, all EADs issued pursuant 
to this designation will expire on September 17, 2006. TPS 
beneficiaries who fail to re-register will not be issued a new EAD 
valid through March 17, 2008.

If I Am Currently Registered for TPS or Have a Pending Application for 
TPS, How Do I Re-Register to Renew My Benefits for the Duration of the 
Extension Period?

    All persons previously granted TPS under the designation of Somalia 
who would like to maintain such status and those whose applications 
remain pending but who wish to renew their benefits, must re-register 
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 
chart below to determine whether you must submit the one hundred and 
eighty dollar ($180) filing fee with Form I-765 (for which a fee waiver 
may be requested));
    (3) A biometric services fee of seventy dollars ($70) if you are 14 
years of age or older, or if you are under 14 and requesting an EAD 
extension. The biometric services fee will not be waived. 8 CFR 
103.2(e)(4)(i), (iii); and
    (4) A photocopy of the front and back of your EAD if you received 
an EAD during the most recent registration period.
    When filing Form I-821, it is important to place your Alien 
Registration Number on your application. You may find your Alien 
Registration Number, also known as ``A,'' listed below your 
name on your EAD. In addition, please note that you do not need to 
submit photographs with your TPS application because a photograph will 
be taken, if needed, when you are requested to appear at an USCIS 
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. All TPS re-registration applications 
submitted without the required fees will be returned to the applicants.

What Edition of the Form I-821 Should be Submitted?

    Form I-821 has been revised. Only Forms I-821 with revision dates 
of November 5, 2004 or later will be accepted. The revision date can be 
found on the bottom right corner of the form. Submissions of older 
versions of Form I-821 will be rejected. You may obtain immigration 
forms, free of charge, on the Internet at http://www.uscis.gov or by 
calling the USCIS forms hotline at 1-800-870-3676.

Who Must Submit the $180 Filing Fee for the Form I-765, Application for 
Employment Authorization?

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                   If                                  Then
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You are applying for an extension of     You must complete and file the
 your EAD valid until March 17, 2008.     Form I-765, Application for
                                          Employment Authorization, with
                                          the $180 fee.
You are not applying for an extension    You must complete and file Form
 of your EAD.                             I-765 (for data-gathering
                                          purposes only) with no fee.
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.
You are applying for an extension of     You must complete and file: 1)
 your EAD and are requesting a fee        Form I-765 and 2) a fee waiver
 waiver.                                  request and affidavit (and any
                                          other supporting information)
                                          in accordance with 8 CFR
                                          244.20.
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Who Must Submit the $70 Biometric Services Fee?

    The $70 biometric services fee must be submitted by all aliens 14 
years of age and older who: (1) Have previously been granted TPS and 
are now re-registering for TPS; (2) have an initial application for TPS 
currently pending, have an EAD bearing the notification ``C-19'' on the 
face of the card under ``Category'' and wish to renew temporary 
treatment benefits; or (3) are applying for TPS under the late initial 
registration provisions. In addition, any alien, including one who is 
under the age of 14, choosing to apply for a new EAD or an extension of 
an EAD must submit the $70 biometric services fee. This biometric 
services fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii).

When Should I Submit My Re-Registration Application for TPS?

    Applications must be filed during the 60-day re-registration period 
from July 27, 2006 until September 25, 2006. You are encouraged to file 
the application as soon as possible after the start of the 60-day re-
registration period.

[[Page 42656]]

Where Should I Submit My Re-Registration Application for TPS?

    To facilitate efficient processing, USCIS has designated two post 
office (P.O.) boxes with the Chicago Lockbox for the filing of TPS 
applications. The type of TPS re-registration application you submit 
will determine the P.O. Box where your application must be submitted. 
Certain applications for TPS re-registration may also be electronically 
filed or ``E-Filed'' as well. See below for further filing 
instructions. Please note that applications should not be filed with a 
USCIS Service Center or District Office. Failure to file your 
application properly may result in the delay of the processing of your 
application.
    Category 1: Applications for re-registration that do not require 
the submission of additional documentation or a renewal of temporary 
treatment benefits must either be E-Filed (see below) or filed at this 
address: U.S. Citizenship and Immigration Services, P.O. Box 6943, 
Chicago, IL 60680-6943.
    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 60605-1029.
    E-Filing Your Application: If your application falls into Category 
1 you are strongly encouraged to E-File your application. During the 
re-registration period from July 27, 2006 to September 25, 2006, aliens 
re-registering for TPS under this designation may file the Forms I-821 
and I-765 and associated fees electronically by using E-Filing at the 
USCIS Internet site, http://www.uscis.gov. In order to properly re-
register using E-Filing, aliens must begin the E-Filing process by 
completing Form I-821 online. After the Form I-821 is completed, the 
system will then automatically link the alien to Form I-765.
    Aliens re-registering for TPS after September 25, 2006 and/or whose 
application falls into Category 2 (explained below) may not E-File and 
must send their application materials to the USCIS Chicago Lockbox at 
the address listed below.
    Category 2: Aliens who are filing a re-registration application 
that requires the submission of additional documentation or who are 
filing for TPS for the first time as a late initial registrant must 
file at the P.O. Box listed below: U.S. Citizenship and Immigration 
Services, P.O. Box 8677, Chicago, IL 60680-8677.
    Or, for non-United States Postal Service (USPS) deliveries: U.S. 
Citizenship and Immigration Services, Attn: TPS--Somalia--[EOIR/
Additional Documents] or [Late Initial Registrant], 427 S. LaSalle--3rd 
Floor, Chicago, IL 60605-1029.

    Note: Please make sure to use either EOIR/Additional Documents 
or Late Initial Registrant on the ``Attn:'' line, as appropriate, 
after ``Somalia,'' above.

    Applications for re-registration require the submission of 
supporting documentation under the following circumstances:
    (A) If one or more of the questions listed in Part 4, Question 2 of 
Form I-821 apply to the alien, then the alien must submit an 
explanation, on a separate sheet(s) of paper, and/or additional 
documentation.
    (B) If the alien was granted TPS by an Immigration Judge or the 
Board of Immigration Appeals, then the alien must include evidence of 
the grant of TPS (such as an order from the Executive Office for 
Immigration Review (EOIR)) with his or her application package.
    Category 2 applications may not be E-Filed.

Are Certain Aliens Ineligible for TPS?

    Yes. There are certain criminal and security-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)(i) of the Act, as are 
aliens described in the bars to asylum in section 208(b)(2)(A) of the 
Act. 8 U.S.C. 1254a(c)(2)(B)(i)-(ii), 1158(b)(2)(A). Aliens should also 
note that an individual granted TPS will have his or her TPS withdrawn 
if the alien was not in fact eligible for TPS, fails without good cause 
to timely re-register, or, with some exceptions, fails to maintain 
continuous physical presence in the United States from the date the 
alien first was granted TPS. 8 U.S.C. 1254a(c)(3)(A)-(C).

Am I Eligible to Receive an Automatic Extension of My EAD From 
September 17, 2006, to March 17, 2007?

    To receive an automatic extension of your EAD, you must be a 
national of Somalia (or an alien having no nationality who last 
habitually resided in Somalia) who has applied for and received an EAD 
under the TPS designation for Somalia and who has not had TPS withdrawn 
or denied. This automatic extension is limited to EADs (1) issued on 
Form I-766, Employment Authorization Document, (2) bearing an 
expiration date of September 17, 2006, and (3) bearing the notation 
``A-12'' or ``C-19'' on the face of the card under ``Category''.

If I Am Currently Registered for TPS Under the Designation for Somalia 
and Am Re-Registering for TPS, How Do I Receive an Extension of My EAD 
after the 6-Month Automatic Extension Expires?

    TPS re-registrants will receive a notice in the mail with 
instructions to appear at an ASC for biometrics collection. When you 
report to the ASC, you must bring the following documents: (1) Your 
receipt notice for your re-registration application; (2) your ASC 
appointment notice; and (3) your current EAD. If no further action is 
required for your case, you will receive a new EAD, valid until March 
17, 2008, through the mail. If your case requires further resolution, 
USCIS will contact you in writing to explain what additional 
information, if any, is necessary to resolve your case. If your re-
registration application is approved, you will receive a new EAD in the 
mail with an expiration date of March 17, 2008.

May I Request an Interim EAD at My Local District Office?

    No. USCIS will not issue interim EADs to TPS applicants and re-
registrants at District Offices.

How May Employers Determine Whether an EAD Has Been Automatically 
Extended for Six Months through March 17, 2007, and is Therefore 
Acceptable for Completion of the Form I-9?

    For purposes of verifying identity and employment eligibility or 
re-verifying employment eligibility on the Form I-9 until March 17, 
2007, employers of Somali TPS beneficiaries whose EADs have been 
automatically extended by this Notice must accept the EAD if presented. 
An EAD that has been automatically extended for six months by this 
Notice to March 17, 2007, will actually contain an expiration date of 
September 17, 2006, and must be a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.'' New EADs 
showing the March 17, 2007, expiration date of the six-month automatic 
extension will not be issued.
    Employers should not request proof of Somali citizenship. If 
presented with an EAD that has been extended pursuant to this Federal 
Register Notice and that reasonably appears on its face to be genuine 
and appears to relate to the employee, employers should accept the EAD 
as a valid ``List A'' document and should not ask for additional Form 
I-9 documentation. This action by the Secretary of Homeland Security 
through

[[Page 42657]]

this Federal Register Notice does not affect the right of an applicant 
for employment or an employee to present any legally acceptable 
document as proof of identity and eligibility for employment.
    Employers are reminded that the laws requiring employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those setting forth re-verification 
requirements. See 8 CFR 274a.2(b)(1)(vii) (employers re-verification 
requirements). For questions, employers may call the USCIS Office of 
Business Liaison Employer Hotline at 1-800-357-2099 to speak to a USCIS 
representative. Also, employers may call the U.S. Department of Justice 
Office of Special Counsel for Immigration Related Unfair Employment 
Practices (OSC) Employer Hotline at 1-800-255-8155 or 1-800-362-2735 
(TDD). Employees or applicants may call the OSC Employee Hotline at 1-
800-255-7688 or 1-800-237-2515 (TDD) for information regarding the 
automatic extension. Additional information is available on the OSC Web 
site at http://www.usdoj.gov/crt/osc/index.html.

How May Employers Determine an Employee's Eligibility for Employment 
Once the Automatic Extension Has Expired, Between March 17, 2007, and 
the End of the TPS Extension on March 17, 2008?

    TPS beneficiaries who successfully re-register will possess an EAD 
with an expiration date of March 17, 2008. This EAD must be accepted 
for the purposes of verifying identity and employment authorization. 
Employers are reminded that the laws requiring employment eligibility 
verification and prohibiting unfair immigration-related employment 
practices remain in full force, as described above.

What Can an Employee Present to an Employer for Purposes of Completing 
Form I-9, Employment Eligibility Verification?

    During the first six months of this extension of the TPS 
designation for Somalia, employees may submit the following to their 
employer for completion of the Form I-9 at the time of hire or re-
verification. Qualified individuals who have received a six-month 
extension of their EADs by virtue of this Federal Register Notice may 
present a TPS-based EAD to their employer, as described above as proof 
of identity and employment authorization until March 17, 2007. To 
minimize confusion over this extension at the time of hire or re-
verification, qualified individuals may also present a copy of this 
Federal Register Notice regarding the automatic extension of employment 
authorization documentation to March 17, 2007.
    After the first six months of this designation extension, employees 
may present a new EAD valid through March 17, 2008.
    As an alternative to the aforementioned options, any legally 
acceptable document or combination of documents listed in List A, List 
B, or List C of the Form I-9 may be presented as proof of identity and 
employment eligibility; it is the choice of the employee.

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), (h). When a country's TPS designation is 
terminated, TPS beneficiaries will maintain 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 revert to unlawful 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 other immigration benefits for 
which they may be eligible.

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 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), 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 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 eligibility 
beyond the current TPS requirements for the Somalia designation. To be 
eligible for TPS 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.

What is Late Initial Registration?

    Some persons may be eligible for late initial registration under 8 
U.S.C. 1254a(c)(1)(A)(iv) and 8 CFR 244.2(f)(2) and (g). In order to be 
eligible for late initial registration an applicant must:
    (1) Be a national of Somalia (or an 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 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 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;

[[Page 42658]]

    (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 no later than 60 days after the expiration or 
termination of the conditions described above. 8 CFR 244.2(g). All late 
initial registration applications pursuant to the TPS designation of 
Somalia should be submitted to the aforementioned Lockbox address in 
Chicago, Illinois listed under Category 2.

What Happens When This Extension of TPS Expires on March 17, 2008?

    At least 60 days before this extension of Somalia's TPS designation 
expires on March 17, 2008, the Secretary, 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 
section 244 of the Act, the Secretary has determined, after 
consultation with the appropriate Government agencies, that the 
conditions that prompted designation of Somalia for TPS continue to be 
met. Accordingly, the Secretary orders as follows:
    (1) The TPS designation of Somalia is extended for an additional 
18-month period from September 17, 2006, to March 17, 2008. 8 U.S.C. 
1254a(b)(1)(A); 1254a(b)(1)(C); 1254a(b)(3)(C).
    (2) There are approximately 250 nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) who have 
been granted TPS and who may be 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 
and who has not had TPS withdrawn must re-register for TPS during the 
60-day re-registration period from July 27, 2006 until September 25, 
2006.
    (4) To re-register, aliens must follow the aforementioned filing 
procedures set forth in this Notice.
    Information concerning the extension of the 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 13, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-6401 Filed 7-26-06; 8:45 am]
BILLING CODE 4410-10-P