[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Notices]
[Pages 23202-23210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08363]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2710-21; DHS Docket No. USCIS-2014-0003]
RIN 1615-ZB92
Designation of Sudan for Temporary Protected Status
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Notice of Temporary Protected Status (TPS) designation.
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SUMMARY: Through this Notice, the Department of Homeland Security (DHS)
announces that the Secretary of Homeland Security (Secretary) has
designated Sudan for Temporary Protected Status (TPS) for eighteen
months, from April 19, 2022, through October 19, 2023. This designation
allows eligible Sudanese nationals (and individuals having no
nationality who last habitually resided in Sudan) who have continuously
resided in the United States since March 1, 2022, and who have been
continuously physically present in the United States since April 19,
2022 to apply for TPS.
DATES: Designation of Sudan for TPS: The eighteen-month designation of
Sudan for TPS is effective on April 19, 2022 and will remain in effect
for eighteen months, through October 19, 2023. The registration period
for eligible individuals to submit TPS applications begins April 19,
2022 and will remain in effect through October 19, 2023.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
ADDRESSES: For further information on TPS, including guidance on the
registration process and additional information on eligibility, please
visit the USCIS TPS web page at uscis.gov/tps. You can find specific
information about Sudan's TPS designation by selecting ``Sudan'' from
the menu on the left side of the TPS web page.
If you have additional questions about TPS, please visit uscis.gov/tools. Our online virtual assistant, Emma, can answer many of your
questions and point you to additional information on our website. If
you are unable to find
[[Page 23203]]
your answers there, you may also call our USCIS Contact Center at 800-
375-5283 (TTY 800-767-1833).
Applicants seeking information about the status of their individual
cases may check Case Status Online, available on the USCIS website at
uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter.
Further information will also be available at local USCIS offices
upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
BIA--Board of Immigration Appeals
CFR--Code of Federal Regulations
DHS--U.S. Department of Homeland Security
DOS--U.S. Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Form I-765--Application for Employment Authorization
Form I-797--Notice of Action (Approval Notice)
Form I-821--Application for Temporary Protected Status
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
Form I-94--Arrival/Departure Record
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
IJ--Immigration Judge
INA--Immigration and Nationality Act
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of this Action (TPS)
Through this Notice, DHS sets forth procedures necessary for
eligible beneficiaries whose TPS has been continued pursuant to court
orders, as described in 86 FR 50725 (Sept. 10, 2021), to newly apply
for TPS.\1\ This Notice also sets forth procedures for other eligible
nationals of Sudan (or individuals having no nationality who last
habitually resided in Sudan) to submit an initial registration
application under the designation of Sudan for TPS and apply for an
EAD. Under the designation, individuals must submit an initial Form I-
821, Application for Temporary Protected Status, and they may also
submit a Form I-765, Application for Employment Authorization, during
the registration period that runs from April 19, 2022, through October
19, 2023.\2\ Under section 244(b)(1)(C) of the Immigration and
Nationality Act (INA), 8 U.S.C. 1245a(b)(1)(C), the Secretary is
authorized to designate a foreign state (or any part thereof) for TPS
upon finding that extraordinary and temporary conditions in the foreign
state prevent its nationals from returning safely, unless permitting
the foreign state's nationals to remain temporarily in the United
States is contrary to the national interest of the United States.
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\1\ Since its first litigation compliance Federal Register
notice, DHS has repeatedly emphasized and reserved its statutory
authority to conduct re-registration of beneficiaries, including
those under the Sudan TPS designation, whose TPS is presently
continued under the preliminary injunctions issued in Ramos, et al.
v. Nielsen, et. al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018)
(``Ramos''), on appeal 975 F.3d 872 (9th Cir. 2020), petition for en
banc rehearing filed Nov. 30, 2020 (No. 18-16981); Saget, et. al.,
v. Trump, et. al., No. 18-cv-1599 (E.D.N.Y. Apr. 11, 2019)
(``Saget'') appeal filed, No. 19-1685 (2d Cir.); and Bhattarai v.
Nielsen, No. 19-cv-00731 (N.D. Cal. Mar. 12, 2019) (``Bhattarai'').
See 85 FR at 79209-10; 84 FR 59403, 59406 (Nov. 4, 2019); 84 FR
7103, 7105 (Mar. 1, 2019); 84 FR 45764, 45765-66 (Oct. 31, 2018).
See also infra for discussion of these lawsuits.
\2\ In general, individuals must be given an initial
registration period of no less than 180 days to register for TPS,
but the Secretary has discretion to provide for a longer
registration period. See 8 U.S.C. 1254a(c)(1)(A)(iv). In keeping
with the humanitarian purpose of TPS and advancing the goal of
ensuring ``the Federal Government eliminates . . . barriers that
prevent immigrants from accessing government services available to
them'' under Executive Order 14012, Restoring Faith in Our Legal
Immigration Systems and Strengthening Integration and Inclusion
Efforts for New Americans, 86 FR 8277 (Feb. 5, 2021), the Secretary
has recently exercised his discretion to provide for TPS initial
registration periods that coincide with the full period of a TPS
country's initial designation or redesignation. See, e.g., 86 FR
41863 (Aug. 3, 2021) (providing 18-mos. registration period under
new TPS designation of Haiti); 86 FR 41986 (Aug. 4, 2021)
(``Extension of Initial Registration Periods for New Temporary
Protected Status Applicants Under the Designations for Venezuela,
Syria and Burma). For the same reasons, the Secretary is similarly
exercising his discretion to provide applicants under this TPS
designation of Sudan with an 18-month initial registration period.
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In addition to demonstrating continuous residence in the United
States since March 1, 2022, and meeting other eligibility criteria,
applicants for TPS under this designation must demonstrate that they
have been continuously physically present in the United States since
April 19, 2022, the effective date of this designation of Sudan, for
USCIS to grant them TPS.\3\ DHS estimates that approximately 3,090
individuals are eligible to file applications for TPS under the
designation of Sudan.
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\3\ The ``continuous physical presence date'' (CPP) is the
effective date of the most recent TPS designation of the country,
which is either the publication date of the designation announcement
in the Federal Register or such later date as the Secretary may
establish. The ``continuous residence date'' (CR) is any date
established by the Secretary when a country is designated (or
sometimes redesignated) for TPS. See INA Sec. 244(b)(2)(A)
(effective date of designation); 244(c)(1)(A)(i-ii) (discussing CR
and CPP date requirements).
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What Is TPS?
TPS is a temporary immigration status granted to eligible
nationals of a foreign state designated for TPS under the INA, or to
eligible individuals without nationality who last habitually resided in
the designated foreign state, regardless of their country of birth.
During the TPS designation period, TPS beneficiaries are
eligible to remain in the United States, may not be removed, and are
authorized to obtain EADs so long as they continue to meet the
requirements of TPS.
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion.
The granting of TPS does not result in or lead to lawful
permanent resident status.
To qualify for TPS, beneficiaries must meet the
eligibility standards at INA section 244(c)(1)-(2), 8 U.S.C.
1254a(c)(1)-(2).
When the Secretary terminates a foreign state's TPS
designation, beneficiaries return to one of the following:
[cir] The same immigration status or category that they maintained
before TPS, if any (unless that status or category has since expired or
terminated); or
[cir] Any other lawfully obtained immigration status or category
they received while registered for TPS, as long as it is still valid
beyond the date TPS terminates.
Is Sudan's previous designation for TPS still in effect?
On November 4, 1997, the Attorney General designated Sudan for TPS
due to: (1) An ongoing armed conflict, and that because of such
conflict, requiring the return of nationals to Sudan would pose a
serious threat to their personal safety; and (2) extraordinary and
temporary conditions within Sudan preventing nationals from returning
to Sudan in safety.\4\ Since the initial designation, the Attorney
General and, later, the Secretary, have extended TPS and/or
redesignated Sudan for TPS. Sudan's most recent redesignation for TPS
was in 2013, when the Secretary both extended Sudan's designation and
redesignated Sudan for TPS for eighteen months. Sudan's TPS designation
was extended in 2016 (for eighteen months through November 2, 2017),
and again
[[Page 23204]]
in 2017 (for 12 months). On October 11, 2017, former Acting Secretary
of Homeland Security Elaine Duke provided notice in the Federal
Register that she was terminating Sudan's TPS designation, effective
November 2, 2018.\5\
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\4\ See Designation of Sudan Under Temporary Protected Status,
62 FR 59737 (Nov. 4, 1997).
\5\ For general history of TPS designations, redesignations and
extensions for Sudan, see 81 FRN 4045 (Jan. 25, 2016). See also
Termination of the Designation of Sudan for Temporary Protected
Status, 82 FR 47228 (Oct. 11, 2017).
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The termination of Sudan's TPS designation is being challenged in a
lawsuit, Ramos v. Wolf, with the result that TPS for Sudan remains in
effect pending further court order.\6\ On Sept. 14, 2020, the U.S.
Court of Appeals for the Ninth Circuit vacated the federal district
court's preliminary injunction prohibiting DHS from terminating TPS for
El Salvador, Haiti, Nicaragua and Sudan. However, because the Ninth
Circuit has not issued its directive to the district court to make that
ruling effective, the injunction remains in place. Under the
injunction, DHS must continue TPS and TPS-related documentation for
eligible beneficiaries under the previous designations, including
Sudan's, while the litigation proceeds. In addition, the plaintiffs
have sought en banc rehearing of the appellate panel's decision.
Proceedings are stayed while the case is in mediation.
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\6\ See Ramos, et al. v. Nielsen, et al., 336 F.Supp.3d, 1075
(ND Cal. Oct. 3, 2018), vacated on appeal, Ramos v. Wolf, 975 F.3d
872(9th Cir. Sept. 14, 2020); petition for en banc rehearing filed
Nov. 30, 2021(No. 18-16981).
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DHS has also published a series of Federal Register notices to
maintain compliance with the existing injunction in Ramos and the
related case of Bhattarai v. DHS.\7\ The latest such notice continues
TPS and TPS-related documentation for eligible beneficiaries of the six
affected countries through December 31, 2022.\8\
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\7\ See Bhattarai v. DHS, 19-cv-731 (N.D. Cal.). This case
challenges the terminations of TPS for Honduras and Nepal. The
current stay in the case is contingent on what happens in the appeal
of Ramos, which is currently stayed, as well.
\8\ See 86 FR 50725 (Sept. 10, 2021).
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There are approximately 700 beneficiaries currently receiving TPS
benefits under Sudan's previous designation. These beneficiaries
maintain their status and work authorization at least through December
31, 2022, so long as they remain otherwise eligible for TPS. If the
Ramos preliminary injunction continues in effect beyond December 31,
2022, DHS will continue to issue notices that will continue the
validity of TPS-related documentation for all affected beneficiaries.
USCIS will take appropriate measures to ensure continued compliance
with any relevant court injunctions or other orders affecting Sudan's
TPS that may continue or exist as of that date.
Why was Sudan designated for TPS?
DHS and the Department of State (DOS) have reviewed conditions in
Sudan. Based on this review and after consulting with DOS, the
Secretary has determined that an eighteen-month designation is
warranted because of the extraordinary and temporary conditions
described below.
Overview
Sudan is enduring a humanitarian crisis in which millions of
individuals are exposed to violence, illness, and internal
displacement. Political instability, civil unrest, and scarcity of
resources are key contributors to the situation. In October 2021, the
military removed the civilian-led transitional government, and declared
a national state of emergency. Civil unrest and violent clashes rooted
in tribal and inter-communal tensions occur across the country. An
economic downturn and severe flooding have resulted in shortages of
food and clean water and outbreaks of disease.
Political Situation
In April 2019, after a 30-year rule, Sudan's former President Omar
al-Bashir was removed from power following a popular uprising.\9\ In
August 2019, a civilian-led transitional government was established,
made up of a Sovereign Council whose military, civilian, and armed
group representatives served as a collective head of state, a civilian
Prime Minister as head of government, and a Council of Ministers.\10\
Throughout 2021, Sudan continued to face rising political tensions and
growing protests between different elements of the transition.\11\ On
October 25, 2021, a military takeover led by Lieutenant General Abdel
Fattah Al Burhan brought an end to the civilian-led transitional
government.\12\
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\9\ Sudan Complex Crisis-Overview, Assessment Capacities Project
(ACAPS), Aug. 3, 2021, available at: https://www.acaps.org/country/sudan/crisis/complex-crisis (last visited Mar. 1, 2022).
\10\ Sudan Complex Crisis-Overview, ACAPS, Aug. 3, 2021,
available at: https://www.acaps.org/country/sudan/crisis/complex-crisis (last visited Mar. 1, 2022).
\11\ The Forces for the Declaration of Freedom and Change, or
FDFC, is the main coalition of opposition groups that has been
stepping up calls for the military to hand leadership over to
civilians in the government. It is comprised of various anti-al-
Bashir political parties, professional movements and opposition
groups. It has also called for restructuring the military and
security agencies and ensure that al-Bashir loyalists are removed
from these agencies, and to absorb the various opposition armed
groups into Sudan's security agencies. See Samy Magdy and Lee Keath,
EXPLAINER: How months of tensions led to Sudan's coup, AP News, Oct.
26, 2021, available at: https://apnews.com/article/explaining-what-led-to-sudan-coup-8e3609d1f573b6dd0383ed7a09f0d4aa (last visited
Mar. 1, 2022).
\12\ Miriam Berger and Sammy Westfall, Sudan's military has
taken over, Here's what to know about who's charge, The Washington
Post, last updated Oct. 26, 2021, available at: https://www.washingtonpost.com/world/2021/10/25/sudan-coup-military-takeover-why-who/ (last visited Mar. 1, 2022).
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Since the October 2021 military takeover protests have continued
throughout Sudan.\13\ Hundreds have reportedly been arrested, including
activists, passersby, and journalists; while some of these individuals
have subsequently been released, new arrests continue.\14\ Security
forces have reportedly used excessive force and violence, including
live ammunition and tear gas on protestors.\15\ In addition to the
arrests, by November 17, 2021, a reported 38 protesters had been killed
with hundreds more injured by security forces.\16\
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\13\ Sudanese forces shoot 14 in deadliest day since military
coup, The Guardian, Nov. 17, 2021, available at: https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup (last visited Mar. 1, 2022).
\14\ Sudanese forces shoot 14 in deadliest day since military
coup, The Guardian, Nov. 17, 2021, available at: https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup (last visited Mar. 1, 2022).
\15\ Michael Atit, Sudan Journalists Protest Media Crackdown
Since Coup, Voice of America, Nov. 17, 2021, available at: https://www.voanews.com/a/sudan-journalists-protest-media-crackdown-since-coup/6317029.html (last visited Mar. 1, 2022). See also U.S.
Department of Treasury, Press Releases: Treasury Sanctions Sudanese
Central Reserve Police for Serious Human Rights Abuse, March 21,
2022, available at: https://home.treasury.gov/news/press-releases/jy0668 (last visited Apr. 5, 2022).
\16\ Sudanese forces shoot 14 in deadliest day since military
coup, The Guardian, Nov. 17, 2021, available at: https://www.theguardian.com/world/2021/nov/17/sudanese-forces-shoot-dead-at-least-14-protesters-against-coup (last visited Mar. 1, 2022).
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Following the military takeover, in November 2021, military
leadership reinstated Prime Minister Abdalla Hamdok in an attempt to
quell the protests. However, ``[p]rotests continued even after Mr.
Hamdok had returned to office, with some demonstrators saying that his
reinstatement was helping to legitimatise the military takeover.'' \17\
With violence against civilian protesters continuing, Prime Minister
Hamdok resigned on January 2, 2022.\18\ The U.S.
[[Page 23205]]
government sanctioned the Central Reserve Police, a militarized police
unit, for serious human rights abuse under E.O. 13818 on March 21,
2022.
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\17\ Sudan coup: Prime Minister Abdalla Hamdok resigns after
mass protests, BBC.com, Jan. 3, 2022, available at: https://www.bbc.com/news/world-africa-59855246 (last visited Mar. 1, 2022).
\18\ Yassir Abdullah, Nima Elbagir, and Hamdi Alkhshali,
Sudanese Prime Minister's resignation triggered by military reneging
on deal, sources say, CNN, Jan. 4, 2022, available at: https://www.cnn.com/2022/01/03/africa/sudan-pm-resignation-details-intl/index.html (last visited Mar. 1, 2022).
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Armed Conflict and Civil Unrest
In 2020, the civilian-led transitional government signed a peace
agreement--the Juba Peace Agreement \19\--with various opposition
groups, including groups from Darfur and the ``Two Areas'' (South
Kordofan and Blue Nile) regions of Sudan.\20\ However, one Darfuri
opposition group which did not sign this peace agreement; the Sudan
Liberation Army/Movement, led by Abdul Wahid (SLA/AW), continues to be
engaged in clashes with government forces, including with the Sudanese
Armed Forces (SAF).\21\
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\19\ 2020 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, Mar. 30, 2021, pg. 2, available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/ (last visited Mar. 1, 2022).
\20\ 2020 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, Mar. 30, 2021, pg. 1, available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/ (last visited Mar. 1, 2022).
\21\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Nertiti locality, Central
Darfur, UN Refugee Agency (UNHCR), Aug. 2021, pg. 14, available at:
https://data2.unhcr.org/en/documents/download/88361 (last visited
Mar. 1, 2022).
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In January 2021, United Nations Office of the Coordination of
Humanitarian Affairs (UNOCHA) reported that instability, including
intercommunal tensions, remained in several parts of the country.\22\
In July 2021, the Secretary General for the United Nations (UN)
asserted that the primary security concern in Sudan remains ``the
increasing frequency of intercommunal violence.'' \23\ Additionally,
the withdrawal of the African Union-United Nations Hybrid Operation in
Darfur (UNAMID) in June 2021 \24\ has ``left a security and
programmatic vacuum, which has yet to be filled by the transitional
government or state-level authorities.'' \25\
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\22\ Sudan: Humanitarian Response Plan 2021, UNOCHA, Jan. 2021,
pg. 12, available at: https://www.ecoi.net/en/file/local/2045900/SDN_2021HRP.pdf (last visited Mar. 1, 2022).
\23\ Review of the situation in Darfur--Report of the Secretary
General, UN Security Council, Jul. 31, 2021, pg. 4, available at:
https://undocs.org/pdf?symbol=en/S/2021/696 (last visited Mar. 1,
2022).
\24\ Withdrawal of Hybrid Peacekeeping Operation in Darfur
Completed by 30 June Deadline, Under-Secretary-General Tells
Security Council, Outlining Plans to Liquidate Assets, UN News, Jul.
27, 2021, available at: https://www.un.org/press/en/2021/sc14587.doc.htm (last visited Mar. 1, 2022).
\25\ Review of the situation in Darfur and benchmarks to assess
the measures on Darfur; Report of the Secretary-General [S/2021/
696], UN Security Council, Jul. 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf (last visited
Mar. 1, 2022).
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i. Civil Unrest in Darfur
In July 2021, the UN reported that intercommunal violence has
increased in frequency and scale over the past year, in particular in
West, North and South Darfur.\26\ Since 2019, West Darfur has seen an
escalation of intercommunal violence between two key ethnic groups in
their region -- the ``Arab armed groups and [the] Masalit [Darfuri
ethnic group].'' \27\ An escalation of violence in April 2021
reportedly resulted in 144 people killed and 232 injured. Heavy weapons
were reportedly used, and homes, a hospital, a UN compound, and a camp
for internally displaced persons were destroyed or damaged. Also, ``a
power plant--the only source of electricity in El Geneina--was damaged,
resulting in a critical disruption to most of the town's communication
facilities, in addition to electricity and water supplies in some
areas.'' \28\ A few months later, in July 2021, UNOCHA reported that
``around 500 armed men attacked [a town] leaving more than 60 people
dead, . . . and another 60 injured.'' \29\
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\26\ Review of the situation in Darfur and benchmarks to assess
the measures on Darfur; Report of the Secretary-General [S/2021/
696], UN Security Council, Jul. 2021, pg. 4 (footnote 9 and 10),
available at: https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf (last visited Mar. 1, 2022).
\27\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Jebel Moon Locality, West
Darfur, UNHCR, Aug. 2021, pg. 15, available at: https://data2.unhcr.org/en/documents/download/88361 (last visited Mar. 1,
2022).
\28\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan;
Report of the Secretary-General [S/2021/470], UN Security Council,
May 17, 2021, pg. 5-6, available at: https://www.ecoi.net/en/file/local/2052225/S_2021_470_E.pdf (last visited Mar. 1, 2022).
\29\ Sudan: Escalation of Violence in Darfur--Flash Update No.
2, UNOCHA, Jul. 27, 2020, pg. 1, available at: https://www.ecoi.net/en/file/local/2035090/Situation+Report+-+Sudan+-+23+Jul+2020+%284%29.pdf (last visited Mar. 1, 2022).
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Central Darfur is also considered a hotspot for violent clashes due
to the strong presence of the SLA/AW in this area, and throughout the
Jebel Marra mountains.\30\ Widespread insecurity and regular clashes
between SLA/AW forces and the SAF has resulted in counter retaliation
attacks and reported attacks on civilians for collaborating with either
of the forces.\31\ In September 2021, the UN reported on continued
fighting between SLA/AW and government forces in Central Darfur,\32\
including on May 18, when a clash reportedly resulted in the
displacement of 1,284 people.\33\
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\30\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Nertiti locality, Central
Darfur, UNHCR, Aug. 2021, pg. 14, available at: https://data2.unhcr.org/en/documents/download/88361 (last visited Mar. 1,
2022).
\31\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Nertiti locality, Central
Darfur, UNHCR, Aug. 2021, pg. 14, available at: https://data2.unhcr.org/en/documents/download/88361 (last visited Mar. 1,
2022).
\32\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan, UN
Security Council, Sept. 1, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited
Mar. 1, 2022).
\33\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan, UN
Security Council, Sept. 1, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited
Mar. 1, 2022).
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In South Darfur, fighting in May 2020 over land grazing rights
between an indigenous group, the Fellata/Fallata, and the Rizeigat
reportedly resulted in the death of 30 civilians.\34\ In January 2021,
deadly clashes between these groups resumed, reportedly leaving 60 dead
and 40 wounded.\35\ In July 2021, intercommunal violence persisted
between the Fallata and Ta'isha tribes, reportedly leaving 48 dead and
displacing 185 people.\36\
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\34\ 30 people killed in intercommunal violence in South Darfur,
Reliefweb, May 6, 2020, available at: https://reliefweb.int/report/sudan/30-people-killed-intercommunal-violence-south-darfur (last
visited Mar. 1, 2022).
\35\ Samy Magdy, Tribal clashes leave dozens dead in 2 Sudanese
provinces, Associated Press, Jan. 18, 2021, reported by abcNEWS,
available at: https://abcnews.go.com/International/wireStory/sudanese-bury-victims-darfur-violence-death-toll-129-75322312 (last
visited Mar. 1, 2022).
\36\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan, UN
Security Council, Sept. 1, 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited
Mar. 1, 2022).
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Similar intercommunal tensions in East Darfur are rooted in a long
history of tensions, ``conflict between the Rizeigat (pastoralists) and
Ma'aliya (sedentary farmers) and Rizeigat (pastoralists) against
Misseriya (pastoralists).'' \37\ These legacy disputes
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are ``driven by control of land, tribal leadership and wider political
power plus access to pasture and water.'' \38\
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\37\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Assalaya, Yassin and Sheiria
localities, East Darfur, UNHCR, Aug. 2021 pg. 15, available at:
https://data2.unhcr.org/en/documents/download/88361 (last visited
Mar. 1, 2022).
\38\ Durable Solutions & Baseline Analysis for the UN
Peacebuilding Fund and the Durable Solutions Working Group in Sudan;
Key obstacles to durable solutions and peacebuilding for the
displacement-affected communities in Assalaya, Yassin and Sheiria
localities, East Darfur, UNHCR, Aug. 2021 pg. 15, available at:
https://data2.unhcr.org/en/documents/download/88361 (last visited
Mar. 1, 2022).
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ii. Civil Unrest in Other Regions
The security situation in the Two Areas remains tense.\39\ In 2017,
the main opposition group in this region--the Sudan People's Liberation
Movement/Army-North (SPLM/A-N)--splintered into two factions, resulting
in several months of violence between the two groups.\40\ Both groups
were reportedly also involved in area fighting between Arab nomads and
Nuban farmers in which a dozen or more people were killed.\41\ Similar
``deadly clashes'' \42\ in the region included security forces who
joined and aligned with civilian fighting along ethnic lines.\43\
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\39\ Sudan: Country Report; The situation in South Kordofan and
Blue Nile--An Update (3rd edition with addendum), Asylum Research
Centre, Mar. 2021, pg. 20, available at: https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf (last visited Mar. 1, 2022).
\40\ A Question of Leadership: Addressing a Dangerous Crisis in
Sudan SPLM-N, Enough, Jul. 2017, pg. 2, available at: https://enoughproject.org/reports/a-question-of-leadership (last visited
Mar. 1, 2022).
\41\ 2020 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, Mar. 30, 2021, pg. 9, available at: https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/sudan/ (last visited Mar. 1, 2022).
\42\ Sudan: Country Report; The situation in South Kordofan and
Blue Nile--An Update (3rd edition with addendum), Asylum Research
Centre, Mar. 2021, pg. 22, available at: https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf (last visited Mar. 1, 2022).
\43\ Situation of human rights in the Sudan Report of the
Independent Expert on the situation of human rights in the Sudan, UN
Human Rights Council, Jul. 30, 2020, pg. 13, available at: https://reliefweb.int/report/sudan/report-independent-expert-situation-human-rights-sudan-ahrc4553-enar (last visited Mar. 1, 2022); Sudan:
Country Report; The situation in South Kordofan and Blue Nile--An
Update (3rd edition with addendum), Asylum Research Centre, Mar.
2021, pg. 22-23, available at: https://www.ecoi.net/en/file/local/2045013/Final_01.03.2021.pdf (last visited Mar. 1, 2022).
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In January 2019, Sudan's Eastern State (the ``Red Sea State''),
also saw renewed inter-communal violence between the main Arab and non-
Arab ethnic groups in the region.\44\ In September 2021, the UN
assessed that the ``security situation in the eastern Red Sea State
remained volatile.'' \45\
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\44\ 2019 Country Reports on Human Rights Practices: Sudan, U.S.
Department of State, Mar. 30, 2020, pg. 9, available at: https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/sudan/ (last visited Mar. 1, 2022).
\45\ Situation in the Sudan and the activities of the United
Nations Integrated Transition Assistance Mission in the Sudan, UN
Security Council, Sept. 1, 2021, pg. 5, available at: https://www.ecoi.net/en/file/local/2059931/S_2021_766_E.pdf (last visited
Mar. 1, 2022).
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In the Abyei region disputed between Sudan and South Sudan, the
U.N. reported that the security situation remained tense with renewed
intercommunal violence between the two main ethnic groups in the
region--the Misseriya and Ngok Dinka communities.\46\ In April 2021,
the U.N. reported that the ``general security situation in the Abyei
Area has been relatively calm, yet tense and unpredictable.'' \47\ The
``most prevalent threats to security were shooting incidents, the
increased presence of unidentified armed groups, armed attacks on
civilians and violent confrontations between the communities.'' \48\ As
of March 2022, more than 50,000 people have been displaced due to
hostilities in Abyei.\49\
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\46\ The situation in Abyei; Report of the Secretary-General [S/
2020/1019], UN Security Council, Oct. 15, 2020, available at:
https://www.ecoi.net/en/file/local/2039488/S_2020_1019_E.pdf (last
visited Mar. 1, 2022).
\47\ The situation in Abyei; Report of the Secretary-General [S/
2021/383], UN Security Council, Apr. 20, 2021, pg. 2, available at:
https://reliefweb.int/report/sudan/situation-abyei-report-secretary-general-s2021383-enar (last visited Mar. 1, 2022).
\48\ The situation in Abyei; Report of the Secretary-General [S/
2021/383], UN Security Council, Apr. 20, 2021, pg. 2, available at:
https://reliefweb.int/report/sudan/situation-abyei-report-secretary-general-s2021383-enar (last visited Mar. 1, 2022).
\49\ Abyei Clashes Flash Update No. 2--As of 09 March 2022,
OCHA, Mar. 9, 2022, available at: https://reliefweb.int/report/south-sudan/abyei-clashes-flash-update-no-2-09-march-2022 (last
visited Apr. 4, 2022).
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Humanitarian Crisis
Sudan also continues ``to suffer from one of the world's largest
protracted humanitarian crises'' due to conflict and displacement,
deteriorating economic conditions, limited access to basic services,
and several disease outbreaks, including the COVID-19 pandemic.\50\
Since 2018, Sudan has also faced severe economic challenges.\51\
National poverty levels have risen drastically,\52\ and incomes, wages,
and purchasing power have fallen, ``driving 9.6 million people--almost
a quarter of the entire population of Sudan--to severe food
insecurity.'' \53\ This economic crisis has reportedly ``degraded the
already weak, underdeveloped and heavily underfunded primary healthcare
system,'' including by the end of 2020, reducing the number of
healthcare facilities by 40 percent across the country.\54\ The COVID-
19 pandemic has further ``compounded the already dire public health
situation.'' \55\
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\50\ Sudan Humanitarian impact of multiple protracted crises,
ACAPS, Nov. 24, 2021, pg. 2, available at: https://www.acaps.org/sites/acaps/files/products/files/20201124_acaps_briefing_note_sudan_impact_of_multiple_crises.pdf
(last visited Mar. 1, 2022).
\51\ Sudan Economic Crisis, ACAPS, Feb. 2019, pg. 1, available
at: https://www.acaps.org/sites/acaps/files/products/files/20190213_acaps_briefing_note_sudan_economic_crisis.pdf (last visited
Mar. 1, 2022).
\52\ Child Protection Annual Report 2020, UN Children's Fund
(UNICEF), Mar. 2021, pg. 6, available at: https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf (last visited Mar.
1, 2022).
\53\ Child Protection Annual Report 2020, UNICEF, Mar. 2021, pg.
6, available at: https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf (last visited Mar. 1, 2022).
\54\ Child Protection Annual Report 2020, UNICEF, Mar. 2021, pg.
6, available at: https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf (last visited Mar. 1, 2022).
\55\ Child Protection Annual Report 2020, UNICEF, Mar. 2021, pg.
6, available at: https://www.unicef.org/sudan/media/6091/file/Child%20Protection%20.pdf (last visited Mar. 1, 2022).
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During the rainy season in 2020, flooding affected ``close to
900,000 people across the country and farmland, livestock, shelter and
other infrastructure.'' \56\ Other areas suffered droughts. \57\ Many
of the flood areas have very limited access to clean water.\58\ Water
supply sources have been affected by overflow of the Blue Nile River
destroying nearby latrines, resulting in increased risk of water
contamination and the outbreak of waterborne diseases.\59\ The health
situation in Sudan has continued to deteriorate due to flooding causing
``stagnant and contaminated water.'' \60\
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\56\ Sudan: Humanitarian Response Plan 2021, UNOCHA, Feb. 21,
2021, pg. 12, available at: https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last
visited Mar. 1, 2022).
\57\ The situation in Abyei; Report of the Secretary-General [S/
2021/383], UN Security Council, Apr. 20, 2021, pg. 5, available at:
https://www.ecoi.net/en/document/2050368.html (last visited Mar. 1,
2022).
\58\ Sudan: Floods--Operation Update--Emergency Appeal,
International Federation of Red Cross and Red Crescent Societies,
Mar. 25, 2021, available at: https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021 (last visited Mar. 1, 2022).
\59\ Sudan: Floods--Operation Update--Emergency Appeal,
International Federation of Red Cross and Red Crescent Societies,
Mar. 25, 2021, available at: https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021 (last visited Mar. 1, 2022).
\60\ Sudan: Floods--Operation Update--Emergency Appeal,
International Federation of Red Cross and Red Crescent Societies,
Mar. 25, 2021, available at: https://reliefweb.int/report/sudan/sudan-floods-operation-update-emergency-appeal-n-mdrsd028-24-march-2021 (last visited Mar. 1, 2022).
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Sudan's worsening economy and protracted health emergencies have
resulted in an increase in the number of
[[Page 23207]]
people without access to basic health services.\61\ Sudan has
experienced disease outbreaks including cholera, malaria, dengue,
chikungunya, viral hemorrhagic fevers and polio.\62\ In 2020 alone,
thirteen out of Sudan's eighteen states experienced one or more
outbreaks of chikungunya, dengue fever, rift valley fever or
diphtheria.\63\ The COVID-19 pandemic has ``further strained the
capacity of the health care system due to nationwide lockdowns, re-
allocation of health resources, and disruption of global supply chains
that impacted availability of medicines and medical supplies.'' \64\
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\61\ Sudan Situation Report, 31 May 2021, UNOCHA, May 31, 2021,
pg. 46, available at: https://www.ecoi.net/en/file/local/2055652/Situation+Report+-+Sudan+-+12+May+2021.pdf (last visited Mar. 1,
2022).
\62\ Sudan: Humanitarian Response Plan, UNOCHA, Feb. 21, 2021,
available at: https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last visited Mar. 1, 2022).
\63\ Sudan Health Annual Report 2020, UNICEF, pg. 5, available
at: https://www.unicef.org/sudan/media/6141/file/Health.pdf (last
visited Mar. 1, 2022).
\64\ Sudan: Humanitarian Response Plan, UNOCHA, Feb. 21, 2021,
pg. 46, available at: https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last visited Mar.
1, 2022).
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According to UNOCHA, in Sudan, ``[w]omen and girls suffer the most
due to insecurity, violations of basic human rights, low economic
status, lack of livelihood opportunities, and lack of community
awareness on women's rights.'' \65\ The United Nations Children's Fund
(UNICEF) has also noted that ``[c]hildren throughout Sudan are already
bearing the brunt of decades of conflict, chronic underdevelopment and
poor governance,\66\ with 64 percent of children below 14 years of age
experiencing various forms of violence.'' \67\
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\65\ Sudan: Humanitarian Response Plan, UNOCHA, Feb. 21, 2021,
pg. 60, available at: https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last visited Mar.
1, 2022).
\66\ Children killed, injured, detained and abused amid
escalating violence and unrest in Sudan, UNICEF, Jun. 11, 2019,
available at: https://www.unicef.org/press-releases/children-killed-injured-detained-and-abused-amid-escalating-violence-and-unrest
(last visited Mar. 1, 2022).
\67\ Child Protection Annual Report 2020, UNICEF, Mar. 2021, pg.
7, available at: https://www.unicefusa.org/about/publications/annual-report-2020?gclid=EAIaIQobChMI9p2M0uD39AIVMv7jBx3c2gHbEAAYASAAEgKHN_D_BwE
(last visited Mar. 1, 2022).
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According to UNOCHA, ``Sudan has seen an increase in the number of
people in need of humanitarian assistance from 5.8 million people in
2016 to 13.4 million in 2021.'' \68\ It is estimated that among the
13.4 million people in need,\69\ 9.8 million are severely food
insecure.\70\ Yet, access to humanitarian assistance is uncertain. In
2021, the Assessments Capacities Project (ACAPS) reported that armed
opposition groups in some areas created ``barriers to the delivery of
humanitarian aid.'' \71\ Intercommunal clashes in other areas have also
affected humanitarian operations.\72\ The UNAMID drawdown and closure
has also resulted in increased looting and impacted ``people's ability
to move and reach needed aid.'' \73\ In July 2021, the UN reported that
``since January 2021, 11 of the 14 UNAMID team sites, which have been
handed over to civilian authorities, have been looted.'' \74\
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\68\ Sudan: Humanitarian Response Plan, UNOCHA, Feb. 21, 2021,
pg. 10, available at: https://reliefweb.int/report/sudan/sudan-humanitarian-response-plan-2021-january-2021-enar (last visited Mar.
1, 2022).
\69\ Sudan Key Figures, UNOCHA, available at: https://m.reliefweb.int/country/220/sdn (last visited on Nov. 23, 2021).
\70\ Sudan Situation Report, UNOCHA, Sep. 27, 2021, available
at: https://reliefweb.int/report/sudan/sudan-situation-report-29-sep-2021 (last visited Mar. 1, 2022).
\71\ Humanitarian Access Overview, ACAPS, Jul. 2021, pg. 12,
available at: https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf
(last visited Mar. 1, 2022).
\72\ Humanitarian Access Overview, ACAPS, Jul. 2021, pg. 12,
available at: https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf
(last visited Mar. 1, 2022).
\73\ Humanitarian Access Overview, ACAPS, Jul. 2021, pg. 12,
available at: https://www.acaps.org/sites/acaps/files/products/files/20210719_acaps_humanitarian_access_overview_july_2021.pdf
(last visited Mar. 1, 2022).
\74\ Review of the situation in Darfur and benchmarks to assess
the measures on Darfur; Report of the Secretary-General [S/2021/
696], UN Security Council, Jul. 2021, pg. 4, available at: https://www.ecoi.net/en/file/local/2058498/S_2021_696_E.pdf (last visited
Mar. 1, 2022).
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What authority does the Secretary have to designate Sudan for TPS?
Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the
Secretary,\75\ after consultation with appropriate agencies of the U.S.
Government, to designate a foreign state (or part thereof) for TPS if
the Secretary determines that certain country conditions exist.\76\ The
decision to designate any foreign state (or part thereof) is a
discretionary decision, and there is no judicial review of any
determination with respect to the designation, or termination of or
extension of a designation. See INA section 244(b)(5)(A); 8 U.S.C.
1254a(b)(5)(A).\77\ The Secretary, in his or her discretion, may then
grant TPS to eligible nationals of that foreign state (or individuals
having no nationality who last habitually resided in the designated
foreign state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A).
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\75\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135.
\76\ INA Sec. 244(b)(1) ascribes this power to the Attorney
General. Congress transferred this authority from the Attorney
General to the Secretary of Homeland Security. See Homeland Security
Act of 2002, Public Law 107-296, 116 Stat. 2135. The Secretary may
designate a country (or part of a country) for TPS on the basis of
ongoing armed conflict such that returning would pose a serious
threat to the personal safety of the country's nationals and
habitual residents, environmental disaster (including an epidemic),
or extraordinary and temporary conditions in the country that
prevent the safe return of the country's nationals. For
environmental disaster-based designations, certain other statutory
requirements must be met, including that the foreign government must
request TPS. A designation based on extraordinary and temporary
conditions cannot be made if the Secretary finds that allowing the
country's nationals to remain temporarily in the United States is
contrary to the U.S. national interest. Id., at Sec. 244(b)(1).
\77\ This availability of judicial review is under consideration
by the courts in the TPS litigation referenced supra.
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At least 60 days before the expiration of a foreign state's TPS
designation or extension, the Secretary, after consultation with
appropriate U.S. Government agencies, must review the conditions in the
foreign state designated for TPS to determine whether they continue to
meet the conditions for the TPS designation. See INA section
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that
the foreign state meets the conditions for TPS designation, the
designation will be extended for an additional period of 6 months or,
in the Secretary's discretion, twelve or eighteen months. See INA
section 244(b)(3)(A), (C), 8 U.S.C. 1254a(b)(3)(A), (C). If the
Secretary determines that the foreign state no longer meets the
conditions for TPS designation, the Secretary must terminate the
designation. See INA section 244(b)(3)(B), 8 U.S.C. 1254a(b)(3)(B).
Notice of the Designation of Sudan for TPS
By the authority vested in me as Secretary under INA section 244, 8
U.S.C. 1254a, I have determined, after consultation with the
appropriate U.S. Government agencies, the statutory conditions
supporting Sudan's designation for TPS on the basis of extraordinary
and temporary conditions in Sudan that prevent the safe return of its
nationals are met. See INA section 244(b)(1)(C), 8 U.S.C.
1254a(b)(1)(C). I estimate approximately 3,090 individuals may be
eligible for TPS under the designation of Sudan. On the
[[Page 23208]]
basis of this determination, I am designating Sudan for TPS for
eighteen months, from April 19, 2022 through October 19, 2023. See INA
section 244(b)(1)(C) and (b)(2); 8 U.S.C. 1254a(b)(1)(C), and (b)(2).
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
Eligibility and Employment Authorization for TPS
Required Application Forms and Application Fees To Register for TPS
ALL APPLICANTS, including individuals whose TPS under the previous
designation of Sudan has been continued under a preliminary injunction
issued by the Ramos court and 86 FR 50725 (Sept. 10, 2021), should
follow these instructions: You must submit a Form I-821, Application
for Temporary Protected Status as a new applicant by selecting ``1.a
This is my initial (first time) application for Temporary Protected
Status (TPS). I do not currently have TPS,'' along with the required
$50 fee for Form I-821 or request for fee waiver. If your TPS is
currently continuing under the court orders in Ramos, checking this
1.a. box as an initial applicant under this new designation of Sudan
does not affect the continuation of your TPS while those orders remain.
However, if those orders are no longer in effect, applying for TPS
under this Federal Register Notice will help ensure that you have TPS
until the end of this eighteen-month designation on October 19, 2023,
as long as you remain eligible. USCIS understands that you do currently
have TPS if you are covered by the court orders and checking Box 1.a.
will not be deemed a misrepresentation on your part.
You may request a fee waiver by submitting a Form I-912, Request
for a Fee Waiver. You must also pay the biometric services fee if you
are age 14 or older, unless USCIS grants a fee waiver. Please see
additional information under the ``Biometric Services Fee'' section of
this Notice. You are not required to submit Form I-765 or have an EAD
but see below for more information if you want to work in the United
States.
How TPS Beneficiaries Can Obtain an Employment Authorization Document
(EAD)
Everyone must provide their employer with documentation showing
that they have the legal right to work in the United States. TPS
beneficiaries are authorized to work incident to their TPS and they may
apply for and obtain an EAD, which proves their legal right to work.
TPS applicants who want to obtain an EAD valid through October 19,
2023, must file a Form I-765, Application for Employment Authorization
and pay the Form I-765 fee (or request a fee waiver). TPS applicants
may file this form along with their TPS application, or at a later
date, provided their TPS application is still pending or has been
approved.
For more information on the application forms and fees for TPS,
please visit the USCIS TPS web page at uscis.gov/tps. Fees for the Form
I-821, the Form I-765, and biometric services are also described in 8
CFR 103.7(b)(1)(i).
Refiling an Initial TPS Registration Application After Receiving a
Denial of a Fee Waiver Request
If you receive a denial of a fee waiver request, you must refile
your Form I-821 for TPS along with the required fees during the
registration period, which extends until October 19, 2023, in order to
continue seeking initial TPS or to newly register to avoid losing
protection in the event that the court injunctions are lifted. You may
also file Form I-765 with payment of the fee along with your TPS
application or at any later date you decide you want to request an EAD
during the registration period.
Filing Information
USCIS offers the option to applicants for TPS under Sudan's
designation to file Form I-821 and related requests for EADs online or
by mail. When filing a TPS application, applicants can also request an
EAD by submitting a completed Form I-765 with their Form I-821.
Online filing: Forms I-821 and I-765 are available for filing
online.\78\ To file these forms online, you must first create a USCIS
online account.\79\
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\78\ Find information about online filing at Forms Available to
File Online, https://www.uscis.gov/file-online/forms-available-to-file-online.
\79\ https://myaccount.uscis.gov/users/sign_up.
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Mail filing: Mail your application for TPS to the proper address in
Table 1.
Table 1--Mailing Addresses
Mail your completed Form I-821, Application for Temporary Protected
Status, and Form I-765, Application for Employment Authorization, Form
I-912, Request for Fee Waiver (if applicable), and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
------------------------------------------------------------------------
If you . . . Mail to . . .
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Are a beneficiary under the TPS U.S. Postal Service (USPS),
designation for Sudan. USCIS, Attn: TPS Sudan, P.O.
Box 6943. Chicago, IL 60680-
6943.
FedEx, UPS, or DHL: USCIS,
Attn: TPS Sudan (Box 6943),
131 S Dearborn St. 3rd Floor,
Chicago, IL 60603-5517.
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If you were granted TPS by an immigration judge (IJ) or the Board
of Immigration Appeals (BIA) and you wish to request an EAD, please
mail your Form I-765 application to the appropriate mailing address in
Table 1. When you are requesting an EAD based on an IJ/BIA grant of
TPS, please include a copy of the IJ or BIA order granting you TPS with
your application. This will help us verify your grant of TPS and
process your application.
Supporting Documents
The filing instructions on the Form I-821 list all the documents
needed to establish eligibility for TPS. You may also find information
on the acceptable documentation and other requirements for applying
(that is, registering) for TPS on the USCIS website at uscis.gov/tps
under ``Sudan.''
Travel
TPS beneficiaries may also apply for and be granted travel
authorization as a matter of discretion. You must file for travel
authorization if you wish to travel outside the United States. If
granted, travel authorization gives you permission to leave the United
States
[[Page 23209]]
and return during a specific period. To request travel authorization,
you must file Form I-131, Application for Travel Document, available at
www.uscis.gov/i-131. You may file Form I-131 together with your Form I-
821 or separately. When filing the Form I-131, you must:
Select Item Number 1.d. in Part 2 on the Form I-131; and
Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you are filing Form I-131 together with Form I-821, send your
forms to the address listed in Table 1. If you are filing Form I-131
separately based on a pending or approved Form I-821, send your form to
the address listed in Table 2 and include a copy of Form I-797 for the
approved or pending Form I-821.
Table 2--Mailing Addresses
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If you . . . Mail to . . .
------------------------------------------------------------------------
Are filing Form I-131 together with a The address provided in Table
Form I-821, Application for Temporary 1.
Protected Status.
Are filing Form I-131 based on a USCIS Dallas Lockbox
pending or approved Form I-821, you U.S. Postal Service (USPS):
must include a copy of the receipt U.S. Citizenship and
notice (Form I-797C) showing we Immigration Services, Attn: I-
accepted or approved your Form I-821. 131 TPS, P.O. Box 660167,
Dallas, TX 75266-0867.
FedEx, UPS, or DHL: U.S.
Citizenship and Immigration
Services, Attn: I-131 TPS,
2501 S State Hwy. 121
Business, Ste. 400,
Lewisville, TX 75067.
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Biometric Services Fee for TPS
Biometrics (such as fingerprints) are required for all applicants
14 years of age and older. Those applicants must submit a biometric
services fee. As previously stated, if you demonstrate an inability to
pay the biometric services fee, you may be able to have the fee waived.
A fee waiver may be requested by submitting a Form I-912, Request for
Fee Waiver. For more information on the application forms and fees for
TPS, please visit the USCIS TPS web page at uscis.gov/tps. If
necessary, you may be required to visit an Application Support Center
to have your biometrics captured. For additional information on the
USCIS biometric screening process, please see the USCIS Customer
Profile Management Service Privacy Impact Assessment, available at
dhs.gov/privacy.
General Employment-Related Information for TPS Applicants and Their
Employers
How can I obtain information on the status of my TPS application and
EAD request?
To get case status information about your TPS application, as well
as the status of your TPS-based EAD request, you can check Case Status
Online at uscis.gov, or visit the USCIS Contact Center at uscis.gov/contactcenter. If your Form I-765 has been pending for more than 90
days, and you still need assistance, you may ask a question about your
case online at egov.uscis.gov/e-request/Intro.do or call the USCIS
Contact Center at 800-375-5283 (TTY 800-767-1833).
When hired, what documentation may I show to my employer as evidence of
identity and employment authorization when completing Form I-9?
You can find the Lists of Acceptable Documents on the last page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at uscis.gov/i-9-central/acceptable-documents. Employers must complete Form I-9 to verify the identity and
employment authorization of all new employees. Within three days of
hire, employees must present acceptable documents to their employers as
evidence of identity and employment authorization to satisfy Form I-9
requirements.
You may present any document from List A (which provides evidence
of both identity and employment authorization) or one document from
List B (which provides evidence of your identity) together with one
document from List C (which provides evidence of employment
authorization), or you may present an acceptable receipt as described
in the Form I-9 Instructions. The TPS EADs that DHS automatically
extended in the September 10, 2021, compliance notice will remain valid
until at least December 31, 2022.\80\ Employers may not reject a
document based on the fact that it has been automatically extended, or
due to a future expiration date. Individuals whose existing TPS-related
documentation continues through December 31, 2022, in accordance with
the court orders in Ramos and Saget and the DHS Federal Register notice
at 86 FR 50725 (September 10, 2021), may present documentation as
described in that notice to their employers for purposes of
demonstrating employment eligibility through December 31, 2022. You can
find additional information about Form I-9 on the I-9 Central web page
at uscis.gov/I-9Central. An EAD is an acceptable document under List A.
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\80\ See Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 86 FR 50725 (Sep. 10, 2021).
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If I have an EAD based on another immigration status, can I obtain a
new TPS-based EAD?
Yes, if you are eligible for TPS, you can obtain a new TPS-based
EAD, regardless of whether you have an EAD or work authorization based
on another immigration status. If you want to obtain a new TPS-based
EAD valid through October 19, 2023, then you must file Form I-765,
Application for Employment Authorization, and pay the associated fee
(unless USCIS grants your fee waiver request).
Can my employer require that I provide any other documentation such as
evidence of my status or proof of my Sudanese citizenship or a Form I-
797C showing that I registered for TPS for Form I-9 completion?
No. When completing Form I-9, employers must accept any
documentation you choose to present from the Form I-9 Lists of
Acceptable Documents that reasonably appears to be genuine and that
relates to you, or an acceptable List A, List B, or List C receipt.
Employers need not reverify List B identity documents. Employers may
not request proof of Sudanese citizenship or proof of registration for
TPS when completing Form I-9 for new hires or reverifying the
employment authorization of current employees. Refer to the ``Note to
Employees'' section of this Federal Register notice
[[Page 23210]]
for important information about your rights if your employer rejects
lawful documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin. Employers can refer to the compliance
notice that DHS published on September 10, 2021, for information on how
to complete the Form I-9 with TPS EADs that DHS extended through
December 31, 2022.\81\
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\81\ See Continuation of Documentation for Beneficiaries of
Temporary Protected Status Designations for El Salvador, Haiti,
Nicaragua, Sudan, Honduras, and Nepal, 86 FR 50725 (Sep. 10, 2021).
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Note to All Employers
Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This Federal Register notice
does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those rules setting
forth reverification requirements. For general questions about the
employment eligibility verification process, employers may call USCIS
at 888-464-4218 (TTY 877-875-6028) or email USCIS at [email protected]. USCIS accepts calls and emails in English and
many other languages. For questions about avoiding discrimination
during the employment eligibility verification process (Form I-9 and E-
Verify), employers may call the U.S. Department of Justice, Civil
Rights Division, Immigrant and Employee Rights Section (IER) Employer
Hotline at 800-255-8155 (TTY 800-237-2515). IER offers language
interpretation in numerous languages. Employers may also email IER at
[email protected].
Note to Employees
For general questions about the employment eligibility verification
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or
email USCIS at [email protected]. USCIS accepts calls in
English, Spanish and many other languages. Employees or job applicants
may also call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515)
for information regarding employment discrimination based on
citizenship, immigration status, or national origin, including
discrimination related to Form I-9 and E-Verify. The IER Worker Hotline
provides language interpretation in numerous languages.
To comply with the law, employers must accept any document or
combination of documents from the Lists of Acceptable Documents if the
documentation reasonably appears to be genuine and to relate to the
employee, or an acceptable List A, List B, or List C receipt as
described in the Form I-9 Instructions. Employers may not require extra
or additional documentation beyond what is required for Form I-9
completion. Further, employers participating in E-Verify who receive an
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must
promptly inform employees of the TNC and give such employees an
opportunity to contest the TNC. A TNC case result means that the
information entered into E-Verify from Form I-9 differs from records
available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of a
TNC while the case is still pending with E-Verify. A Final
Nonconfirmation (FNC) case result is received when E-Verify cannot
confirm an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive an FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at justice.gov/ier and the
USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
This Federal Register Notice does not invalidate the compliance
notice DHS issued on September 10, 2021, which extended the validity of
certain TPS documentation through December 31, 2022 and does not
require individuals to present an I-797, Notice of Action. For Federal
purposes, individuals approved for TPS may show their Form I-797,
Notice of Action, indicating approval of their Form I-821 application,
or their A12 EAD (including those that have been extended) to prove
that they have TPS. USCIS can also confirm whether an individual has
TPS if they show a C19 EAD, which indicates prima facie eligibility for
TPS. While Federal Government agencies must follow the guidelines laid
out by the Federal Government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents they require you to provide to
prove eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are covered under
TPS or show you are authorized to work based on TPS. Examples of such
documents are:
Your new EAD with a category code of A12 or C19 for TPS,
regardless of your country of birth;
A copy of your Form I-94, Arrival/Departure Record; or
Form I-797, the notice of approval, for a current Form I-
821, if you received one from USCIS.
Check with the government agency regarding which document(s) the
agency will accept.
Some benefit-granting agencies use the SAVE program to confirm the
current immigration status of applicants for public benefits. SAVE can
verify when an individual has TPS based on the documents above. In most
cases, SAVE provides an automated electronic response to benefit-
granting agencies within seconds, but occasionally verification can be
delayed. You can check the status of your SAVE verification by using
CaseCheck at uscis.gov/save/save-casecheck, then by clicking the
``Check Your Case'' button. CaseCheck is a free service that lets you
follow the progress of your SAVE verification using your date of birth
and SAVE verification case number or an immigration identifier number
that you provided to the benefit-granting agency. If an agency has
denied your application based solely or in part on a SAVE response, the
agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has received and
acted on or will act on a SAVE verification and you do not believe the
response is correct, please see the SAVE Records: Fast Facts For
Benefit Applicants sheet under SAVE Resources at https://www.uscis.gov/save/save-resources for information about how to correct or update your
immigration record.
[FR Doc. 2022-08363 Filed 4-18-22; 8:45 am]
BILLING CODE 9111-97-P