[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

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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

[[Page 23206]]

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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    \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 . . .
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
              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.
------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

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