INS Notice of Termination of Designation of Liberia under TPS
[Notices]
[Page 41463-41464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy99-129]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1953-99; AG Order No. 2236-99]
Termination of Designation of Liberia Under the Temporary Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Attorney General's most recent designation of Liberia under the Temporary Protected Status program (TPS) expires on September 28, 1999. After reviewing country conditions and consulting with the appropriate Government agencies, the Attorney General has determined that conditions in Liberia no longer support a TPS designation. Accordingly, the designation of Liberia for TPS is terminated effective September 28, 1999. After that date, aliens who are nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) who have had TPS under the Liberia program will no longer have such status. This notice contains information regarding the termination of the TPS designation for Liberia.
DATES: The termination of the TPS designation for Liberia is effective September 28, 1999.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Office of Adjudications, Residence and Status Branch, Immigration and Naturalization Service, Room 3040, 425 I Street, NW, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority for the Designation and Termination of a TPS?
Under section 244 of the Immigration and Nationality Act (the Act), 8 U.S.C. 1254a, the Attorney General is authorized to designate a foreign state (or part of a state) for TPS. The Attorney General must then grant TPS to eligible nationals of that foreign state (or aliens having no nationality who last habitually resided in that state). Section 244(b)(3)(A) of the Act requires the Attorney General to review, at least 60 days before the end of the TPS designation, the conditions in a foreign state designated under section 244(b)(1) of the Act. 8 U.S.C. 1254a(b)(3)(A).
Section 244(b)(3) further requires the Attorney General to determine whether the conditions for such a designation continue to be met, and to terminate the state's designation when the Attorney General determines conditions are no longer met. 8 U.S.C. 1254a(b)(3)(B). The Attorney General must then publish a notice of termination in the Federal Register.
Why Did the Attorney General Decide To Terminate TPS for Liberia?
On September 29, 1998, the Attorney General published a notice re- designating Liberia for TPS for a period of one year, based upon conditions in Liberia at that time. 63 FR 51958 (Sept. 29, 1998). That TPS designation is scheduled to expire on September 28, 1999.
Based upon a more recent review of conditions within Liberia by the Departments of Justice and State, the Attorney General finds that conditions no longer support a TPS designation. A Department of State memorandum concerning Liberia states that ``[t]he divisive civil war in Liberia which began in 1990 ended with the Abuja Peace Accords in 1996. Since 1997, the country in general has not experienced ongoing armed conflict. In September 1998, violence erupted suddenly in Monrovia.* * * Since then, however, no further general conflict has occurred.'' The memorandum also states that ``Although conditions in Liberia remain difficult, the overall situation is not sufficiently adverse to prevent most Liberian nationals in the U.S. from returning to Liberia in safety.'' It concludes, ``The Department of State finds that sufficient grounds to recommend a further extension of TPS for Liberia do not exist. We therefore recommend that TPS for Liberia be terminated on its current expiration date of September 28, 1999.''
Based on these findings, the Attorney General has decided to terminate the designation of Liberia for TPS.
What Can I Do If I Feel That My Return To Liberia Is Unsafe?
This notice terminates the designation of Liberia under the TPS program. There may be avenues of immigration relief available to aliens who are nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) in the United States who believe that their particular circumstances make return to Liberia unsafe. Such avenues may include, but are not limited to, asylum or withholding of removal.
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How Does The Termination of TPS Effect Former TPS Beneficiaries?
After the designation of Liberia for TPS is terminated on September 28, 1999, those aliens who are nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) will revert back to the immigration status they had prior to TPS, unless they have been granted another immigration status. They stay of removal and eligibility for employment authorization due to the designation of Liberia under the TPS program will no longer be avaiable. However, the termination of the TPS designation for Liberia will not affect any pending applications for other forms of immigration relief.
Those persons who received TPS under the Liberian designation may begin accruing unlawful presence as of September 29, 1999, if they have not been granted any other immigration benefit or have no application for such a benefit pending. Aliens who accrue certain periods of unlawful presence in the United States may be barred from admission to the United States under section 212(a)(9)(B)(i) of the Act. See 8 U.S.C. 1182(a)(9)(B)(i).
Notice of Termination of Designation of Liberia Under the TPS Program
By the authority vested in me as Attorney General under section 244(b)(3) of the Act, I have consulted with the appropriate agencies of Government concerning conflict and security conditions in Liberia. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have determined that Liberia no longer meets the conditions for designation of TPS under section 244(b)(1) of the Act. See 8 U.S.C. 1254a(b)(1).
The civil war in Liberia ended in 1996, with the exception of some armed violence in September 1998. This eruption of violence resulted in the Department of State's September 1998 recommendation to extent TPS for an additional year. Since that time, however, no further general conflict has occurred. I also understand, that, even though the country has made little progress in recovering from the war, the return of persons to Liberia would not result in a danger to their personal safety. In view of the recommendations of the Departments of Justice and State for termination, I terminate the designation of Liberia under the TPS program.
Accordingly, I order as follows:
(1) The designation of Liberia for TPS under section 244(b) of the Act is terminated effective September 28, 1999.
(2) I estimate that there are no more than 10,000 nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) who have been previously granted TPS.
(3) Information concerning the termination of the TPS program for nationals of Liberia (and aliens having no nationality who last habitually resided in Liberia) will be available at local Service offices upon publication of this notice.
Dated: July 28, 1999.Janet Reno,
Attorney General.
[FR Doc. 99-19700 Filed 7-28-99; 12:46 pm]
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