INS Notice of Extension of TPS for Somalia
[Notices]
[Page 51602-51603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se98-80]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1945-98; AG Order No. 2179-98]
RIN 1115--AE 26
Extension of Designation of Somalia Under Temporary Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice extends, until September 17, 1999, the Attorney General's designation of Somalia under the Temporary Protected Status (TPS) program provided for in section 244 of the Immigration and Nationality Act, as amended (Act). Accordingly, eligible aliens who are nationals of Somalia (or who have no nationality and who last habitually resided in Somalia) may re-register for TPS and are eligible for an extension of employment authorization. This re-registration is limited to persons who registered for the initial period of TPS, which ended on September 16, 1992.
EFFECTIVE DATE: This extension of designation is effective September 18, 1998, and will remain in effect until September 17, 1999. The re- registration procedures become effective September 28, 1998, and will remain in effect until October 27, 1998.
FOR FURTHER INFORMATION CONTACT: George Raftery, Residence and Status Branch, Adjudications, Immigration and Naturalization Service, Room 3214, 425 I Street, NW., Washington, DC 20536, telephone (202) 305-3199.
SUPPLEMENTARY INFORMATION:
Background
Subsection 308(b)(7) of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. L. 104-208, dated September 30, 1996, redesignated section 244A of the Act as section 244. Under this section, the Attorney General continues to be authorized to grant TPS to eligible aliens who are nationals of a foreign state designated by the Attorney General (or who have no nationality and last habitually resided in that state). The Attorney General may designate a state upon finding that the state is experiencing ongoing armed conflict, environmental disaster, or certain other extraordinary and temporary conditions that prevent nationals or residents of the country from returning in safety.
On September 16, 1991, the Attorney General designated Somalia for Temporary Protected Status for a period of 12 months (56 FR 46804). The Attorney General extended the designation of Somalia under the TPS program for additional 12-month periods until September 17, 1998 (62 FR 41421).
Based on a thorough review by the Departments of State and Justice of all available evidence, the Attorney General finds that the ongoing armed conflict in Somalia continues and that, due to such armed conflict, extension of the designation of Somalia for TPS is required.
This notice extends the designation of Somalia under the Temporary Protected Status program for an additional 12 months, from September 18, 1998, to September 17, 1999, in accordance with subsections 244(b)(3)(A) and (C) of the Act. This notice also describes the procedures with which eligible aliens who are nationals of Somalia (or who have no nationality and who last habitually resided in Somalia) must comply in order to re-register for TPS.
In addition to timely re-registrations and late re-registrations authorized by this notice's extension of Somalia's TPS designation, late initial registrations are possible under 8 CFR 244.2(f)(2) for some nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia). Such late initial registrants must have been ``continuously physically present'' and have ``continuously resided'' in the United States since September 16, 1991, must have had a valid immigrant or nonimmigrant status during the original registration period or have had an application for such status pending during the original registration period, and must register no later than 30 days from the expiration of such status or the denial of the application for such status.
An application for TPS does not preclude or adversely affect an application for asylum or any other immigration benefit. Any national of Somalia (or alien having no nationality who last habitually resided in Somalia) who is otherwise eligible for TPS and has applied for, or plans to apply for, asylum, but who has not yet been granted asylum or withholding of removal may also apply for TPS.
Nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) who have been continuously physically present and have continuously resided in the United States since September 16, 1991, may
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re-register for TPS within the registration period which begins on September 28, 1998, and ends on October 27, 1998. This notice concerns ``extension of TPS designation,'' not ``redesignation of TPS.'' An extension of TPS designation does not change the eligibility requirements for TPS, including the required dates of continuous residence and continuous physical presence in the United States.
Nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) may register for TPS by filing an Application for Temporary Protected Status, Form I-821, which requires a filing fee (instructions regarding the payment of fees for re- registration are contained in paragraph 5 of this notice). The Application for Temporary Protected Status, Form I-821, must always be accompanied by an Application for Employment Authorization, Form I-765, which is required for data-gathering purposes. TPS applicants who already have employment authorization, including some asylum applicants, and those who have no need for employment authorization, including minor children, need pay only the I-821 fee, although they must complete and file the I-765. In all other cases, the appropriate filing fee must accompany Form I-765, unless a properly documented fee waiver request under 8 CFR 244.20 is submitted to the Immigration and Naturalization Service.
Notice of Extension of Designation of Somalia Under the Temporary Protected Status Program
By the authority vested in me as Attorney General under section 244 of the Act (8 U.S.C. 1254), and pursuant to subsections 244(b)(3) (A) and (C) of the Act, I had consultations with the appropriate agencies of the Government concerning whether the conditions under which Somalia was designated for TPS continue to exist. As a result of those consultations, I determine that the conditions for the original designation of Temporary Protected Status for Somalia continue to be met. Accordingly, it is ordered as follows:
(1) The designation of Somalia under subsection 244(b) of the Act is extended for an additional 12-month period for September 18, 1998, to September 17, 1999.
(2) I estimate that there are approximately 350 nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) who have been granted Temporary Protected Status and who are eligible for re-registration.
(3) In order to maintain current registration for Temporary Protected Status, a national of Somalia (or an alien having no nationality who last habitually resided in Somalia) who received a grant of TPS during the initial period of designation, from September 16, 1991, to September 16, 1992, must comply with the re-registration requirements contained in 8 CFR 244.17, which are described in pertinent part in paragraphs (4) and (5) of this notice.
(4) A national of Somalia (or an alien having no nationality who last habitually resided in Somalia) who previously has been granted TPS and has re-registered annually must re-register by filing a new Application for Temporary Protected Status, Form I-821, along with an Application for Employment Authorization, Form I-765, within the 30-day period beginning on September 28, 1998, and ending on October 27, 1998, in order to be eligible for Temporary Protected Status during the period from September 18, 1998, until September 17, 1999. Late re- registration may be allowed when good cause is shown for a failure to timely re-register pursuant to 8 CFR 244.17(c).
(5) There is no fee for Form I-821 filed as part of the re- registration application. A Form I-765 must be filed with the Form I- 821. If the alien requests employment authorization for the extension period, the fee prescribed in 8 CFR 103.7(b)(1), currently seventy dollars ($70), or a properly documented fee waiver request pursuant to 8 CFR 244.20, must accompany the Form I-765. An alien who does not request employment authorization must nonetheless file Form I-765 along with Form I-821, but in such cases no fee will be charged.
(6) Pursuant to subsection 244(b)(3)(A) of the Act, the Attorney General will review, at least 60 days before September 17, 1999, the designation of Somalia under the TPS program to determine whether the conditions for designation continue to be met. Notice of that determination, including the basis for the determination, will be published in the Federal Register.
(7) Information concerning the TPS program for nationals of Somalia (and aliens having no nationality who last habitually resided in Somalia) will be available at local Immigration and Naturalization Service offices upon publication of this notice.
Dated: September 21, 1998.Janet Reno,
Attorney General.
[FR Doc. 98-25883 Filed 9-25-98; 8:45 am]
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