Federal Register: September 2, 2005 (Volume 70, Number 170)
DOCID: FR Doc 05-17578
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
RIN ID: RIN 1615-ZA28
CIS ID: [CIS No. 2360-05]
NOTICE: NOTICES
ACTION: Temporary protected status program designations; terminations, extensions, etc.:
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Extension of the Designation of Sudan for Temporary Protected Status; Extension of Employment Authorization Documentation for Eligible TPS Beneficiaries
DATES: The extension of the designation of TPS for Sudan is effective November 2, 2005, and will remain in effect until May 2, 2007. The 60 day reregistration period begins September 2, 2005 and will remain in effect until November 1, 2005.
DOCUMENT SUMMARY:
The designation of Sudan for Temporary Protected Status (TPS)
will expire on November 2, 2005. This Notice extends TPS for Sudan for
18 months, until May 2, 2007, and sets forth procedures necessary for nationals of Sudan (or aliens having no
[[Page 52430]]
nationality who last habitually resided in Sudan) with TPS to re
register and to apply for an extension of their employment
authorization documents (EADs) for the additional 18month period.
Certain nationals of Sudan (or aliens having no nationality who last
habitually resided in Sudan) who previously have not applied for TPS
may be eligible to apply under the late initial registration provisions.
The Department of Homeland Security recognizes that some re registrants may not receive their new employment authorization documents until after their current documents expire on November 2, 2005. Accordingly, when eligible TPS beneficiaries reregister for TPS and appear at a U.S. Citizenship and Immigration Services Application Support Center for collection of biometrics, stickers will be affixed to their employment authorization documents to extend the validity of the cards through February 2006.
SUMMARY:
Sudan,
SUPPLEMENTAL INFORMATION
Abbreviations and Terms Used in This Document
ActImmigration and Nationality Act.
ASCUSCIS Application Support Center.
DHSDepartment of Homeland Security.
DOSDepartment of State.
EADEmployment Authorization Document.
RICUSCIS Resource Information Center.
TPSTemporary Protected Status.
U.N.United Nations.
UNHCRUnited Nations High Commissioner for Refugees.
USCISU.S. Citizenship and Immigration Services.
What Authority Does the Secretary of Homeland Security Have To Extend the Designation of TPS for Sudan?
Under section 244 of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a, the Secretary of Homeland Security, after consultation with appropriate agencies of the Government, is authorized to designate a foreign state (or part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of Homeland Security may then grant TPS to eligible nationals of that foreign state (or aliens having no nationality who last habitually resided in that state). 8 U.S.C. 1254a(a)(1).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, section 244(b)(3)(A) of the Act requires the
Secretary to review, after consultation with appropriate agencies of
the Government, the conditions in a foreign state designated for TPS to
determine whether the conditions for a TPS designation continue to be
met and, if so, the length of an extension of the TPS designation. 8
U.S.C. 1254a(b)(3)(A). If the Secretary determines that the foreign
state no longer meets the conditions for the TPS designation, he shall
terminate the designation, as provided in section 244(b)(3)(B) of the
Act. 8 U.S.C. 1254a(b)(3)(B). Finally, section 244(b)(3)(C) of the Act
provides for the extension of TPS for an additional period of 6 months
(or, in the discretion of the Secretary, a period of 12 or 18 months)
unless the Secretary determines that a foreign state (or part thereof)
no longer meets the conditions for the designation at least 60 days
before the designation or extension is due to end. 8 U.S.C. 1254a(b)(3)(C).
Why Did the Secretary of Homeland Security Decide To Extend the TPS Designation for Sudan?
On November 4, 1997, the Attorney General published a Notice in the Federal Register at 62 FR 59737 designating Sudan for TPS based on an ongoing armed conflict and extraordinary and temporary conditions within the country. The Attorney General extended this designation the next year, determining that the conditions warranting such designation continued to be met. 63 FR 59337. On November 9, 1999, the Attorney General extended and redesignated Sudan by publishing a Notice in the Federal Register, based upon the ongoing armed conflict and extraordinary and temporary conditions within the country. 64 FR 61128. Subsequent to that date, the Attorney General, and now the Secretary of Homeland Security, extended TPS for Sudan four times, determining in each instance that the conditions warranting the designation continued to be met. 65 FR 67407, 66 FR 46031, 67 FR 55877, and 68 FR 52410. In the most recent designation, which took place October 7, 2004, the Secretary of Homeland Security extended and redesignated Sudan for TPS due to the ongoing armed conflict in the Darfur region and the extraordinary and temporary conditions resulting from the ongoing conflict. 69 FR 60168. The most recent extension and redesignation became effective on November 2, 2004, and are due to end on November 2, 2005.
Over the past year, the Department of Homeland Security (DHS) and the Department of State (DOS) have continued to review conditions in Sudan. Based on this review, DHS has concluded that an 18month extension is warranted because the ongoing, armed conflict and extraordinary and temporary conditions that prompted designation persist. Further, DHS has determined that it is not contrary to the national interest of the United States to permit aliens who are eligible for TPS based on the designation of Sudan to remain temporarily in the United States. See 8 U.S.C. 1254a(b)(1)(C).
On June 28, 2005, DOS submitted a memorandum to U.S. Citizenship and Immigration Services (USCIS) recommending an extension of TPS for Sudan (DOS Recommendation). The DOS Recommendation noted that although the Government of Sudan and the rebel Sudan People's Liberation Army/ Movement signed a Comprehensive Peace Agreement on January 9, 2005, sporadic violence continues in southern Sudan, with an estimated 9,000 new refugee outflows since January. Several groups, including numerous Sudanese militias and the Ugandan Lord's Resistance Army, continue to threaten the longterm security of the region. Id.
The USCIS Resource Information Center (RIC) reported on June 23, 2005, that two million people were killed during the war in southern Sudan. RIC Report. Another two million southern Sudanese rely on assistance provided by Operation Lifeline Sudan. Id. There are over 500,000 refugees from southern Sudan in Uganda, Ethiopia, the Democratic Republic of Congo, and Kenya. DOS Recommendation. The United Nations High Commissioner for Refugees (UNHCR) plans to organize the return of refugees to Southern Sudan beginning in fall 2005. Id. As of June 2005, very few UNHCRregistered refugees have returned to southern Sudan. Id.
The DOS Recommendation also explained that armed conflict continues
in the western region of Darfur and an estimated 180,000 people have
been killed in conflict during the past two years. Further, approximately two
[[Page 52431]]
million people have been internally displaced and another 200,000 have
fled to neighboring Chad as a result of the conflict. There are reports
of widespread killings, rapes, beatings, looting and burning of property throughout the region.
Access to humanitarian aid is limited. In April 2005, the United Nations (U.N.) reported that up to four million people might face food shortages over the next 18 months. DOS Recommendation. Two million people are in need of food aid in Darfur. RIC Report. The killing of three aid workers in December 2004 and general insecurity hampered humanitarian agencies from accessing areas of Darfur in need. Id. The number of internally displaced persons in all of Sudan rose from 4 million to 6 million due to the armed conflict in Darfur. Id.
Based upon this review, the Secretary of Homeland Security finds,
after consultation with the appropriate Government agencies, finds that
the conditions that prompted the designation of Sudan for TPS continue
to be met. See 8 U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing
and there exists extraordinary and temporary conditions in Sudan that
prevent aliens who are nationals of Sudan (or aliens having no
nationality who last habitually resided in Sudan) from returning in
safety, assuming these aliens meet the other statutory requirements for
TPS. The Secretary of Homeland Security also finds that it is not
contrary to the national interest of the United States to permit aliens
who meet the eligibility requirements of TPS to remain in the United
States temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the basis of these
findings, the Secretary of Homeland Security concludes that the
designation of Sudan for TPS should be extended for an additional 18 month period. See 8 U.S.C. 1254a(b)(3)(C).
If I Currently Have Benefits Through the TPS Designation of Sudan, Should I Reregister for TPS?
Yes. If you already have received benefits through the TPS
designation of Sudan, your benefits will expire on November 2, 2005.
Accordingly, you must comply with the reregistration requirements
described below in order to maintain TPS benefits through May 2, 2007.
TPS benefits include temporary protection against removal from the
United States, as well as employment authorization, during the TPS designation period. 8 U.S.C. 1254a(a)(1).
If I Am Currently Registered for TPS, or Have a Pending Application for TPS, How Do I Reregister Under the Extension?
All persons previously granted TPS under the designation of Sudan
who wish to maintain such status must reregister under the extension by filing the following:
(1) Form I821, Application for Temporary Protected Status, without fee;
(2) Form I765, Application for Employment Authorization (see the
chart below to determine whether you must submit the one hundred
seventyfive dollar ($175) filing fee with Form I765) or a fee waiver request;
(3) A biometric service fee of seventy dollars ($70) if you are 14
years of age or older, or if you are under 14 and are requesting an
Employment Authorization Document (EAD). The biometric service fee will
not be waived. 8 CFR 103.2(e)(4) (i), (iii). An application submitted
without the required fees will be returned to the applicant.
(4) Unlike previous registration periods, you do not need to submit
photographs with your TPS application because a photograph will be
taken when you appear at an USCIS Application Support Center (ASC) for
collection of biometrics. Biometric collection also includes capture of your signature and fingerprints.
Aliens who have previously registered for TPS but whose applications remain pending should follow these instructions if they wish to renew their TPS benefits.
What Edition of the Form I821 Must Be Submitted?
Form I821 has been revised. Only the Form I821 with a revision date of November 5, 2004 will be accepted. The bottom of each page of the revised form reads, ``Form I821 (Rev. 11/05/04)N.'' Submissions of older versions of Form I821 will be rejected.
Where and When Should the Forms and Fees Be Submitted?
Submit the completed forms and applicable fee, if any, to the USCIS Chicago, Illinois Lockbox, as noted below, during the 60day re registration period that begins September 2, 2005 and ends November 1, 2005.
Who Is Eligible To Receive a Sticker To Extend the Validity of His or Her EAD From November 2, 2005 Through February 2006?
An individual who is a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan), who has applied for
and received an EAD under the TPS designation of Sudan, and who has not
had TPS withdrawn or denied will have a temporary extension sticker
affixed to his/her current TPSrelated EAD when the individual re
registers for TPS and appears at an ASC for collection of biometrics.
The sticker will indicate ``February 2006'' and will thereby extend the
validity of the EAD until February 28, 2006. USCIS district offices
will not be providing EAD extension stickers. This benefit will be available only through ASCs.
How May Employers Determine Whether an EAD Has Been Automatically
Extended Through February 2006 and Is Therefore Acceptable for Completion of the Form I9?
For purposes of verifying identity and employment eligibility or reverifying employment eligibility on the Form I9 until February 2006, employers of Sudanese TPS beneficiaries whose EADs have been extended by an extension sticker must accept such EAD if presented. Employers will see a sticker that indicates ``February 2006'' on either: (1) a Form I766 bearing the notation ``A12'' or ``C19'' on the face of the card under ``Category,'' or (2) a Form I688B bearing the notation ``274a.12(a)(12)'' or ``274a.12(c)(19)'' on the face of the card under ``Provision of Law.'' This sticker extends validity of the EAD through February 28, 2006.
Employers should not request proof of Sudanese citizenship. Unless put on notice that an employee is unauthorized to work, employers presented with an EAD that contains a valid extension sticker, if it appears to be genuine and appears to relate to the employee, should accept the EAD as a valid ``List A'' document and should not ask for additional Form I9 documentation. This action by the Secretary of DHS does not affect the right of an employee to present any legally acceptable document as proof of identity and eligibility for employment.
Employers are reminded that the laws prohibiting unfair
immigrationrelated employment practices remain in full force and that
this Notice does not supersede or in any way limit applicable
employment verification rules and policy guidance. For questions,
employers may call the USCIS Office of Business Liaison Employer
Hotline at 18003572099 to speak to a USCIS representative. Also,
employers may call the U.S. Department of Justice Office of Special
Counsel for Immigration Related Unfair Employment Practices (OSC) Employer
[[Page 52432]]
Hotline at 18002558155 or 18003622735 (TDD). Employees or
applicants may call the OSC Employee Hotline at 18002557688 or 1
8002372515 (TDD) for information regarding the automatic extension.
Additional information is available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html .
Where Should an Applicant Submit His or Her Application for Re Registration or for Late Initial Registration?
The Form I821, Form I765, fees, and all supporting documentation should be filed at the USCIS Chicago, Illinois Lockbox at: U.S. Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 87583, Chicago, IL 606800583 or, for nonUnited States Postal Service (USPS) deliveries: U.S. Citizenship and Immigration Services, Attn: TPS Sudan, 427 S. LaSalle3rd Floor, Chicago, IL 60605.
Please note that the abovestated addresses are not the same as
where you have submitted your forms during previous reregistration
periods. Aliens reregistering or filing for late initial registration
for TPS under the designation of Sudan should not send their TPS forms
and fees directly to a USCIS district office. Failure to follow these
instructions will delay processing of your TPS reregistration
application and may result in your application being returned to you. Who Must Submit the $175 Filing Fee for the Form I765?
(1) Although all reregistrants must submit the Form I765, only
those reregistrants requesting an EAD, regardless of age, must submit
the $175 filing fee or a properly documented fee waiver request pursuant to 8 CFR 244.20.
(2) Persons between the ages of 14 and 65 (inclusive) filing under
the late initial registration provisions who are requesting an EAD also
must submit the $175 fee or a fee waiver request pursuant to 8 CFR 244.20.
(3) Aliens who are submitting Form I765 only for datagathering
purposes (as explained in the chart below) are not required to submit a
$175 filing fee, nor are they required to submit a fee waiver request.
Note that TPS reregistrants and applicants for late initial
registration may wish to consider whether obtaining an EAD will be
helpful to them for reasons other than verifying employment eligibility
(for example, as a photo identity document and/or in order to
demonstrate eligibility for a driver's license in some states).
If Then
You are reregistering for or renewing You must complete and file the
a TPSrelated EAD, regardless of your Form I765, Application for
age. Employment Authorization, with
the $175 fee or a fee waiver
request in accordance with 8 CFR 244.20.
Your are not requesting an EAD......... You must complete and file Form
I765 (for datagathering
purposes only) with no fee or
fee waiver request.\1\
You are not applying for a TPSrelated You must complete and file Form
EAD under the late initial I765 with the $175 fee or fee registration provisions and are waiver request.
between the ages of 14 and 65
(inclusive).
You are applying for a TPSrelated EAD You must complete and file Form
under the late initial registration I765 (for datagathering
provisions and are under age 14 or purposes only) with no fee. over age 65.
\1\ An applicant who does not want an EAD does not need to submit the
$175 fee, but must complete and submit Form I765 for datagathering purposes.
Who Must Submit the $70 Biometric Service Fee?
The $70 biometric service fee must be submitted by all aliens 14 years of age and older who are reregistering for TPS, renewing temporary treatment benefits, or filing for late initial registration. In addition, since a photograph, signature, and fingerprint are required to produce an EAD, any applicant under the age of 14 choosing to apply for an EAD must submit the $70 biometric service fee. The biometric service fee cannot be waived. 8 CFR 103.2(e)(4)(i), (iii). Does TPS Lead to Lawful Permanent Residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence by itself or confer any other immigration status. 8
U.S.C. 1254a(e), (f)(1), and (h). TPS also does not cure any
immigration status violations, including periods of unlawful presence
that may have accrued prior to an alien's filing of a prima facie
eligible application for TPS that is ultimately granted, following
withdrawal of TPS, or after termination of a TPS designation. When a
country's TPS designation is terminated, TPS beneficiaries will have
the same immigration status they held prior to TPS (unless that status
has since expired or been terminated), or any other status they may
have acquired while registered for TPS. Accordingly, if an alien held
no lawful immigration status prior to being granted TPS and did not
obtain any other status during the TPS period, he or she will have no
lawful status upon the termination of the TPS designation. Once the
Secretary determines that a TPS designation should be terminated,
aliens who had TPS under that designation and who have not acquired
another immigration status are expected to plan for their departure from the United States.
May I Apply for Another Immigration Benefit While Registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
another nonimmigrant status, from filing for adjustment of status
based on an immigrant petition, or from applying for any other
immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the
purposes of change of nonimmigrant status and adjustment of status, an
alien is considered as being in, and maintaining, lawful status as a
nonimmigrant during the period in which he or she is granted TPS. 8 U.S.C. 1254a(f)(4).
How Does an Application for TPS Affect My Application for Asylum or Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. Denial of an application for asylum or
any other immigration benefit does not affect an applicant's TPS
eligibility, although the grounds for denying one form of relief may
also be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. 8 U.S.C. 1158(b)(2)(A)(ii); 8 U.S.C. 1254a(c)(2)(B)(ii). [[Page 52433]]
Does This Extension Allow Nationals of Sudan (or Aliens Having No
Nationality Who Last Habitually Resided in Sudan) To Apply for TPS if They Entered the United States After October 7, 2004?
No. This is a Notice of an extension of the TPS designation of Sudan, not a Notice redesignating Sudan for TPS. An extension of a TPS designation does not change the required dates of continuous residence and continuous physical presence in the United States. This extension does not expand TPS availability to those beyond the current TPS eligibility requirements for Sudan. To be eligible for benefits under this extension, nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) must have been continuously physically present and continuously resided in the United States since October 7, 2004.
Are Certain Aliens Ineligible for TPS?
Yes. There are certain criminal and terrorismrelated inadmissibility grounds that render an alien ineligible for TPS. 8 U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of any felony, or two or more misdemeanors, committed in the United States are ineligible for TPS under section 244(c)(2)(B) of the Act, 8 U.S.C. 1254a(c)(2)(B), as are aliens described in the bars to asylum in section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A).
What Is Late Initial Registration?
Some aliens who did not file for TPS during the initial
registration period may be eligible for late initial registration under
8 U.S.C. 1254a(c)(1)(A) and (c)(2) and 8 CFR 244.2(f)(2) and (g). To apply for late initial registration an applicant must:
(1) Be a national of Sudan (or alien who has no nationality and who last habitually resided in Sudan);
(2) Have continuously resided in the United States since October 7, 2004;
(3) Have been continuously physically present in the United States since October 7, 2004; and
(4) Be admissible as an immigrant, except as provided under section
244(c)(2)(A) of the Act, and not ineligible under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the registration period for the initial designation (from November 4,
1997 to November 3, 1998), during the registration period for the first
redesignation (from November 9, 1999 to November 2, 2000), or during
the registration period for the most recent redesignation (from October 7, 2004 to April 5, 2005), he or she:
(1) Was a nonimmigrant or had been granted voluntary departure or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Is the spouse or child of an alien currently eligible to be a TPS registrant.
An applicant for late initial registration must file an application for late registration within 60 days of the expiration or termination of the abovedescribed conditions. 8 CFR 244.2(g). All late initial registration applications for TPS pursuant to the TPS extension of Sudan should be submitted to the USCIS lockbox address listed above. What Happens When This Extension of TPS Expires on May 2, 2007?
At least 60 days before this extension of the TPS designation for Sudan expires on May 2, 2007, the Secretary of Homeland Security, after consultation with appropriate agencies of the Government, will review conditions in Sudan and determine whether the conditions for designation continue to be met at that time, or whether the TPS designation should be terminated. 8 U.S.C. 1254a(b)(3). Notice of that determination, including the basis for the determination, will be published in the Federal Register.
Notice of Extension of Designation of TPS for Sudan
By the authority vested in the Secretary of Homeland Security under
sections 244 (b)(3)(A) and (b)(3)(C) of the Act, DHS has determined,
after consultation with the appropriate Government agencies, that the
conditions that prompted designation of Sudan for TPS continue to be met. Accordingly, DHS orders as follows:
(1) The designation of Sudan under section 244(b)(1)(C) of the Act
is extended for an additional 18month period from November 2, 2005, to May 2, 2007. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 648 nationals of Sudan (or aliens
having no nationality who last habitually resided in Sudan) who have been granted TPS and who are eligible for reregistration.
(3) To maintain TPS, a national of Sudan (or an alien having no
nationality who last habitually resided in Sudan) who was granted TPS
during one of the initial designation periods (or through late initial
registration) and who reregistered during the subsequent extensions of
this designation, if any, must reregister for TPS during the 60day
reregistration period from September 2, 2005 until November 1, 2005.
(4) To reregister, the alien must file the following: (1) Form I
821, Application for Temporary Protected Status, without fee; (2) Form
I765, Application for Employment Authorization; and (3) a biometric
services fee of $70 if the alien is age 14 or older, or if the alien is
under age 14 and requesting an EAD. Applications submitted without the
required fees will be returned to the applicant. If the alien requests
an EAD, he or she must submit $175 or a properly documented fee waiver
request, pursuant to 8 CFR 244.20, with Form I765. An alien who does
not request employment authorization must still file Form I765 along
with Form I821, but he or she is not required to submit the fee or a
fee waiver request for filing Form I765. Failure to reregister
without good cause will result in the withdrawal of TPS. 8 U.S.C.
1254a(c)(3)(C). Aliens who have previously registered for TPS but whose
applications remain pending should follow these instructions to renew
temporary treatment benefits. Some persons who had not previously
applied for TPS may be eligible for late initial registration under 8 CFR 244.2.
(5) At least 60 days before this extension ends on May 2, 2007, the
Secretary of Homeland Security, after consultation with appropriate
agencies of the Government, will review the designation of Sudan for
TPS and determine whether the conditions for designation continue to be
met. 8 U.S.C. 1254a(b)(3)(A). Notice of that determination, including
the basis for the determination, will be published in the Federal Register. Id.
(6) Information concerning the extension of designation of Sudan
for TPS will be available at local USCIS offices upon publication of
this Notice and on the USCIS Web site at http://www.uscis.gov.
Dated: August 22, 2005.
Michael Chertoff,
Secretary.
[FR Doc. 0517578 Filed 83105; 10:06 am]
BILLING CODE 441010P
FOR FURTHER INFORMATION CONTACT
Susan Kopp Keyack, Residence and Status Services, Office of Program and Regulations Development, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529, telephone (202) 5144754. This is a toll call.