Federal Register: January 21, 2010 (Volume 75, Number 13)
DOCID: fr21ja10-70 FR Doc 2010-1169
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
RIN ID: RIN 1615-ZA96
CIS ID: [CIS No. 2491-10; DHS Docket No. USCIS]
NOTICE: NOTICES
DOCID: fr21ja10-70
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Designation of Haiti for Temporary Protected Status
DATES: This designation of Haiti for TPS is effective on January 21, 2010, and will remain in effect through July 22, 2011. The 180day registration period for eligible individuals to submit their TPS applications begins January 21, 2010, and will remain in effect until July 20, 2010.
DOCUMENT SUMMARY:
The Department of Homeland Security announces that the Secretary of Homeland Security (Secretary) has designated Haiti for temporary protected status (TPS) for a period of 18 months. Under section 244(b)(1) of the Immigration and Nationality Act, the Secretary is authorized to designate a foreign state for TPS or parts of such state upon finding that such state is experiencing ongoing armed conflict, an environmental disaster, or ``extraordinary and temporary conditions.'' The Secretary may grant TPS to individual nationals of the designated foreign state (or to eligible aliens having no nationality who last habitually resided in such state) who have been both continuously physically present in the United States since the effective date of the designation and continually residing in the United States since a date determined by the Secretary, and who meet other eligibility criteria. TPS is available only to persons who were continuously physically present in the United States as of the effective date of the designation.
Under this designation, Haitian nationals (and aliens having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since January 12, 2010, and who remain in continual physical presence in the United States from the effective date of the notice, may apply for TPS within the 180day registration period that begins on the date of publication of the notice. These nationals also may apply for employment authorization documents and for permission to depart from and return to the United States.
This notice also sets forth procedures necessary for nationals of Haiti (or aliens having no nationality who last habitually resided in Haiti) to register and to apply for TPS and employment authorization documents with U.S. Citizenship and Immigration Services.
SUMMARY:
Designation of Haiti for Temporary Protected Status
SUPPLEMENTAL INFORMATION
Abbreviations and Terms Used in This Document
ASCUSCIS Application Support Center
DHSDepartment of Homeland Security
DOSDepartment of State
EADEmployment Authorization Document
GovernmentUnited States Government
INAImmigration and Nationality Act
OSCU.S. Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices
SecretarySecretary of Homeland Security
TPSTemporary Protected Status
USCISU.S. Citizenship and Immigration Services
What Is Temporary Protected Status?
TPS is a temporary immigration status granted to eligible nationals
of a country (or to persons without nationality who last habitually
resided in the designated country) that the Secretary has designated
for TPS because the country is experiencing an ongoing armed conflict,
an environmental disaster, or extraordinary and temporary conditions.
During the period for which the Secretary has designated a country for
TPS, TPS beneficiaries are eligible to remain in the United States and may
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obtain work authorization, so long as they continue to meet the terms
and conditions of their TPS status. The granting of TPS is available
only to persons who were continuously physically present in the United
States as of the effective date of this designation and does not lead to permanent resident status.
When the Secretary terminates a country's TPS designation, beneficiaries return to the same immigration status they maintained before TPS (unless that status has since expired or been terminated) or to any other status they may have obtained while registered for TPS. What Authority Does the Secretary of Homeland Security Have To Designate Haiti for TPS?
The Immigration and Nationality Act (INA), authorizes the
Secretary, after consultation with appropriate agencies of the
government, to designate a foreign State (or part thereof) for TPS.\1\
One of the bases for TPS designation is ``there exist extraordinary and
temporary conditions in the foreign state that prevent aliens who are
nationals of the state from returning to the state in safety, unless
[she] finds that permitting the aliens to remain temporarily in the
United States is contrary to the national interest of the United
States.'' INA section 244(b)(1)(C) (emphasis added); 8 U.S.C.
1254a(b)(1)(C). The Secretary has determined, after consulting with the
Department of State (DOS) and other government agencies, that there
exists in Haiti ``extraordinary and temporary conditions,'' preventing
Haitian nationals from returning to Haiti in safety and that permitting
eligible Haitian nationals to remain temporarily in the United States would not be contrary to the national interest.
\1\ As of March 1, 2003, in accordance with section 1517 of
title XV of the Homeland Security Act of 2002 (HSA), Public Law No.
107296, 116 Stat. 2135, any reference to the Attorney General in a
provision of the Immigration and Nationality Act describing
functions transferred under the HSA from the Department of Justice
to the Department of Homeland Security ``shall be deemed to refer to
the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, tit. XV, sec. 1517).
Following the designation of a country for TPS, the Secretary may grant TPS to eligible nationals of that foreign State (or aliens having no nationality who last habitually resided in that State) who have been both continually physically present in the United States since the effective date of the notice and continually residing in the United States since a date determined by the Secretary, and who meet all other eligibility criteria. INA section 244(a)(1)(A) and (c); 8 U.S.C. 1254a(a)(1)(A) and (c). Persons convicted of any felony, or two or more misdemeanors, committed in the United States are ineligible for TPS. Applicants may also be ineligible if one of the bars to asylum eligibility applies. Id. at section 244(c)(2)(B)(iii).
Why Is the Secretary Designating Haiti for TPS?
On January 12, 2010, Haiti was struck by a 7.0magnitude earthquake. DHS and DOS have conducted an initial review of the conditions in Haiti following the earthquake. Based on this review, the Secretary has determined to designate Haiti for TPS for 18months pursuant to section 244(b)(1)(C) of the INA for reasons discussed below. The Department of State concurs in the designation of Haiti for a period of 18 months.
The epicenter of the earthquake was off the coast of Haiti, and only 17 km from the capital, PortauPrince, an area where some three million of the nation's nine million residents reside. Aftershocks have been measured at 5.9 and 5.5 respectively, and more aftershocks are expected.
Reports indicate that the earthquake destroyed most of the capital city. Initial estimates indicate that the death toll is substantial. The International Red Cross indicates that about three million people onethird of Haiti's populationhave been affected by the earthquake.
Reports also indicate that concrete homes have collapsed and hospitals are overflowing with victims. The Presidential Palace, the Ministry of Justice, Parliament, the tax office and other government buildings, as well as the United Nations headquarters, and the World Bank offices are among the buildings reported to be destroyed or damaged. Hospitals and schools have been destroyed. The Ministry of Public Works and the Ministry of Communication and Culture have also been damaged.
The country's critical infrastructure, including its capacity for the provision of electricity, water, and telephone services, has been severely affected. Food and water are increasingly scarce. Fuel shortages are emerging as an immediate concern.
There is limited access to the capital city. Roads are blocked by debris and other obstacles, and the collapse of the Croix de Mission Bridge has cut off a major artery between PortauPrince and the northern part of the country, making it more difficult to transport food, fresh water, and medical supplies. Haiti's main airport in Port auPrince, Toussaint L'Ouverture International Airport, also has suffered significant damage that is hindering access to the country.
Haiti has limited resources to cope with a natural disaster, and now has been struck by its strongest earthquake in 200 years. Although a number of organizations and countries have pledged humanitarian aid, the magnitude of the disaster is substantial.
Given the size of the destruction and humanitarian challenges, there clearly exist extraordinary and temporary conditions preventing Haitian nationals from returning to Haiti in safety. Moreover, allowing eligible Haitian nationals to remain temporarily in the United States, as an important complement to the U.S. government's wider disaster relief and humanitarian aide response underway on the ground in Haiti, would not be contrary to the public interest.
DHS estimates that there are 100,000 to 200,000 nationals of Haiti (or otherwise eligible aliens having no nationality who last habitually resided in Haiti) who are eligible for TPS under this designation. Designation of Haiti for TPS
Based upon these unique, specific, and extreme factors, the Secretary has determined, after consultation with the appropriate Government agencies, that there exist extraordinary and temporary conditions in Haiti preventing aliens who are nationals of Haiti from returning to Haiti in safety. The Secretary further finds that it is not contrary to the national interest of the United States to permit Haitian nationals (or aliens having no nationality who last habitually resided in Haiti) who meet the eligibility requirements of TPS to remain in the United States temporarily. See INA section 244(b)(1)(C); 8 U.S.C. 1254a(b)(1)(C). On the basis of these findings and determinations, the Secretary concludes that Haiti should be designated for TPS for an 18month period. See INA section 244(b)(2)(B); 8 U.S.C. 1254a(b)(2)(B).
Nationals of Haiti (and aliens having no nationality who last
habitually resided in Haiti) who have been ``continuously physically
present'' in the United States since January 21, 2010 and have
``continuously resided'' in the United States since January 12, 2010,
may apply for TPS within the registration period that begins on January
21, 2010 and ends on July 20, 2010. Except as specifically provided in
this notice, applications for TPS by nationals of Haiti (and aliens
having no nationality who last habitually resided in Haiti) must be filed pursuant to the
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provisions of 8 CFR part 244. Aliens who wish to apply for TPS must
file an Application for Temporary Protected Status, Form I821,
together with an Application for Employment Authorization, Form I765,
in accordance with the form's instructions and applicable regulations during the registration period.
Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register for TPS
To register for TPS, an applicant must submit two applications:
1. Form I821, Application for Temporary Protected Status, and pay the Form I821 application fee, which is $50. If you are unable to pay the fee, you may submit a fee waiver request with appropriate documentation.
2. Form I765, Application for Employment Authorization.
3. Individuals who may apply for TPS pursuant to this notice and who are in removal proceedings will be provided an opportunity to apply in accordance with 8 CFR 244.7(d).
You must submit both applications together. For more information on the application forms and application fees for TPS, please visit the USCIS Web site at http://www.uscis.gov. Biometric Services Fee
Biometrics (such as fingerprints) are required for all applicants 14 years of age or older. Those applicants must submit a biometric services fee of $80. If you are unable to pay the fee, you may submit a fee waiver request with appropriate documentation. For more information on the biometric services fee, please visit the USCIS Web site at http://www.uscis.gov. Mailing Information
Mail your application for TPS to the proper address in Table 3: Table 3Mailing Addresses
Residence Filing location
If you live in the state of Florida.... US Postal Service: USCIS, PO
Box 4464, Chicago, IL 60680 4464.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 131 South Dearborn, 3rd
Floor, Chicago, IL 606035520.
If you live in the state of New York... US Postal Service: USCIS, PO
Box 660167, Dallas, TX 75266 0167.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 2501 S. State Hwy. 121
Business, Suite 400,
Lewisville, TX 75067.
All other.............................. US Postal Service: USCIS, PO
Box 24047, Phoenix, AZ 85074 4047.
For Express mail and courier
deliveries: USCIS, Attn: Haiti
TPS, 1820 E. Skyharbor Circle
S, Suite 100, Phoenix, AZ 85034.
EFiling
You cannot Efile your application when applying for initial
registration for TPS. Please mail your application to the mailing address listed in Table 3 above.
Supporting Documents
What type of basic supporting documentation must I submit?
To meet the basic eligibility requirements for TPS, you must submit evidence that you:
The filing instructions on Form I821, Application for Temporary Protected Status, list all the documents needed to establish basic eligibility for TPS.
Do I need to submit additional supporting documentation?
If one or more of the questions listed in Part 4, Question 2 of the
Form I821 applies to you, then you must submit an explanation on a
separate sheet(s) of paper, and/or additional documentation. Depending
on the nature of the question(s) you are addressing, additional
documentation alone may suffice, but usually a written explanation will also be needed.
Employment Authorization Document (EAD)
May I request an interim EAD at my local USCIS office?
No. USCIS will not issue interim EADs to TPS applicants at USCIS local offices.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form I9, Employment Eligibility Verification?
TPS beneficiaries under the designation of Haiti who have timely registered with USCIS as directed under this Notice and obtained an EAD, may present their valid EAD to their employers as proof of employment authorization and identity. Employers may not accept EADs that are no longer valid.
Individuals may also present any other legally acceptable document or combination of documents listed on the Form I9 as proof of identity and employment eligibility.
Note to Employers
Employers are reminded that the laws requiring employment eligibility verification and prohibiting unfair immigrationrelated employment practices remain in full force. This notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth re verification requirements. For questions, employers may call the USCIS Customer Assistance Office at 18003572099. Employers may also call the U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 18002558155.
Note to Employees
Employees or applicants may call the OSC Employee Hotline at 1800
2557688 for information. Additional information is available on the OSC
[[Page 3479]]
Web site at http://www.justice.gov/crt/osc/index.php. [FR Doc. 20101169 Filed 12010; 8:45 am]
BILLING CODE 911197P
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