[Federal Register: August 30, 2002 (Volume 67, Number 169)]
[Notices]
[Page 55875-55877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au02-143]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2225-02; AG Order No. 2610-2002]
RIN 1115-AE26
Extension of the Designation of Burundi Under the Temporary
Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of Burundi under the Temporary Protected
Status (TPS) program will expire on November 2, 2002. This notice
extends the Attorney General's designation of Burundi under the TPS
program for 12 months until November 2, 2003, and sets forth procedures
necessary for nationals of Burundi (or aliens having no nationality who
last habitually resided in Burundi) with TPS to re-register for the
additional 12-month period. Eligible nationals of Burundi (or aliens
having no nationality who last habitually resided in Burundi) may re-
register for TPS and an extension of employment authorization. Re-
registration is limited to persons who registered during the initial
registration period, which ended on November 3, 1998, who registered
during the re-designation registration period, which ended on November
2, 2000, or who registered after that date under the late initial
registration provisions, and who timely re-registered under each
subsequent extension. Nationals of Burundi (or aliens having no
nationality who last habitually resided in Burundi) who previously have
not applied for TPS may be eligible to apply under the late initial
registration provisions.
EFFECTIVE DATES: The extension of the TPS designation for Burundi is
effective November 2, 2002, and will remain in effect until November 2,
2003. The 60-day re-registration period begins on August 30, 2002, and
will remain in effect until October 29, 2002.
FOR FURTHER INFORMATION CONTACT: Pearl Chang, Residence and Status
Services Branch, Adjudications, Immigration and Naturalization Service,
Room 3040, 425 I Street NW., Washington, DC 20536, telephone (202) 514-
4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Attorney General Have To Extend the Designation
of Burundi Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (Act)
states that, at least 60 days before the end of a designation or
extension thereof, the Attorney General must review conditions in the
foreign state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine that the
foreign state no longer continues to meet the conditions for
designation, the period of designation is extended automatically for 6
months pursuant to section 244(b)(3)(C) of the Act, although the
Attorney General may exercise his discretion to extend the designation
for a period of 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C).
Why Did the Attorney General Decide To Extend the TPS Designation for
Burundi?
On November 4, 1997, the Attorney General designated Burundi under
the TPS program for a period of 12 months. 62 FR 59735. The Attorney
General has since extended the TPS designation three times and
redesignated Burundi once, after determining each time that the
conditions warranting such designation continued to be met. See 66 FR
46027 (August 31, 2001) (extension); 65 FR 67404 (November 9, 2000)
(extension); 64 FR 61123 (November 9, 1999) (extension and
redesignation); 63 FR 59334 (November 3, 1998) (extension).
Since the date of the last extension, the Department of Justice and
the Department of State (DOS) have continued to review conditions in
Burundi. The DOS reports that the armed conflict within Burundi
persists: ``Although a transitional government took office in November
2001, Burundi is still undergoing civil war. [The United Nations High
Commissioner for Refugees (UNHCR)] recently began facilitating
voluntary refugee returns to selected provinces; however, much of the
country remains insecure. Government security forces and rebel groups
continue to commit serious human rights abuses against civilians,
including extrajudicial killings, disappearances, rape, torture,
arbitrary arrest and detention, forced displacement, and forced
labor.'' State Department Report (July 1, 2002). The DOS states that
``[t]here is no cease-fire in effect despite continuing peace
negotiations. Armed rebel groups continue fighting government forces in
several areas of the country. Civilian authorities do not maintain
effective control of security forces. Rebel attacks on the military are
often followed by army reprisals against civilians suspected of
cooperating with the insurgents. Rebels reportedly often kill persons
for suspected collaboration with
[[Page 55876]]
the government and for their refusal to pay `taxes' to rebels.'' Id.
The DOS concludes that ``[r]ebel attacks and government counter-attacks
occur unpredictably. Serious human rights abuses continue to be
committed by both sides. The prospects for a cease-fire in the near
future are uncertain. Rebel groups do not support the return of
refugees, so that even refugees' return to relatively `safe' areas is a
potential source of instability and further violence.'' Id.
Likewise, the Resource Information Center of the Immigration and
Naturalization Service (INS/Service) assessed conditions in Burundi and
found that ``[r]esolution of the armed conflict, which pervades most of
Burundi, and has resulted in massive human rights violations by both
government and rebel forces, appears to have no end in sight.'' The INS
Resource Information Center Report (July 2, 2002) (RIC Report). The
UNHRC reported in March 2002 that violence had increased since October
2001, and ``[w]hile not intense, the conflict in Burundi extends
throughout the country with the exception of the provinces of Ngozi and
Kirundo * * * [The] country is more at war than at peace. * * * The
belligerents on all sides take revenge on the population for its
silence, neutrality or complicity with the other camp.'' Report of
Special Rapporteur, U.N. Commission on Human Rights (Mar. 7, 2002). The
U.S. Committee for Refugees reported in March 2002 that 150,000
Burundis were displaced from their homes between January 2001 and March
2002, including 80,000 in the first 3 months of 2002. U.S. Committee
for Refugees Report (Mar. 21, 2002).
There is an ongoing armed conflict within Burundi, and due to such
conflict, requiring the return of aliens who are nationals of Burundi
(or aliens having no nationality who last habitually resided in
Burundi) would pose a serious threat to their personal safety. 8
U.S.C.1254a(b)(1)(A). Based on this review, the Attorney General finds
that the conditions that prompted designation of Burundi under the TPS
program continue to be met. 8 U.S.C. 1254a(b)(3)(A). Furthermore, there
exist extraordinary and temporary conditions in Burundi that prevent
nationals of Burundi (and aliens having no nationality who last
habitually resided in Burundi) from returning home in safety. 8 U.S.C.
1254a(b)(1)(C). Finally, permitting nationals of Burundi to remain
temporarily in the United States is not contrary to the national
interest of the United States. 8 U.S.C. 1254a(b)(1). On the basis of
these findings, the Attorney General concludes that the TPS designation
for Burundi should be extended for an additional 12-month period. 8
U.S.C 1254a(b)(3)(C).
If I Currently Have TPS Benefits Through the Burundi TPS Program, Must
I Still Re-Register for TPS?
Yes. If you already have received TPS benefits through the Burundi
TPS program, your benefits will expire on November 2, 2002.
Accordingly, you must re-register for TPS in order to maintain your
benefits through November 2, 2003. See the following re-registration
instructions. The TPS benefits include temporary protection against
removal from the United States, as well as work authorization, during
the TPS designation period and any extension thereof. 8 U.S.C.
1254a(a)(1).
If I am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS benefits under the Burundi
program who wish to maintain such benefits must apply for an extension
by filing (1) Form I-821, Application for Temporary Protected Status,
without the filing fee; (2) Form I-765, Application for Employment
Authorization; and (3) two identification photographs (1\1/2\ inches x
1\1/2\ inches). See the chart below to determine whether you must
submit the one hundred and twenty dollar ($120) filing fee with the
Form I-765. Children beneficiaries of TPS, who have reached the age of
14 but were not previously fingerprinted, must pay the fifty dollar
($50) fingerprint fee upon their next application for extension.
Submit the re-registration package and applicable fee, if any, to
the Service district office that has jurisdiction over your place of
residence during the 60-day re-registration period that begins August
30, 2002, and will remain in effect until October 29, 2002.
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If Then
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You are applying for an Employment You must complete and file
Authorization Document that is valid Form I-765, Application for
through November 2, 2003 . . . Employment Authorization,
with the $120 fee.
You already have an Employment You must complete and file
Authorization Document or do not require Form I-765 with no fee.
such a document . . .
You are applying for an Employment You must complete and file:
Authorization Document and are requesting (1) Form I-765, with no
a fee waiver . . . fee, and (2) a fee waiver
request and affidavit (and
any other information) in
accordance with 8 CFR
244.20.
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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. A national of Burundi (or alien having
no nationality who last habitually resided in Burundi) 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. Denial of an application for asylum or any other
immigration benefit does not affect an applicant's eligibility to apply
for TPS, 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); 8 U.S.C. 1254a(c)(2)(B)(i).
Does This Extension Allow Nationals of Burundi (or Aliens Having No
Nationality Who Last Habitually Resided in Burundi) Who Entered the
United States After November 9, 1999, To File for TPS?
No. This is a notice of an extension of the TPS designation for
Burundi, not a notice of redesignation of Burundi under the TPS
program. An extension of TPS 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 who
are not already TPS class members. To be eligible for benefits under
this extension, nationals of Burundi (or aliens having no nationality
who last habitually resided in Burundi) must have been continuously
physically present and continuously resided in the United States since
November 9, 1999.
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial registration
under 8 CFR 244.2(f)(2). To apply for late initial registration an
applicant must:
(1) Be a national of Burundi (or an alien who has no nationality
and who last habitually resided in Burundi);
[[Page 55877]]
(2) Have been continuously physically present in the United States
since November 9, 1999;
(3) Have continuously resided in the United States since November
9, 1999; and
(4) Be both admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of the Act, and also not ineligible
under section 244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that,
during the redesignation registration period from November 9, 1999,
through November 2, 2000, he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status 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) Was the spouse or child of an alien currently eligible to be a
TPS registrant. 8 CFR 244.2(f)(2).
An applicant for late initial registration must file an application
for late registration within a 60-day period immediately following the
expiration or termination of the conditions described above. 8 CFR
244.2(g).
Notice of Extension of Designation of Burundi Under the TPS Program
By the authority vested in me as Attorney General under sections
244(b)(1), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted with
the appropriate government agencies and determine that the conditions
that prompted designation of Burundi for TPS continue to be met. 8
U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
(1) The designation of Burundi under section 244(b) of the Act is
extended for an additional 12-month period from November 2, 2002, to
November 2, 2003. 8 U.S.C. 1254a(b)(3)(C).
(2) I estimate that there are approximately thirteen (13) nationals
of Burundi (or aliens who have no nationality and who last habitually
resided in Burundi) who are eligible for re-registration.
(3) To maintain TPS, a national of Burundi (or an alien having no
nationality who last habitually resided in Burundi) who previously has
applied for or received TPS benefits must re-register for TPS during
the 60-day re-registration period from August 30, 2002, until October
29, 2002.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a
Form I-821 filed as part of the re-registration application. If the
applicant requests employment authorization documentation, he or she
must submit one hundred and twenty dollars ($120) or a properly
documented fee waiver request, pursuant to 8 CFR 244.20, with the Form
I-765. An applicant who does not request employment authorization
documentation must nonetheless file Form I-765 along with Form I-821,
but is not required to submit the fee. The fifty dollar ($50)
fingerprint fee is required only for children beneficiaries of TPS who
have reached the age of 14 but were not previously fingerprinted.
Failure to re-register without good cause will result in the withdrawal
of TPS. 8 CFR 244.17(c). Some persons who had not previously applied
for TPS may be eligible for late initial registration under 8 CFR
244.2.
(5) Information concerning the Burundi TPS program will be
available at local Service offices upon publication of this notice and
the INS National Customer Service Center at 1-800-375-5283. This
information will also be published on the INS Web site at http://
www.ins.usdoj.gov.
Dated: August 26, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-22210 Filed 8-29-02; 8:45 am]
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