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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

< Back to current issue of Immigration Daily                        < Back to current issue of Immigrant's Weekly 

[Federal Register: November 20, 2000 (Volume 65, Number 224)]
[Notices]               
[Page 69789-69791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no00-100]                         

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2090-00; AG Order No. 2336-2000]
RIN 1115-AE 26

 
Extension of Designation of Somalia Under Temporary Protected 
Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The designation of Somalia under the Temporary Protected 
Status (TPS) program expired on September 17, 2001. This notice extends 
the Attorney General's designation of Somalia under the TPS program 
until September 17, 2000. Eligible nationals of Somalia (or aliens 
having no nationality who last habitually resided in Somalia) may re-
register for TPS and an extension of employment

[[Page 69790]]

authorization. Re-registration is limited to persons who registered for 
the initial period of TPS, which ended on September 16, 1992, or who 
registered after that date under the late initial registration 
provision. Persons who are eligible for late initial registration may 
register for TPS during this extension.

EFFECTIVE DATES: The extension of the TPS designation for Somalia is 
effective September 18, 2000, and will remain in effect until September 
17, 2001. The 30-day re-registration period begins November 20, 2000, 
and will remain in effect until December 20, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Services Branch, Adjudications, Immigration and Naturalization Service 
(INS), Room 3214, 425 I Street, NW., Washington, DC 20536, telephone 
(202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Is the Statutory Authority To Extend the Designation of 
Somalia 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 an extension or a 
designation, 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 meets the conditions for designation, the period is 
automatically extended for six months pursuant to section 244(b)(3)(C) 
of the Act. 8 U.S.C. 1254a(b)(3)(C). The period of designation may, 
however, be extended to 12 or 18 months at the Attorney General's 
discretion. 8 U.S.C. 1254a(b)(3)(C). Such an extension makes TPS 
available only to persons who have been continuously physically present 
in the United States from the effective date of the initial 
designation.

Why Did the Attorney General Decide To Extend the TPS Designation 
for Somalia?

    On September 16, 1991, the Attorney General designated Somalia for 
TPS for a period of 12 months. 56 FR 46804 (Sept. 16, 1991). Since that 
date, the Departments of State and Justice have annually reviewed 
conditions within Somalia. Most recently, the Attorney General extended 
Somalia's TPS designation on September 13, 1999; based on that order, 
Somalia's TPS designation ran through September 17, 2000. 64 FR 49511 
(Sept. 13, 1999).
    The Departments of State and Justice have recently reviewed 
conditions within Somalia. The review resulted in a consensus that a 
further 12-month extension is warranted. The reasons for the extension 
are explained in a State Department memorandum that states: ``Open 
warfare remains a fact of life in southern Somalia, where bands compete 
for land and power * * *. The current security situation in southern 
Somalia makes the unqualified return of Somalis from the United States 
dangerous.''
    Based on these reviews, the Attorney General finds that conditions 
in Somalia warrant a 12-month extension of the designation of Somalia 
under section 244(b)(3)(C) of the Act. 8 U.S.C. 1254a(b)(3)(C). There 
continues to be an ongoing armed conflict within Somalia and, due to 
that conflict, requiring the return of aliens who are nationals of 
Somalia would pose a serious threat to their personal safety. 8 U.S.C. 
1254a(b)(1)(A). Because the Attorney General did not determine that the 
conditions in Somalia no longer warrant TPS, the designation was 
automatically extended by operation of statute on September 18, 2000. 8 
U.S.C. 1254a(b)(3)(C). On the basis of the findings described above, 
the Attorney General finds that the TPS designation for Somalia should 
be extended for an additional 12-month period, rather than the six-
month automatic extension provided for in the statute. 8 U.S.C. 
1254a(b)(3)(C).

If I Currently Have TPS, How Do I Register for an Extension?

    Persons previously granted TPS under the Somalia program may apply 
for an extension by filing a Form I-821, Application for Temporary 
Protected Status, without the fee, during the re-registration period 
that begins November 20, 2000 and ends December 20, 2000. Additionally, 
you must file a Form I-765, Application for Employment Authorization. 
See the chart below to determine whether or not you must submit the 
one-hundred dollar ($100) filing fee with the Form I-765.

------------------------------------------------------------------------
                   If                                  Then
------------------------------------------------------------------------
You are applying for employment          You must complete and file the
 authorization through September 17,      Form I-765, Application for
 2001.                                    Employment Authorization, with
                                          the one-hundred dollar ($100)
                                          fee.
You already have employment              You must complete and file the
 authorization or do not require          Form I-765 with no fee.
 employment authorization.
You are apply for employment             You must complete and file the
 authorization and are requesting a fee   Form I-765, a fee waiver
 waiver.                                  request, and affidavit (and
                                          any other information) in
                                          accordance with 8 CFR 244.20.
------------------------------------------------------------------------

To re-register for TPS, you also must include two identification 
photographs (1\1/2\" x 1\1/2\").

Where Should I File for an Extension of TPS?

    Nationals of Somalia (or persons who have no nationality and who 
last habitually resided in Somalia) seeking to register for the 
extension of TPS must submit an application and accompanying materials 
to the district office of the INS that has jurisdiction over the 
applicant's place of residence.

When Can I File for an Extension of TPS?

    The 30-day re-registration period begins November 20, 2000, and 
will remain in effective until December 20, 2000.

Is Late Initial Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Somalia under 8 CFR 
244.2(f)(2). To apply for late initial registration an applicant must:
    (1) Be a national of Somalia (or an alien having no nationality who 
last habitually resided in Somalia);
    (2) Have been continuously physically present in the United States 
since September 16, 1991;
    (3) Have continuously resided in the United States since September 
16, 1991; and,
    (4) Be admissible as an immigrant, except as otherwise provided in 
section 244(c) 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 initial registration period from September 16, 1991, through 
September 16, 1992, he or she

[[Page 69791]]

    (1) Was in valid nonimmigrant status, 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 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 register no later 
than sixty (60) days from the expiration or termination of the 
condition listed above. 8 CFR 244.2(g).

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 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. Denial of an application for asylum or any other 
immigration benefit does not affect an applicant's ability to register 
for TPS, although the grounds of denial may also be grounds of denial 
for 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); 8 U.S.C. 1254a(c)(2)(B).

Does This Extension Allow Nationals of Somalia (or Aliens Having No 
Nationality who Last Habitually Resided in Somalia) Who Entered the 
United States After September 16, 1991, To File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Somalia. It is not a notice of redesignation for Somalia for TPS. An 
extension of TPS does not change the required dates of continuous 
residence and continuous physical presence in the United States and 
does not expand TPS availability to include nationals of Somalia (or 
aliens having no nationality who last habitually resided in Somalia) 
who arrived in the United States after the date of the original 
designation, in this case, September 16, 1991.

Notice of Extension of Designation of Somalia Under the TPS Program

    By the authority vested in me as Attorney General under section 
244(b)(3)(A) and (C), and (b)(1) of the Act, I have consulted with the 
appropriate agencies of the Government concerning whether the 
conditions under which Somalia was designated for TPS continue to 
exist. As a result, I determine that the conditions for the original 
designation of TPS for Somalia continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Accordingly, I order as follows:
    (1) The designation of Somalia under section 244(b) of the Act is 
extended for an additional 12-month period from September 18, 2000, 
until September 17, 2001.
    (2) I estimate that there are approximately 350 nationals of 
Somalia (or persons having no nationality who last habitually resided 
in Somalia) who have been granted TPS and who are eligible for re-
registration.
    (3) In order to be eligible for TPS during the period from 
September 18, 2000, to September 17, 2001, nationals of Somalia (or 
persons having no nationality who last habitually resided in Somalia) 
who received a grant of TPS (or has an application pending) during the 
initial period of designation from September 16, 1991, until September 
16, 1992, must re-register for TPS by filing a new application for TPS, 
Form I-821, along with an application for employment authorization, 
Form I-765, within the 30-day period beginning on November 20, 2000 and 
ending on December 20, 2000. Late registration will be allowed only for 
good cause shown pursuant to 8 CFR 244.17(c).
    (4) Pursuant to section 244(b)(3)(A) of the Act, the Attorney 
General will review, at least 60 days before September 17, 2001, the 
designation of Somalia under the TPS program to 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. 8 U.S.C. 
1254a(b)(3)(A).
    (5) Information concerning the TPS program for nationals of Somalia 
(or persons who have no nationality and who last habitually resided in 
Somalia) will be available at local INS offices upon publication of 
this notice and on the INS website at http://www.insdoj.gov.

    Dated: November 13, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-29546 Filed 11-17-00; 8:45 am]
BILLING CODE 4410-10-M


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