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[Federal Register: May 8, 2001 (Volume 66, Number 89)]
[Notices]               
[Page 23269-23271]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my01-88]                         
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2135-01; AG Order No. 2427-2001]
RIN 1115-AE26

Extension of the Designation of Honduras Under the Temporary 
Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The designation of Honduras under the Temporary Protected 
Status (TPS) program will expire on July 5, 2001. This notice extends 
the Attorney General's designation of Honduras

[[Page 23270]]

under the TPS program for 12 months until July 5, 2002, and sets forth 
procedures necessary for nationals of Honduras (or aliens having no 
nationality who last habitually resided in Honduras) with TPS to 
register for the additional 12-month period. Eligible nationals of 
Honduras (or aliens having no nationality who last habitually resided 
in Honduras) 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 August 20, 1999, 
or who registered after that date under the late initial registration 
provisions. Persons who are eligible for late initial registration may 
register for TPS during this extension. Nationals of Honduras (or 
aliens having no nationality who last habitually resided in Honduras) 
who are eligible for late initial registration may register for TPS 
during this extension.

EFFECTIVE DATES: The extension of the TPS designation for Honduras is 
effective July 5, 2001, and will remain in effect until July 5, 2002. 
The 90-day re-registration period begins May 8, 2001, and will remain 
in effect until August 6, 2001.

FOR FURTHER INFORMATION CONTACT: Rebecca K. Peters, Residence and 
Status Services Branch, Adjudications, Immigration and Naturalization 
Service, Room 3214, 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 Honduras 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 of designation 
is automatically extended 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 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C). 
With respect to Honduras, such an extension makes TPS available only to 
persons who have been continuously physically present since January 5, 
1999, and have continuously resided in the United States since December 
30, 1998.

Why Did the Attorney General Decide to Extend the TPS Designation 
for Honduras?

    Since the date of the last extension of Honduras' TPS designation, 
the Departments of Justice and State have continued to review 
conditions in Honduras. Prior to making a decision, the Attorney 
General had consultations with the Department of State to determine 
whether conditions warranting the TPS designation continued to exist. 
Despite indications of progress in recovery efforts, the Attorney 
General determined that sufficient damage from Hurricane Mitch persists 
and that Honduras remains temporarily unable to handle adequately the 
return of over 100,000 nationals. 8 U.S.C. 1254a(b)(1)(B)(ii). For 
example, a review of Honduras' current conditions revealed that 14,000 
out of the approximate 50,000 victims of Hurricane Mitch remain in 
shelters. Further, out of 60,000 housing units needed after Hurricane 
Mitch, only about 18,000 have actually been constructed. Upon review of 
all available information, the Attorney General concluded that a 12-
month extension of Honduras' TPS designation is warranted.

Why did the Attorney General Extend the TPS Designation for a 
Period of 12 Months?

    The Attorney General determined that a 12-month extension would 
afford Honduras a sufficient amount of time to substantially complete 
its recovery efforts. At the expiration of the current extension, 
Honduras will have been designated for TPS for a period of 30 months. 
To date, Honduras has made progress in recovering from the effects of 
Hurricane Mitch. Balancing the need for additional time for recovery 
efforts with the temporal nature of the TPS benefit, the Attorney 
General determined that a 12-month extension would provide Honduras 
sufficient time to complete its recovery efforts to the point that it 
can handle adequately the return of its nationals.

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

    If you have already been granted TPS through the Honduras TPS 
Program, your TPS will expire on July 5, 2001. Persons previously 
granted TPS under the Honduras program may apply for an extension by 
filing (1) a Form I-821, Application for Temporary Protected Status, 
without the fee, during the re-registration period that begins May 8, 
2001 and ends August 6, 2001, and (2) a Form I-765, Application for 
Employment Authorization, and by submitting two identification 
photographs (1\1/2\"  x  1\1/2\"). To determine whether or not you must 
submit the one hundred dollar ($100) filing fee with the Form I-765, 
see the chart below.

------------------------------------------------------------------------
                   If                                  Then
------------------------------------------------------------------------
You are applying for employment          You must complete and file: (1)
 authorization through July 5, 2002.      Form I-765, Application for
                                          Employment Authorization, with
                                          the $100 fee.
Your already have employment             You must complete and file: (1)
 authorization or do not require          Form I-765, with no filing
 employee authorization.                  fee.
Your are applying for employment         You must complete and file: (1)
 authorization and are requesting a fee   Fee waiver request and
 waiver.                                  affidavit (and any other
                                          information) in accordance
                                          with 8 CFR 244.20, and (2)
                                          Form I-765 with no fee.
------------------------------------------------------------------------

Where Should I Submit the Application for an Extension of TPS?

    Nationals of Honduras (or aliens who have no nationality and who 
last habitually resided in Honduras) seeking to re-register for the 
extension of TPS must submit an application and accompanying materials 
to the INS service center that has jurisdiction over the applicant's 
place of residence.

When May I File for an Extension of TPS

    The 90-day re-registration period begins May 8, 2001, and will 
remain in effect until August 6, 2001.

May I Apply for an Extension of My Work Authorization If I Have 
been Granted Employment Authorization on the Basis of My Pending I-
821, but as of July 5, 2001, My Original Form I-821 Is Still 
Pending?

    Yes, you may apply for an extension of employment authorization. 
Follow the instructions for reregistration above.

[[Page 23271]]

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 person who is otherwise eligible for 
TPS and who 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 necessarily affect disposition of a separate TPS 
application, though grounds for denying one form of relief may serve as 
the basis for denying TPS, as well. For example, a person who has been 
convicted of a particularly serious crime is ineligible for both asylum 
and TPS. 8 U.S.C. 1158(b) (2); 8 U.S.C. 1254a(c) (2) (B).

Does This Extension Allow Nationals of Honduras (or Aliens Having 
No Nationality Who Last Habitually Resided in Honduras) Who Entered 
the United States after December 30, 1998, to File for TPS?

    No. This is a notice of an extension of the TPS designation for 
Honduras, not a notice of re-designation for Honduras 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 Honduras (or 
aliens having no nationality who last habitually resided in Honduras) 
who arrived in the United States after the required dates for 
continuous physical presence, January 5, 1999, and continuous 
residence, December 30, 1998.

Is Late Initial Registration Possible?

    Yes. In addition to timely re-registration, late initial 
registration is possible for some persons from Honduras under 8 CFR 
244.2(f)(2). To apply for late initial registration and applicant must:
    (1) be a national of Honduras (or an alien who has no nationality 
and who last habitually resided in Honduras);
    (2) have been continuously physically present in the United States 
since January 5, 1999;
    (3) have continuously resided in the United States since December 
30, 1998; and,
    (4) be admissible as an immigrant, except as otherwise 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 from January 5, 1999, through July 5, 
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 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 
conditions described above. 8 CFR 244.2(g).

Notice of Extension of Designation of Honduras 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 concerning whether the conditions 
under which Honduras was designated for TPS continue to exist. As a 
result, I determine that the conditions for designation of TPS for 
Honduras continue to be met, specifically that the damage from 
Hurricane Mitch persists and Honduras remains temporarily unable to 
handle adequately the return of its nationals. 8 U.S.C. 1254a(b)(3)(A).
    Accordingly, I order as follows:
    (1) The designation of Honduras under section 244(b) of the Act is 
extended for an additional 12-month period from July 5, 2001, to July 
5, 2002. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 105,000 nationals of 
Honduras (or aliens who have no nationality and who last habitually 
resided in Honduras) who have been granted TPS and who are eligible for 
re-registration.
    (3) In order to be eligible for TPS during the period from July 5, 
2001, to July 5, 2002, a national of Honduras (or an alien who has no 
nationality and who last habitually resided in Honduras) who has 
already received a grant of TPS under the Honduras TPS designation or 
who is eligible to file under the late filing provision of 8 CFR 
244.2(f)(2) must register for TPS by filing a new Application for 
Temporary Protected Status, Form I-821, along with an Application for 
Employment Authorization, Form I-765, within the 90-day period 
beginning on May 8, 2001 and ending on August 6, 2001. Failure to 
register without good cause will result in the withdrawal of TPS. 8 CFR 
244.17(c).
    (4) At least 60 days before this extension terminates on July 5, 
2002, the Attorney General will review the designation of Honduras 
under the TPS program 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.
    (5) Information concerning the Honduran TPS program will be 
available at local Service offices upon publication of this notice and 
on the INS website at http://www.ins.usdoj.gov.

    Dated: May 1, 2001.
John Aschroft,
Attorney General.
[FR Doc. 01-11536 Filed 5-7-01; 8:45 am]
BILLING CODE 4410-10-M

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