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

[Federal Register: August 31, 2001 (Volume 66, Number 170)]
[Notices]               
[Page 46031-46033]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31au01-82]                         
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE

Immigratin and Naturalization Service

[INS No. 2163-0901; AG Order No. 2503-092001]
RIN 1115-09AE26

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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The designation of Sudan under the Temporary Protected Status 
(TPS) program will expire on November 2, 2001. This notice extends the 
Attorney General's designation of Sudan under the TPS program for 12 
months until November 2, 2002, and sets forth procedures necessary for 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) with TPS to re-register for the additional 12-month 
period. Eligible nationals of Sudan (or aliens having no nationality 
who last habitually resided in Sudan) may re-register for TPS and an 
extension of employment authorization. Re-registration is limited to 
persons who (1) registered during the initial registration period, 
which ended on November 3, 1998, registered during the redesignation 
registration period, which ended on November 2, 2000, or registered 
after that date under the late initial registration provisions; and (2) 
timely re-registered under each of any subsequent extensions. 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.

EFFECTIVE DATES: The extension of the TPS designation for Sudan is 
effective November 2, 2001, and will remain in effect until November 2, 
2002. The 90-day re-registration period begins August 31, 2001, and 
will remain in effect until November 29, 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) 514-094754.

SUPPLEMENTARY INFORMATION:What Authority Does the Attorney General Have 
To Extend the Designation of Sudan 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 
meets 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). With respect to Sudan, such an extension makes TPS 
available only to persons who have been continuously physically present 
since November 9, 1999, and have continuously resided in the United 
States since November 9, 1999.

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

    On November 4, 1997, the Attorney General designated Sudan under 
the TPS program for a period of 12 months. 62 FR 59737. The Attorney 
General has since extended the TPS designation two times and 
redesignated Sudan once after determining that the conditions 
warranting such designation continued to be met each time. See 65 FR 
67407 (Nov. 9, 2000) (extension); 64 FR 61128 (Nov. 9, 1999) (extension 
and redesignation), 63 FR 59337 (Nov. 3, 1998) (extension).
    Since the date of the last extension, the Departments of Justice 
and State have continued to review conditions in Sudan. The review has 
resulted in a consensus that a further 12-month extension is warranted. 
The State Department reports that: ``Civil war continues in Sudan and 
has reportedly worsened in the past year, with increased fighting and 
bombings * * * . The 1998 cease-fire is now long defunct, and the 
[Government of Sudan] has reportedly indiscriminately bombed 
overwhelmingly civilian populations on an almost weekly basis. There 
have been substantial human rights abuses by both Government and rebel 
forces.'' Recommendation for Temporary Protected Status, INS/DOS 
Consultation for Sudan (July 12, 2001). This has caused extensive 
displacement of populations. Id. The State Department indicates that: 
``Insecurity and forced population relocations have destroyed most of 
the indigenous trading and production systems. The risk of famine 
continues as fighting impedes relief efforts.'' Id.
    Based on this review, the Attorney General finds that the 
conditions that prompted designation of Sudan under the TPS program 
continue to be met. 8 U.S.C. 1254a(b)(3)(A). There is an

[[Page 46032]]

ongoing armed conflict within Sudan and, due to such conflict, 
requiring the return of aliens who are nationals of Sudan (or aliens 
having no nationality who last habitually resided in Sudan) would pose 
a serious threat to their personal safety. 8 U.S.C. 1254a(b)(3)(A). 
Furthermore, there exist extraordinary and temporary conditions in 
Sudan that prevent nationals of Sudan (and aliens having no nationality 
who last habitually resided in Sudan) from returning home in safety. 8 
U.S.C. 1254a(b)(1)(C). Finally, permitting nationals of Sudan to remain 
temporarily in the United States is not contrary to the national 
interest or 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 Sudan should be extended for a period of 12 months.

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

    If you have already been granted TPS through the Sudan TPS program, 
your TPS will expire on November 2, 2001. Persons previously granted 
TPS under the Sudan program may apply for an extension by filing (1) 
the Form I-821, Application for Temporary Protection Status, without 
the fee, (2) the Form I-765, Application for Employment Authorization, 
and (3) two identification photographs (1\1/2\ inches x 1\1/2\ inches). 
To determine whether you must submit the one hundred dollar ($100) 
filing fee with the Form I-765, see the chart below. Children 
beneficiaries of TPS who have reached the age of 14 but were not 
previously fingerprinted must pay the twenty-five dollar ($25) 
fingerprint fee upon their next application for extension.
    Submit the re-registration package to the Immigration and 
Naturalization Service (Service) district office that has jurisdiction 
over your place of residence during the 90-day re-registration period 
that begins August 31, 2001 and will remain in effect until November 
29, 2001.

------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
You are applying for employment             You must complete and file:
 authorization through November 2, 2002.     (1) Form I-765, Application
                                             for Employment
                                             Authorization, with the
                                             $100 fee.
You already have employment authorization   You must complete and file:
 or do not require employment                (1) Form I-765, with no
 authorization.                              filing fee.
You are applying for employment             You must complete and file:
 authorization and are requesting a fee      (1) 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.
------------------------------------------------------------------------

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 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 Sudan (or Aliens Having no 
Nationality Who Last Habitually Resided in Sudan) 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 
Sudan, not a notice of redesignation of Sudan 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 and, 
thus, does not expand TPS availability to include nationals of Sudan 
(or aliens having no nationality who last habitually resided in Sudan) 
who have not been continuously physically present in, and have not 
continuously resided in, the United States since November 9, 1999.

Is Late 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 Sudan (or an alien who has no nationality and 
who last habitually resided in Sudan);
    (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 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 register no later 
than 60 days from the expiration or termination of the conditions 
described above. 8 CFR 244.2(g).

Notice of Extension of Designation of Sudan 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 Sudan for TPS continue to be met. 8 U.S.C. 
1254a(b)(3)(A). Accordingly, I order as follows:
    (1) The designation of Sudan under section 244(b) of the Act is 
extended for an additional 12-month period from November 2, 2001 
through November 2, 2002. 8 U.S.C. 1254a(b)(3)(C).
    (2) I estimate that there are approximately 1,903 nationals of 
Sudan (or aliens who have no nationality and who last habitually 
resided in Sudan) who have been granted TPS and who are eligible for 
re-registration.
    (3) In order to be eligible for TPS during the period from November 
2, 2001 to November 2, 2002, a national of Sudan (or an alien who has 
nationality and who last habitually resided in Sudan) who has already 
received a grant of TPS under the Sudan TPS designation must re-
register for TPS by filing (1) the new Form I-821, Application for 
Temporary Protected Status, (2) the Form I-765, Application for 
Employment Authorization, and (3) two identification photographs (1\1/
2\ inches  x  1\1/2\ inches), within the 90-day period beginning on 
August 31, 2001 and ending on November 29, 2001. There is no fee for a 
Form I-821 filed as part of the re-registration application. If the 
applicant requests employment authorization, he or she must submit one 
hundred dollars ($100) or a properly documented fee waiver

[[Page 46033]]

request, pursuant to 8 CFR 244.20, with the Form I-765. An applicant 
who does not request employment authorization must nonetheless file the 
Form I-765 along with the Form I-821, but is not required to submit the 
fee. The twenty-five dollar ($25) 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(f)(2).
    (4) At least 60 days before this extension terminates on November 
2, 2002, the Attorney General will review the designation of Sudan 
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 8 U.S.C. 1254a(b)(3)(A).
    (5) Information concerning the Sudan TPS program will be available 
at local Service offices upon publication of this notice and on the 
Service website at http://www.ins.usdoj.gov.

    Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22130 Filed 8-29-01; 2:56 pm]
BILLING CODE 4410-10-M


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