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

[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]                         

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

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.

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

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.

------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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]
BILLING CODE 4410-10-P



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