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[Federal Register: October 7, 2004 (Volume 69, Number 194)]
[Notices]               
[Page 60168-60172]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc04-51]                         

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

DEPARTMENT OF HOMELAND SECURITY

Bureau of Citizenship and Immigration Services

[CIS No. 2322-04]

 
Extension and Re-designation of Temporary Protected Status for 
Sudan

AGENCY: Bureau of Citizenship and Immigration Services, DHS.

ACTION: Notice.

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

SUMMARY: The Temporary Protected Status (TPS) designation for Sudan 
will expire on November 2, 2004. This notice extends the Secretary of 
Homeland Security's designation of Sudan for 12 months until November 
2, 2005, 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 and to apply for an extension of their employment 
authorization documentation for the additional 12-month period. Re-
registration is limited to persons who registered under the initial 
designation (which was announced on November 4, 1997) and also timely 
re-registered under each subsequent extension of the designation; or 
who registered under the re-designation (which was announced on 
November 9, 1999) and also timely re-registered under each extension of 
the re-designation. This notice also re-designates Sudan for TPS. To 
register for the first time under the re-designation, eligible 
nationals of Sudan (or aliens having no nationality who last habitually 
resided in Sudan) must have been continuously physically present and 
continuously resided in the United States since October 7, 2004.

EFFECTIVE DATES: The extension of Sudan's TPS designation is effective 
November 2, 2004, and will remain in effect until November 2, 2005. The 
60-day re-registration period begins October 7, 2004 and will remain in 
effect until December 6, 2004. The re-designation of Sudan for TPS also 
is effective November 2, 2004, and will

[[Page 60169]]

remain in effect until November 2, 2005. The 180-day registration 
period begins October 7, 2004 and will remain in effect until April 5, 
2005.

FOR FURTHER INFORMATION CONTACT: Colleen Cook, Residence and Status 
Services, Office of Programs and Regulations Development, Bureau of 
Citizenship and Immigration Services, Department of Homeland Security, 
425 I Street, NW., Ullico Building, 3rd Floor, Washington, DC 20529, 
telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What Authority Does the Secretary of the Department of Homeland 
Security Have To Extend and Re-designate TPS for Sudan?

    On March 1, 2003, the functions of the Immigration and 
Naturalization Service (Service) transferred from the Department of 
Justice (DOJ) to the Department of Homeland Security (DHS) pursuant to 
the Homeland Security Act of 2002, Pub. L. 107-296. The 
responsibilities for administering TPS held by the Service were 
transferred to the Bureau of Citizenship and Immigration Services 
(BCIS).
    Under section 244 of the Immigration and Nationality Act (Act), 8 
U.S.C. 1254a, the Secretary of DHS, after consultation with appropriate 
agencies of the Government, is authorized to designate a foreign state 
or (part thereof) for TPS. 8 U.S.C. 1254a(b)(1). The Secretary of DHS 
may then grant TPS to eligible nationals of that foreign state (or 
aliens having no nationality who last habitually resided in that 
state).
    Section 244(b)(3)(A) of the Act requires the Secretary of DHS to 
review, at least 60 days before the end of the TPS designation or any 
extension thereof, the conditions in a foreign state designated for TPS 
to determine whether the conditions for a TPS designation continue to 
be met and, if so, the length of an extension of TPS. 8 U.S.C. 
1254a(b)(3)(A). If the Secretary of DHS determines that the foreign 
state no longer meets the conditions for TPS designation, he shall 
terminate the designation, as provided in section 244(b)(3)(B) of the 
Act. 8 U.S.C. 1254a(b)(3)(B). If the Secretary of DHS does not 
determine that a foreign state (or part thereof) no longer meets the 
conditions for designation at least 60 days before the designation, or 
extension of such designation, is due to expire, section 244(b)(3)(C) 
of the Act provides for an automatic extension of TPS for an additional 
period of 6 months (or, in the discretion of the Secretary of DHS, a 
period of 12 or 18 months). 8 U.S.C. 1254a(b)(3)(C).

Why Did the Secretary of DHS Decide To Extend and Re-designate TPS for 
Sudan?

    On November 4, 1997, the Attorney General published a notice in the 
Federal Register at 62 FR 59737 designating Sudan for TPS. The initial 
designation was extended for twelve months by notice published in the 
Federal Register on November 3, 1998 at 63 FR 59337. The Attorney 
General re-designated Sudan for TPS by a notice published in the 
Federal Register on November 9, 1999 at 64 FR 61128. The re-designation 
of TPS for Sudan subsequently was extended by the Attorney General 
three times by Federal Register notice (65 FR 67407, 66 FR 46031 and 67 
FR 55877). The last extension of TPS for Sudan by the Attorney General 
was published in the Federal Register on August 30, 2002 at 67 FR 
55877.
    The Secretary of Homeland Security published a 12-month extension 
of TPS for Sudan by publishing a notice in the Federal Register on 
September 3, 2003 at 68 FR 52410. This extension expires on November 2, 
2004.
    Since the date of the most recent extension, DHS and the Department 
of State (DOS) have continued to review conditions in Sudan. Although 
some progress has been made in the peace negotiations for the North-
South conflict, the Secretary of DHS has determined that a 12-month 
extension is warranted because the armed conflict in Sudan continues. 
Likewise, the extraordinary and temporary conditions resulting from 
Sudan's North-South civil war persist. 8 U.S.C. 1254a(b)(1)(A), (C). 
Further, the Secretary finds that it is not contrary to the national 
interest of the United States to permit nationals of Sudan (or aliens 
having no nationality who last habitually resided in Sudan) who 
otherwise qualify for TPS to remain temporarily in the United States. 8 
U.S.C. 1254a(b)(1)(C). The Secretary of DHS has also determined that 
Sudan be re-designated for TPS based on the intensification of the 
armed conflict in the Darfur region of Sudan.
    Both DOS and the BCIS Resource Information Center note that a 
framework peace agreement between the Government of Sudan and the Sudan 
People's Liberation Army (SPLA) was signed in June 2004. (DOS 
Recommendation (June 24, 2004) and BCIS Resource Information Center 
Report (June 30, 2004), (hereinafter RIC Report (June 30, 2004)). In 
spite of that progress, the North-South civil war continues without a 
comprehensive peace agreement to end the civil war. (DOS Recommendation 
(June 24, 2004)). Fighting continues between the SPLA and southern 
militias. (RIC Report (June 30, 2004). Renewed fighting caused the 
displacement of 70,000 people in south Sudan's Shilluk Kingdom. Id. The 
20-year old conflict is estimated to have killed 2 million people, 
internally displaced 4.5 million people, and sent over 600,000 refugees 
into neighboring countries. (DOS Recommendation (June 24, 2004)).
    In addition to the North-South conflict, the conflict in the 
western region of Darfur has intensified. Up to 30,000 civilians have 
been killed. (RIC Report (June 30, 2004)). Up to one million people 
have been displaced from their homes in Darfur and over 100,000 have 
fled to neighboring Chad. Id. One million civilians in Darfur remain 
beyond the reach of aid workers due to the ongoing conflict. Id. 
Reports of killings, rapes, beatings, looting and burning of property 
throughout the Darfur region continue. (DOS Recommendation (June 24, 
2004)).
    Based upon this review, the Secretary of DHS, after consultation 
with appropriate government agencies, finds that the conditions that 
prompted designation of Sudan for TPS continue to be met. 8 U.S.C. 
1254a(b)(3)(A). The armed conflict is ongoing and there are 
extraordinary and temporary conditions in Sudan such that it is not 
safe to return nationals of Sudan (or aliens having no nationality who 
last habitually resided in Sudan) if these aliens meet the statutory 
and regulatory requirements for TPS. 8 U.S.C. 1254a(b)(1)(A), (C). The 
Secretary of DHS also finds that permitting nationals of Sudan (or 
aliens having no nationality who last habitually resided in Sudan) who 
are eligible for TPS 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)(C). On the basis of these findings, the Secretary of DHS 
concludes that the TPS designation for Sudan should be extended for an 
additional 12-month period and that Sudan should be re-designated for 
TPS. 8 U.S.C. 1254a(b)(3)(C), 1254a(b)(1)(A).

If I Currently Have TPS Through the Sudan TPS Designation, Do I Still 
Re-register for TPS?

    Yes. If you already have received TPS benefits through the Sudan 
TPS designation, your benefits will expire on November 2, 2004. 
Accordingly, individual TPS beneficiaries must comply with the re-
registration requirements described below in order to maintain their 
TPS benefits through November 2, 2005. TPS benefits include

[[Page 60170]]

temporary protection against removal from the United States, as well as 
employment 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 under the Sudan designation who 
wish to maintain such status must apply for an extension by filing the 
following: (1) Form I-821, Application for Temporary Protected Status, 
without the filing fee; (2) Form I-765, Application for Employment 
Authorization; (3) two identification photographs (full face frontal 2 
inches x 2 inches); and (4) a biometrics fee of seventy dollars ($70) 
for each applicant age 14 or older. (See the chart below to determine 
whether you must submit the one hundred and seventy-five dollar ($175) 
filing fee with Form I-765.) All applicants for TPS benefits, including 
those applying for re-registration need to be re-fingerprinted and thus 
need to pay the seventy dollar ($70) biometric services fee.
    An application submitted without the required fee and/or photos 
will be returned to the applicant. Submit the completed forms and 
applicable fee, if any, to the BCIS District Office having jurisdiction 
over your place of residence during the 60-day re-registration period 
that begins October 7, 2004 and ends December 6, 2004. An interim 
employment authorization document will not be issued to an applicant 
unless the Form I-765, as part of the TPS registration package, has 
been pending with BCIS more than 90 days after all requested initial 
evidence has been received, including collection of the applicant's 
fingerprints at an Application Support Center (ASC). See 8 CFR 
103.2(b)(10)(ii), 274a.13(d).

------------------------------------------------------------------------
                  If:                                 Then:
------------------------------------------------------------------------
You are applying for employment          You must complete and file the
 authorization until November 2, 2005.    Form I-765, Application for
                                          Employment Authorization, with
                                          the $175 fee.
You already have employment              You must complete and file Form
 authorization or do not require          I-765 with no fee.\1\
 employment authorization.
You are applying for employment          You must complete and file: (1)
 authorization and are requesting a fee   Form I-765 and (2) a fee
 waiver.                                  waiver request and affidavit
                                          (and any other information) in
                                          accordance with 8 CFR 244.20.
------------------------------------------------------------------------
\1\ An applicant who does not seek employment authorization
  documentation does not need to submit the $175 fee, but must still
  complete and submit Form I-765 for data gathering purposes.

    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?
    Yes. This notice re-designates Sudan for TPS based on the ongoing 
armed conflict in the Darfur region. To register for TPS under this re-
designation nationals of Sudan (or aliens having no nationality who 
last habitually resided in Sudan) must have been continuously 
physically present and continuously resided in the United States since 
October 7, 2004.

If I Am Not Currently Registered for TPS, How Do I Register Under the 
Re-designation?

    First-time applicants for TPS may register under the re-designation 
by filing the following: (1) Form I-821, Application for Temporary 
Protected Status, with the fifty dollar ($50) filing fee; (2) Form I-
765, Application for Employment Authorization; (3) two identification 
photographs (full face frontal 2 inches x 2 inches); (4) supporting 
evidence as required to establish eligibility for TPS benefits as 
provided in 8 CFR 244.9; and (5) a biometrics fee of seventy dollars 
($70) for each applicant over the age of 14. (See the chart below to 
determine whether you must submit the one hundred and seventy five 
dollar ($175) filing fee with Form I-765).
    An application submitted without the required fee and/or photos 
will be returned to the applicant. Submit the completed forms and 
applicable fee, if any, to the BCIS District Office having jurisdiction 
over your place of residence during the 180-day registration period 
that begins October 7, 2004 and ends April 5, 2005. An interim 
employment authorization document will not be issued to an applicant 
unless the Form I-765, as part of the TPS registration package, has 
been pending with BCIS more than 90 days after all requested initial 
evidence has been received, including collection of the applicant's 
fingerprints at an Application Support Center (ASC). See 8 CFR 
103.2(b)(10)(ii), 274a.13(d).

------------------------------------------------------------------------
                  If:                                 Then:
------------------------------------------------------------------------
You are applying for employment          You must complete and file the
 authorization until November 2, 2005.    Form I-765, Application for
                                          Employment Authorization, with
                                          the $175 fee if you are
                                          between the ages 14 and 65
                                          (inclusive)
You already have employment              You must complete and file Form
 authorization or do not require          I-765 with no fee \1\
 employment authorization.
You are applying for employment          You must complete and file: (1)
 authorization and are requesting a fee   Form I-765 and (2) a fee
 waiver.                                  waiver request and affidavit
                                          (and any other information) in
                                          accordance with 8 CFR 244.20.
------------------------------------------------------------------------
\1\ An applicant who does not seek employment authorization
  documentation does not need to submit the $175 fee, but must still
  complete and submit Form I-765 for data gathering purposes.


[[Page 60171]]

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 affect an applicant's TPS 
eligibility, 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)(A)(ii), 1254a(c)(2)(B)(ii).

Are Certain Aliens Ineligible for TPS?

    Yes. Individuals who do not meet the physical presence and 
continuous residence requirements as explained earlier in this notice 
are ineligible for TPS. In addition, there are certain criminal and 
terrorism related inadmissibility grounds that apply to TPS applicants 
and would render an alien ineligible for TPS. 8 U.S.C. 1254a 
(c)(2)(iii). Further, aliens who have been convicted of a felony, or 
two or more misdemeanors, committed in the United States, and aliens 
who are described in the bars to asylum under Section 208(b)(2)(A) of 
the Act (8 U.S.C. 1158(b)(2)(A)), are ineligible for TPS. 8 U.S.C. 
1254a(c)(2)(B).

Can I Apply for Another Immigration Benefit While Registered for TPS?

    Yes. Registration for TPS does not prevent you from applying for 
another non-immigrant status or from filing for adjustment of status 
based on an immigrant petition. 8 U.S.C. 1254a(a)(5). TPS alone, 
however, does not lead to adjustment of status. 8 U.S.C. 1254a(e), 
(f)(1), (h). For the purposes of change of status and adjustment of 
status, an alien is considered as being in, and maintaining, lawful 
status as a nonimmigrant during the period in which the alien is 
granted TPS. 8 U.S.C. 1254a(f)(4).

What Happens When this Extension and Re-designation of TPS Expire on 
November 2, 2005?

    At least 60 days before the extension and re-designation of TPS 
expire on November 2, 2005, the Secretary of DHS will review conditions 
in Sudan and determine whether the conditions for TPS designation 
continue to be met at that time, or whether the TPS designation should 
be terminated. 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.

Notice of Extension and Re-designation of TPS for Sudan

    By the authority vested in DHS under sections 244(b)(1)(A), 
(b)(1)(C), (b)(3)(A), and (b)(3)(C) of the Act, DHS has determined, 
after consultation with the appropriate government agencies, that the 
conditions that prompted designation of Sudan for TPS continue to be 
met. Accordingly, DHS orders as follows:
    (1) The designation of Sudan under sections 244(b)(1)(A) and 
(b)(1)(C) of the Act is extended for an additional 12-month period from 
November 2, 2004, to November 2, 2005. 8 U.S.C. 1254a(b)(3)(C).
    (2) Sudan is re-designated for TPS under section 244(b)(1)(A) of 
the Act. 8 U.S.C. 1254a(b)(1)(A).
    (3) There are approximately 449 nationals of Sudan (or aliens 
having no nationality who last habitually resided in Sudan) who have 
been granted TPS and who are eligible for re-registration.
    (4) It is estimated that there are fewer than 1,500 nationals of 
Sudan (or aliens having no nationality who last habitually resided in 
Sudan) who are not currently registered for TPS, but who may be 
eligible for TPS under this re-designation.
    (5) To maintain TPS, a national of Sudan (or an alien having no 
nationality who last habitually resided in Sudan) who was granted TPS 
during the initial designation period or re-designation period must re-
register for TPS under the extension during the 60-day re-registration 
period from October 7, 2004 until December 6, 2004.
    (6) To re-register under the extension, the applicant must file the 
following: (1) Form I-821, Application for Temporary Protected Status; 
(2) Form I-765, Application for Employment Authorization; (3) two 
identification photographs (full face frontal 2 inches by 2 inches); 
and (4) a biometrics fee of seventy dollars ($70) for each applicant 
age 14 and older. Applications submitted without the required fee and/
or photos will be returned to the applicant. There is no fee for filing 
a Form I-821 for re-registration. If the applicant requests employment 
authorization, he or she must submit one hundred and seventy-five 
dollars ($175) 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 must nonetheless file Form I-765 along with 
Form I-821, but is not required to submit the fee. Failure to re-
register without good cause will result in the withdrawal of TPS. 8 
U.S.C. 1254a(c)(3)(C).
    (7) To register for TPS under the re-designation, a national of 
Sudan (or alien having no nationality who last habitually resided in 
Sudan) who has been continuously physically present and continuously 
resided in the United States since October 7, 2004 must register for 
TPS during the 180-day registration period from October 7, 2004 until 
April 5, 2005. Only aliens who have not already been granted TPS 
pursuant to the TPS designation for Sudan, and whose status has not 
been withdrawn, may apply for TPS under the re-designation.
    (8) To register under the re-designation, the applicant must file 
the following: (1) Form I-821, Application for Temporary Protected 
Status, with fee; (2) Form I-765, Application for Employment 
Authorization; (3) two identification photographs (full face frontal 2 
inches by 2 inches); (4) supporting evidence as required to establish 
eligibility for TPS benefits as provided in 8 CFR 244.9; and (5) a 
biometrics fee of seventy dollars ($70) for each applicant over age 14. 
Applications submitted without the required fee and/or photos will be 
returned to the applicant. If the applicant is between the ages of 14 
and 65 (inclusive) and requests employment authorization, he or she 
must submit one hundred and seventy-five dollars ($175) 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 must 
nonetheless file Form I-765 along with Form I-821, but is not required 
to submit the fee for filing the Form I-765. Failure to re-register 
without good cause will result in the withdrawal of TPS. 8 U.S.C. 
1254a(c)(3)(C).
    (9) At least 60 days before this extension and re-designation 
terminates on November 2, 2005, the Secretary will review the 
designation of Sudan for TPS 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).
    (10) Information concerning the extension of designation of Sudan 
for TPS will be available at local BCIS offices upon publication of 
this notice and on the BCIS Web site at http://uscis.gov.



[[Page 60172]]


    Dated: September 2, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-22707 Filed 10-6-04; 8:45 am]
BILLING CODE 4410-10-P




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