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DHS
Publishes Federal Register Notice Extending TPS Designation for Somalia [Federal Register: July 21, 2003 (Volume 68, Number 139)]
[Notices]
[Page 43147-43150]
From the Federal Register Online via GPO Access
[wais.access.gpo.gov]
[DOCID:fr21jy03-99]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2284-03]
RIN 1650-AB06
Extension of the Designation of Somalia Under Temporary Protected
Status Program
AGENCY: Bureau of Citizenship and Immigration Services, Homeland
Security.
ACTION: Notice.
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SUMMARY: The designation of Somalia under the Temporary Protected
Status (TPS) Program will expire on September 17, 2003. This notice
extends the Secretary of Homeland Security's designation of Somalia for
12 months until September 17, 2004, and sets forth procedures necessary
for nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) 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
September 16, 1991) and also timely re-registered under each subsequent
extension of the designation, or who registered under the re-
designation (which was announced
[[Page 43148]]
on September 4, 2001) and also timely re-registered under the extension
of the re-designation. Certain nationals of Somalia (or aliens having
no nationality who last habitually resided in Somalia) who previously
have not applied for TPS may be eligible to apply under the late
initial registration provisions.
EFFECTIVE DATES: The extension of Somalia's TPS designation is
effective September 17, 2003, and will remain in effect until September
17, 2004. The 60-day re-registration period begins July 21, 2003 and
will remain in effect until September 19, 2003.
FOR FURTHER INFORMATION CONTACT: Jonathan Mills, Residence and Status
Services, Office of Programs and Regulations, Bureau of Citizenship and
Immigration Services, Department of Homeland Security, 425 ``I''
Street, NW., Room 3040, Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Department of Homeland
Security Have To Extend the Designation of Somalia Under the TPS
Program?
On March 1, 2003, the functions of the Immigration and
Naturalization Service (Service) transferred from the Department of
Justice to the Department of Homeland Security (DHS) pursuant to the
Homeland Security Act of 2002, Public Law 107-296. The responsibilities
held by the Service for administering the TPS program were transferred
to the Bureau of Citizenship and Immigration Services (BCIS).
Under section 244 of the Immigration and Nationality Act (the 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. 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 under
the TPS program 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). Finally, 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 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 the TPS Designation for
Somalia?
On September 16, 1991, the Attorney General published a notice in
the Federal Register designating Somalia under the TPS program based
upon ongoing armed conflict occurring within the country. 56 FR 46804.
The Attorney General extended this TPS designation annually and re-
designated Somalia by publishing a notice on September 4, 2001,
determining in each instance that the conditions warranting such
designation continued to be met. 67 FR 48950.
Since the date of the last extension, the Departments of Homeland
Security and State have continued to review conditions in Somalia. It
is determined that a 12-month extension is warranted due to ongoing
armed conflict within Somalia that would pose a serious threat to the
personal safety of returning nationals of Somalia (or aliens having no
nationality who last habitually resided in Somalia). 8 U.S.C.
1254a(b)(1)(A).
The Department of State has observed that, more than seven years
after the withdrawal of the United Nations Operation in Somalia
(UNOSOM) and twelve years after the fall of Mohammed Said Barre's
regime, Somalia still lacks a central authority. DOS Recommendation
(June 4, 2003). In July 2000, the president of Djibouti convened a
conference that adopted a charter for a three-year Transnational
National Government (TNG) for Somalia and selected a 245-member
Transitional Assembly. Id. In October 2002, virtually all warring
factions, the TNG, and civil society held peace talks and agreed to a
ceasefire. Id.
Despite these developments, real change on the ground has not yet
occurred. BCIS Resource Information Center (RIC) Report (May 30, 2003).
Many TNG officials have been threatened or killed; an atmosphere of
lawlessness continues. DOS Recommendation. De facto local governments
in the northern part of the country that pre-date the TNG and several
local militias have strongly contested the legitimacy of the TNG. Id.
Fighting has continued throughout the country. Id. Hundreds have been
killed and injured in clashes between armed factions. RIC Report.
Almost the entire country, except the self-declared Republic of
Somaliland, has witnessed fighting and serious insecurity. Id. Major
regions of the country are under the control of bandits and the
population is beyond the reach of the rule of law. DOS Recommendation.
In addition, the RIC reports that the humanitarian situation in
Somalia remains dire. The ongoing conflict in much of the country has
prevented humanitarian relief from reaching some areas where the need
is greatest. RIC Report. Some 500,000 people are currently threatened
by severe food shortages, 72 percent of the population has no access to
health care, and 77 percent lack access to clean, potable water. Id. An
estimated 400,000 people are displaced within the country. Id. As of
the end of 2001, approximately 300,000 Somali refugees lived in about
two dozen countries. Id. The current situations in southern and
northeast Somalia continue to pose a significant risk of harm for
Somalis who would be returning from the United States. Id.
Somalia's institutions are not able to adequately address the
demands of a ravaged population, nor would they be able to document or
accommodate a large volume of returns. DOS Recommendation. Somalis
within the country rely on family connections and collective security
for survival. Id. New arrivals, outside this network, would be
extremely vulnerable. Id.
Based upon this review, the Secretary of DHS, after consultation
with appropriate Government agencies, finds that the conditions that
prompted designation of Somalia under the TPS program continue to be
met. 8 U.S.C. 1254a(b)(3)(A). There is an ongoing armed conflict within
Somalia and, due to such conflict, requiring the return of aliens who
are nationals of Somalia (or aliens having no nationality who last
habitually resided in Somalia) would pose a serious threat to their
personal safety. 8 U.S.C. 1254a(b)(1)(A). On the basis of these
findings, the Secretary of DHS concludes that the TPS designation for
Somalia should be extended for an additional 12-month period. 8 U.S.C.
1254a(b)(3)(C).
If I Currently Have TPS Through the Somalia TPS Program, Do I Still Re-
register for TPS?
Yes. If you already have received TPS benefits through the Somalia
TPS program, your benefits will expire on September 17, 2003.
Accordingly, individual TPS beneficiaries must comply with the re-
registration
[[Page 43149]]
requirements described below in order to maintain their TPS benefits
through September 17, 2004. TPS benefits include 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 Somalia program who
wish to maintain such status must apply for an extension by filing (1)
a Form I-821, Application for Temporary Protected Status, without the
filing fee; (2) a 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 Form I-765. Applicants
for an extension of TPS benefits do not need to be re-fingerprinted and
thus need not pay the $50 fingerprint fee. Children beneficiaries of
TPS who have reached the age of fourteen (14) but were not previously
fingerprinted must pay the fifty dollar ($50) fingerprint fee with the
application for extension.
Applications 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
July 21, 2003 and ends September 19, 2003.
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If Then
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You are applying for employment You must complete and file
authorization until September 17, 2004. the Form I-765, Application
for Employment
Authorization, with the
$120 fee.
You already have employment authorization You must complete and file
or do not require employment Form I-765 with no fee.\1 authorization.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Form I-765 and (2) a
waiver. fee waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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\1\ An applicant who does not seek employment authorization
documentation does not need to submit the $120 fee, but must still
complete and submit Form I-765 for data gathering purposes.
If My Application for TPS Is Still Pending, How Can I Renew My
Employment Authorization Document?
If your application for TPS is still pending and you wish to
receive or renew your employment authorization document, you must file
with the BCIS District Office having jurisdiction over your place of
residence (1) a Form I-821 without the filing fee, (2) a Form I-765,
and (3) two identification photographs (1\1/2\ inches x 1\1/2\ inches).
See the chart above to determine whether you must submit the one
hundred and twenty ($120) filing fee with Form I-765. An application
submitted without the required filing fee or photos will be returned to
the applicant.
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, and vise versa. 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); 8 U.S.C.
1254a(c)(2)(B)(ii).
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 4, 2001, To File for TPS?
No. This is a notice of an extension of TPS, not a notice of re-
designation of Somalia 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 Somalia (or
aliens having no nationality who last habitually resided in Somalia)
must have resided continuously in the United States since September 4,
2001, and have been continuously physically present in the United
States since September 4, 2001.
What Is Late Initial Registration?
Some persons may be eligible for late initial registration under 8
U.S.C. 1254a(c)(1)(A) and 8 CFR 244.2(f)(2). To apply for late initial
registration an applicant must:
(1) Be a national of Somalia (or alien who has no nationality and
who last habitually resided in Somalia);
(2) Have been continuously physically present in the United States
since September 4, 2001;
(3) Have continuously resided in the United States since September
4, 2001; and
(4) Be both admissible as an immigrant, except as 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 September 4, 2001, through September 17,
2002, 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.
An applicant for late initial registration must file an application
for late registration no later than 60 days after the expiration or
termination of the conditions described above. 8 CFR 244.2(g).
What Happens When This Extension of TPS Expires on September 17, 2004?
At least 60 days before this extension of TPS expires on September
17, 2004, the Secretary of DHS will review conditions in Somalia and
determine whether the conditions for designation under the TPS program
continue to be met at that time, or whether the TPS designation should
be terminated. Notice of that determination, including the basis for
the determination, will be published in the Federal Register.
If the TPS designation is extended at that time, an alien who has
received TPS benefits must re-register under the extension in order to
maintain TPS benefits. If, however, the Secretary of DHS terminates the
TPS designation, TPS beneficiaries will maintain the immigration status
they had before TPS (unless that status had since expired or been
terminated) or any other status they may have acquired while registered
for TPS. Accordingly, if an alien had no lawful immigration status
prior to receiving TPS and did not obtain any status during the TPS
period, he or she will revert to that unlawful status upon termination
of the TPS designation.
[[Page 43150]]
Notice of Extension of Designation of Somalia Under the TPS Program
By the authority vested in me as Secretary of DHS under sections
244(b)(1)(B), (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 Somalia for TPS 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 17, 2003, to
September 17, 2004. 8 U.S.C. 1254a(b)(3)(C).
(2) There are approximately 360 nationals of Somalia (or aliens
having no nationality who last habitually resided in Somalia) who have
been granted TPS and who are eligible for re-registration.
(3) To maintain TPS, a national of Somalia (or an alien having no
nationality who last habitually resided in Somalia) who received TPS
during the initial designation period must re-register for TPS during
the 60-day re-registration period from July 21, 2003 until September
19, 2003.
(4) To re-register, the applicant must file: (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). Applications submitted without the
required fee and/or photos will be returned to the applicant. There is
no fee for filing the Form I-821 for re-registration. If the applicant
requests employment authorization, 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 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) At least 60 days before this extension terminates on September
17, 2004, the Secretary will review the designation of Somalia 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).
(6) Information concerning the extension of designation of Somalia
under the TPS program will be available at local BCIS offices upon
publication of this notice and on the BCIS Web site at http://frwebgate.
access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to
=http://www.bcis.gov
.
Dated: July 16, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-18566 Filed 7-17-03; 12:39 pm]
BILLING CODE 4410-10-P
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