[Federal Register: August 25, 2004 (Volume 69, Number 164)]
[Notices]
[Page 52297-52299]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au04-93]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Citizenship and Immigration Services
[CIS No. 2324-04]
Termination and Re-Designation of Liberia for Temporary Protected
Status
AGENCY: Department of Homeland Security, Bureau of Citizenship and
Immigration Services.
ACTION: Notice.
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SUMMARY: The Temporary Protected Status (TPS) designation of Liberia
will expire on October 1, 2004. This notice terminates the current
designation of Liberia and re-designates Liberia for TPS. The Attorney
General designated Liberia for TPS on October 1, 2002. The Secretary of
the Department of Homeland Security (DHS) had extended Liberia TPS
through October 1, 2004. After reviewing conditions in Liberia, the
Secretary of DHS finds that, while the armed conflict has ended, there
are extraordinary and temporary conditions that prevent the safe return
of nationals to Liberia. The re-designation will allow nationals of
Liberia who have been continuously physically present in the United
States since August 25, 2004, and continuously resided in the United
States since October 1, 2002, to apply for TPS. This notice also sets
forth procedures necessary for nationals of Liberia (or aliens having
no nationality who last habitually resided in Liberia) to register for
TPS. All current Liberia TPS beneficiaries who wish to continue to
receive TPS benefits will have to register for TPS according to the
procedures set forth in this notice.
EFFECTIVE DATE: The re-designation of Liberia's TPS designation is
effective October 1, 2004, and will remain in effect until October 1,
2005. The registration period begins August 25, 2004, and will remain
in effect until February 21, 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,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529,
telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Secretary of the Department of Homeland
Security Have To Terminate the Designation of Liberia and Re-Designate
Liberia 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
for administering the TPS program 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. The Secretary of DHS may 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).
[[Page 52298]]
Why Did the Secretary of DHS Decide To Terminate and Re-Designate
Liberia Under the TPS Program?
On October 1, 2002, the Attorney General published a notice in the
Federal Register designating Liberia under the TPS program based on its
ongoing armed conflict. 67 FR 61664. The Secretary of DHS extended this
TPS designation by Notice published in the Federal Register on August
6, 2003 at 68 FR 46648, determining that the conditions warranting such
designation continued to be met.
Since the date of the most recent extension, DHS and the Department
of State (DOS) have continued to review conditions in Liberia. DHS and
DOS have determined that, because the armed conflict has concluded, the
conditions that prompted designation no longer exist. Accordingly, the
Secretary of DHS is terminating the designation of Liberia for TPS
under 8 U.S.C. 1254a(b)(3)(B). However, the Secretary of DHS finds that
there are extraordinary and temporary conditions in Liberia that
prevent the safe return of certain nationals of Liberia (or aliens
having no nationality who last habitually resided in Liberia). Further,
it is determined that it is not contrary to the national interest of
the United States to permit nationals of Liberia (or aliens having no
nationality who last habitually resided in Liberia) who qualify for TPS
to remain temporarily in the United States. Therefore, the re-
designation of Liberia for TPS is warranted under 8 U.S.C.
1254a(b)(1)(C).
DOS observes that a peace agreement has been signed and that the
civil war has ended. (DOS Recommendation (May 12, 2004)). The BCIS
Resource Information Center (RIC) reports that between March and May
2004 there were no reports of conflict. (RIC Report (July 1, 2004)).
The disarmament, demobilization and reintegration (DDR) program has
begun; however, the United Nations has not completed the demobilization
of the armed groups. (DOS Recommendation (May 12, 2004)). Approximately
42,000 combatants from the three armed factions (Liberian government
forces, Liberians United for Reconciliation and Democracy (LURD) and
Movement for Democracy in Liberia (MODEL)) have been disarmed since
December 2003. Estimates of the total number of combatants range from
40,000 to 60,000. Id. In June 2004, the United Nations Security Council
decided to continue sanctions on diamond and timber exports due to
widespread corruption in the new government and failure of the
government to effectively control large swathes of the interior. (RIC
Report (July 1, 2004)).
The protracted civil war has damaged Liberia's infrastructure.
Eighty percent of the pre-war housing stock has been damaged. (RIC
Report (July 1, 2004)). Less than ten percent of the arable land is
under cultivation. Id. Food security, shelter, water, sanitation, and
healthcare remain practically non-existent. (DOS Recommendation (May
12, 2004)). Due to the damage to infrastructure caused by the civil
war, certain nationals of Liberia cannot yet return home safely. There
are 300,000 Liberian refugees in neighboring countries and 500,000
displaced within Liberia. (RIC Report (July 1, 2004)). However, the
United Nation High Commission for Refugees (UNHCR) plans to begin to
facilitate returns of Liberian refugees from surrounding countries in
October, 2004. The current voluntary return of refugees from
neighboring countries is already taxing the limited resources of the
country. (DOS Recommendation (May 12, 2004)).
Based upon this review, the Secretary of DHS, after consultation
with appropriate government agencies, finds that the conditions that
prompted designation of Liberia for TPS are no longer met. 8 U.S.C.
1254a(b)(3)(A) and (B). The armed conflict has ceased. However, the
Secretary of DHS also finds that the damage caused by the civil war has
led to extraordinary and temporary conditions in Liberia that prevent
the safe return of certain nationals of Liberia (or aliens having no
nationality who last habitually resided in Liberia) who originally
registered for TPS in 2002. The Secretary of DHS also finds that
permitting nationals of Liberia who qualify 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 Liberia based on an ongoing, armed conflict should be terminated
and Liberia should be re-designated for TPS due to extraordinary and
temporary conditions. 8 U.S.C. 1254a(b)(3)(B) and 8 U.S.C.
1254a(b)(1)(C).
If I Currently Have TPS Through the Liberia TPS Designation, Do I Have
To Register for the New TPS Designation?
Yes. If you already have received TPS benefits through the Liberia
TPS designation, your benefits will expire on October 1, 2004.
Accordingly, individual TPS beneficiaries must comply with the
registration requirements described below in order to maintain their
TPS benefits through October 1, 2005. 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).
How Do I Register for TPS Benefits?
Applicants for TPS may register under the re-designation by filing
(1) a Form I-821, Application for Temporary Protected Status, with the
fifty dollar ($50) filing fee; (2) a Form I-765, Application for
Employment Authorization; (3) two identification photographs (1\1/2\
inches x 1\1/2\ 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. 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 August 25, 2004, and ends February 21, 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) and 8 CFR 274a.13(d).
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If . . . Then . . .
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You are applying for employment You must complete and file the
authorization until October 1, 2005. Form I-765, Application for
Employment Authorization, with
the $175 fee if you are
between the ages 14 and 65
(inclusive).
[[Page 52299]]
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.
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\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.
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); 8 U.S.C. 1254a(c)(2)(B)(ii).
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. TPS alone, however, does not lead to
adjustment of status. 8 U.S.C. 1254a(a)(5) and 8 U.S.C. 1254a(f)(1).
For the purposes of change of status and adjustment of status, during
the period in which an alien is granted TPS the alien is considered as
being in, and maintaining, lawful status as a nonimmigrant. 8 U.S.C.
1254a(f)(4).
Does This Re-Designation Allow Nationals of Liberia (or Aliens Having
No Nationality Who Last Habitually Resided in Liberia) Who Entered the
United States After October 1, 2002 to Register for TPS?
No. Although this is a notice re-designating Liberia for TPS, the
Secretary of DHS has discretion to set the date by which TPS
beneficiaries must have established continuous residence in the
country. 8 U.S.C. 1254a(c)(1)(A)(ii). This re-designation retains the
date of continuous residence of the previous TPS designation, October
1, 2002. To be eligible for benefits under this re-designation,
nationals of Liberia (or aliens having no nationality who last
habitually resided in Liberia) must have been continuously physically
present in the United States since August 25, 2004, and have
continuously resided in the United States since October 1, 2002.
What Happens When This Designation of TPS Expires on October 1, 2005?
At least 60 days before this designation of TPS expires on October
1, 2005, the Secretary of DHS will review conditions in Liberia and
determine whether the conditions for designation under the TPS program
continue to be met, 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.
Notice of Termination of Designation of Liberia and Re-Designation of
Liberia Under the TPS Program
By the authority vested in DHS under sections 244(b)(1) and (b)(3)
of the Act, DHS has consulted with the appropriate government agencies
and determined that Liberia no longer meets the conditions that
prompted designation of Liberia for TPS. 8 U.S.C. 1254a(b)(3)(A) and
(B). DHS has also consulted with the appropriate government agencies
concerning the re-designation of TPS for Liberia. From these
consultations DHS finds that, owing to the damage caused by the civil
war, there exist extraordinary and temporary conditions that prevent
aliens who are nationals of Liberia (or aliens having no nationality
who last habitually resided in Liberia) from safely returning to
Liberia. 8 U.S.C. 1254a(b)(1)(C). Accordingly, DHS orders as follows:
(1) The designation of Liberia under section 244(b)(1)(A) of the
Act is terminated. 8 U.S.C. 1254a(b)(3)(B).
(2) Liberia is re-designated for TPS under section 244(b)(1)(C) of
the Act. 8 U.S.C. 1254a(b)(1)(C).
(3) Nationals of Liberia (or aliens having no nationality who last
habitually resided in Liberia) who have been continuously physically
present in the United States since August 25, 2004, and who have
continuously resided in the United States since October 1, 2002, may
apply for TPS during the 180-day registration period from August 25,
2004, until February 21, 2005.
(4) There are approximately 3,792 nationals of Liberia (or aliens
having no nationality who last habitually resided in Liberia) who have
been granted TPS and who are eligible for registration under the re-
designation.
(5) To register, 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 (1\1/2\ inches by 1\1/2\ 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. The fee for filing a
Form I-821 is fifty dollars ($50). 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.
(6) At least 60 days before this designation terminates on October
1, 2005, the Secretary of DHS will review the designation of TPS for
Liberia 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).
(7) Information concerning the termination and re-designation of
Liberia for TPS will be available at local BCIS offices upon
publication of this notice and on the BCIS Web site at http://uscis.gov
.
Dated: July 28, 2004.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 04-19448 Filed 8-24-04; 8:45 am]
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