[Federal Register Volume 72, Number 45 (Thursday, March 8, 2007)]
[Notices]
[Pages 10541-10546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4097]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2404-07; DHS Docket No. USCIS-2007-0002]
RIN 1615-ZA46
Extension of the Designation of Sudan for Temporary Protected
Status; Automatic Extension of Employment Authorization Documentation
for Sudanese TPS Beneficiaries
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice of extension of temporary protected status designation
of Sudan.
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SUMMARY: This Notice alerts the public that the designation of Sudan
for Temporary Protected Status (TPS) has been extended for 18 months to
November 2, 2008, from its current expiration date of May 2, 2007. This
Notice also 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 Documents (EADs) for the additional 18-month period. Re-
registration is limited to persons who have previously registered for
TPS under the designation of Sudan and whose application has been
granted or remains pending. Certain nationals of Sudan (or aliens
having no nationality who last habitually resided in Sudan) who have
not previously applied for TPS may be eligible to apply under the late
initial registration provisions.
Given the timeframes involved with processing TPS re-registrants,
the Department of Homeland Security (DHS) recognizes that re-
registrants may not receive a new EAD until after their current EAD
expires on May 2, 2007. Accordingly, this Notice automatically extends
the validity of EADs issued under the TPS designation of Sudan for six
months, through November 2, 2007, and explains how TPS beneficiaries
and their employers may determine which EADs are automatically
extended. New EADs with the November 2, 2008 expiration date will be
issued to eligible TPS beneficiaries who timely re-register and apply
for an EAD.
DATES: The extension of the TPS designation of Sudan is effective May
3, 2007, and will remain in effect until 11:59 p.m. on November 2,
2008. The 60-day re-registration period begins March 8, 2007, and will
remain in effect
[[Page 10542]]
until May 7, 2007. To facilitate processing of their applications,
applicants are strongly encouraged to file as soon as possible after
the start of the 60-day re-registration period beginning on March 8,
2007.
FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family
Branch, Office of Service Center Operations, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue, NW., 2nd Floor, Washington, DC 20529, telephone (202) 272-1505.
This is not a toll-free call. Further information will also be
available at local USCIS offices upon publication of this Notice and on
the USCIS Web site at http://uscis.gov.
SUPPLEMENTARY INFORMATION:
Abbreviations and Terms Used in This Document
Act--Immigration and Nationality Act
ASC--USCIS Application Support Center
DHS--Department of Homeland Security
EAD--Employment Authorization Document
Secretary--Secretary of Homeland Security
SAF--Sudanese Armed Forces
SPLM/A--Sudan People's Liberation Movement/Army
USCIS--U.S. Citizenship and Immigration Services
UNHCR--United Nations High Commissioner for Refugees
What authority does the Secretary of Homeland Security have to extend
the designation of Sudan for TPS?
Section 244(b)(1) of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security
(Secretary), after consultation with appropriate agencies of the
Government, to designate a foreign state (or part thereof) for TPS. The
Secretary may then grant TPS to eligible nationals of that foreign
state (or aliens having no nationality who last habitually resided in
that state). 8 U.S.C. 1254a(a)(1)(A).
At least 60 days before the expiration of the TPS designation, or
any extension thereof, the Secretary, after consultations with
appropriate agencies of the Government, must review the conditions in a
foreign state designated for TPS to determine whether the conditions
for the TPS designation continue to be met and, if so, the length of an
extension. 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines
that the foreign state no longer meets the conditions for the TPS
designation, he must terminate the designation. 8 U.S.C.
1254a(b)(3)(B).
Why did the Secretary decide to extend the TPS designation of Sudan?
On November 4, 1997, the Attorney General published a Notice in the
Federal Register at 62 FR 59737 designating Sudan for TPS based on an
ongoing armed conflict and extraordinary and temporary conditions
within that country. The Attorney General extended this designation the
next year, determining that the conditions warranting such designation
continued to be met. 63 FR 59337 (Nov. 3, 1998). On November 9, 1999,
the Attorney General extended and re-designated Sudan by publishing a
Notice in the Federal Register, based upon the ongoing armed conflict
and extraordinary and temporary conditions. 64 FR 61128. Subsequent to
that date, the Attorney General and the Secretary of Homeland Security
have extended the TPS designation of Sudan four times, determining in
each instance that the conditions warranting the designation continued
to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR 46031 (Aug. 31, 2001); 67
FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept. 3, 2003). On October 7,
2004, the Secretary extended and re-designated Sudan for TPS due to the
ongoing armed conflict in the Darfur region and the extraordinary and
temporary conditions resulting from the ongoing conflict. 69 FR 60168.
The most recent extension of Sudan for TPS became effective on November
2, 2005, and is due to expire at 11:59 p.m. May 2, 2007. 70 FR 52429
(Sept. 2, 2005).
Over the past year, DHS and the Department of State have continued
to review conditions in Sudan. Based on this review, the Secretary has
concluded that an 18-month extension is warranted because the armed
conflict and extraordinary and temporary conditions that prompted
redesignation of Sudan for TPS in October 2004 persist. Further, the
Secretary has determined that it is not contrary to the national
interest of the United States to permit aliens who are eligible for TPS
based on the designation of Sudan to remain temporarily in the United
States. See 8 U.S.C. 1254a(b)(1)(C).
Despite the signing of a comprehensive peace agreement between the
government of Sudan and the Sudan People's Liberation Movement/Army
(SPLM/A), conditions in Sudan continue to be volatile and dangerous in
large parts of Western and Southern Sudan. Sporadic violence continues
in Southern Sudan, with fighting among armed elements associated with
the Sudanese Armed Forces (SAF), the SAF itself, and the SPLM/A. The
humanitarian crisis in the Darfur region of Western Sudan continues to
cause concern, with an estimated 250,000 people displaced since the
beginning of 2006, and armed clashes have intensified since September
2006. In November 2006, 10,000 civilians were displaced during joint
government/Janjaweed attacks on 12 villages in the Jebel Mara region of
Darfur and the deliberate targeting of civilians continues. Since the
beginning of the conflict, approximately 2 million people have been
forced to leave their homes and live in displaced person camps while
hundreds of thousands have been killed.
There have also been incidents of violence and instability in
southern Sudan. It is estimated that 250 civilian and military deaths
resulted from fighting that erupted between the SPLA and a faction of
the South Sudan Defense Forces and that an additional 300-400 civilians
were wounded. Some of the violence was attributed to the forces of the
Ugandan rebel Lord's Resistance Army, which, despite having signed a
cessation of hostilities agreement with the government of Uganda on
August 26, 2006, was reported by the former United Nations Secretary-
General to continue to pose a military threat. The Government of
Southern Sudan has since stepped up efforts to restore security in the
region.
Access to humanitarian relief is limited by security concerns and
Government of Sudan-imposed constraints on relief organizations. While
the Office of the United Nations High Commissioner for Refugees (UNHCR)
facilitated the return of approximately 91,000 southern Sudanese
refugees and displaced persons to Sudan through direct repatriation
assistance and reintegration programs in 2006, return is not risk free;
civilians have continued to be victims of episodic violence, and UNHCR
has not yet moved into a phase of actively promoting refugee returns.
Based upon this review, the Secretary finds, after consultation
with the appropriate Government agencies, that the conditions that
prompted the designation of Sudan for TPS continue to be met. See 8
U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing and there are
extraordinary and temporary conditions in Sudan that prevent aliens who
are nationals of Sudan (or aliens having no nationality who last
habitually resided in Sudan) from returning in safety. See 8 U.S.C.
1254a(b)(1)(A), (C). The Secretary also finds that it is not contrary
to the national interest of the United States to
[[Page 10543]]
permit aliens who meet the eligibility requirements of TPS to remain in
the United States temporarily. See 8 U.S.C. 1254a(b)(1)(C). On the
basis of these findings, the Secretary concludes that the designation
of Sudan for TPS should be extended for an additional 18-month period.
See 8 U.S.C. 1254a(b)(3)(C).
Notice of Extension of the TPS Designation of Sudan
By the authority vested in me as Secretary of Homeland Security
under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after
consultation with the appropriate Government agencies, that the
conditions that prompted redesignation of Sudan for TPS in October 2004
continue to be met. See 8 U.S.C 1254a(b)(3)(A), (C). There are
approximately 520 nationals of Sudan (or aliens having no nationality
who last habitually resided in Sudan) who have been granted TPS and who
may be eligible for re-registration. Accordingly, I am extending the
TPS designation of Sudan for 18 months from May 3, 2007 to November 2,
2008. For instructions on this extension, please refer to the following
attachments, which include filing and eligibility requirements for
Temporary Protected Status and Employment Authorization Documents.
Dated: March 1, 2007.
Michael Chertoff,
Secretary.
Temporary Protected Status Filing Guidelines
If I currently have benefits through the TPS designation of Sudan for
TPS and would like to maintain them, do I need re-register for TPS?
Yes. If you already have received TPS benefits through the
designation of Sudan for TPS, your benefits will expire at 11:59 p.m.
on May 2, 2007. All TPS beneficiaries must comply with the re-
registration requirements described in this Notice in order to maintain
TPS benefits through November 2, 2008. TPS benefits include temporary
protection against removal from the United States and employment
authorization during the TPS designation period. 8 U.S.C. 1254a(a)(1).
Failure to re-register without good cause will result in the withdrawal
of your temporary protected status and possibly your removal from the
United States. 8 U.S.C. 1254a(c)(3)(C).
If I am currently registered for TPS or have a pending application for
TPS, how do I re-register to renew my benefits for the duration of the
extension period?
Please submit the proper forms and fees according to the Table 1
below. Aliens who have previously registered for TPS but whose
applications remain pending should follow these instructions if they
wish to renew their TPS benefits. All TPS re-registration applications
submitted without the required fees will be returned to the applicant.
All fee waiver requests should be filed in accordance with 8 CFR
244.20. If you received an EAD during the most recent registration
period, please submit a photocopy of the front and back of your EAD.
Table 1.--Application Forms and Application Fees
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If And Then
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You are re-registering for TPS.. You are applying You must complete
for an extension and file the Form
of your EAD valid I-765,
through November Application for
2, 2008. Employment
Authorization,
with the $180 fee
or a fee waiver
request. You must
also submit Form
I-821,
Application for
Temporary
Protected Status,
with no fee.
You are re-registering for TPS.. You are NOT You must complete
applying for and file the Form
renewal of your I-765 with no fee
EAD. and Form I-821
with no fee Note:
DO NOT check any
box for the
question ``I am
applying for''
listed on Form I-
765 as you are
NOT requesting an
EAD benefit.
You are applying for TPS as a You are applying You must complete
late initial registrant and you for a TPS-related and file Form I-
are between the ages of 14 and EAD. 821 with the $50
65 (inclusive). fee or fee waiver
request and Form
I-765 with the
$180 fee or a fee
waiver request.
You are applying for TPS as a You are applying You must complete
late initial registrant and are for a TPS-related and file Form I-
under age 14 or over age 65. EAD. 821 with the $50
fee or fee waiver
request. You must
also submit Form
I-765 with no
fee.
You are applying for TPS as a You are NOT You must complete
late initial registrant, applying for an and file Form I-
regardless of age. EAD. 821 with the $50
fee or fee waiver
request and Form
I-765 with no
fee.
Your previous TPS application is You are applying You must complete
still pending. to renew your and file the Form
temporary I-765 with the
treatment $180 fee or a fee
benefits (i.e., waiver request.
an EAD with You must also
category ``c-19'' submit Form I-
on its face). 821, Application
for Temporary
Protected Status,
with no fee.
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Certain applicants must also submit a Biometric Service Fee (See
Table 2). The Biometric Service Fee will not be waived. 8 CFR
103.2(e)(4)(i), (iii).
[[Page 10544]]
Table 2.--Biometric Service Fees
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If And Then
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You are 14 years of age or older 1. You are re- You must submit a
registering for Biometric Service
TPS, or. fee of $70.
2. You are
applying for TPS
under the late
initial
registration
provisions, or.
3. Your TPS
application is
still pending and
you are applying
to renew
temporary
treatment
benefits.
You are younger than 14 years of You are applying You must submit a
age. for an EAD. Biometric Service
fee of $70.
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What edition of the Form I-821 should be submitted?
Only the edition of Form I-821 dated November 5, 2004, or later
will be accepted. The revision date can be found in the bottom right
corner of the form. The proper form can be found on the Internet at
http://www.uscis.gov or by calling the USCIS forms hotline at 1-800-
870-3676.
Where should an applicant submit his or her application for TPS?
Please reference table 3 below to see where to mail your specific
application.
Table 3.--Application Mailing Directions
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Or, for non-United
States Postal
If Then mail to Service (USPS)
deliveries, mail
to
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You are applying for re- U.S. Citizenship U.S. Citizenship
registration or applying to and Immigration and Immigration
renew your temporary treatment Services Attn: Services Attn:
benefits. TPS Sudan P.O. TPS Sudan 427 S.
Box 8677 Chicago, LaSalle--3rd
IL 60680-8677. Floor Chicago, IL
60605-1029.
You are applying for TPS for the U.S. Citizenship U.S. Citizenship
first time, as a late initial and Immigration and Immigration
registrant. Services Attn: Services Attn:
TPS Sudan P.O. TPS Sudan Late
Box 8677 Chicago, Initial
IL 60680-8677. Registrant 427 S.
LaSalle--3rd
Floor, Chicago,
IL 60605-1029.
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Can an applicant file their application electronically?
If you are filing for re-registration and do not need to submit
supporting documentation with your application, you may file your
application electronically. To file your application electronically,
follow directions on the USCIS Web site at: http://www.uscis.gov.
Who should submit supporting documentation?
See Table 4 below to determine if you need to submit supporting
documentation.
Table 4.--Who Should Submit Supporting Documentation?
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If Then
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One or more of the questions listed in You must submit an
Part 4, Question 2 of Form I-821 applies explanation, on a separate
to you. sheet(s) of paper, and/or
additional documentation
must be provided. You may
NOT file electronically.
You were granted TPS by an Immigration You must include evidence of
Judge or the Board of Immigration Appeals. the grant of TPS (such as
an order from the
Immigration Judge) with
your application package.
You may NOT file
electronically.
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What is late initial registration?
Some persons may be eligible for late initial registration under 8
CFR 244.2. In order to be eligible for late initial registration an
applicant must:
(1) Be a national of Sudan (or alien who has no nationality and who
last habitually resided in Sudan);
(2) Have continuously resided in the United States since October 7,
2004;
(3) Have been continuously physically present in the United States
since October 7, 2004; 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 initial registration period (from November 4, 1997 to November 3,
1998), during the registration period for the first re-designation
(from November 9, 1999 to November 2, 2000), or during the registration
period for the most recent re-designation (from October 7, 2004 to
April 5, 2005), 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) Is 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). All late
initial registration applications for TPS, pursuant to the TPS
designation of Sudan, should be submitted to the appropriate address in
Chicago, Illinois as defined in Table 3.
Are certain aliens ineligible for TPS?
Yes. There are certain criminal and terrorism-related
inadmissibility grounds that render an alien ineligible for TPS. See 8
U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of
any felony or two or more
[[Page 10545]]
misdemeanors committed in the United States are ineligible for TPS
under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i),
as are aliens described in the bars to asylum in section 208(b)(2)(A)
of the Act, 8 U.S.C. 1158(b)(2)(A). See 8 U.S.C. 1254a(c)(2)(B)(ii). An
individual granted TPS will have his or her TPS withdrawn if the alien
is not in fact eligible for TPS, if the alien fails to timely re-
register for TPS without good cause, or if the alien fails to maintain
continuous physical presence in the United States. See 8 U.S.C.
1254a(c)(3)(A)-(C).
Does TPS lead to lawful permanent residence?
No. TPS is a temporary benefit that does not lead to lawful
permanent residence or confer any other immigration status. 8 U.S.C.
1254a, (f)(1), and (h). When a country's TPS designation is terminated,
TPS beneficiaries will maintain the same immigration status they held
prior to TPS (unless that status has since expired or been terminated),
or any other status they may have acquired while registered for TPS.
Accordingly, if an alien held no lawful immigration status prior to
being granted TPS and did not obtain any other status during the TPS
period, he or she will revert to unlawful status upon the termination
of the TPS designation. Once the Secretary determines that a TPS
designation should be terminated, aliens who had TPS under that
designation are expected to plan for their departure from the United
States.
May I apply for another immigration benefit while registered for TPS?
Yes. Registration for TPS does not prevent you from applying for
non-immigrant status, filing for adjustment of status based on an
immigrant petition, or applying for any other immigration benefit or
protection. 8 U.S.C. 1254a(a)(5). 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. See 8 U.S.C. 1254a(f)(4).
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. See 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii).
Does this extension allow nationals of Sudan (or aliens having no
nationality who last habitually resided in Sudan) who entered the
United States after October 7, 2004, to file for TPS?
No. An extension of a TPS designation does not change the required
dates of continuous residence and continuous physical presence in the
United States. This extension does not expand TPS eligibility to those
beyond the current TPS eligibility requirements of Sudan. To be
eligible for benefits under this extension, nationals of Sudan (or
aliens having no nationality who last habitually resided in Sudan) must
have continuously resided and been continuously physically present in
the United States since October 7, 2004, the date of the most recent
designation of Sudan for TPS.
Employment Authorization Document Extension Guidelines
Who is eligible to receive an automatic extension of his or her EAD
from May 2, 2007 to November 2, 2007?
To receive an automatic extension of an EAD, an individual must be
a national of Sudan (or an alien having no nationality who last
habitually resided in Sudan) who has applied for and received an EAD
under the designation of Sudan for TPS and who has not had TPS
withdrawn or denied. This automatic extension is limited to EADs issued
on Form I-766, Employment Authorization Document, bearing an expiration
date of May 2, 2007. The EAD must also be a Form I-766 bearing the
notation ``A-12'' or ``C-19'' on the face of the card under
``Category.''
If I am currently registered under the designation of Sudan for TPS and
am re-registering for TPS, how do I receive an extension of my EAD
after the automatic six-month extension?
TPS re-registrants will receive a notice in the mail with
instructions to appear at a USCIS Application Support Center (ASC) for
biometrics collection. When you report to the ASC, you must bring the
following documents: (1) Your receipt notice for your re-registration
application; (2) your ASC appointment notice; and (3) your current EAD.
If no further action is required for your case, you will receive a new
EAD, valid through November 2, 2008, through the mail. If your case
requires further resolution, USCIS will contact you in writing to
explain what additional information, if any, is necessary to resolve
your case. If your application is approved, you will receive a new EAD
in the mail with an expiration date of November 2, 2008.
May I request an interim EAD at my local District Office?
No. USCIS will not be issuing interim EADs to TPS applicants and
re-registrants at District Offices.
How may employers determine whether an EAD has been automatically
extended for six months through November 2, 2007, and is therefore
acceptable for completion of the Form I-9?
An EAD that has been automatically extended for six months by this
Notice through November 2, 2007, will actually contain an expiration
date of May 2, 2007, and must be a Form I-766 bearing the notation ``A-
12'' or ``C-19'' on the face of the card under ``Category.'' New EADs
or extension stickers showing the November 2, 2007, expiration date of
the six-month automatic extension will not be issued. Employers should
not request proof of Sudanese citizenship.
Employers should accept an EAD as a valid ``List A'' document and
not ask for additional I-9 documentation if presented with an EAD that
has been extended pursuant to this Federal Register Notice, and the EAD
reasonably appears on its face to be genuine and to relate to the
employee. This does not affect the right of an applicant for employment
or an employee to present any legally acceptable document as proof of
identity and eligibility for employment.
Note to Employers: Employers are reminded that the laws
requiring employment eligibility verification and prohibiting unfair
immigration-related employment practices remain in full force. This
Notice does not supersede or in any way limit applicable employment
verification rules and policy guidance, including those setting
forth re-verification requirements. See 8 CFR 274a.2(b)(1)(vii). For
questions, employers may call the USCIS Office of Business Liaison
Employer Hotline at 1-800-357-2099. Also, employers may call the
U.S. Department of Justice Office of Special Counsel for Immigration
Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-
255-8155 or 1-800-362-2735 (TDD). Employees or applicants may call
the OSC Employee Hotline at 1-800-255-7688 or 1-800-237-2515 (TDD)
for information regarding the automatic extension. Additional
information is available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html.
[[Page 10546]]
How may employers determine an employee's eligibility for employment
once the automatic extension has expired on November 2, 2007?
Eligible TPS aliens will possess an EAD with an expiration date of
November 2, 2008. The EAD will be a Form I-766 bearing the notation
``A-12'' or ``C-19'' on the face of the card under ``Category,'' and
should be accepted for the purposes of verifying identity and
employment authorization.
What documents may a qualified individual show to his or her employer
as proof of employment authorization and identity when completing Form
I-9, Employment Eligibility Verification?
During the first six months of this extension, qualified
individuals who have received a six-month automatic extension of their
EADs by virtue of this Federal Register Notice may present their TPS-
based EAD to their employer, as described above, as proof of identity
and employment authorization through November 2, 2007. To minimize
confusion over this extension at the time of hire or re-verification,
qualified individuals may also present a copy of this Federal Register
Notice regarding the automatic extension of employment authorization
documentation through November 2, 2007.
After the first six months of this extension, and continuing until
the end of the extension period, November 2, 2008, a qualified
individual may present their new EAD valid through November 2, 2008.
In the alternative, any legally acceptable document or combination
of documents listed in List A, List B, or List C of the Form I-9 may be
presented as proof of identity and employment eligibility.
[FR Doc. E7-4097 Filed 3-7-07; 8:45 am]
BILLING CODE 4410-10-P