[Federal Register: May 23, 2000 (Volume 65, Number 100)]
[Notices]
[Page 33356-33357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my00-102]
[[Page 33356]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2066-00; AG Order No. 2305-2000]
RIN 1115-AE26
Termination of the Province of Kosovo in the Republic of Serbia
in the State of the Federal Republic of Yugoslavia (Serbia-Montenegro)
Under the Temporary Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Attorney General's designation of the Province of Kosovo
in the Republic of Serbia in the State of the Federal Republic of
Yugoslavia (Serbia-Montenegro) (the ``Kosovo Province'') under the
Temporary Protected Status (TPS) program expires on June 8, 2000. After
reviewing county conditions and consulting with the appropriate
Government agencies, the Attorney General has determined that
conditions in the Kosovo Province no longer qualify for TPS
designation. However, because this determination was not made at least
60 days before the expiration date, the designation of the Kosovo
Province for TPS is automatically extended for a period of 6 months,
until December 8, 2000. The termination of the TPS designation of the
Kosovo Province will therefore take effect on December 8, 2000. After
that date, aliens who are nationals of the Kosovo Province (and aliens
having no nationality who last habitually resided in the Kosovo
Province) who have had TPS under the Kosovo Province designation will
no longer possess such status. This notice contains information
regarding the 6-month extension and subsequent termination of the TPS
designation for the Kosovo Province.
DATES: The termination of the TPS designation for the Kosovo Province
is extended until December 8, 2000. On December 8, 2000, the TPS
designation for the Kosovo Province will be terminated.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications
Officer, Office of Adjudications, Residence and Status Branch,
Immigration and Naturalization Service, Room 3040, 425 I Street, NW.,
Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is the Statutory Authority for the Designation and Termination
of TPS?
Under section 244 of the Immigration and Nationality Act (Act), 8
U.S.C. 1254a, the Attorney General is authorized to designate a foreign
state (or past of a state) for TPS. The Attorney General 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 Attorney General to review, at
least 60 days before the end of the period of TPS designation, the
conditions in a foreign state designated under section 244(b)(1) of the
Act. 8 U.S.C. 1254a(b)(3)(A).
Section 244(b)(3) of the Act further requires the Attorney General
to determine whether the conditions for such a designation continue to
be met and to terminate the state's designation when the Attorney
General determines the conditions are no longer met. 8 U.S.C.
1254a(b)(3)(B). The Attorney General must then publish a notice of
termination in the Federal Register. If the Attorney General fails to
make the determination required by section 244(b)(3)(A) of the Act at
least 60 days before the end of the period of designation, then the
designation is automatically extended for an additional period of 6
months. 8 U.S.C. 1254a(b)(3)(C).
Why Did the Attorney General Decide To Terminate TPS for the Kosovo
Province?
On June 8, 1999, the Attorney General published a notice
redesignating the Kosovo Province for TPS for a period of 1 year, based
upon conditions in the Kosovo Province at that time. 64 FR 30542 (June
8, 1999). That TPS designation is scheduled to expire on June 8, 2000.
Based upon a more recent review of conditions within the Kosovo
Province by the Departments of Justice and State, the Attorney General
finds that conditions in the Kosovo Province no longer support a TPS
designation. A Department of State memorandum concerning the Kosovo
Province states that ``[a]lthough conditions remain difficult with
bursts of ethnically-motivated violence, the situation in Kosovo cannot
now be classified as 'ongoing internal conflict.' Outright fighting
ended in June 1999 with the withdrawal of the Yugoslav army.'' The
memorandum also states that ``[t]he United Nations High Commissioner
for Refugees has determined that Kosovar Albanians, who constitute the
majority of the Kosovo population, can now return to Kosovo in safety
to all areas of Kosovo except the Serb-dominated Mitrovica and certain
areas in Eastern Kosovo. In addition, the vast majority of those who
fled Kosovo during the conflict returned during the summer and fall of
1999, shortly after the end of the international military presence
(KFOR).''
Based on these findings, the Attorney General has decided to
terminate the designation of the Kosovo Province for TPS. However,
because the Attorney General did not make this determination at least
60 days before the end of the current designation, the designation is
automatically extended pursuant to section 244(b)(3)(A) of the Act for
an additional 6 months. The termination will therefore take effect at
the end of the 6-month extension.
If I Currently Have TPS, How Do I Register for the 6-Month
Extension?
Persons previously granted TPS under the Kosovo Province program
may apply for the 6-month extension by filing the Form I-821,
Application for Temporary Protected Status, without the fee, during the
re-registration period that begins May 23, 2000 and ends June 22, 2000.
Additionally, those applying must file the Form I-765, Application for
Employment Authorization. See the chart below to determine whether or
not you must submit the $100 filing fee with the Form I-765.
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If Then
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You are applying for employment You must complete and file the
authorization through December 8, 2000. Form I-765, Application for
Employment Authorization, with
the $100 fee.
You already have employment You must complete and file the
authorization or do not require Form I-765 with no fee.
employment authorization.
You are applying for employment You must complete and file the
authorization and are requesting a fee Form I-765 and a fee waiver
waiver. request and requisite
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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[[Page 33357]]
To re-register for TPS, you must also include two identification
photographs (1\1/2\" x 1\1/2\").
Is Late Initial Registration Possible?
Yes, in addition to timely re-registration, late initial
registration is possible for some persons from the Kosovo Province
under 8 CFR 244.2(f)(2).
What Are the Requirements for Late Initial Registration?
To apply for late initial registration an applicant must:
<bullet> Be a national of the Kosovo Province (or a person who has
no nationality and who last habitually resided in the Kosovo Province);
<bullet> Have been continuously physically present in the United
States since June 8, 1999;
<bullet> Have continuously resided in the United States since June
8, 1999; and
<bullet> Be admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of the Act.
<bullet> Additionally, the applicant for late initial registration
must be able to demonstrate that, during the initial registration
period, he or she:
<bullet> Was a nonimmigrant, or was granted voluntary departure or
any relief from removal;
<bullet> Had an application for change of status, adjustment of
status, or any relief from removal pending or subject to further
review; or
<bullet> Was a parolee or had a pending request for reparole; or
<bullet> That the applicant is currently the spouse or child of an
alien currently eligible to be a TPS registrant.
An applicant for late initial registration must register no later
than 60 days from the expiration or termination of the qualifying
condition. 8 CFR 244.2(g).
Where Should I File for an Extension of TPS?
You may register for the extension of TPS by submitting an
application and accompanying materials to the Immigration and
Naturalization Service's local office that has jurisdiction over your
place of residence.
When Can I File for an Extension of TPS?
The 30-day re-registration period begins May 23, 2000, and will
remain in effect until June 22, 2000.
What Can I Do If I Feel That My Return to the Kosovo Province Is
Unsafe?
There may be other avenues of immigration relief available to
aliens who are nationals of the Kosovo Province (and aliens having no
nationality who last habitually resided in the Kosovo Province) in the
United States who believe that their particular circumstances make
return to the Kosovo Province unsafe. Such avenues may include, but are
not limited to, asylum or withholding of removal.
How Does the Termination of TPS Affect Former TPS Beneficiaries?
After the designation of the Kosovo Province for TPS is terminated
on December 8, 2000, those aliens who are nationals of the Kosovo
Province (and aliens having no nationality who last habitually resided
in the Kosovo Province) will revert back to the immigration status they
had prior to TPS, unless they have been granted another immigration
status. The stay of removal and eligibility for employment
authorization due to the designation of the Kosovo Province under the
TPS program will no longer be available. However, the termination of
the TPS designation for the Kosovo Province will not affect any pending
applications for other forms of immigration relief.
Those persons who received TPS under the Kosovo Province
designation may being accruing periods of unlawful presence as of
December 8, 2000, if they have not been granted any other immigration
benefit or have no application for such a benefit pending. Aliens who
accrue certain periods of unlawful presence in the United States may be
barred from admission to the United States under section
212(a)(9)(B)(i) of the Act. See 8 U.S.C. 1182(a)(9)(B)(i).
Notice of 6-Month Extension and Termination of Designation of
Kosovo Province Under the TPS Program
By the authority vested in me as Attorney General under section
244(b)(3) of the Act, I have consulted with the appropriate agencies of
Government concerning conflict and security conditions in the Kosovo
Province. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have
determined that the Kosovo Province no longer meets the conditions for
designation of TPS under section 244(b)(1) of the Act. See 8 U.S.C.
1254a(b)(1).
Since June 10, 1999, when Serb forces withdrew from northern Kosovo
and the North Atlantic Treaty Organization suspended its airstrikes,
the Kosovo Province has been relatively peaceful, with the exception of
occasional isolated outbreaks of violence. An international police
force has assumed law enforcement duties and began recruiting Kosovars
for local police forces.
I also understand that, although the Kosovo Province is still
rebuilding from the war, the return of persons to the Kosovo Province
would not result in a danger to their personal safety. The United
Nations (UN) is planning to phase out its relief efforts and begin
concentrating on rebuilding housing by mid-year. The UN also plans to
end its emergency shelter program. Since summer 1999, nearly 90 percent
of the over 850,000 ethnic Albanians who fled the Kosovo Province have
returned, including over 3,000 from the United States. In view of the
recommendations of the Departments of Justice and State for
termination, I terminate the designation of the Kosovo Province under
the TPS program. However, because I did not make this determination at
least 60 days before the expiration of the designation, the designation
is automatically extended for 6 months, until December 8, 2000.
Accordingly, I order as follows:
(1) The designation of the Kosovo Province for TPS under section
244(b)(1) of the Act is terminated effective December 8, 2000.
(2) I estimate that there are no more than 1,000 nationals of the
Kosovo Province (and aliens having no nationality who last habitually
resided in the Kosovo Province) who have been previously granted TPS.
(3) Information concerning the termination of the TPS program for
nationals of the Kosovo Province (and aliens having no nationality who
last habitually resided in the Kosovo Province) will be available at
local Immigration and Naturalization Service (INS) offices upon
publication of this notice or at the INS website, http://
www.ins.usdoj.gov.
Dated: May 16, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-12856 Filed 5-22-00; 8:45 am]