[Federal Register: March 20, 2000 (Volume 65, Number 54)]
[Notices]
[Page 15016-15018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr00-147]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2043-00; AG Order No. 2292-2000]
RIN 1115-AE26
Six-Month Extension and Termination of Designation of Guinea-
Bissau 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 Guinea-Bissau under the
Temporary Protected Status program (TPS) expires on March 10, 2000.
After reviewing country conditions and consulting with the appropriate
Government agencies, the Attorney General has determined that
conditions in Guinea-Bissau no longer support a TPS designation.
However, because this determination was not made at least 60 days
before the termination date, the designation of Guinea-Bissau for TPS
was automatically extended by statute for 6 months, until September 10,
2000. The termination will therefore take effect on September 10, 2000.
After that date, aliens who are nationals of Guinea-Bissau (and aliens
having no nationality who last habitually resided in Guinea-Bissau) who
have had TPS will no longer have such status. This notice contains
information regarding the 6-month extension and subsequent termination
of the TPS designation for Guinea-Bissau.
DATES: The TPS designation for Guinea-Bissau is extended until
September 10, 2000. On September 10, 2000 the TPS designation for
Guinea-Bissau will be terminated.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, 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, Extension, and
Termination of a TPS Designation?
Under section 244 of the Immigration and Nationality Act (the Act),
8 U.S.C. 1254a, the Attorney General is authorized to designate a
foreign state (or part of a state) for TPS. The Attorney General must
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
[[Page 15017]]
Attorney General to review, at least 60 days before the end of the 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)(B) of the Act further requires the Attorney
General to terminate the state's designation when the Attorney General
determines 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 prior to the end of the initial 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 Guinea-
Bissau?
On March 11, 1999, the Attorney General published a notice in the
Federal Register designating Guinea-Bissau for TPS for a period of 1
year, based upon conditions in Guinea-Bissau at that time. That TPS
designation is scheduled to expire on March 10, 2000. 64 FR 12181 (Mar.
11, 1999).
Based upon a more recent review of conditions within Guinea-Bissau
by the Departments of Justice and State, the Attorney General finds
that conditions no longer support a TPS designation. The Department of
State recommendation concerning Guinea-Bissau states that: ``Since the
military junta ousted President Vieira in May [1999], conditions within
Guinea Bissau have been relatively stable although the country is in
sever economic distress. In late November, the interim civilian
government successfully carried out the first round of multi-party
elections.'' The recommendation also states: ``We estimate that some
85% of the 10,000 refugees who were in Senegal and Guinea have all now
returned as have those who were internally displaced out of the capitol
[sic]. Given the high volume of returns and the relative civic
stability evidenced by the successful and peaceful elections, it
appears that Guinea Bissauans can return in safety.''
Based on these findings, the Attorney General has decided to
terminate the designation of Guinea-Bissau for TPS. However, since the
Attorney General did not make this determination at least 60 days
before the end of the current designation, the designation is
automatically extended by statute for an additional 6 months. The
termination will therefore take effect at the end of this 6-month
extension.
If I Currently Have TPS, How Do I Register for the 6-Month
Extension?
Persons previously granted TPS under the Guinea-Bissau program may
apply for the 6-month extension by filing a Form I-821, Application for
Temporary Protected Status, without the fee, during the re-registration
period that begins March 20, 2000 and ends April 19, 2000.
Additionally, you must file a 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
authorization through September 10, 2000.. the Form I-765, Application
for Employment
Authorization, with the
$100 fee.
You already have employment authorization You must complete and file
or do not require employment the Form I-765, Application
authorization.. for Employment
Authorization, with no fee.
'
You are applying for employment You must complete and file
authorization and are requesting a fee the Form I-765, a fee
waiver.. waiver request, and the
requisite affidavit (and
any other information) in
accordance with 8 CFR
244.20.
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To re-register for TPS, you must also include two identification
photographs (1\1/2\'' x 1\1/2\'').
Is Late Registration Possible?
Yes. In addition to timely re-registration, late initial
registration is possible for some persons from Guinea-Bissau under 8
CFR 244.2(f)(2). To apply for late initial registration an applicant
must:
(1) Be a national of Guinea-Bissau (or an alien having no
nationality who last habitually resided in Guinea-Bissau),
(2) Have been continuously physically present in the United States
since March 11, 1999.
(3) Have continuously resided in the United States since March 11,
1999, and
(4) Be 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 March 11, 1999, through
March 10, 2000, he or she:
(1) Was a nonimmigrant, or was granted voluntary departure or any
relief from removal,
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal pending or
subject to further review,
(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 register no later
than 60 days from the expiration or termination of the qualifying
condition.
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.
Where Can I File for and Extension of TPS?
The 30-day-re-registration period begins March 20, 2000, and will
remain in effect until April, 19, 2000.
What Can I Do if I Feel That My Return to Guinea-Bissau Is Unsafe?
This notice terminates the designation of Guinea-Bissau under the
TPS program. There may be avenues of immigration relief available to
aliens who are nationals of Guinea-Bissau (and aliens having no
nationality who last habitually resided in Guinea-Bissau) in the United
States who believe that their particular circumstances make return to
Guinea-Bissau 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 Guinea-Bissau for TPS is terminated on
September 10, 2000, those aliens who are nationals of Guinea-Bissau
(and aliens having no nationality who last habitually resided in
Guinea-Bissau) 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 Guinea-Bissau under the TPS program will no longer
be available. However, the termination of the TPS designation for
Guinea-Bissau will not affect any pending applications for other forms
of immigration relief.
[[Page 15018]]
Those persons who received TPS under the Guinea-Bissauan
designation may begin accruing unlawful presence as to September 10,
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
Guinea-Bissau 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 Guinea-
Bissau. 8 U.S.C. 1254a(b)(3). Based on these consultations, I have
determined that Guinea-Bissau no longer meets the conditions for
designation of TPS under section 244(b)(1) of the Act. see U.S.C.
1254a(b)(1).
Guinea-Bissau has been relatively stable since May 1999, and during
that time, no general conflict has occurred. I also understand that,
even though the country is experiencing economic difficulties, the
return of persons to Guinea-Bissau would not result in a danger to
their personal safety. In view of the recommendations of the
Departments of Justice and State for termination, I terminate the
designation of Guinea-Bissau under the TPS program. However, since I
did not make this determination at least 60 days prior to the
expiration of the designation, the designation is automatically
extended for 6 months, until September 10, 2000. The TPS designation
for Guinea-Bissau will terminate on September 10, 2000.
Accordingly, I order as follows:
(1) The designation of Guinea-Bissau for TPS under section 244(b)
of the Act is terminated effective September 10, 2000.
(2) I estimate that there are approximately 400 nationals of
Guinea-Bissau (and aliens having no nationality who last habitually in
Guinea-Bissau) who have been previously granted TPS.
(3) Information concerning the termination of the TPS program for
nationals of Guinea-Bissau (and aliens having no nationality who last
habitually resided in Guinea-Bissau) will be available at local Service
offices, or at the Service website, located at http://
www.ins.usdoj.gov, upon publication of this notice.
Dated: March 14, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-6750 Filed 3-17-00; 8:45 am]