Somalia Re-Designated for TPS

[Federal Register: September 4, 2001 (Volume 66, Number 171)]
[Notices]
[Page 46288-46290]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se01-62]

[[Page 46288]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 2151-01; AG Order No. 2506-2001]
RIN 1115-AE26

Extension and Re-designation of Somalia under Temporary Protected Status Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: On September 16, 1991, the Attorney General designated Somalia
under the Temporary Protected Status (TPS) program for a 12-month
period that expired on September 16, 1992. That initial designation
allowed eligible nationals of Somalia (and aliens having no nationality
who last habitually resided in Somalia) who had continuously resided in
the United States since September 16, 1991, to apply for TPS. That
initial designation has been extended each subsequent year. Presently,
TPS for Somalia is scheduled to expire on September 17, 2001.
This notice extends the TPS designation for Somalia for another 12-
month period (until September 17, 2002) and sets forth the procedures
by which nationals of Somalia (and aliens having no nationality who
last habitually resided in Somalia) who previously registered for TPS
may re-register for the TPS program.
This notice also redesignates Somalia under the TPS program,
thereby expanding TPS eligibility to include nationals of Somalia (and
aliens having no nationality who last habitually resided in Somalia)
who, among other requirements described in this notice, have been
``continuously physically present in the United States'' since
September 4, 2001.

EFFECTIVE DATES:
Extension of designation and re-registration. The extension of
Somalia's TPS designation is effective September 17, 2001, and will
remain in effect until September 17, 2002. Nationals of Somalia (and
aliens having no nationality who last habitually resided in Somalia)
who are currently registered under the TPS program must re-register
during the 90-day period from September 4, 2001 until December 3, 2001.
Re-designation. The re-designation of Somalia under the TPS program
is effective September 4, 2001 and will remain in effect until
September 17, 2002. The registration period for TPS under the
re-designation begins on September 4, 2001 and will remain in effect
until September 17, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Peters, Program Analyst,
Residence and Status Services, Adjudications Division, Immigration and
Naturalization Service, 425 I Street, NW, Room 3040, Washington, DC
20536, telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

What is the statutory authority for the Attorney General to extend
Somalia's TPS designation under the TPS program?

Section 244(b)(3)(A) of the Immigration and Nationality Act (Act)
states that at least 60 days before the end of a designation, or any
extension thereof, the Attorney General must review conditions in the
foreign state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine under this
section that the foreign state no longer meets the conditions for
designation, the period of designation is automatically extended for 6
months pursuant to section 244(b)(3)(C) of the Act. 8 U.S.C.
1254a(b)(3)(C). The period of designation may, however, be extended for
a period of 12 or 18 months at the Attorney General's discretion.
8 U.S.C. 1254a(b)(3)(C). Such an extension makes TPS available only to
persons who have been continuously physically present in, and who have
continuously resided in, the United States from the effective date of
the initial designation, in this case, since September 16, 1991.

What is the statutory authority for the Attorney General to re-designate
Somalia for TPS?

Section 244 of the Act implicitly authorizes the Attorney General
to re-designate a foreign state (or part of such foreign state) under
the TPS program. Whereas extension of an existing TPS designation
extends benefits only to those who previously registered for TPS under
the earlier designation, re-designation broadens the potential class of
TPS beneficiaries. Re-designation expands TPS eligibility to include
both those who were present in the United States before the effective
date of the earlier designation but failed to register during the
earlier designation period and those who arrived in the United States
after the effective date of the earlier designation, but on or before,
the effective date of the re-designation. 8 U.S.C. 1254a(c)(1)(A).

Why did the Attorney General decide both to extend Somalia's
designation and to re-designate Somalia under the TPS program?

On September 16, 1991, the Attorney General designated Somalia
under the TPS program. Since that time, the Attorney General and the
Department of State have continuously examined conditions in Somalia. A
recent Department of State report on conditions in Somalia found that
``open conflict remains a fact of life in southern Somalia, where
numerous actors compete for land and power. While northern regions of
Somalia are relatively stable and peaceful, their security is
jeopardized by the instability in the South.'' The report further
states that ``the current security situation in southern Somalia
makes the return of Somalis from the United States dangerous. Major
regions of the country are under the control of bandits and the
population is beyond the reach of the rule of law. The country's
nascent 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. Somalis within the country rely on family
connections and collective security for survival. New arrivals, outside
this network, would be vulnerable in the extreme.''
The Resource Information Center of the Immigration and
Naturalization Service (Service) recently prepared a report that
concludes that ``fighting occurred in Mogadishu this March on the
largest scale in years. Gunmen continue to ambush civilians and
political figures alike.'' According to the report, ``kidnappings
occur frequently, and with no functioning government-wide judicial
system crimes are often ignored. Drought, malnutrition, and cholera
continue to ravage the country.''
Based on these findings, the Attorney General has determined that
conditions in Somalia warrant both the extension and re-designation of
Somalia under the TPS program. This order will extend TPS for those
nationals of Somalia (and aliens having no nationality who last
habitually resided in Somalia) who registered under the initial
designation of TPS, while also opening the program to both those who
failed to register during the initial designation period and those who
arrived in the United States after the effective date of the earlier
designation, but on or before the effective date of re-designation. 8
U.S.C. 1254a(c)(1)(A).

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If I currently have TPS through the Somalia TPS program, do I still
need to reregister for TPS?

Yes. If you currently have TPS through the Somalia TPS program,
your status will expire on September 17, 2001. Accordingly, you must
reregister for TPS in order to maintain your status through September
17, 2002. See the re-registration instructions below.

If I am currently registered for TPS, how do I reregister 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 the
following: (1) A Form I-821, without the $50 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 Chart 1 below to determine whether you must submit the $100
filing fee with a Form I-765. Children who are beneficiaries of TPS
and who have reached the age of 14, but who were not previously
fingerprinted, must pay the $25 fingerprint fee upon their next
application for extension.

Chart 1.--Filing Fee for Form I-765 Under TPS Extension
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If Then
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You are applying for employment You must complete and file:
authorization through September 17, Form I-765, Application for
2002. Employment Authorization, with
the $100 filing fee.
You already have employment You must complete and file:
authorization or do not require (1) Form I-765, with no filing
employment authorization. fee.
You are applying for employment You must complete and file:
authorization and are requesting a fee (1) Fee waiver request and
waiver. affidavit (and any other
information) in accordance
with 8 CFR 244.20, and
(2) Form I-765, with no fee.
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Submit the completed forms and applicable fee, if any, to the
Immigration and Naturalization Service district office having
jurisdiction over your place of residence during the 90-day
re-registration period that begins on September 4, 2001 and ends on
December 3, 2001 (inclusive of such end date).
If you fail to reregister during the 90-day re-registration period,
you may apply for TPS under the re-designation, as described below.

If I am not currently registered for TPS, how do I register under the
re-designation?

Applicants who are not currently registered for TPS may register
under the re-designation by submitting:
(1) A Form I-821, Application for Temporary Protected Status, with
the $50 processing fee or a request for a fee waiver;
(2) A Form I-765, Application for Employment Authorization;
(3) Two identification photographs (1\1/2\ x 1\1/2\ inches);
(4) Supporting evidence, as provided in 8 CFR 244.9 (describing
evidence necessary to establish eligibility for TPS benefits); and
(5) For every applicant who is 14 years of age or older, a $25
fingerprint fee. 8 CFR 244.6.
Although a complete application must include the fingerprint fee
for every applicant who is 14 years of age or older, applicants should
not submit a completed fingerprint card (FD-258, Applicant Card) with
the application package. The application will be accepted without the
fingerprint card attached. After the Service receives the application,
the Service will mail an appointment letter with instructions to appear
for fingerprinting at a Service-authorized site. See Chart 2 below to
determine what fees must be submitted with the application package and
to obtain information on requesting a fee waiver(s).
Submit the completed forms and applicable fees to the Service
district office having jurisdiction over your place of residence during
the registration period that begins September 4, 2001 and ends
September 17, 2002 (inclusive of such end date).

Chart 2.--Filing Fees for Form I-821 and Form I-765 Under TPS Re-
Designation
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If Then
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You are applying for TPS and employment You must complete and file:
authorization through September 17, (1) Form I-821, Application for
2002. Temporary Protected Status,
with fee ($50).
(2) Form I-765, Application for
Employment Authorization, with
fee ($100), and
(3) Fingerprint fee ($25).
You already have employment You must complete and file:
authorization or do not require (1) Form I-821, with fee ($50).
employment authorization. (2) Form I-765, with no fee,
and
(3) Fingerprint fee ($25).
You are applying for TPS and employment You must complete and file:
authorization and are requesting a fee (1) Fee waiver request and
waiver for the Form I-821 fee ($50), affidavit (and any other
or Form I-765 fee ($100). information) in accordance
with 8 CFR 244.20,
(2) Form I-821, with no fee,
(3) Form I-765, with no fee,
and
(4) Fingerprint fee ($25).
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What are the requirements for nationals of Somalia (or persons who have
no nationality and who last habitually resided in Somalia) to
demonstrate that they have been ``continuously physically present'' and
have ``continuously resided'' in the United States?

All applicants for TPS must demonstrate that they have been
``continuously physically present,'' and have ``continuously resided,''
in the United States since September 4, 2001. ``Continuously physically
present'' means actual physical presence in the United States for the
entire period specified. An applicant shall not be considered to have
failed to maintain continuous physical presence in the United States by
virtue of brief, casual, and innocent absence's, as the phrase is
defined in 8 CFR 244.1. ``Continuously resided'' means residing in the
United States for the entire period specified. An applicant will not be
considered to have failed to maintain continuous residence in the
United States by reason of a brief, casual, and innocent absence or due
merely to a brief, temporary trip abroad required by emergency or
extenuating circumstances outside the control of the applicant.
For new applicants who seek to register for the first time under
the re-designation of Somalia for TPS, 8 CFR 244.9 provides a non-
exhaustive list of documents that applicants may use to demonstrate
their identity, nationality, and residency.
For those individuals who previously registered for TPS and who
seek to reregister under the extension of TPS for Somalia, completing
the block on the Form I-821 attesting to the continued maintenance of
the conditions of eligibility will generally preclude the need for
supporting documents or evidence. The Service, however, reserves the
right to request additional information and/or documentation on a case-
by-case basis.

Notice of Extension of Designation and Re-Designation of Somalia
Under the TPS Program

By the authority vested in me as Attorney General under section 244
of the Act, and as required by sections 244(b)(3)(A) and (C), and
244(b)(1) of the Act, I have consulted with the appropriate government
agencies concerning the redesignation of Somalia under the TPS program
and the extension of that state's current TPS designation. Based on
these consultations, I find the following:

(1) There exist extraordinary and temporary conditions in Somalia
that prevent aliens who are nationals of Somalia (and aliens having no
nationality who last habitually resided in Somalia) from returning to
Somalia in safety; and

(2) Permitting nationals of Somalia (and aliens having no
nationality who last habitually resided in Somalia) to remain
temporarily in the United States is not contrary to the national
interest of the United State. 8 U.S.C. 1254a(b)(1)(C).
Accordingly, I order as follows:

(1) The designation of Somalia is extended for the 12-month period
spanning from September 17, 2001, to September 17, 2002. 8 U.S.C.
1254a(b)(3)(A) and (C). Nationals of Somalia (and aliens having no
nationally who last habitually resided in Somalia) who received TPS
during the initial designation period may apply for an extension of TPS
during the 90-day reregistration period from September 4, and December
3, 2001.

(2) Somalia is redesignated for TPS for the period effective from
September 4, 2001 until September 17, 2002. 8 U.S.C. 1254a(b) (2).
Nationals of Somalia (and aliens having no nationality who last
habitually resided in Somalia) who have been ``continuously physically
present'' and have ``continuously resided'' in the United States on or
before September 4, 2001 may apply for TPS within the registration
period, which begins September 4, 2001 and ends on September 17, 2002
(inclusive of such end date).

(3) I estimate that there are approximately 300 nationals of
Somalia (or aliens who have no nationality and who last habitually
resided in Somalia) who were granted TPS and are eligible for
reregistration, and no more than 7,000 nationals of Somalia (or aliens
who have no nationality and who last habitually resided in Somalia) who
are not currently registered for TPS, but who are eligible for TPS
under this re-designation.

(4) In order to maintain TPS, a national of Somalia (or an alien
having no nationality who last habitually resided in Somalia) who is
currently registered for TPS must reregister by filing the Form I-821,
together with the Form I-765, and two identification photographs (1\1/
2\ inches by 1\1/2\ inches) within the 90-day period beginning
September 4, 2001 and ending on December 3, 2001 (inclusive of such end
date). There is no fee for a Form I-821 filed as part of the
reregistration application. A Form I-765 must be filed with the Form I-
821. If the applicant requests employment authorization, he or she must
submit $100 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 the Form I-765 along
with the Form I-821, but is not required to submit the fee. The $25
fingerprint fee is required only for children who are beneficiaries of
TPS who have reached the age of 14 but were not previously
fingerprinted.

(5) A national of Somalia (or an alien having no nationality who
last habitually resided in Somalia) applying for TPS under the
re-designation must file the Form I-821, Form I-765, two identification
photographs (1\1/2\ inches by 1\1/2\ inches), and all supporting
evidence within the period beginning September 4, 2001 and ending on
September 17, 2002. A $50 fee must accompany the Form I-821. If the
applicant requests employment authorization, he or she must submit a
$100 fee with the Form I-765. A $25 fingerprinting fee must also be
submitted for every applicant who is 14 years of age or older. An
applicant who does not request employment authorization must
nonetheless file the Form I-765 along with the Form I-821, but is not
required to submit the $100 fee for the Form I-765. The applicant may
request a waiver of the fee(s) in accordance with 8 CFR 244.20.

(6) Pursuant to section 244(b) (3) (A) of the act, I will review,
at least 60 days before September 17, 2002, the designation of Somalia
under the TPS program to determine whether the conditions for
designation continue to be met.

(7) Information concerning the extension and re-designation of
Somalia under the TPS program will be available upon publication of
this notice at local Service offices and on the Service website at
http://www.ins.usdoj.gov.

Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22152 Filed 8-31-01; 8:45 am]