[Federal Register Volume 67, Number 190 (Tuesday, October 1, 2002)]
[Notices]
[Pages 61664-61667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24992]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2235-02; AG Order No. 2616-2002]
RIN 1115-AE26
Designation of Liberia Under the Temporary Protected Status
Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The Attorney General is authorized to grant Temporary
Protected Status (TPS) in the United States to eligible nationals of
designated foreign
[[Page 61665]]
states or parts thereof upon a finding that such states are
experiencing ongoing armed conflict, environmental disaster, or
extraordinary and temporary conditions. Due to the ongoing armed
conflict in Liberia, which prevents the safe return of Liberian
nationals to that country, the Attorney General is designating Liberia
for the TPS program for a period of 12 months, until October 1, 2003.
This notice provides information regarding eligibility and application
procedures.
DATES: This designation is effective on October 1, 2002, and will
remain in effect until October 1, 2003. The registration period
commences on October 1, 2002, and closes on April 1, 2003 (inclusive of
such end date).
FOR FURTHER INFORMATION CONTACT: Pearl Chang, Office of Adjudications,
Immigration and Naturalization Service, 425 I Street, NW., Room 3040,
Washington, DC 20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Is Temporary Protected Status?
Under section 244 of the Immigration and Nationality Act (the Act),
8 U.S.C. 1254, the Attorney General is authorized to grant Temporary
Protected Status in the United States to eligible nationals of
designated foreign states or parts thereof. The Attorney General may
designate a state or parts thereof upon a finding that such states are
experiencing ongoing armed conflict, environmental disaster, or
extraordinary and temporary conditions. 8 U.S.C. 1254(b)(1).
Why Did the Attorney General Decide To Designate Liberia Under the TPS
Program?
Based on a thorough review by the Departments of State and Justice,
the Attorney General finds that there is an ongoing armed conflict in
Liberia, and that requiring the return of aliens who are nationals of
Liberia (as well as aliens having no nationality who last habitually
resided in Liberia) would pose a serious risk to their personal safety.
A Department of State memorandum on Liberia states that ``[f]ighting
between government forces and the Liberians United for Reconciliation
and Democracy (LURD) rebels has intensified gradually over the last two
years. * * * Fighting and instability have spread to six of Liberia's
15 counties. The fighting has forced thousands of civilians to flee,
both internally and to neighboring countries. Since January 2002,
approximately 75,000 Liberians have fled to Guinea, Ivory Coast, and
Sierra Leone. At least 120,000 Liberians have been internally displaced
over the past year, in many cases repeatedly. In addition, government
and rebel forces continue to commit serious human rights abuses,
including extra-judicial killings, abductions, torture, beatings, and
rape.'' State Department memorandum (September 5, 2002). The Department
of State concludes that the return of nationals of Liberia to that
country would pose a serious threat to their personal safety:
``Civilians are directly threatened by fighting between government and
rebel forces, including heavy artillery shelling and small arms fire,
as well as human rights abuses. At the same time, civilians suffer
increasingly from deteriorating humanitarian conditions related to the
fighting, and several areas of the country are inaccessible to relief
organizations. Liberia's vital services, such as food, water/
sanitation, shelter and health, are on the verge of collapse.'' Id.
Likewise, the Resource Information Center of the Immigration and
Naturalization Service (Service or INS) assessed conditions in Liberia
and found deteriorating security, human rights, and humanitarian
situation in Liberia, thereby concluding that ``* * * conditions are
not favorable for the safe return of Liberian nationals to Liberia at
this time due to ongoing armed conflict which has resulted in political
instability, human rights violations against perceived opponents and
LURD sympathizers, insecurity leading to widespread displacement, both
internally and externally, of the Liberian population, and the
resulting humanitarian crisis resulting from this situation.'' INS
Resource Information Center Report (September 10, 2002).
Based on these findings, the Attorney General has determined that
there is an ongoing armed conflict in Liberia and, due to such
conflict, requiring the return of Liberian nationals to Liberia would
pose a serious threat to their personal safety. 8 U.S.C.
1254a(b)(1)(A). The Attorney General further finds that permitting such
aliens to remain temporarily in the United States is not contrary to
the national interest of the United States.
Who Is Eligible for TPS Under This Designation?
To be eligible for TPS under this designation, an alien must:
[sbull] Be a national of Liberia (or an alien having no nationality
who last habitually resided in Liberia);
[sbull] Have been continuously physically present in the United
States since October 1, 2002.
[sbull] Have continuously resided in the United States since
October 1, 2002.
[sbull] Be admissible as an immigrant except as provided under
section 244(c)(2)(A) of the Act, and not be ineligible for TPS under
section 244(c)(2)(B) of the Act; and must
[sbull] Apply for TPS within the registration period which begins
on October 1, 2002, and ends on April 1, 2003.
How Do I Register for TPS?
During the registration period that runs from October 1, 2002,
through April 1, 2003, applicants for TPS must submit the following
materials to the INS District Office that has jurisdiction over your
place of residence:
[sbull] Form I-821, Application for Temporary Protected Status;
[sbull] Form I-765, Application for Employment Authorization;
[sbull] Two identification photographs (1\1/2\ inches x 1\1/2\
inches);
[sbull] Supporting evidence of identity, nationality, and proof of
residence, as provided in the regulations at 8 CFR 244.9; and
[sbull] All applicable fees, as discussed immediately below.
Fees
[sbull] Each applicant must submit a $50 fee with the Form I-821.
[sbull] Each applicant who is 14 years of age or older must also
submit a $50 fingerprint fee.
The chart below contains information regarding payment of the $120
fee for Form I-765:
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If Then
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You are applying for an Employment You must submit Form I-765 with the $120 fee.
Authorization Document valid through
October 1, 2003.
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You already have an Employment Authorization You must submit Form I-765 with no fee.
Document or do not require such a document.
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[[Page 61666]]
Employment Authorization Documentation
An applicant who seeks employment authorization documentation must
submit Form I-765 with the $120 fee. An applicant who does not seek
employment authorization documentation does not need to submit the $120
fee, but must still complete and submit Form I-765 for data gathering
purposes.
Fee Waiver
Applicants may request that certain fees be waived, in accordance
with the regulations at 8 CFR 244.20.
Fingerprints
While a complete TPS application package must include the $50
fingerprint fee for every applicant who is 14 years of age or older,
applicants should NOT submit a completed fingerprint card (FD-258,
Application Card) with the TPS application package. Upon receipt of the
TPS application package, the Service will mail the applicant an
appointment letter with instructions to appear for fingerprinting at a
Service-authorized Application Support Center (ASC).
Should I Register for TPS If I Currently Receive Deferred Enforced
Departure (DED) Benefits?
Many Liberians who have resided in the United States since
September 29, 2001, have received benefits under a presidential
directive authorizing Deferred Enforced Departure (DED), a temporary
protection measure. On September 29, 2002, the Liberian DED directive
expires, as do all employment authorization documents (EADs) issued to
Liberians pursuant to that directive. Liberians who have no other
lawful immigration status, but who wish to remain and work in the
United States after September 29, 2002, should apply for TPS benefits
in the manner described below.
What Is Late Initial Registration?
Certain Liberian nationals may be eligible to apply for TPS
subsequent to the initial registration period if, at the time of the
initial registration period, they: (1) Are nonimmigrants; (2) have been
granted voluntary departure status or any relief from removal; (3) have
an application for change of status, adjustment of status, asylum,
voluntary departure, or any relief from removal that is pending or
subject to further review or appeal; (4) are parolees or have a pending
request for parole; or (5) are the spouse or child of an alien
currently eligible to be a TPS registrant. An applicant for late
initial registration must register within a 60-day period immediately
following the expiration or termination of one of the conditions
described in items (1) through (5) of this paragraph. 8 CFR
244.2(f)(2), and (g).
Does Applying for TPS Affect an Application for Asylum or Any Other
Immigration Benefit?
No. Any national of Liberia who has already applied for, or plans
to apply for, any other immigration benefit or protection, may also
apply for TPS. An application for TPS does not preclude or adversely
affect an application for any other immigration benefit. Similarly,
denial of an application for asylum or any other immigration benefit
does not affect an alien's ability to register for TPS, although the
grounds of denial of that application may also lead to denial of TPS.
For example, an alien who has been convicted of an aggravated felony is
not eligible for asylum or TPS.
What Happens When This TPS Designation Expires on October 1, 2003?
At least 60 days before this TPS designation expires on October 1,
2003, the Attorney General will review conditions in Liberia and
determine whether the conditions that warranted designation of Liberia
under the TPS program continue to exist. 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.
If the initial TPS designation is extended at that time, an alien
who has received TPS benefits must re-register under the extension in
order to maintain TPS benefits. If, however, the Attorney General
terminates the TPS designation, TPS beneficiaries will return to the
same immigration status they maintained before TPS (unless that status
had since expired or been terminated) or to any other status they may
have acquired while registered for TPS. Accordingly, if an alien had no
lawful immigration status prior to receiving TPS and did not obtain any
status during the TPS period, he or she will revert to that unlawful
status upon termination of the TPS designation.
Notice of Designation of Liberia Under the Temporary Protected Status
Program
By the authority vested in me as Attorney General under section 244
of the Immigration and Nationality Act, as amended (8 U.S.C. 1254a), I
find, after consultation with the appropriate agencies of the
government, that:
(1) There is an ongoing armed conflict within Liberia and, due to
such conflict, requiring the return of aliens who are nationals of
Liberia (as well as aliens having no nationality who last habitually
resided in Liberia) would pose a serious threat to their personal
safety; and
(2) Permitting nationals of Liberia (or aliens having no
nationality who last habitually resided in Liberia) to remain
temporarily in the United States is not contrary to the national
interest of the United States.
Accordingly, I order as follows:
(1) Liberia is designated under the TPS program, pursuant to
section 244(b)(1)(A) of the Act. Nationals of Liberia (or aliens having
no nationality who last habitually resided in Liberia) who have been
``continuously physically present'' and have ``continuously resided''
in the United States since October 1, 2002, may apply for TPS within
the registration period, which begins on October 1, 2002, and ends on
April 1, 2003.
(2) I estimate that there are approximately 15,000 to 20,000
nationals of Liberia (or aliens having no nationality who last
habitually resided in Liberia) in the United States who are eligible
for TPS.
(3) Except as specifically provided in this notice, TPS
applications must be filed pursuant to the provisions of 8 CFR part
244. Persons who wish to apply for TPS must file: (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 x 1\1/2\ inches); (4) supporting evidence of identity,
nationality, and proof of residence, as provided in the regulations at
8 CFR 244.9; and (5) all applicable fees.
(4) A $50 fee must accompany each Form I-821. Each applicant who is
14 years of age or older must also submit a $50 fingerprint fee. An
applicant who seeks employment authorization documentation must submit
a $120 fee with Form I-765. An applicant who does not seek employment
authorization documentation does not need to submit the $120 fee, but
must still complete and submit Form I-765 for data-gathering purposes.
Applicants may request certain fee waivers in accordance with 8 CFR
244.20.
(5) At least 60 days before the expiration of the initial period of
designation on October 1, 2003, and after consultation with appropriate
agencies of the government, the Attorney General will review conditions
in Liberia and determine whether the conditions that warranted TPS
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that
[[Page 61667]]
determination, including the basis for the determination, will be
published in the Federal Register.
(6) Information concerning the TPS program for nationals of Liberia
(or aliens having no nationality who last habitually resided in
Liberia) will be available on the Service Web site, located at http://
www.ins.usdoj.gov, from the INS National Customer Service Center at (1-
800-375-5283) (TTY: 1-800-767-1833), and at local Service offices upon
publication of this notice.
Dated: September 26, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-24992 Filed 9-27-02; 11:45 am]
BILLING CODE 4410-10-P
