[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Notices]
[Pages 51958-51959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26033]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1953-98; AG Order No. 2181-98]
RIN 1115-AE26
Redesignation of Liberia Under Temporary Protected Status Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice redesignates Liberia under the Temporary Protected
Status (TPS) program in accordance with section 244(b)(1) of the
Immigration and Nationality Act, as amended (the Act). This notice also
describes the procedures with which eligible aliens who are nationals
of Liberia (or who have no nationality and who last habitually resided
in Liberia) must comply to register for TPS.
The Attorney General initially designated Liberia for TPS effective
March 7, 1991, and redesignated Liberia for TPS effective April 7,
1997. The designation and redesignation expired on September 28, 1998.
This new redesignation of Liberia makes TPS available to eligible
Liberian TPS applicants who have continuously resided in the United
States since September 29, 1998, and who have been continuously
physically present in the United States since September 29, 1998.
EFFECTIVE DATE: This Liberian TPS redesignation is effective from
September 29, 1998, until September 28, 1999. The registration period
for this redesignation begins on September 29, 1998 and will remain in
effect until March 29, 1999.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Program Analyst, Immigration and Naturalization
Service, Room 3214, 425 I Street, NW., Washington, DC 20536, telephone
(202) 514-3228.
SUPPLEMENTARY INFORMATION:
Background
Statutory Provisions for Redesignation of TPS
Section 308(a)(7) of Pub. L. 104-132 renumbered section 244A of the
Act. Under this section, renumbered as section 244 of the Act (8 U.S.C.
1254), the Attorney General is authorized to grant Temporary Protected
Status in the United States to eligible aliens who are nationals of a
foreign state designated by the Attorney General (or who have no
nationality and last habitually resided in that state). The Attorney
General may designate a state upon finding that the state is
experiencing ongoing armed conflict, environmental disaster, or
extraordinary and temporary conditions that prevent nationals or
residents of the country from returning in safety.
Subsection 244(b)(1) of the Act implicitly permits the Attorney
General to ``redesignate'' (that is, to designate under the TPS program
a country that has been previously designated), as well as designate
for the first time, if she first finds that the required conditions are
met. The act of redesignation is referenced in subsection
244(c)(1)(A)(I), which requires that ``the alien has been continuously
physically present since the effective date of the most recent
designation of that state.'' (Emphasis added.) This provision thus
explicitly contemplates more than one designation.
The TPS statute imposes a requirement that, in order to be eligible
for TPS, an alien must have been continuously physically present in the
United States since the effective date of the most recent designation.
This means that, regardless of when a designation may have been
extended, in order to receive TPS an alien must have been physically
present in the United States from the date of initial designation or
from the date of any redesignation. Section 244(c)(1)(A)(I) of the Act.
The statute also authorizes the Attorney General to impose an
additional requirement that an alien must have continuously resided in
the United States since such date as the Attorney General may
designate. Section 244(c)(1)(A)(ii) of the Act.
The required September 29, 1998, residence date will apply to all
applicants. Certain trips from the United States after September 29,
1998, will be allowed under the definitions of ``continuously
physically present'' and ``continuous residence.'' See definitions at 8
CFR 244.1, formerly 8 CFR 240.1.
The initial registration period for this TPS redesignation
continues from September 29, 1998 until March 29, 1999, in accordance
with the required 180-day minimum period. Section 244(c)(1)(A)(iv) of
the Act.
Redesignation of Liberia Under the TPS Program
On March 27, 1991, the Attorney General designated Liberia for
Temporary Protected Status for a period of 12 months. 56 FR 12746. The
Attorney General subsequently extended the designation of Liberia under
the TPS program for additional periods, with the last extension valid
until September 28, 1998. On March 31, 1998, the Attorney General
published a Notice of Termination of Designation of Liberia under the
TPS program effective September 28, 1998. 63 FR 15437. This
determination was based on the understanding that the Department of
State would review security conditions in Liberia prior to the
September 28, 1998, expiration date of the TPS designation and
redesignation for Liberia. The recent recurrence of armed conflict in
Liberia and the Department of State review of conditions has caused the
Attorney General to reconsider TPS status for Liberia and recommend the
redesignation of TPS for Liberia.
In her discretion, the Attorney General has determined that, in
light of renewed conflict in Liberia, the temporary conditions that
exist in Liberia warrant redesignation. Therefore, pursuant to section
244(b)(1) of the Act, this notice grants Liberia a redesignation of
TPS.
By operation of statute, this redesignation extends the
availability of TPS only to Liberians who have been continuously
physically present in the United States from the effective date of this
redesignation, September 29, 1998.
Notice of Redesignation 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. 1254), and
pursuant to the discretion vested in the Attorney General under
subsection 244(b)1) of the
[[Page 51959]]
Act, I have consulted with the appropriate agencies of the U.S.
Government concerning redesignation of Liberia under the Temporary
Protected Status program. From these consultations I find that, due to
renewed conflict in Liberia and ongoing insecurity, there exist
extraordinary and temporary conditions that prevent aliens who are
nationals of Liberia (and aliens having no nationality who last
habitually resided in Liberia) from returning to Liberia in safety. In
consideration of these consultations and other relevant factors, and in
the exercise of my discretion, I order redesignation of Liberia as
follows:
(1) Liberia is redesignated under section 244(b)(1)(C) of the Act.
Nationals of Liberia (and aliens having no nationality who last
habitually resided in Liberia) who have ``continuously resided in the
United States'' since September 29, 1998, and have been ``continuously
physically present'' since [September 29, 1998, whichever is later] may
apply for Temporary Protected Status within the registration period
which begins September 29, 1998 and ends on March 29, 1999.
(2) I estimate that there are no more than 10,000 nationals of
Liberia (and aliens having no nationality who last habitually resided
in Liberia) who are currently in nonimmigrant or unlawful status
(including the earlier Liberian TPS registrants) and are, therefore,
eligible for Temporary Protected Status under this redesignation.
(3) Except as specifically provided in this notice, applications
for TPS by nationals of Liberia (and aliens having no nationality who
last habitually resided in Liberia) must be filed pursuant to the
provisions of 8 CFR part 244, formerly 8 CFR 240. Aliens who wish to
apply for TPS must file an Application for Temporary Protected Status,
Form I-821, together with an Application for Employment Authorization,
Form I-765, during the registration period, which begins on September
29, 1998 and will remain in effect until March 29, 1999.
(4) The Attorney General has determined that there will be no fee
for an Application for Temporary Protected Status, Form I-821, filed in
connection with this redesignation of Liberia under the TPS program.
(5) TPS registrants must submit a Form I-765 along with Form I-821
as part of the registration process. If a TPS registrant intends to
work, he or she must obtain employment authorization. The filing fee
for all Employment Authorization Documents (Forms I-765) received by
the Service before October 13, 1998, is seventy dollars ($70). On
October 13, 1998, the Immigration and Naturalization Service will
implement a revised fee schedule and the prescribed fee for all Forms
I-765, received by the Service on or before October 13, 1998, will be
on hundred dollars ($100). Form I-765 may be submitted without the
required fee if a properly documented fee waiver requests in accordance
with 8 CFR 244.20, formerly 8 CFR 240.20, accompanies the form.
(6) Information concerning the TPS redesignation program for
nationals of Liberia (and aliens having no nationality who last
habitually resided in Liberia) will be available at local Immigration
and Naturalization Service offices upon publication of this notice.
Dated: September 24, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-26033 Filed 9-28-98; 8:45 am]
BILLING CODE 4410-01-M
